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UNIVERSITATEA SPIRU HARET

ADINA RDULESCU

ENGLEZ JURIDIC
- anii I i II de studiu -

EDITURA FUNDAIEI ROMNIA DE MINE

FIRST YEAR OF STUDY


CONTENTS
UNIT 1
BRITISH LAW vs. US LAW
Specialized Vocabulary
The Verbal Tenses
UNIT 2
FORMS OF PUNISHMENT
Specialized Vocabulary
The Verbal Tenses
UNIT 3
THE EUROPEAN COURT OF JUSTICE COMPOSITION AND STRUCTURE
Specialized Vocabulary
The Verbal Tenses
UNIT4
INSTITUTIONS OF THE COMMUNITY
SECTION 4 THE COURT OF JUSTICE
Specialized Vocabulary
Modal Verbs
UNIT 5
DAILY TELEGRAPH
12 years for thief who left 7m IOU
Pc faces jail for sex assaults
Life sentence for double rapist
Valentine killer given life in jail
Specialized Vocabulary
Passive Voice
UNIT 6
DAILY TELEGRAPH
Iraqi jailed over British aid worker killing
Specialized Vocabulary
Prepositions
UNIT 7
HOME CONFINEMENT
Specialized Vocabulary
2

Nouns: Compound Nouns and Collocations, Plural Forms, Derived Nouns


UNIT 1
British law vs. US law
The main sources of British law are common law, legislation and, more recently, European
Community law. Scotland and Northern Ireland have their own legal system and lawcourts,
distinct from those in England and Wales.
A distinctive ancient British law is that of habeas corpus. This Latin phrase literally means
you must have the body, and is the opening words of a 17 th-century writ guaranteeing a
person a fair trial. A person who believes that he is being wrongly held by the police can
issue a writ of habeas corpus to have his complaint heard by a court. This is also part of the
US Constitution.
A trial in a criminal court is a contest between the prosecution, who put the case and call the
evidence against the defendant, and the defence. The defendant normally has a lawyer to
represent him and act as his legal adviser. An accused person pleads guilty or not guilty.
It is a principle of English law that a person is presumed to be innocent until proved guilty,
and the Prosecution have to satisfy the Court of the defendants guilt so that the Court is sure
of it, otherwise he must be found not guilty.
The jury, who make the eventual decision in the Crown Court as to whether the defendant is
actually guilty or not guilty, is normally composed of 12 people chosen at random from
the list of local people who have a right to vote in the area. Their decision is called a verdict.
The lawyers who speak for the prosecution or the defence in magistratescourts and county
courts are normally solicitors, while in the Crown Courts they are barristers. In Scotland a
barrister is known as an advocate. Barristers are so called because they have been called to
the Bar by one of the Inns of Court.
Young people under 17 are tried in a special juvenile court, a kind of magistratescourt
which is held separately from the other courts. Sudden or suspicious deaths are investigated
in a special coroners court.
US law is based on English law and is represented by common law, statute law, and the US
Constitution. There are two types of court, state and federal, with each state having its own
distinctive laws, courts and prisons. Federal law cases are first heard before a federal district
judge in a district court presided over by a Chief Judge. Appeals are made to one of 13
Courts of Appeal or to the Supreme Court, the highest in the country. The federal legal
system has its own police force, the Federal Bureau of Investigation (FBI).
A sheriff in the USA is the chief law enforcement officer in a county, with the power of a
police officer in the matter of enforcing criminal law. In his judicial role he is entitled to
serve writs. He is elected by the local people in all states except Rhode island.
In England and Wales the sheriff is the principal officer of the Crown in a county, with
mainly ceremonial duties. In Scotland, however, he is a judge in a sheriff court, which deals
with most types of crimes.
(Oxford Advanced Learners Encyclopedic Dictionary)
3

I. Match the words in column A with their definitions in column B and then with their
Romanian equivalents in column C:
A
1. common law

a. a person against whom an action or


claim is brought in a court of law.
2. habeas corpus b. a lawyer who has been called to the
bar and is qualified to plead in the higher
courts.
3. writ
c. the judicial review by a superior court
of the decision of a lower tribunal.
4. the prosecution d. lawyer who advises clients on matters
of law, draws up legal documents,
prepares cases for barristers, etc., and
who may plead in certain courts.
5. defendant
e. the four private unincorporated
societies in London (Lincoln's Inn, Inner
Temple, Middle Temple, Gray's Inn) that
function as a law school and have the
exclusive privilege of calling candidates
to the English bar.
6. the defence
f. a document under seal, issued in the
name of the Crown or a court,
commanding the person to whom it is
addressed to do or refrain from doing
some specified act.
7. solicitor
g. a public official responsible for the
investigation of violent, sudden, or
suspicious deaths.
8. barrister
h. the institution and conduct of legal
proceedings against a person
9. the Bar
10. Inns of Court
11. coroner

C
m. ordonan,
judectoreasc
n. aprarea

hotrre

o. Barou
p. avocat nsrcinat cu
procedura, jurisconsult
q. drept comun

r.
cldiri
londoneze
aparinnd
la
patru
societi juridice
s. procuratura, acuzarea

t. medic legist i procuror


nsrcinat cu cercetarea
penal
a
deceselor
suspecte
i. the body of law based on judicial u. avocat pledant
decisions and custom, as distinct from
statute law.
j. all those who belong to the profession v. habeas corpus
of barrister.
k. a writ ordering a person to be brought w. apel, recurs
before a court or judge, esp. so that the
4

12. appeal

court may ascertain whether his


detention is lawful.
l. the defendant and his legal advisers x. acuzat, inculpat, prt
collectively.

II. Complete the following sentences using the words in the box in different
expressions. Each word will be used more than once:
verdict appeal

evidence

law crime trial

1. There was enough . to prove him guilty.


2. Has the jury reached a ..?
3. The client has decided not to . .
4. The police are there to enforce the . .
5. What .. has he committed?
6. I think that the criminal will be brought to .. .
7. I never brake the .. . I am a -abiding citizen.
8. Have you any to support this statement?
9. After the jury has announced the , you may have the right of .
10.He is now forced to stand a for trying to get round the .
11.His statement to the police was used in .. against him.
12. His case is still on . He has promised to keep on the right side of the .. from
now on.
III. Extract from the sentences in exercise II. the English equivalents for the following
Romanian expressions; the first one has been done for you as an example:
Romanian expressions
a dovedi vinovia cuiva
1. a stabili un verdict
2. a pune n aplicare legea
3. a comite o infraciune
4. a fi acionat n justiie
5. a nclca legea
6. a avea dreptul de a face un recurs/apel
7. a fi supus unui interogatoriu (la un
proces)
8. a ocoli legea
9. a fi n curs de judecare (un caz)
10. a aciona pe cale legal

English equivalents
to prove sb. guilty
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
5

IV. Choose the correct version, looking the new words up in the Glosarry:
1.

A person who steals money placed in his care.

a) a forger
2.

b) an arsonist

c) an embezzler

d) a poacher

................ means catching game birds, animals or fish without permission on

somebody elses property.


a) hunting
3.

c) trespassing

d) poaching

A person who enters a building illegally, especially by force, in order to steal.

a) a burglar
4.

b) stealing
b) a robber

c) a hooligan

d) a vandal

A person who steals money, etc from other peoples pockets, especially in crowded

places.
a) a thief
5.

c) a shoplifter

d) a robber

The judge has pronounced .......................... of ten yearsimprisonment.

a) an accusation
6.

b) a pickpocket
b) a punishment

c) a sentence

d) a conviction

The correct spelling for the English equivalent of the Romanian word delapidator

is:
a) imbezzler

b) embezler

c) embezzler

d) embezller

7. He has been released from prison .................... and if he does not behave satisfactorily, he
will be sent back.
a) on probation

b) on remission

c) into custody

d) on testing

8. There was no need for a trial, because the client decided to .................... and forgive the
attacker.
a) serve his sentence

b) appear in court

c) drop all the charges

d) commute his

sentence
9. ............... means money paid by or for a person accused of a crime, as security that he
will return for his trial if he is allowed to go free until then.
a) Probation

b) Bribe

c) Bail

d) Fine

10. A .................... is a lawyer who prepares legal documents, advises clients on legal
matters and speaks for them in lower courts.
6

a) solicitor

b) prosecutor

c) judge

d) barrister

11. A person who takes people hostage for a ransom is called a .......................
a) hijacker

b) bandit

c) kidnapper

d) rapist

12.The correct spelling for the English equivalent of the Romanian word omor prin
pruden is:
a) menslaughter

b) manslother

c) manslaughter

d) manslauther

13. After ten hours, the Jury finally reached its .: the prisoner was guilty.
a) sentence

b) verdict

c) point

d) conclusion

14. A person who willfully gives a false statement while under oath, concerning a material
matter in a judicial proceeding is said to commit .................. .
a) slander

b) bribery

c) perjury

d) treason

15. A ....................... is someone who testifies, especially in a court of law to events or facts
within his own knowledge.
a) registrar

b) spectator

c) witness

d) friend

V. Provide the Romanian translation for the following English words, using the
Glossary:
English terms
1. a forger
2. an arsonist
3. an embezzler
4. a poacher
5. a burglar
6. a robber
7. a hooligan
8. a vandal
9. a thief
10. a pickpocket
11. a shoplifter
12. a hijacker
13. a bandit
14. a kidnapper
15. a rapist
16. a smuggler
17. a trespasser

Romanian equivalents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
7

18. a mugger
19. an assassin
20. a terrorist

18.
19.
20.

VI. Choose the correct version, paying attention to the use of English tenses:
1. Judge Williams ........................ today as judge Thomson has been taken ill.
a) presides

b) will preside

c) is presiding

d) presided

2. Before taking up his duty, each judge ............. an oath to respect his responsabilities.
a) takes

b) is taking

c) took

d) has taken

3. The members of the jury ....... now ................... on the murder case.
a) is __ deliberating

b) were __ deliberating

c) are __ deliberating

4. ............................ to represent yourself in the trial?


a) Will you

b) Are you going

c) You are going d) Will you be

5. Look out! One of the robbers .......................... .


a) will shoot

b) is shooting

c) was shooting

d) is going to shoot

6. I ....................... my solicitor tomorrow; I am changing my will.


a) am seeing

b) will see

c) see

d) would see

7. As soon as I .............. from my lawyer, I will let you know.


a) will hear

b) heard

c) will have heard

d) hear

8. You cannot enter this room. The witness ..................... cross examined right this
moment.
a) is being

b) is

c) will be

d) has being

9. The coroner .......................... the case right now.


a) investigates

b) is investigating c) will investigate d) has been investigating

10. My client will make an appeal when the verdict ......... pronounced.
a) will be

b) was

c) has been

d) is being

VII. Match the English expresions in column A with their equivalent Romanian
translations in column B, using the glossary:
A

B
8

to serve a sentence
1. to pronounce a sentence
2. to be released on probation
3. to be taken into custody
4. to drop all the charges
5. to commute a sentence
6. to be released on bail
7. to take an oath
8. to suspend a sentence
9. under house arrest
10. to bring to court

= a executa o sentin
a. a comuta o pedeaps
b. cu domiciliu forat
c. a fi eliberat pe cauiune
d. a suspenda o sentin
e. a depune un jurmnt
f. a renuna la toate acuzaiile
g. a pronuna o sentin
h. a urmri n justiie
i. a fi arestat
j. a fi pus n libertate sub supraveghere

VIII. Match the verbal tenses in the left column with their corresponding grammatical
term; the first one has been done for you as an example:
Verbal tenses
is investigating
1. will have prosecuted
2. has been protecting
3. was advising
4. had been examining
5. defended
6. will dismiss
7. had robbed
8. have committed
9. will have been pleading
10. will be analysing
11. convicts

Corresponding grammatical term


Present Tense Continuous
a. Past Tense Simple
b. Past Perfect
c. Present Tense Simple
d. Present Perfect Continuous
e. Future Tense Continuous
f. Past Tense Continous
g. Past Perfect Continuous
h. Future Tense Simple
i. Present Perfect
j. Future Perfect Continuous
k. Future Perfect

IX. Put the verbs in brackets into the corresponding verbal tense indicated in intalics:
1. I .. (see) my solicitor tomorrow. (Present Tense Continuous)
2. What you (think) about? (Present Tense Continuous) Why . you (not
talk) to me about your problems? (Present Tense Simple)
3. After deliberating for hours, the jury .. (decide) to declare the defendant not
guilty. (Present Perfect)
4. Why .. you (accept) to take this case if you consider your client to be guilty?
(Present Perfect)
5. Yesterday he . (come) into my office and (ask) for my help. I
(tell) him that I would help him but he . (not seem) to trust my words. (Past
Tense Simple)
9

6. I .. (wait) for you in front of the cinema when I (realize) that


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

10

UNIT 2
Forms of Punishment
When people are sent to prison in Britain after being found guilty of a crime, they a given a
sentence that specifies the length of their punishment. Most, however, will be eligible for a
remission of one third of the period stipulated. This means that a person sentenced to a
years imprisonment will normally be released after eight months, and one sentenced to three
years will leave prison after two. Moreover, most prisoners sentenced to 12 months or more
are also eligible for parole when they have served one third of the stated period, after a
minimum of six months in prison. At present, about three prisoners out of four obtain parole.
However, prisoners sentenced to five or more years for serious offences involving violence,
arson or sexual crimes are rarely granted parole. A person on parole is released from prison
on condition that he or she remains in touch with a probation officer over the period of time
for which the original sentence would have run. If parole conditions are abused, the offender
is liable to be recalled to prison.
Although a life sentence for murder rarely means imprisonment for life, it can last for 20
years or more if the crime was the murder of a police officer or prison officer, if it was
carried out during a terrorist attack or a robbery, or if it involved the sexual or sadistic killing
of a child. The government minister responsible for law and order, the Home Secretary,
decides when a prisoner sentenced to life should be released. Such prisoners remain on
parole for the rest of their lives, and may be imprisoned again if it seems likely that they will
commit a further offence.
On the whole, many courts try to avoid passing prison sentences in the first place, and
instead impose some other punishment, such as a fine, or probation, or a community service
order. A court may impose a prison sentence suspended for up to two years: the offender
will not have to serve the sentence unless he or she commits other offences during the
period. Fines are awarded in about eight cases out of ten. Probation involves the offender
leading a normal life but under the supervision of a probation officer. Community service
involves doing unpaid physical work for between 40 and 240 hours, to be completed within
12 months. Typical exemples of community service are painting an elderly persons house or
building a playground for children.
Courts also have the power to allow a convicted person to go free, ie to discharge him or her
conditionally, especially if imprisonment or other punishment seems inappropriate. If
convicted for another offence of the same kind, however, such a person will be brought back
to court and be liable for punishment that could have been imposed in the first place. For a
trivial offence, such as a single instance of drunk and disorderly behaviour, the court may
bind over the offender, requiring him or her to keep the peace and be of good
behaviour. If this condition is not observed, the person may be given a punishment for the
original offence, or have to pay a sum of money stipulated when bound over.
(Oxford Advanced Learners Encyclopedic Dictionary)
11

I. State whether the following sentences are true or false and correct the false ones:
Example: A person sentenced to a years imprisonment will normally be released after
five months. FALSE
CORRECTION: A person sentenced to a years imprisonment will normally be released
after eight months.
1. A person sentenced to three years will normally leave prison after two.
2. Most prisoners sentenced to 12 months are eligible for parole when they have served
four months of the stated period.
3. At present, one prisoner out of four obtain parole.
4. Prisoners sentenced to five or more years for serious offences are granted parole very
often.
5. A life sentence for murder can last for 20 years or more.
6. The High Court of Justice decides when a prisoner sentenced to life should be
released.
7. Fines are awarded in about six cases out of ten.
8. Probation involves that a probation officer will be living with the offender over the
period of time estimated initially.
9. The number of hours that can be imposed for community service vary between 40
and 240 hours.
10. Irrespective of the number of hours, the community service has to be completed
within one year.
II. Match the half-sentences in column A with the half-sentences in column B to
make complete and logical sentences.
A
1. Almost all prisoners will be eligible
2. A person on parole will have to
remain in touch
3. A convict sentenced to a years
imprisonment will
4. Prisoners that are guilty of serious
crimes will remain
5. A prisoner sentenced to three yearss
imprisonment
6. The less severe forms of punishment
are:
7. Community service involves

B
a. will leave prison after two.
b. doing unpaid physical work.
c. if imprisonment or other punishment
seems inappropriate.
d. he or she will be liable for the
punishment imposed in the first place.
e. with a probation officer over the period
of time estimated.
f. for a remission of their initial sentence.

g. the offender may simply get away with


a verbal warning.
8. Typical exemples of community h. normally be released after eight
12

service are
9. One of the trivial offences we can
mention
10. For a trivial offence,
11. If parole conditions are abused,
12. Courts have the power to allow a
convicted person to go free,
13. If a person on parole is convicted for
the same offence,
14. To bind over means

months.
i. to place a person under a legal
obligation, such as one to keep the peace.
j. on parole for the rest of their lives.
k. have to pay a fine at a second offence.
l. is drunk and disorderly behaviour.

m. a fine, probation, or community


service.
n. painting an elderly persons house or
building a playground for children.
15. If the offender fails to keep the o. the offender is liable to be recalled to
peace, he or she will
prison.
III. Choose the correct meaning of the following expressions selected from your text:
1.
a)
b)
c)

To be eligible for a remission means:


to deserve to be punished for a remission.
to be unworthy or unfit for a remission.
to have the right or proper qualification for a remission.

2.
a)
b)
c)

To be liable for punishment means:


to be legally obliged or responsible for something and be punished accordingly.
to be suspected of an offence and be punished for it.
to deserve a form of punishment.

3.
a)
b)
c)

To observe a condition (in the context of its use) means:


to listen to a condition but not to respect it.
to notice a condition carefully.
to legally respect an official law.

4.
a)
b)
c)

To carry out a crime means:


to bring to completion, to accomplish a crime.
to be acquitted for a crime.
to serve a sentence for committing a crime.

5.
a)
b)
c)

To bind somebody over means:


to make sb. take an oath that he will respect the law.
warn sb. that he will apear in court again if he breaks the law.
to punish sb. for breaking the law.

13

IV. Match the following words and expressions with their Romanian translation:
1. crime
2. offender
3. remission
4. parole
5. probation officer
6. life sentence
7. community service
8. convict
9. arson
10. suspended sentence

a. condamnat
b. pedeaps cu suspendare
c. delict, infraciune
d. incendiere premeditat
e. reducere de pedeaps, graiere
f. munc n interesul comunitii
g. ofier de poliie nsrcinat cu
supravegherea unei persoane eliberate
condiionat
h. condamnare pe via
i. contravenient
j. eliberare condiionat

V. Complete the following derivational pattern noun - verb - noun, paying attention to
the first example. Then translate the noun in the third column:
Noun
1. prison
2.
3.
4.
5.
6.
7.
8.
9.
10.

Verb
imprison
empower
enforce
discourage
disengage
disfigure
displace
enact
enlist
impair

Noun
imprisonment

VI. Select from the box below the legal terms that belong to the class of FELONY
(infraciune grav/act criminal) and those that belong to the class of
MISDEMEANOUR (delict/infraciune minor). These two legal terms felony
misdemeanour were known to have imposed two different forms of trial in England and
Wales until 1967.
armed robbery
high treason
kidnapping

shoplifting
arson
libel
attempted murder
maslaughter
pickpocketing adultery burglary
rape
embezzlement
prostitution
bigamy
14

petty larceny terrorism


poaching
trespassing
indecent exposure
treason

extortion/blackmail
bribery smuggling
forgery
perjury
grand larceny
fraud
hijacking

FELONY
armed robbery

MISDEMEANOUR
shoplifting

VII. Choose the correct version, looking the new words up in the Glosarry:
1. Any witness shall take an oath that the .................. he/she is about to give shall be the
truth, the whole truth and nothing but the truth.
a) confession

b) testimony

c) verdict

d) statement

2. To .................... means to go or intrude on the property, privacy, or preserves of another


with no right or permission.
a) trespass

b) forge

c) break in

d) burgle

3. .................. is defined as giving or promising to give a public official something of value


with a corrupt intention to influence the official in the discharge of his or her official duty.
a) Forgery

b) Larceny

c) Bribery

d) Perjury

4. ..................... is the false making or altering of any document that either has legal
significance or is commonly relied upon in business transactions.
15

a) Deceit

b) Smuggling

c) Corruption

d) Forgery

5. Since the defendant did not have a criminal record, he got away with a small ........... .
a) ransom

b) punishment

c) fine

d) ticket

6. Many civilized countries have long abolished the death .................


a) penalty

b) punishment

c) conviction

d) sentence

7. A threat of attack to another person, followed by actual attack which need amount only to
touching with hostile intent is called .....................
a) rape

b) assault and battery

c) threat

d) vandalism

8. The defendant was able to prove his innocence at the trial and was ..................... .
a) absolved

b) acquitted

c) forgiven

d) pardoned

9. The judge recommended more humane forms of punishment for juvenile ......................
a) convicts

b) villains

c) sinners

d) delinquents

10. The police have to ................... the law, not to take it into their own hands.
a) press

b) break

c) force

d) enforce

VIII. Choose the correct version, paying attention to the use of English tenses:
1. He ................... a solicitor for more than a year now.
a) was

b) had been

c) has been

d) is

2. We ......................... for the verdict for almost two hours! There must be something wrong.
a) are waiting

b) were waiting

c) waited

d) have been waiting

3. She .................... released on bail last week.


a) has been

b) was

c) will be

d) had been

4. ............ the jury .................. a verdict?


a) Have ... reached

b) Has ... reached

c) Had ... reached d) Did .... reach

5. The leader of the gang ...... just ............ acquitted by the court of justice.
a) has...been

b) had...been

c) was...been

d) is ...

6. He was placed under investigation only after they .............. hard evidence against him.
a) found

b) had found

c) has found

d) finded

7. His sentence was by far more severe than everybody ......................... .


a) expected

b) was expecting c) had expected

d) has expected
16

8. As soon as the jury .................. the verdict, the case was dismissed.
a) had pronounced

b) pronounced

c) has pronounced

d) pronounces

9. Everybody wondered why he ................. caught red-handed before.


a) hasnt been

b) wasnt

c) hadnt been

d) wouldnt be

10. The members of the jury ................. for hours when they finally reached a verdict.
a) were deliberating

b) deliberated

c) have been deliberating

d)

had

been

deliberating
11. She told me that she ..................... filing for divorce for a long time.
a) considered

b) had been considering c) would consider d) has been considering

12. I ......................... in a court of law since my parents filed for a divorce.


a) wasnt

b) havent been

c) wont be d) hadnt been

13. As soon as the search warrant ..................... they will be allowed to look for the
documents.
a) has been issued

b) will be issued

c) was issued

d) had been issued

14. ................ his criminal record ..................... to the slightest detail?


a) Was ___ checked

b) Has ___ being checked

c) Has ___ been checked

d)

Would ___ been checked


15. The suspect ............... under investigation long before the police found irrefutable
evidence.
a) was placed

b) has been placed

c) had been placed

d)

will

be

placed

17

UNIT 3
The European Court of Justice Composition and Structure
The reprezentatives of the member states did not by common accord agree on the seat of the
Court until 1992, when they were empowered to do so by Article 216 EEC. As a result, they
took the decision that the Court of Justice should remain in Luxembourg. This rooting of the
Court in Luxembourg is one factor in helping to give the Court a strong esprit de corps.
The Court of Justice consists of fifteen judges and nine advocates-general, who are
appointed by common accord of the governments of the member states for a renewable term
of six years. To be appointed to one of these offices a person has to either possess the
qualifications required for appointment to the highest judicial offices in his or her respective
countries or be jurisconsults of recognized competence. Although in strict law the judges and
advocates-general could be of any nationality, in practice each member state will nominate
one of its own nationals as a judge, and the five largest states France, Germany, Italy,
Spain and the United Kingdom will each nominate an advocate-general. The remaining
advocates-general are appointed by the smaller member states in accordance with a system
of rotation. Belgium had an advocate-general from 1988 to 1994, Denmark from 1991 to
1997, Greece from 1994 to 2000 and Ireland from 1995 to 2000. A disadvantage of the
rotation system is that no matter how outstanding the person is, it is impossible for him or
her to be reappointed at the end of six years.
An odd number of judges is maintained in order to allow the full court to sit and to reach a
majority decision. All decisions of the Court are signed by all the judges whether they were
in the minority or the majority, so it is impossible to know whether the decision was reached
by a bare majority or by unanimity.
The Council has the power, acting unanimously on a request from the Court, to increase the
number of judges and advocates-general. In the past the size of the Court was expanded
upon the accession of new member states, but not on other occasions, to help it cope with
extra business. The Court initially started with seven judges, expanded to nine in 1973
(accession of Denmark, Ireland and the United Kingdom), to eleven in 1981 (accession of
Greece), to thirteen in 1986 (accession of Spain and Portugal) and to fifteen in 1995
(accession of Austria, Finland and Sweden).
The Court has coped with the increase in its workload in part by increasing the number of
cases that it handles in a chamber rather than by a plenary session. The EEC Treaty always
allowed the Court to form chambers consisting of three or five judges, but originally insisted
that cases brought before the Court by a member state or by a community institution must be
heard in plenary session.
The Court now has four chambers of three judges and two chambers of seven judges. Each
chamber has a president, who is elected annually, and it seems that by convention the
presidencies of the chambers rotate around all the judges apart from the President of the
Court.
(Adapted from EC Law. The Essential Guide to the Legal Workings of the European
Community, by Stephen Weatherill&Paul Beaumont)
18

I. Fill in the gaps with the missing words from the text:
1.
2.

Luxembourg is the seat of the actual ...................................... .


The members of the European Court of Justice are appointed by
the .................................................. .
3.
...................................... has the right to nominate one of its own nationals as a
judge.
4.
Five advocates-general are appointed by .............................., while the other
four are appointed by ............................. .
5.
The disadvantage of ........................ is that a member of the Court of Justice
cannot be reappointed at the end of six years.
6.
How do we know whether a decision of the Court of Justice was reached by
a ......................... or by unanimity?
7.
The
Council
has
the
power
to
increase
the
number
of ............................................. .
8.
The right of the Court to form chambers was granted by the .............................. .
9.
The actual Court consists of .......................... of three judges and
of ...................... of seven judges.
10.
The president of a chamber is elected ........................, according to a rotation
system.
II. Ask questions for the following answers; the first two have been done for you as
examples:
Answer: In 1992
Question: When did the reprezentatives of the member states agree on the seat of the
Court?
Answer: Fifteen judges and nine advocates-general.
Question: How many judges and advocates-general does the Court of Justice consist of ?
1. Answer: Six years.
Question: _______________________________________________________
2. Answer: France, Germany, Italy, Spain and the United Kingdom.
Question: _______________________________________________________
3. Answer: From 1988 to 1994.
Question: _______________________________________________________
4. Answer: Denmark
Question: _______________________________________________________
19

5. Answer: In order to allow the full court to sit and to reach a majority decision.
Question: _______________________________________________________
6. Answer: All the judges.
Question: _______________________________________________________
7. Answer: Upon the accession of new member states.
Question: _______________________________________________________
8. Answer: Seven.
Question: _______________________________________________________
9. Answer: Austria, Finland and Sweden.
Question: _______________________________________________________
10.Answer: Six chambers of judges.
Question: _______________________________________________________
III. Translate the following sentences into Romanian, paying attention to the words
underlined:
1. This rooting of the Court in Luxembourg is one factor in helping to give the Court a
strong esprit de corps.

2. To be appointed to one of these offices a person has to either possess the


qualifications required for appointment to the highest judicial offices in his or her
respective countries or be jurisconsults of recognized competence.
_______________________________________________________________________
_

3. A disadvantage of the rotation system is that no matter how outstanding the person is,
it is impossible for him or her to be reappointed at the end of six years.

20

4. All decisions of the Court are signed by all the judges whether they were in the
minority or the majority, so it is impossible to know whether the decision was reached
by a bare majority or by unanimity.

5. The Court has coped with the increase in its workload in part by increasing the
number of cases that it handles in a chamber rather than by a plenary session.

IV. Find the synonymous terms (right column) for the expressions extracted from the
text above (left column):
1. by common accord

a. according to

b. irrespective of

2. as a result

c. on demand

d. except for

3. in strict law

e. therefore

f. by rule

4. in accordance with

g. regardless of

h. consequently

5. no matter how

i. by convention

6. apart from

j. by common agreement

7. on request

V. Read the following expressions and their equivalent Romanian translations and then
use them to complete the gapped sentences:
1. to be appointed to an office =
2. to be elected =

1. a fi numit ntr-o funcie/poziie


2. a fi ales
21

3. to sit =
3. a fi n edin, a se ntruni
4. to convene a meeting/session =
4. a convoca o ntrunire/edin
5. to convene a person before trial/ to 5. a cita o persoan s se prezinte la
summon sb. =
tribunal
6. to run for a post/an office =
6. a-i depune candidatura pentru un
post/funcie
7. to stand for Parliament =
7. a candida pentru Parlament
8. to dissolve Parliament =
8. a dizolva Parlamentul
9. to hear a case/a witness =
9. a audia un caz, un martor
10. to dismiss a case =
10. a declara un caz nchis
1.
2.
3.

The Minister of Justice is going to ................... presidency.


The debtor was .................... to appear before the magistrates.
The judges and advocates-general are .................. by the governments of the
member states.
4. The manager of the company has ................ an urgent meeting with the
shareholders.
5. James was ............... chairman by a majority of 25 voters.
6. The Court is now ................ in plenary session.
7. I do not think that his qualifications recommend him to ................... Parliament.
8. This case is far too important to be ............... in a chamber.
9. Who has the authority to ............... Parliament?
10. The Court ............... the case due to lack of hard evidence.
VI. Choose the correct version, looking the new words up in the Glosarry:
1. She will soon ................. trial for the part she played in the recent robbery.
a) give

b) perform

c) make

d) stand

2. Detectives are said to be ....................... into the causes of the recent fire.
a) looking

b) investigating

c) checking

d) searching

3. The victim ............... the law into her own hands by killing her attacker.
a) took

b) seized

c) grabbed

d) put

4. Ted Bundy was a hardened criminal who showed no .................. for his crimes.
a) penance

b) pity

c) remorse

d) reproach

5. His sentence has been commuted to six months on the ................ of failing health.
a) bases

b) causes

c) grounds

d) reasons

6. He was convicted to 10 years of prison and ................. of his property.


22

a) confiscated b) denied

c) removed

d) deprived

7. If you cant resolve the dispute, it will have to be settled by.......................


a) arbitration

b) court

c) election

d) referee

8. All his friends thought he was guilty, but no one could ................ anything against him.
a) accuse

b) ensure

c) point

d) prove

9. As the result of a police ............. on the disco, twenty teenagers were arrested.
a) invasion

b) raid

c) intrusion

d) entry

10. As he didnt have a criminal ............., the judge sentenced him to 50 hours of
community work.
a) case

b) file

c) record

d) dossier

VII. Choose the correct version, paying attention to the use of English tenses:
1. By the time you reach the Court, he ........................... released on bail.
a) had been

b) will have been

c) has been

d) was

2. While the people ......................... for the verdict, the judge was talking to the
defendant about the weather.
a) had been waiting

b) are waiting

c) were waiting

d) wait

3. Right now I think I am ....................... . Come and pick me up!


a) followed

b) being followed

c) been followed

d) following

4. He ....................... down a street near his home when he was kidnapped.


a) walked

b) was walking

c) had been walking

d) is walking

5. One of the kidnappers ................ to kill him while they were driving away.
a) threatens

b) threteaned

c) is threatening

d) had threthened

6. How long ago ....... you .......... an appeal?


a) did ... made b) had ...made

c) did ... make

d) were ... made

7. I saw you yesterday, while you ................... that famous criminal.


a) were defending

b) defended

c) had been defending

d) defending

8. The witnesses were still being heard when I ............. the court of law.
a) left

b) leaved

c) was leaving

d) had left

9. She told me that she ..................... filing for divorce for a long time.
23

a) considered

b) had been considering c) would consider d) has been considering

10.This time tomorrow they .................... the witness.


a) will cross-examine b) would cross-examine c) will be cross-examining
d) are

cross-examining

11. By the end of this year he ........................ ten years in prison.


a) will be spending

b) will spend

c) will have spent d) has spent

12.We knew that the defendant .............. to do such a thing.


a) will never be able b) are never able

c) would never be able

d) can never

13.They said that the new constitution ....................... soon.


a) would be voted

b) will be voted

c) would vote

d) is voted

14. By this time next year, he ..................... his prison sentence.


a) would have served

b) will have served

c) will serve

d) is serving

15. The criminal ....................... to trial if there is enough evidence against him.
a) would be brought

b) will have been brought

c) will be brought d)

was

brought

24

UNIT 4
Institutions of the Community
Section 4 The Court of Justice
Article 170
A Member State which considers that another Member State has failed to fulfil an obligation
under this Treaty may bring the matter before the Court of Justice.
Before a Member State brings an action against another Member State for an alleged
infringement of an obligation under this Treaty, it shall bring the matter before the
Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has been
given the opportunity to submit its own case and its observations on the other partys case
both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which the
matter was brought before it, the absence of such opinion shall not prevent the matter from
being brought before the Court of Justice.
Article 171
1. If the Court of Justice finds that a Member State has failed to fulfil an obligation
under this Treaty, the State shall be required to take the necessary measures to comply
with the judgement of the Court of Justice.
2. If the Commission considers that the Member State concerned has not taken such
measures it shall, after giving that State the opportunity to submit its observations,
issues a reasoned opinion specifying the points on which the Member State concerned
has not complied with the judgement of the Court of Justice.
If the Member State concerned fails to take the necessary measures to comply with the
Courts judgement within the time-limit laid down by the Commission, the latter may
bring the case before the Court of Justice. In so doing it shall specify the amount of
the lump sum or penalty payment to be paid by the Member State concerned which it
considers appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not complied with
its judgement it may impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article 170.
(Blackstones EC Legislation, Edited by Nigel G. Foster)
25

I. Match the new expressions (from the text above) in column A with their Romanian
equivalents in column B:
A
1. to fulfil an obligation =
2. to bring a matter before =
3. to bring an action against sb. =
4. an alleged infringement of an obligation =
5. to deliver a reasoned opinion =
6. to be given the opportunity =
7. to submit a case to =
8. to prevent smth. from + v-ing =
9. to comply with =
10. to lay (laid, laid) down =
11. to impose a lump sum or a penalty
payment =
12. to be without prejudice to =

B
a. a nu prejudicia
b. a mpiedica/a nu permite
c. a prevedea/stabili/specifica
d. a ndeplini o obligaie
e. a impune o plat forfetar sau o amend
f. a se conforma/a respecta
g. a supune o problem ateniei
h. a transmite o opinie ntemeiat
i. a intenta un proces cuiva
j. a supune un caz spre examinare
k. o presupus nclcare/violare a unei
obligaii
l. a i se da ansa

II. Complete the following sentences with logical and correct phrases; the first one has
been done for you:
Example:

If he refuses to fulfil his obligation, he ..


If he refuses to fulfil his obligation, he will have to be fired immediately.

1. I think that you . before bringing this matter before


the Court of justice.
2. If my neighbour , I shall bring an action
against him.
3. The infringement of copy-right .. .
4. After hearing his reasoned opinion, we
5. All I need is to be given the opportunity to
6. What . in order to submit this case to your
commission?
26

7. The new legislation prevented him form .


8. You have to .. to compy with the second clause
in our contract.
9. According to article 170, laid down by the .
10. Which is the heaviest penalty that .
11. Make sure that you respect the law, without any prejudice to .
III. Form collocations (regular combinations of words) by filling in the following
collocational grids; check the correctness of collocations using a legal dictionary:
breach (of) = infraciune, violare, nclcare (a unei convenii)
violation (of) = violare, abuz, nclcare, contravenire (la o regul)
infringement of = infraciune, violare, abuz, nclcare, reproducere ilicit
to break = a nclca (legea), a nu respecta
contract
breach of
violation of
infringement
of
to break (a/an)

copyright

a treaty (the) peace

trust

sbs
privacy

promise

the
highway
code

law

human
rights

patents confidence sbs


liberty

protocol

breach of
violation of
infringement
of
to break (a/an)
IV. Choose from the collocations in exercise III. the English equivalents for the
following and then use them in your own sentences:
27

abuz de ncredere = ________________


nclcarea ordinii publice = ________________
violarea secretului = __________________
reproducere ilicit a dreptului de autor = _____________________________
reproducere ilicit de brevete = _______________________________

V. Choose the correct version, looking the new words up in the Glosarry:
1. The woman sitting in the witness ............ will certainly commit perjury.
a) box

b) stand

c) seat

d) bench

2. A .............. will be appointed to investigate the violent and suspicious death of the
teenager.
a) prosecutor
3.

d) heavy-set

c) assistant

d) associate

b) made

c) committed

d) discharged

I object, Your Honour, the lawyer is ................. the witness!


b) intimidating

c) offending

d) leading

The man jumped out of the window and committed ................

a) death
8.

c) light-fingered

Wilkinson is alleged to have ................... a number of serious crimes.

a) harassing
7.

b) heavy-handed
b) accomplice

a) done
6.

d) judge

You cant have burgled the house alone, so who was your ............... ?

a) ally
5.

c) coroner

He was caught ..................... stealing money from the cash-box.

a) red-handed
4.

b) doctor

b) homicide

c) murder

d) suicide

The police said there was no sign of a .......... entry even though the house had been

burgled.
a) broken
9.

c) forced

d) smashed

He was placed ............ house arrest for his own safety.

a) on
10.

b) burst
b) in

c) under

d) within

Is the defendant going to ............ guilty or not guilty?

a) plead

b) play

c) appeal

d) appear

11. Mr. Johnson was ............... fifty pounds for drinking and driving.
28

a) charged

b) fined

c) ordered

d) penalized

12. As it was her first offence, the judge gave her a ............... sentence.
a) kind

b) lenient

c) severe

d) tolerant

13. I ............... to say anything unless I am allowed to speak to my lawyer.


a) deny

b) neglect

c) refuse

d) resist

14. The new harassment law comes into ............... on September 15.
a) force

b) condition

c) date

d) power

15. He was charged .............. assault and battery and taken to prison.
a) of

b) with

c) on

d) in

VI. Choose the correct version, paying attention to the use of Modal Verbs:
1. Judges ............ never take bribe from the defendants.
a) should

b) must

c) can

d) will

2. The window is broken; the intruder ............... tried to get into their bedroom.
a) can have b) should have

c) would have

d) must have

3. He was innocent! They ................. have taken him into custody!


a) shouldnt

b) mustnt

c) neednt

d) cant

4. He ................ have committed the crime! He was immobilized in bed at that time!
a) mustnt

b) couldnt

c) wouldnt

d) shouldnt

5. I am sorry you didnt ask for help; I ....................... introduced you to my lawyer.
a) cant have

b) must have

c) could have

d) was able to

6.The legislation says that the judges ........................ immune from legal proceedings.
a) shall be

b) will be

c) should be

d) must be

7.A judge ................... of his office if he no longer fulfils the legal conditions.
a) can be deprive b) must deprive

c) may be deprived

d) may been deprived

8. This procedure ........... be without prejudice to Article 170.


a) will
b) shall
c) must
d) can
9. You submitted the case to a higher court! The verdict was in your favour!
a) couldnt have b) mustnt have c) neednt have
d) may not
10.Any Member State .......... comply with the judgements of the European Court of Justice.
29

a) shall

b) must

c) will

d) have to

VII. The main functions of Modal Verbs have been indicated in the box below. Identify
each function illustrated in the following sentences:
present /past ability
impossibility
prohibition
advice

inability

permission

possibility

obligation

absence of obligation

logical assumption (affirmative)

criticism

requests

offers

remote possibility
necessity

logical assumption (negative)

suggestions

regulations

Example:
The Court of Justice shall have jurisdiction in any dispute between Member States.
regulations
1.
2.
3.
4.

The parties to the proceedings may appeal to the Court of justice. ____________
He couldnt testify against an innocent man. ______________
I need to find a very good lawyer to get me out of prison. _______________
He couldnt have been convicted to capital punishment; he was just a pickpocket.
_____________
5. The Home Secretary must have advised the Queen on that important matter.
___________
6. He should have asked for legal aid when he needed it. _______________
7. Can you tell me what papers I have to fill in ? ________________
8. You should bring him to trial before he commits more criminal acts. __________
9. Shall I assist you in this matter? _________________
10.We should all vote for or against this new provision. _________________
11. May I be excused now ? ________________
12. He might have tried to bribe the judge, but I doubt it. ________________
13. Both parties have to respect the binding agreements of this contract.
____________
14. She cant have broken her promise to give herself in. _______________
15. The young lawyer was able to come up with a new idea to rest his case. ________
16. The members of the jury dont have to recess for deliberation if the verdict is
obvious. _______________
17. You mustnt smoke in hospitals and airports. _______________

30

UNIT 5
I. Read the following texts and choose the corresponding headline for each of them:
12 years for thief who left 7m IOU
Valentine killer given life in jail
Life sentence for double rapist
Pc faces jail for sex assaults
__________________________
A financial adviser who stole 10 million from 84 mainly elderly private investors and
the Halifax bank to feed his gambling habit was jailed for 12 years yesterday.
Graham Price, 58, of Llansamlet, near Swansea, an agent for the Halifax and a
consultant, was caught when the IOU for 7 million he had left in a safe was found. He
admitted 43 theft charges.
Swansea Crown Court was told that Price told detectives he believed he needed one more
week of gambling on horses to get the money back.
Note: IOU (abbr of I owe you) = signed paper acknowledging that one owes the sum of money stated
Crown Court = a court of criminal jurisdiction holding sessions in towns throughout England and Wales at
which circuit judges hear and determine cases

__________________________
A policeman who used his warrant card to lure women into his car so he could sexually
assault them was warned yesterday that he faced prison.
Amir Butt, 24, of Watford, offered a lift home to women who had been drinking and
become separated from their friends. He was found guilty on two charges of sexual
assault at Luton Crown Court and will be sentenced at a later date.
Note: Pc abbr of police constable (policeman)

__________________________
A former soldier became a rapist after service in the Gulf war changed his personality, a
court was told yesterday.
Lee Walker, 32, of Wythenshawe, Manchester, was jailed for life at Minshull Street
Crown Court after pleading guilty to rape. He was sentenced to five years for a second
case of rape.

__________________________
A man who murdered his fiance after a row over doing the laundry was told yesterday
that he would serve at least 16 years in prison.
31

Paul Dyson, 31, was given a life sentence for what a judge described as the unspeakably
evil deed of strangling Joanne Nelson, 22, on the eve of St Valentines Day, in Hull.
He dumped her body 100 miles away before making tearful television appeals for her to
get in touch.
Hull Crown Court heard that Dyson slashed his wrists and wrote sorry in blood on his
cell wall three days ago.
Passing sentence, Judge Tom Cracknell told Dyson: You executed a well thought-out
plan without pity, except self pity, without remorse.
The judge said the television appeal was breathtaking and nauseating hypocrisy,
adding: You led her family to think there might be some hope when there was none.
Miss Nelsons body was found after 39 days.
(The Daily Telegraph, Wednesday, November 9, 2005)
II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them as in the following example:
Example: Lee Walker was sentenced to 12 years for two cases of rape. F
CORRECTION: Lee Walker was sentenced to five years for a second case of rape.
1.
2.
3.
4.
5.
6.
7.

Paul Dyson was given a life sentence for a double rape. __


Amir Butt was a 24-year-old policeman who sexually assaulted women in his car. __
Graham Price stole 15 million from 84 mainly elderly private investors. __
Lee Walker was a former soldier fighting in the Gulf war. __
Paul Dyson committed suicide in prison, after he was convicted. __
When brought before justice, Graham Price rejected all theft charges. __
Amir Butt offered a lift home to women who left their office too late to catch the bus.
__
8. Paul Dysons fiance was called Joanne Nelson and was 22 yeards old. __
9. Paul Dyson killed his fiance on Christmas Eve, by stabbing her to death. __
10. Graham Price had no connection whatsoever with the Halifax bank. __
11. Paul Dyson appeared on TV and offered a generous ransom for his fiances possible
kidnappers. __
12.Amir Butt used his warrant card to lure women into his car. __
13. Graham Price was caught when his IOU for 7 million was found in a safe. __
14. Judge Tom Cracknell congratulated Dyson on his well thought-out plan of murdering
his fiance in cold blood. __
15.Graham Price became a bank robber because he needed money for his fiances
surgery. __
III. Pair-work: Take turns in answering your colleagues questions by scanning the
texts for information:
32

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

2. What jail sentence did Graham Price receive?

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

4. How old was Amir Butt and what did he do?

5. What was Amir Butt found guilty of?

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

7. What sentence did Lee Walker receive?

8. How did Paul Dyson dispose of his fiances body?

9. How did Paul Dyson die?

10. When was Miss Nelsons body found?

Remember the Passive Voice


IV. Read the chart below to see how the active to passive transformation works for the
main verbal tenses:
33

VERBAL TENSES
Present Tense Simple
Present Tense
Continuous
Past Tense Simple
Past Tense
Continuous
Present Perfect
Past Perfect
Future Tense Simple
Future Perfect
Conditional
Perfect Conditional
Gerund
Long Infinitive
Perfect Infinitive

ACTIVE VOICE
charge
is/are examining

PASSIVE VOICE
am/is/are charged
is/are being examined

sentenced
was/were interrogating

was/were sentenced
was/were being interrogated

has/have found
had released
will/shall include
will/shall have admitted
would reject
would have arrested
practising
to convict
to have committed

has/have been found


had been released
will/shall be included
will/shall have been admitted
would be rejected
would have been arrested
being practised
to be convicted
to have been committed

V. Put the verbs in brackets into the passive voice of the tense indicated:
Example: A value added tax (VAT) rate of 25 per cent ....................... (apply Past Tense
Simple) to wine in Belgium.
A value added tax (VAT) rate of 25 per cent was applied to wine in Belgium.
1. This case . (decide Present Perfect) against Belgium.
2. The notion of protection (illustrate Future Tense Simple) in the
next paragraph.
3. A charge that . (catch Present Tense Simple) by Article 12 is unlawful.
4. The matter . (judge Past Tense Simple) in the light of Article 95.
5. The repayment to an exporter of a sum exceeding the internal duty
(prohibit Present Tense Simple) by Article 96.
6. Taxing exports at a lower rate than domestic products . (consider
Present Perfect) a discriminatory practice.
7. The terms of the contract .. already (discuss Past Perfect) before
the two parties signed it.
8. The main witnesses in the murder case still .. (hear Past
Tense Continous) by the judge when the politician made a press release.
9. The two diplomats .. now . (escort Present Tense Continous) to the
American Embassy.
10. Six bomb attacks seem (report Perfect Infinitive) in London for
the last 10 hours.
34

11. A new warning . (issue Future Tense Simple) for the refugees to
leave the camp immediately.
12. More funds . (allocate Perfect Conditional) to the Ministry of
Justice if the government had voted the new budget law.
VI. Change the following sentences from Active Voice into Passive Voice; the
underlined direct objects will become the subjects of the passive sentences:
Example:
This Article entitles the holder of intellectual property rights to financial compensations.
The holder of intellectual property rights is entitled to financial compensations by this
Article.
1. They all considered that the Court of First Instance had used Article 86 improperly.
They all considered that Article 86 by
2. The Court will take measures to reconcile the incompatibility of national property
rights with the pursuit of economic integration.
Measures ..............................................................................................
3. Smith Drug Pharmaceuticals had patented a drug called Negram under British law.
A drug called Negram .............................. under British law by
4. The Commission rejected this Article on the grounds of unjustified discrimination.
This Article .. by .
5. The members of the Jury were still deliberating upon the matter of reasonable doubt.
The matter of reasonable doubt still . by
6. The client has just dropped all charges against the advertising agency that did not
respect its deadlines.
All charges ...........................
7. Any lawyer grants the benefit of the doubt even to a hardened criminal.
The benefit of the doubt
Even a hardened criminal ..
8. The Court dismissed your appeal due to lack of further evidence.
Your appeal ...
9. The members of the family will definitely contest this will.
This will by ..
10. They wouldnt have closed that controversial file if they had found at least one eye
witness to testify.
That controversial file if at least one eye witness ..
.
VII. Choose the correct version by paying attention to the use of Passive Voice:
1. Many houses in this area into by burglars.
a) have been being broken
b) have been broken

c) are been broken


35

d) have being broken


2. A photofit picture of the wanted man ....................... last week.
a) had been issued
b) was issuing
c) was issued
d) has been issued
3.
a)
b)
c)
d)

After the verdict ............................., the case ............................ by the judge.


had been pronounced, was dismissed
will be pronounced, will be dismissed
will have been pronounced, has been dismissed
has being pronounced, will be dismissed

4. He ........ just ........................ with sexual assault on a six-year-old boy.


a) was.....charged
b) had......been charged c) has......been charged d) has ...... be
charged
5. He ........................... to 100 hours of community work only because he was at his first
offence.
a) have been sentenced
b) was sentenced
b) will be sentenced
d)
had being sentenced
6. Before ........................ of breach of trust, the lawyer ....... also ....................... with
perjury in a divorce case.
a) been accused, was ..... charged
b) being accuse, has ..... been charged
c) being accused, had .... been charged
d) being accused, was .... been charged
7. Choose the correct passive form of the following active sentence: The Commission
has just appointed the new President of the European Court of Justice.
a) The new President of the European Court of Justice had just been appointed by the
Commission.
b) The new President has just been appointed by the European Court of Justice.
c) The Commission has just been appointed to vote the new President of the European
Court of Justice.
d) The new President of the European Court of Justice has just been appointed by the
Commission.
8. Choose the correct passive form of the following active sentence: The members of
the European Parliament were still debating the issue of competition law at that
point.
a) The issue of competition law was still debated at that point by the members of the
European Parliament.
36

b) The issue of competition law was still debating at that point the members of the
European Parliament.
c) The issue of competition law was still being debated at that point by the members of
the European Parliament.
d) The members of the European Parliament were still being debated by the issue of
competition law.
9. Choose the correct English translation for the following Romanian passive sentence:
Nu s-a ajuns nc la nici o concluzie cu privire la noua lege a adopiei.
a) No conclusion hasnt yet been reached regarding the new adoption law.
b) No conclusion has yet been reached regarding the new adoption law.
c) No conclusion was reached yet regarding the new adoption law.
d) Yet, no conclusion is reached regarding the new adoption law.
10.Choose the correct equivalent sentence for the following: People say that Mr.
Johnson had business difficulties in the past.
a) Difficulties are said to have been had by Mr. Johnson in the past.
b) Mr. Johnson is said to having had business difficulties in the past.
c) Mr. Johnson is said to have had business difficulties in the past.
d) It is said that Mr. Johnson has had business difficulties in the past.

37

UNIT 6
Iraqi jailed over British aid worker killing
1. Life in prison for the abetter of Margaret Hassans kidnappers

An Iraqi man has been sentenced to life in prison in connection with the murder of
Margaret Hassan, the British aid worker abducted and killed in Iraq in 2004. Mustafa
Salman was charged with aiding and abetting the kidnappers. Two other defendants in the
case were freed.
2.
The judge said Salman had received a plastic bag from an associate who asked him to
hold on to it. Four months later Iraqi security forces raided Salman's home and found Mrs
Hassan's purse and documents in the bag.
3.
Today's sentence is the first handed down in connection with the abduction or killing of a
foreign-born civilian in Iraq. More than 200 foreigners and thousands of Iraqis have been
kidnapped since the US-led invasion in 2003, and over 40 have been killed.
4.
Born in Dublin, 59-year-old Mrs Hassan had British, Irish and Iraqi nationality and had
lived in Iraq for 30 years with her Iraqi husband.The CARE International head was taken
hostage in October 2004 while travelling to work in Baghdad. She appeared in a video
appealing for the British forces to withdraw from Iraq, but was killed just under a month
later. Her body has never been found, and no group has claimed responsibility for her
death.
5.
Her family has implored Foreign Secretaries Jack Straw and Margaret Beckett, as well as
the Foreign Office, to question the suspects about the location of Mrs Hassan's
remains."They have refused this request even though this is the only way that Margaret's
remains will be found and we can bring her home to be buried with the dignity she
deserves," they said.
6.
38

Yesterday her family said that, during her captivity, the kidnappers made four calls to her
Iraqi husband Tahseen in Baghdad, demanding to speak to a member of the British
Embassy. But the British told him they would not speak to the hostage-takers.The
Foreign Office confirmed that Mrs Hassan's husband was called from her phone by
someone claiming to be holding her, but said they had been unable to confirm the claims.
7.
Deidre, Geraldine, Kathryn and Michael Fitzsimons said in a statement released
yesterday: "We believe that the refusal by the British Government to open a dialogue
with the kidnappers cost our sister her life."
8.
During her kidnap, in which video recordings of her pleading for her life were released,
officials were keen to distance her from the British Government and emphasise her
charity work in Iraq. Our strategy was one of 'personalisation and localisation',
minimising the links between Mrs Hassan and the UK," a Foreign Office spokesman
said." We understand her family having criticisms of the Government approach and we
remain in regular contact with them."
(The Daily Telegraph, Monday, June 5, 2006)
I. Choose from A to H the sentence that best summarises each paragraph (1-8) of
the article above and insert them in the boxes preceding each paragraph. The first
one has been done for you:

A. Justice at work the first sentence against an Iraqi hostage-taker


B. The British Embassy refuses any communication with Iraqi hostage-takers.
C. Life in prison for the abetter of Margaret Hassans kidnappers
D. The British Governments strategy of assuming political distance
E. Finding evidence against Mustafa Salman
F. Iraqi citizen killed due to her British nationality?
G. Margaret Hassans family blame the British Government for her death.
H. The British authorities fail to comfort the grieved family.
39

II. For questions 1-5, choose the answer (A, B, C or D) which you think fits best
according to the test; sometimes more than one option may be valid:
1. Why did Mustafa Salman keep Margaret Hassans purse and documents in his
house?
A. He wanted to ask Margarets family for a ransom.
B. The purse contained valuable possessions that he intended to sell.
C. Margaret Hassans purse and documents had been placed under his care.
D. Mustafas associates threatened to kill him if he didnt take them.
2. Why was Margaret Hassan allowed to appear in a video?
A. Her appeals might have determined the British forces to withdraw from Iraq.
B. The hostage-takers wanted to offer a proof of life to her family.
C. The hostage-takers wanted to negociate a ransom with the British Government.
D. That was the last chance she had to save her life.
3. Why did the kidnappers make contact with her Iraqi husband?
A. They wanted to negociate the ransom for Margarets release.
B. They needed an intermediary to establish a contact with the British Embassy.
C. They wanted Margarets family to put some pressure on the British Government.
D. They wanted to put Margarets future execution down to the British Government.
4. Why did the British Government refuse to open a dialogue with the kidnappers?
A. The British Government no longer considered Margaret Hassan a British citizen.
B. The British Government didnt want to give in to an Iraqi technique of political
manipulation.
C. The British Government chose to distance itself from any acts of Iraqi terrorism.

40

D. Opening a dialogue with the kidnappers meant withdrawing military forces from
Iraq.
5. Margarets family criticisms of the British Government approach were directed
at
A. the British Government refusal to pay the ransom requested by the kidnappers.
B. the British Government strategy of minimising the links between Mrs Hassan and
the UK.
C. the British Government refusal to open a dialogue with the kidnappers.
D. the British Government refusal to withdraw the military forces from Iraq.
III. Match the linking words/phrases in column A with their corresponding parts in
column B:
A
1. According to the latest statistics,
2. Due to the hard evidence found in his
house,
3. Up to a point, the kidnappers seemed
interested in
4. As a general rule, the Government is
not supposed
5. Despite the fact that Margarets
appeals could have been her last,
6. To put it briefly,
7. I am inclined to believe that from
now on,
8. The hostage-takers didnt obtain what
they wanted, consequently,
9. It is my firm belief that hostagetaking is nothing
10. That is to say, if a citizen of a certain
nationality is kidnapped,

B
a. more measures will be taken in
convicting terrorists.
b. to open dialogues with the kidnappers of
their citizens.
c. more than 200 foreigners and thousands
of Iraqis have been kidnapped and over 40
killed since the US-led invasion in 2003.
d. there should be some hidden political
agenda related to his/her kidnapping.
e. Mustafa Salman could be taken into
police custody.
f. the British Government didnt take any
military or political action.
g. but a terrorist way of negociating
military and political issues.
h. establishing a contact with the British
Embassy.
i. Margaret was another vitctim of Iraqi
terrorism.
j. they executed the useless hostage.

IV. Choose the correct preposition:


41

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


a) at

b) to

c) on

d) into

2. The unknown foreigner carried . a bombing in the centre of Paris.


a) out

b) in

c) round

d) on

3. How should Governments deal terrorist attacks?


a) on

b) without

c) with

d) about

4. The Iraqi citizen had been suspected . many offences before.


a) about

b) in

c) with

d) of

5. Who was held responsible . the journalists death?


a) for

b) of

c) about

d) on

6. The home-made bomb may have been destined .. the recruits.


a) to

b) for

c) at

d) upon

7. The Palestinian blew himself . in a crowded bus.


a) out

b) in

c) up

d) against

8. The terrorist attack coincided .. an important religious celebration.


a) with

b) to

c) on

d) into

9. The attack, attributed . a new terrorist group, had many casulties.


a) with

b) on

c) to

d) up to

10. How can the government prevent journalists endangering their lives?
a) for

b) to

c) against

d) from

11. I am sure that this is one of the exceptions the rule.


a) of

b) to

c) from

d) with

12. The Ministry of Defence has laid .. strict procedures for this kind of situation.
42

a) on

b) down

c) up

d) out

13. Quite from this problem, can such tests predict what the future holds in store
for us?
a) aside

b) apart

c) away

d) out

14. I generally agree . you, but I strongly object .. your behaving so rudely.
a) to, to

b) with, to

b) to, at

d) with, with

15. He pleaded guilty .. manslaughter after trying to escape from police custody.
a) of

b) to

c) against

d) for

16.The lorry belonged . an ex-convict that rented land on Smiths Farm, in Northolt,
west London.
a) with

b) to

c) of

d) in

17. Both men were meant to be . surveillence at the time of the killing.
a) on

b) above

c) under

d) below

18. Another person at the scene said that children were . the hostages taken by the
gunmen.
a) between

b) among

c) within

d) inside

19. This prisoner is not .. our jurisdiction. We have to call the district authorities.
a) above

b) below

c) under

d) on

20. He draws evidence for his claim .. Court history.


a) from

b) out of

c) within

d) with

43

UNIT 7
Home confinement
Arrested and charged with possession of a controlled substance with intent to distribute,
William, a 30-year-old man with a history of substance abuse, awaits his "day in court,"
which is 3 months away.
Meanwhile, William must remain at home, except for a few select activities. During the
week, he leaves the house for his job as a welder at precisely 7 a.m. and returns home no
later than 5 p.m. He attends the 7 p.m. meeting of Narcotics Anonymous at the local
library every Thursday. He grocery shops at 2 p.m. every Saturday and goes to church
always attending the 10 a.m. service every Sunday.
William is not just on a rigid schedule, he is under home confinement. Instead of sending
him to jail, the court decided to release him to the community on the condition that he
remain at home except for certain approved activities. His presence in his home and his
absences from it are monitored electronically by an ankle bracelet he wears 24 hours a
day.
A Supervision Tool
Home confinement is a tool that helps U.S. probation and pretrial services officers
supervise, or monitor, defendants and offenders in the community. In the federal
courts, home confinement is not a sentence in and of itself but may be a condition of
either probation, parole, supervised release, or pretrial release. A person placed under
home confinement is confined to his or her residence, usually linked to an electronic
monitoring system, and required to maintain a strict daily activity schedule. When the
person is allowed to leave home, and for what reasons, is determined case by case.
Home confinement's purpose depends on the phase of the criminal justice process in
which it is used. In all cases, it is a means to restrict a person's activity and to protect the
public from any threat the person may pose. In pretrial cases, home confinement is an
alternative to detention used to ensure that defendants appear in court. In post-sentence
cases, home confinement is used as a punishment, viewed as more punitive than regular
supervision but less restrictive than imprisonment. Courts may use home confinement as
a sanction for persons who violate the conditions of their supervision. Also, the Federal
Bureau of Prisons may use it for inmates released to serve the last part of their sentence
under the supervision of U.S. probation officers.
Officers screen defendants and offenders to determine eligibility for the home
confinement program. Certain categories of serious or repeat offenders are not allowed to
participate. Prior criminal record, history of violence, and medical and mental health
44

conditions and needs are factors that officers carefully consider. Previous failures on
supervision, risk to the public that the person presents, third-party risk (such as previous
incidents of domestic violence in the household), and the person's willingness to
participate are considerations as well.
Close supervision by officers is a crucial component of the home confinement program.
The officer's job is demanding, time consuming, and sometimes dangerous. It requires
frequent phone calls to make sure participants are adhering to their approved schedules;
frequent unannounced, face-to-face visits; and 24-hour, 7-day response to alerts from the
monitoring center.
I. Make sure you understand the meaning of the legal terms in column A by
matching them with their definitions in column B:
A

1. probation

a. The release of a person who has been arrested and charged


with a federal crime while he or she awaits trial; a pretrial
services officer supervises the person in the community until he
or she returns to court.

2. parole

b. One of a number of people living together, especially in a


hospital, prison or some other institution.

3. supervised release

c. The penalty laid down in a law for contravention of its


provisions.

4. pretrial release

d. Custody or confinement, especially of a suspect awaiting trial.

5. detention

e. Instead of sending an individual to prison, the court releases


the person to the community and orders him or her to complete a
period of supervision monitored by a U.S. probation officer and
to abide by certain conditions.

6. sanction

f. A term of supervision served after a person is released from


prison; it does not replace a portion of the sentence of
imprisonment but is in addition to the time spent in prison.

7. inmate

g. The release of a prisoner before his sentence has expired, on


the condition that he is of good behaviour.

II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them:
45

1. Community Service is a special condition imposed by the court that requires an


individual to work without pay for a civic or nonprofit organization. ___
2. When a parolee is released to the community, he or she is no longer placed
under the supervision of a U.S. probation officer. ___
3. During the probation period, an individual is supervised by a probation officer.
___
4. A supervised release replaces a certain portion of the sentence of imprisonment.
___
5. In post-sentence cases, home confinement is seen as more punitive than
imprisonment. ___
6. A person who violates the conditions of his/her supervision may be sanctioned
to home confinement. ___
7. All categories of offenders are allowed to participate in the home confinement
program. ___
8. Home confinement may include the use of electronic monitoring equipment.
___
9. The only cases when a person placed under home confinement is allowed to
leave home are work and medical appointments. ___
10. The judges determine if offenders are eligible for the home confinement
program. ___
III. From the verbs in column A, derive the corresponding nouns (column B) and
adjectives (column C), using the suffixes given:
A
Verbs
1. to punish

Nouns: -ance, -ion, -ment, -al, Adjectives: -ed, -ing, -able,


-er
-ive
punishment, punisher

punished, punishable, punishing

2. to confine
3. to sentence
4. to release
46

5. to complete
6. to monitor
7. to possess
8. to select
9. to attend
10. to approve
11. to defend
12. to supervise
13. to restrict
14. to require
15. to consider
IV. Use the words given in capitals at the end of lines to form a word that fits in the
space in the same line; there is an example on the first line:
Electronic Monitoring

In most cases, U.S. probation and pretrial services officers use


electronic monitoring in supervising persons placed under home

MONITOR

confinement. The individual wears a tamper-resistant . on

TRANSMIT

the ankle or wrist 24 hours a day. The transmitter emits a radio


signal that is detected by a /dialer unit
connected to the home phone. When the transmitter comes within range

FREQUENT
RECEIVE

of the receiver/dialer unit, that unit calls a monitoring center to


indicate

47

that the person is in range, or at home. The person must stay within

CONSIDER

150 feet of the receiving unit to be in range. The


transmitter and the receiver/dialer unit work together to detect and
report the times the person enters and exits his or her home.

V. Choose the correct plural form of the following nouns to complete the sentence:
1. We need a negotiator to talk to the . .
a) hostages-takers

b) hostage-takers

c) hostags-takers

2. Many . have been issued this week.


a) search warrants

b) searches warrants

c) searchs warrants

3. The will be punished sooner or later.


a) laws-breakers

b) lows-breakers

c) law-breakers

4. The number of .. in our city has been doubled this year.


a) holds-ups

b) hold-ups

c) helds-ups

5. Two .. have been accused of perjury.


a) woman-diplomats

b) women-diplomats

c) womans-diplomats

6. My beloved ., your claims will soon be solved.


a) fellow-citizens

b) fellows-citizens

c) felows-citizens

7. My have been charged with indecent exposure.


a) sisters-in-laws

b) sister-in-law

c) sisters-in-law

8. These are the result of hard work.


a) analysis

b) analyses

c) analises

9. Which are the . used in this classification?


48

a) criterions

b) criteria

c) criterias

10. Which are the daily of a prisoner?


a) activityes

b) activitis

c) activities

VI. Combine the words from column A with words from column B to form
compound nouns and collocations:
trial

offender

criminal

lines

petit

health

first

lifting

death

matters

community

esteem

mental

ship

guide

courts

member

exempt

probation

slaughter

citizen

jury

tax

work

shop

officer

self

penalty

man

state

Example:
1. trial courts
2. ___________________
3. ___________________
49

4. ___________________
5. ___________________
6. ___________________
7. ___________________
8. ___________________
9. ___________________
10.___________________
11.___________________
12.___________________
13.___________________
14.___________________
15.___________________

50

SECOND YEAR OF STUDY


CONTENTS
UNIT 1
STUDENT FIRST AMENDMENT CASE
Hazelwood School District v. Kuhlmeier
Specialized Vocabulary
Conditional Clauses
UNIT 2
CONTEMPT OF COURT OR VIOLATION OF FREEDOM OF THE PRESS?
Branzburg v. Hayes
Specialized Vocabulary
Conditional Clauses
UNIT 3
THE ROLE OF FEDERAL COURTS IN BALANCING LIBERTIES AND SAFETY
Specialized Vocabulary
The Infinitive
UNIT 4
UNITED STATES CONSTITUTION: AMENDMENTS
Specialized Vocabulary
The Gerund
UNIT 5
DISCLOSURE OF CLASSIFIED INFORMATION
Specialized Vocabulary
The Synthetic Subjunctive
UNIT 6
HEALTH CARE FRAUD
Specialized Vocabulary
51

The Analytic Subjunctive


UNIT 7
IDENTITY THEFT
Specialized Vocabulary
Phrasal Verbs

UNIT 1
Student First Amendment Case
Hazelwood School District v. Kuhlmeier
Students enrolled in the Journalism II class at Hazelwood East High School were responsible
for writing and editing the school's paper The Spectrum. Two of the articles submitted for
publication in the final edition of the paper contained stories on divorce and teenage
pregnancy. The divorce article featured a story about a girl who blamed her father's actions
for her parents' divorce. The teenage pregnancy article featured stories in which pregnant
students at Hazelwood East shared their experiences. To ensure their privacy, the girls'
names were changed in the article. The Journalism II teacher felt that the subjects of these
two articles were inappropriate. He concluded that journalistic fairness required that the
father in the divorce article be informed of the story and be given an opportunity to
comment. He also stated his concerns that simply changing the names of the girls in the
teenage pregnancy article may not be sufficient to protect their anonymity and that this topic
may not be suitable for the younger students. As a result, he prohibited these articles from
being published in the paper. Because there was no time to edit the paper if it were to go to
press before the end of the school year, the teacher eliminated the entire pages on which
these articles were written. The student authors then brought suit to the U.S. District Court
for the Eastern District of Missouri, alleging that their First Amendment rights to freedom of
speech had been violated. The U.S. District Court concluded that they were not. The students
appealed to the U.S. Court of Appeals for the Eighth Circuit, which reversed the ruling,
stating that the students' rights had been violated. The school appealed to the U.S. Supreme
Court, which granted certiorari.
Notes:
U.S. District Courts = are the trial courts of the federal court system. Within limits set by Congress and the
Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and
criminal matters. Every day hundreds of people across the nation are selected for jury duty and help decide some of
these cases. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia
and Puerto Rico. Three territories of the United States - the Virgin Islands, Guam, and the Northern Mariana Islands have district courts that hear federal cases, including bankruptcy cases.

52

U.S. Court of Appeals = the 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a
United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as
well as appeals from decisions of federal administrative agencies.
certiorari = an order of a superior court directing that a record of proceedings in a lower court be sent up for review.

I. Make sure you understand the meaning of the words and expressions in column A by
matching them with their Romanian equivalent in column B:
1. to submit an article for publication =

a. a proteja anonimatul cuiva

2. to feature (stories) (of publications) =

b. a afirma (fr dovezi), a pretinde

3. to state ones concerns =

c. a aproba centiorari (vezi nota)

4. to protect ones anonymity =

d. (despre publicaii) a evidenia, a pune


n prim plan (povestiri)

5. to prohibit an article from being published =

e. a face un apel/recurs la o instan


superioar

6. to go to press (of an article) =

f. a nainta un articol spre publicare

7. to allege =

g. a audia apeluri/recursuri

8. to appeal to =

h. a-i exprima ngrijorarea

9. to reverse a ruling =

i. (despre un articol) a merge/a fi trimis la


tipar

10. to grant centiorari =

j. un proces verbal al procedurii judiciare

11. to hear appeals =

k. a interzice publicarea unui articol

12. a record of proceedings =

l. a anula o sentin judectoreasc

II. Become familiar with the subject matter of the above case by answering the
following questions:
1. Who are the editors of the school's paper The Spectrum?

2. Which were the subject matters of the two articles submitted for publication?
53

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

4. Who prohibited these articles from being published?

5. What reasons did the teacher have to prohibited these articles from being published?

6. What does the rule of journalistic fairness imply?

7. Why did the student authors bring suit to the U.S. District Court?

8. What is the content of the First Amendment?

9. Why did the students appeal to the U.S. Court of Appeals for the Eighth Circuit?

10. How did the U.S. Court of Appeals rule?

III. Practical task Role playing: Starting from the case presented, try to enact its
presentation in front of the Supreme Court, following the next instructions:
Role assigning: the class is divided into three groups of students: the first group
consists of justices (judectori ai Curii Supreme). One justice is designated as the
Chief Justice (preedinte de tribunal); the second group consists of lawyers (3) for
Hazelwood School District (which represents Hazelwood East High School); the
third group consists of lawyers (3) for the student authors, including Kuhlmeier.
Hazelwood School District is known as the petitioner (petiionar/solicitant), while
Kuhlmeier is known as the respondent (reclamat/prt). Other roles: a court
timekeeper (cronometror) and a marshal (mareal al curii).
54

Procedure: two lawyers from the petitioners side present the main case to the Court;
the third lawyer presents the rebuttal case (dovedirea netemeiniciei cazului/dovada
contrarie). The lawyers for both sides put forth their best legal arguments and answer
any questions that the justices may have.
Note: It is important to remember that this is a simulation of oral arguments in the
Supreme Court and not a trial. No evidence is collected and witnesses are not called.
The steps of presenting oral arguments:

The Chief Justice swears in student justices.


The Court timekeeper signals time limits to speakers.
The student marshal announces Court using the Supreme Court cry.
The Chief Justice calls the Court to order, announces the case, and asks the petitioner
to begin.
Student attorneys for petitioner argue (5 minutes).
Student attorneys for respondent argue (5 minutes).
Student attorney for petitioner-rebuttal (5 minutes).
Student attorney for respondent-rebuttal (5 minutes).
Justices deliberate in front of audience (5 minutes).
A justice in the majority announces decision(s) from the bench, each student justice
explains rationale (argumentarea) to the audience (5 minutes).

Here is a list of expressions and linking words that can be used in introducing
arguments for or against:
To make general statements: As a general rule, By and large, Generally, In general,
On the whole;
To make partially correct statements: Up to a point, To a certain extent/degree, To
some extent/degree, In a sense/way, there is some truth in this, To a limited extent;
To resort to general opinion: It is popularly believed that, People often claim that,
Some people argue that, It is widely argued that, Some people point out that, It is
often alleged that, Many experts support/oppose the view that, Contrary to popular
belief;
To counter-balance an argument: While it is true to say that , in fact ..; The fact
that contradicts the belief/idea that ..; On one hand , on the other hand;
To introduce arguments for or against: One very convincing argument/point in
favour of/against, A further common criticism of, It could be argued that,
One/another/a further /an additional advantage/disadvantage of , Another
55

positive/negative aspect of, We strongly support/oppose the view that, We


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

V. Discuss the ruling of the U.S. Supreme Court in the Hazelwood School District v.
Kuhlmeier case, answering the following useful questions:
Discussion Starters
1. What is the difference between editing and censorship?
2. Do you agree with the Supreme Court's decision?
3. The Supreme Court effectively said that the school authorities could censor The
Spectrum. Can you think of any instances in which school authorities should or should
not determine the appropriateness of subject matter?
4. Just because the Supreme Court said that school authorities may have the final word,
does this mean that they should? Besides newspapers, what other forms of expression
might school authorities control as a result of the Court's decision in this case?
5. Does the Supreme Court's decision mean that school authorities can determine what is
and is not appropriate in a school-funded paper?
6. Could the journalism teacher prevent the publication of articles criticizing the school's
administration by saying that they are inappropriate?
7. Would the ruling in this case have been different if the school newspaper were written
by members of an extracurricular club and not a journalism class?
56

VI. Translate into Romanian the conditional sentences written in italics from the chart
below; reading the note below will get you familiar with the content of the grammar
chart:
Note:
Conditional clauses consist of two parts: the subordinate clause or the if-clause and the main clause. There are three
main types of conditional clauses and various mixed types. Each type is used to express different real/unreal,
present/past conditions, using certain pairs of tenses. There are also many exceptions from each type but students
dealing with conditionals for the first time should simply concentrate on the basic rules that will be presented in the
following chart:

Types
Type I

Type II

Main clause
Future tense simple
he will receive a life sentence.

Present tense simple


If you get tired,

Imperative
take a break and then start
again.

Past tense simple/continuous

would/ could/ should/ might +


short infinitive
Unreal,
hypothetic
situation, present or future
I would try the new procedure.
oriented,
unlikely
to
happen
he could come to see me in
Court.

If I were you,
If he had more time,

If she did what her lawyer


says,
TypeIII

Meaning

If-clause
Present tense simple
If
he
is
accused
of
manslaughter,
If they find hard evidence
against him,
Present tense simple
If the defendant pleads guilty,

he will be prosecuted.

Real situation, present or


future oriented

Modal verbs
he must/should be sent to
prison.

she might have a chance to win


the trial.

Past
simple/continuous

perfect would/ could/ should/ might + Imaginary situation, past


have + past participle
oriented
(regrets,
unfulfilled plans, wishes to
If he had been innocent,
he wouldnt have hidden the change the past)
murder weapon.
If they had published the the girlsprivate lives would
article,
have been violated.
If I had known more about his I could have helped him to be
intentions,
released on bail.

57

VII. Fill in the gaps with the verbal constructions in the box to complete the following
conditional clauses:

had let
could get

will return

might have had

had announced

made

had been sentenced

would ask

fail

may walk

1. You free from this court if you promise to report to Illinois police station
every Friday for the next three months.
2. If you .. to do so, you will be given one warning.
3. If you dont meet this obligation, you to this court for a harsher sentence.
4. If you .. us on time about your illness, we wouldnt have imposed a new
prison sentence.
5. If I were in your shoes, I . my doctor to produce a medical certificate,
proving my medical condition.
6. If your previous conduct had been better, you . a chance to enjoy
your freedom.
7. If your probation officer .. us know about your state of health, we could have
helped you to receive proper medical care.
8. If you an appeal, you might have a chance to extend your probation period.
9. If your lawyer had more legal papers in your favour, you a suspended
sentence.
10. If you . to 100 hour community work, you could have served your
sentence in less than three weeks.

58

UNIT 2
Contempt of Court or Violation of Freedom of the Press?
Branzburg v. Hayes
Petitioner Branzburg, a reporter at the Courier-Letter in Louisville, Kentucky, wrote two
articles for his paper concerning drug use in Kentucky. The first article, written in 1969,
focused on drug use in Jefferson County. Among other things, it contained a photograph of
hashish held in the hands of an unidentified person. In 1971, Branzburg wrote an article on
drug use in Frankfort, Kentucky. As sources for this article, he spoke with several marijuana
users. As a condition for cooperating with Branzburg, his sources requested that they not be
identified.
59

When published, both of these articles came to the attention of law enforcement personnel.
In each instance, Branzburg was called to testify before a grand jury concerning his
knowledge of the drug activities reported in his articles. The prosecutors in charge of these
grand jury proceedings ordered him to name his sources. Branzburg refused on the grounds
that the Freedom of the Press Clause of the First Amendment protects the confidentiality of a
journalist's sources. These cases were heard by Kentucky judges, who disagreed and held
that Branzburg had to name his sources. Branzburg appealed these decisions.
The 1969 article gave rise to the case, Branzburg v. Hayes. The 1971 article gave rise to the
case Branzburg v. Meigs. After moving through the Kentucky court system, the U.S.
Supreme Court agreed to hear these two cases, which it consolidated under the name
Branzburg v. Hayes.
I. Say whether the following statements are true (T) or false (F); when the sentences are
false, correct them:
1. Branzburgs sources allowed the journalist to use their initials only. ___
2. Branzburgs sources accepted to cooperate with the journalist provided that they were not
identified. ___
3. If Branzburgs articles had not been published, he wouldnt have been summoned to
appear in Court. ___
4. Branzburg was called to Court to be investigated in the two cases of drug use. ___
5. The prosecutors ordered Branzburg to reveal the names of his sources. ___
6. Branzburg refused to name his sources on the grounds that they were important public
figures. ___
7. The journalist invoked the Sixth Amendment in order to protect the confidentiality of his
sources. ___
II. The left column presents Branzburgs argument points on the case, while the right
column contains the judges argument points on the same case. Summarize each of the
four points presented below, by making contrasting points. Here is an example:
While the journalist considers that the First Amendment entitles him to protect the
confidentiality of his sources, Judge Hayes opposes the journalists viewpoint and states
that the freedom of the press is not above the law.
Argument Points

60

Branzburg (Reporter)

Hayes (Judge Overseeing a Grand Jury)

Freedom of the Press


1. The First Amendment protects the freedom of the
press. The press cannot truly be free unless it is at
liberty to report on stories of public interest, i.e.,
the drug crisis. In order to get these stories,
reporters sometimes have to promise confidentiality
to their sources. If reporters are forced to identify
their confidential sources before a grand jury,
they will not be able to publish such stories, and
the press will not truly be free.

Freedom of the Press


1. The First Amendments freedom of the press does
not give the press freedom from all laws and
regulations. For instance, members of the press do
not have the right to break into a building to get a
story, even if the story is one of most pressing public
concern. Freedom of the press guarantees that the
press will be free from prior restraint and other
government censorship. It has nothing to do with the
assertion that a journalist may refuse to identify
confidential sources before a grand jury when
required to do so by law.

Deterrent Effect on the Press


2. At the heart of the First Amendment is the
protection of the free flow of information. Although
the government is not directly censoring the press by
requiring journalists to reveal their confidential
sources, the effect is the same. The public has a right
to know about pressing issues such as the drug crisis.
If a journalists source is engaged in illegal
activities and knows that the journalist could be
required to identify him/her, the source will be
hesitant to talk.

Deterrent Effect on the Press


2. With perhaps a few rare exemptions, i.e., troop
movements during times of war, the First
Amendment prevents the government from
interfering with whatever truthful statements the
press decides to publish. When the promise of
confidentiality is between a journalist and an
individual, this is a private, not governmental,
action. As such, the First Amendment is not
implicated.

Effective Crime Prevention


3. Effective crime prevention will not be hindered by
protecting the confidentiality of journalists sources.
Just like any other citizen, law enforcement
personnel are entitled to reap the benefits of a
journalists work. For instance, police may not have
been aware of the extent of the drug problem in this
case without Branzburgs story. If Branzburg is
forced to reveal his sources, law enforcement may
be able to apprehend a few criminals, but the
deterrent effect will likely stifle the future
publication of stories, like the one at issue in this
case, that may be beneficial to law enforcement.

Effective Crime Prevention


3. Freedom of the press is not the only right that
comes into play when members of the press are
asked to reveal their confidential sources. Often, as
in this case, prosecutors ask journalists to reveal
their sources to a grand jury in order to investigate
crime. Even assuming, for the sake of argument, that
the First Amendment protects journalists from
revealing their sources, why does this right
automatically trump the citizenrys right to have law
enforcement personnel effectively fight crime?
Sometimes freedom of the press must yield to the
citizenrys right to be free from crime.

Grand Jury Abuses


4. Since the grand jury conducts its proceedings in
secret, requiring a journalist to reveal confidential
sources is prone to prosecutorial abuse. There is no
guarantee, for instance, that the information sought
will have any bearing on a criminal investigation. A
prosecutor may simply ask for names in order to
harass certain individuals and/or to find out

Grand Jury Abuses


4. There is no evidence that prosecutors abuse their
privilege to conduct a grand jury. To the contrary,
grand juries serve as a bulwark for the citizens
against overzealous prosecutors. Without an
indictment from a grand jury, prosecutors cannot
bring charges against an individual. In the rare cases
where prosecutors do act inappropriately, the Courts
61

information that could subject others to public


ridicule.

provide suitable remedies.

III. Translate into Romanian the four conditional clauses in bold, selected from the left
column above.
IV. Translate into English:
1. Libertatea presei nu poate asigura protejarea identitii surselor jurnalitilor.
2. n conformitate cu legea, dac un jurnalist este adus n faa Curii, el va trebui s depun
mrturie n legtur cu cazurile despre care deine informaii neoficial.
3. Este datoria presei s semnaleze Curii acele cazuri suspecte care ar face obiectul
jurisdiciei sale?
4. Dac un jurnalist alege s fie fidel sursei sale, aceasta nseamn neaprat c jurnalistul
respectiv comite o nclcare a legii?
5. Se face Branzburg vinovat de sfidare a curii prin faptul c a refuzat s dezvluie
identitatea surselor sale?
6. Dac procurorii ar nclca legea i ar comite abuzuri, i ei ar fi pedepsii n mod
corespunztor de instane superioare de judecat.
7. Dac ar fi s alegei ntre protejarea libertii presei i oferirea de informaii necesare
pentru rezolvarea unui caz anchetat, pentru ce ai opta i de ce?
V. Put the verbs in brackets into the correct tense, paying attention to the grammar
rules used in conditional clauses; sometimes more versions can be accepted:
1. He .. (be release) to the community if he accepts the home confinement
program.
2. If the mayor .. (approve) the community service program for our town, we
. (have) an opportunity to change negative perceptions about offenders.
3. He wouldnt have appeared before the clerk of the court if he (not
be summoned).
4. If an individual (meet) the legal qualifications for federal jury service, he/she
may stand a chance to be a member of a jury.
5. If the jury had attentively listened to the evidence and arguments of the respondents
lawyer, they (vote) in his favour.
62

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


divorce proceedings.
7. If his wife had invoked irreconcilable differences as the grounds of their divorce, she
. (get) to keep the house.
8. Even if the spouses mutually (want) to get a divorce, the law ..
(prohibit) lawyers from representing both spouses.
9. If you have friends or relatives in your local area who have been divorced, they ..
(refer) you to a lawyer appropriate for your situation.
10. If I (be) accused of medical malpractice, I (fight) for my
rights.
VI. Choose the correct versions, paying attention to the use of verbal tenses,
conditionals and modal verbs in conditional clauses:
1. If participants . any problems with the monitoring equipment, they must
notify officers immediately.
a) will experience

b) experience

c) experiences

d) would experience

2. If the defendant has a prior criminal record, his sentence harsher.


a) will be

b) is

c) would be

d) should be

3. A grand jury decides if there a probable cause to indict (accuse) individuals or


corporations on criminal charges based upon the evidence presented.
a) will be

b) has been

c) is

d) would be

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


the right to challenge the legality of the confinement.
a) believe, will have
believed, will have

b) will believe, may have

c) believes, may have

d)

has

5. If the writ of habeas corpus .. , the prisoner will be brought into court.
a) will be issued

b) is issued

c) had been issued

d) were issued

6. If, after hearing both sides, the court that the grounds for the confinement are
illegal, the petitioner .
63

a) finds, is released
b) will find, is released
d) found, will be released

c) has found, had been released

7. If I had known what an open-ended question is, I .. my last exam.


a) will pass

b) would pass

c) will have passed

d) would have passed

8. If you were such a good lawyer, your arguments .. in the present


situation.
a) will hold up

b) would hold up

c) would held up

d) would had held up

9. If you .. the devils advocate and . some exceptions to the


lawyersargument, we could have won our last case.
a) have played, (have) found b) play, find
found
d) had played, (had) found

c) would have played, (would have)

10. If you .. journalists covering the Supreme Court, what would you write in a
murder case article?
a) are

b) were

c) had been

d) have been

11. If the defendant were found guilty, the jury the appropriate sentence, a
life term or death.
a) will then determine
b) would then determine
d) would then have determined

c) might then determine

12. If the sentence of death for rape .. the Eighth Amendment, the rapist may receive
a life sentence.
a) violates

b) is violated

c) will violate

d) has violated

13. Judges the authority to hold journalists in contempt of court, if reporters ..


to comply with an order to reveal the identity of unnamed sources.
a) had, refused

b) have, refuse

c) have, would refuse

d) have, will have refused

14. If the grand jury its proceedings in secret, requiring a journalist to reveal
confidential sources would have been considered prosecutorial abuse.
a) had conducted
conducted

b) has conducted

c) conducted

d)

would

have

64

15. If a journalists source is engaged in illegal activities and that the journalist could
be required to identify him/her, the source .. hesitant to talk.
a) knew, would be
will be

b) knows, will be

c) is known, will be

d) will know,

16. If reporters . to identify their confidential sources before a grand jury, the
press will not truly be free.
a) will be forced

b) must be forced

c) are forced

d) can be forced

17. Unless you . things out, we shall have to go to court.


a) dont work

b) work

c) will work

d) wont work

18. If the pedestrian .. by a policeman, the former should have made a


complaint to the nearest police station.
a) has be assaulted

b) is assaulted

c) will be assaulted

d) were assaulted

19. If the journalists story criminal activity, he would have reported it.
a) has involved

b) involves

c) had involved

d) will involve

20. If a prosecutor .. a grand jury investigation in bad faith, journalists


might have a right to refuse to reveal their sources.
a) were conducting
conducting

b) is conducting

c) had been conducting d)

will

be

UNIT 3
The Role of Federal Courts in Balancing Liberties and Safety
During times of uncertainty and national crisis, often there is a conflict between liberties and
safety. Sometimes liberties must yield to safety. Other times, safety must yield to liberties.
The goal of the law is to find the appropriate balance between liberty and safety.
65

One of the most important means for ensuring this balance, as well as one of the most
important means of protecting individual liberty in general, is the writ of habeas corpus. A
writ of habeas corpus allows persons who believe that they have been wrongfully
imprisoned to challenge the legality of their confinement. To do so, a person must petition a
court to issue the writ. If the writ is issued, the court directs the person who is holding the
petitioner in confinement (usually a jailor) to bring the prisoner into court and to explain the
grounds for the petitioner's detention. If, after hearing both sides, the court finds that the
grounds for the confinement are illegal, the petitioner is released.
The writ of habeas corpus came about as a result of the English Habeas Corpus Act of 1679,
31 Car. 2, c. 2. By the time of the American Revolution, the writ was cherished to such an
extent by American colonists that it was the only British judicial writ (legal command) to be
specifically mentioned in the U.S. Constitution (Article I, Section 9). Due to its role in
protecting liberty, the writ of habeas corpus is known as the Great Writ.
Although they hailed it as the Great Writ, the framers of the Constitution also realized that
there may be times when its application is inappropriate, for example, during times of
national crisis. In pertinent part, Article I, Section 9, of the Constitution deals with this
situation by saying, "The privilege of the Writ of Habeas Corpus shall not be suspended
unless when in Cases of Rebellion or Invasion the public Safety may require it."
Despite the fact that on rare occasions throughout United States history this writ has been
suspended (most notably by President Lincoln during the Civil War), it has served its
purpose and, even during times of war and national crisis, provided a means for those who
felt that they were unjustly imprisoned to challenge the legality of their confinements. For
example, in Ex Parte Milligan (1866), Lamdin Milligan, a civilian, used the writ to
successfully challenge the legality of his confinement following a conviction by a military
tribunal during the Civil War. Likewise, in Ex Parte Endo (1944), Mitsuye Endo
successfully used the writ to challenge the internment of persons of Japanese ancestry during
World War II.
In the cases mentioned above, the courts have had the difficult task of weighing the rights of
individuals with the right of the state to protect itself during times of national emergency.
Whether the issue is unjust imprisonment, restrictions on free speech, or the loss of property
rights, it was the role of the courts to try to arrive at a conclusion that balanced both liberties
and safety.

Note: Habeas Corpus = a writ ordering a person to be brought before a court or judge, esp. so that the court may
ascertain whether his detention is lawful

I. Extract from the text above the English equivalents for the following Romanian
words and expressions:
66

a fi bgat la nchisoare pe nedrept = ________________________________


a contesta legalitatea = _________________________________
a nainta o petiie ctre Curte = ___________________________
a emite o hotrre/ordonan judectoreasc = _______________________
a-i atinge scopul = __________________________
a cntri/evalua = _____________
a ceda (n faa/n favoarea) = ______________
limitarea libertii de expresie = ________________________________
pierderea drepturilor de proprietate = _______________________________
II. Match the Latin legal terms in column A with their English explanatory definitions
in column B:
1. (writ) capias (mandat de a. do not leave the country interdiction addressed to
aducere)
a debtor that is being prosecuted;
2. (writ) Habeas Corpus

b. 'because of lack of care': decision wrongly made by


a court (which does not therefore set a precedent);

3. (writ) certiorari

c. 'after the event';

4. quid pro quo

d. a writ directing a sheriff or other officer to arrest a


named person;

5. ne exeat regno

e. 'reason of the law': the principle behind a law;

6. nolle prosequi

f. 'in fact': as a matter of fact;

7. per incuriam

g. 'on its own' or 'alone';

8.
per
(per pro)

procurationem h. a writ ordering a person to be brought before a


court or judge, esp. so that the court may ascertain
whether his detention is lawful;

9. de facto

i. 'one thing for another': action done in return for


something done or promised;
67

10. ex post facto

j. with the authority of /on behalf of;

11. locus standi

k. an order of a superior court directing that a record


of proceedings in a lower court be sent up for review.

12. ratio legis

l. 'do not pursue': power used by the Attorney-General


to stop a criminal trial;

13. per se

m. 'place to stand': right to be heard in a court;

III. Use the Latin legal terms in exercise II. in your own sentences, as in the following
examples:
He didnt lie to you. He is the de facto owner of the property.
The taxpayer does not have locus standi in this court.
The secretary signed per pro the manager.
IV. Re-read the text The Role of Federal Courts in Balancing Liberties and Safety. Then
check your reading comprehension by choosing the right version:
1. The writ of habeas corpus is:
a) a writ ordering a person to be release from prison immediately.
b) a writ ordering a person to be placed under house arrest.
c) a writ ordering a person to be brought before a court or judge, to see whether his detention
is lawful.
2. The application of the Great Writ:
a) has never been suspended throughout United States history.
b) has been suspended during times of war (the Civil War) and national crisis.
c) has been suspended whenever the newly elected president of the United States so decided.
3. In Ex Parte Milligan (1866), Lamdin Milligan used the writ:
a) to successfully challenge the legality of his death penalty.
b) to successfully challenge the legality of his confinement.
68

c) to set a precedent for similar cases in lower courts.


4. The writ of habeas corpus was first mentioned in:
a) the Declaration of Independence.
b) the English Habeas Corpus Act of 1679.
c) the U.S. Constitution.
Remember the forms of the Infinitive:
short infinitive: discuss, work
long/present infinitive: to discuss, to work
present continuous infinitive: to be discussing, to be working
perfect infinitive: to have discussed, to have worked
perfect infinitive continuous: to have been discussing, to have been working
passive infinitive forms: (to) be discussed, (to) have been discussed
V. Choose the correct versions, using the forms of the Infinitive:
1. You had better .................... your crimes right now, when you still have a chance.
a) to confess

b) confessing

c) confess

d) confessed

2. I would rather .......... the rest of my life in jail than confess to a crime I did not commit.
a) spend

b) to spend

c) spending

d) spent

3. He made me .............. all my charges, threatening me with a gun.


a) to drop

b) drop

c) dropping

d) to have dropped

4. He let me .............. which option was the best for my difficult situation.
a) decide

b) deciding

c) to decide

d) being to decide

5. Lets ............. a short coffee break and will decide afterwards.


a) taking

b) to take

c) took

d) take

6. Why not ................. your case later, when we have further information.
a) to discuss

b) shall we discuss

c) discuss

d) discussing
69

7. He is far too unexperienced ..... to chief justice.


a) to being promoted

b) to be promoted

c) to has been promoted

d) being promoted
8. The police are said . for many months on this case, without any
results so far.
a) to be working

b) to have been working

c) to had worked

d) to being working
9. Apparently criminals tend .. to the scene of the crime.
a) to have returned

b) returning

c) to be returned

d) to return

10. The Court is thought .. unjustly. him to 10 years in prison,


without any possibility of parole.
a) to . sentence

b) to have sentenced

c) to having sentenced

d) to being sentenced
11. Several measures need before hearing he witnesses.
a) be taken

b) being taken

c) to be taken

d) to have been taken

12. He recommended us .. an appeal as soon as the verdict is pronounced.


a) to make

b) making

c) to have made

d) make

13. We are sure that he didnt mean .. perjury; he was too afraid .. the
truth.
a) committing, to tell b) to commit, to tell

c) to have committed, telling

d) commit, to be telling
14. They made him .. under duress, without allowing his lawyer .. present
during the cross-examination.
a) to speak, to be

b) speaking, being

c) to be speaking, to be

d) speak, to be
70

15. I hate you but our witness seems it after all.


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

71

UNIT 4
United States Constitution: Amendments
Amendments to the Constitution of the United States of America
Articles in addition to, and amendment of, the Constitution of the United States of America,
proposed by Congress, and ratified by the several states, pursuant to the Fifth Article of the
original Constitution
Amendment IV [Annotations]
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Amendment V [Annotations]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be taken for
public use, without just compensation.
Amendment VI [Annotations]
72

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence.
Amendment VIII [Annotations]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX [Annotations]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
I. Find in the text above the synonymous words and expressions for the followings:
1. to approve officially = _____________________
2. personal belongings = _____________________
3. notorious, shocking = _____________________
4. showing a document = ____________________
5. to determine definitely = __________________
6. obligatory = _____________________
7. to cause to suffer/afflict (with) = ____________
8. act of bringing someone to court to answer a charge = ________________
9. list of charges given to a grand jury, asking them to indict the accused = _________
10. taking possession of smth = ______________
11. to interpret the meaning of words or of a document = ________________
12. to speak contemptuously of/to damage the reputation of = _____________
II. Make sure you understand the content of the amendments above by choosing the
correct answer:
73

1. Amendment IV prohibits:
a) the security of peoples lives, houses, papers and effects;
b) any unauthorized searches and seizures without a valid warrant, legally issued for a
specific purpose;
c) peoples rights to offer resistance to having their houses serched without a valid warrant.
2. Amendment V stipulates that:
a) no person shall be held responsible for a crime without the right to speak in front of the
Grand Jury;
b) no person shall be forced to answer for a crime in front of the Grand Jury;
c) no person shall be kept in custody without an indictment of a Grand Jury.
3. Amendment VI deals with:
a) the criminals rights during the criminal proceedings;
b) the witnessesright to decide whether to appear or not in a criminal trial;
c) the publics right to witness the process of prosecuting a criminal.
4. Amendment VIII advocates that:
a) the arrested persons should be released on bail, receive a minimum fine and have no
punishment inflicted on them;
b) the arrested persons should be denied the right to be released on bail, be fined heavily and
punished accordingly;
c) not all arrested persons should be granted bail and that neither fines nor punishments
should be used excessively.
5. Amendment IX says that:
a) the rights stipulated in the Constitution can be interpreted and applied as everyone
pleases;
b) the rights stipulated in the Constitution shall not be misconstrued so as to undermine
others that people hold dear;

74

c) the rights stipulated in the Constitution can always be amended in accordance with the old
ones that people treasure.
III. Unscramble the following two sets of words to recreate the text of two
amendments:
citizens previous of States
servitude. States
shall not

to vote

by any State

be denied
The right

race,

or

condition of
on account of
the United

by the United
or abridged

or

color,

Amendment XV.
The right of ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
the President

shall become

the removal

of

the Vice President

of his death

or resignation,

In case of

from office

President. or

Amendment XXV - Section 1


In case of _____________________________________________________________
______________________________________________________________________
Remember the forms of Gerunds:
present gerund: killing, being killed (passive form)
perfect gerund: having killed, having been killed (passive form)
and that Gerunds are used after: prepositions, verbs + prepositions, and certain categories
of verbs and expressions that require the use of Gerunds, such as: detest, dislike, enjoy, hate,
like, love, prefer, resent, begin, stop, finish, start, admit, appreciate, avoid, consider, deny,
endure, fancy, forgive, imagine, involve, keep, mention, mind, practice, prevent, recollect,
report, risk, suggest, and expressions: its no use/good, its (not) worth, theres no point (in),
feel like, cant stand/bear, cant help, be/get used to, be/get accustomed to, have difficulty
(in), in favour of, look forward to, etc.
IV. Practise the use of Gerunds after the following verbs and expressions to say what
we generally like or dislike doing:
75

Example:
I really like . .
I really like spending time with my family and my friends.
He detests
He detests being held responsible for something he did not do.
Its no good
Its no good trying to be friendly with everybody.
1. My boss really detests .
2. She does enjoy .
3. I cant tell you how much I hate.. (passive
gerund).
4. Everybody loves .
5. I definitely prefer .. to ..
(prefer + gerund + TO + gerund = prefer doing smth to doing smth else)
6. My teacher resents
7. Its no use .
8. I am sure that its not worth .
9. If you think this is worth , then ..
10. Theres no point in .
11. Old people cant stand
12. Though I hate saying this, I am used to .
13. Finally, I have got used to
14. I have to admit, I am not accustomed to .
15. Sometimes, students have difficulty in .
16. I cant tell you how much I look forward to
V. Practise the use of Perfect Gerund to refer to past actions:
Example:
He was accused of having trafficked arms.
He strongly denied having pointed a gun at her.
1. The man was charged with .. .
2. The President has never been suspected of
3. She admits ..
4. We really appreciate your ..
5. I remember
6. He will never forgive my ..
7. Do you recall
8. They hold him responsible for .
9. You should be ashamed of yourself for ..
10. In spite of , the prisoner
76

VI. Choose the correct form of Infinitive or Gerund:


1. Everybody hates ..................... the law expenses.
a) to pay

b) paying

c) to be paid

d) to be paying

2. I look forward to ...................you in Court! We shall settle things then.


a) seeing

b) see

c) have seen

d) saw

3. Find me a good lawyer! I dont want to risk .................. the rest of my life in jail.
a) spending

b) to spend

c) having spended

d) spend

4. I advised him ..................... to the court and accuse him of conspiracy crimes.
a) to go

b) going

c) to going

d) to have gone

5. Shall we proceed? Its no use .................... for the witness!


a) to wait

b) having to wait

c) waiting

d) wait

6. Im sorry Your Honour, but I can t help ................... when I speak about my son.
a) crying

b) not to cry

c) not crying

d) cry

7. They arrived home ........................ that the house had been burgled.
a) finding

b) having found

c) to find

d) to have found

8. Despite ........................ jailed for drug crimes 5 years ago, he has just been taken into
custody for the same count.
a) to have been

b) having been

c) to being

d) having to be

9. British Airways regret ........................... that the flight BA541 from Paris has been
cancelled.
a) announcing

b) having announced

c) to announce

d) announce

10. He couldnt help ...................... that the defendant showed no remorse.


a) not to notice

b) not having noticed

c) noticing

d) notice

11. I dont intend .................... according to the wishes of this jury.


a) to act

b) acting

c) to have acted

d) act

12. I suggest ...................... upon the case after a short break.


a) to deliberate

b) deliberating

c) to be deliberating

d) deliberate

13. The judge admitted ..................... bribe from one of his clients months before the trial.
77

a) to take

b) to be taking

c) having taken

d) having took

14. He finds it hard .......................... the corrupt system of justice in this third world
country.
a) enduring

b) to endure

c) having endured

d) for him to endure

15. He has been charged with .................... and taken into custody.
a) tresapass

b) trespassing

c) tresspassing

d) to trespass

16. It surprises me ................. that he has been accused of money laundering.


a) hearing

b) to have heard

c) to hear

d) being heard

17. Would you mind .................... up when the verdict is pronounced?


a) to stand

b) stand

c) being stand

d) standing

18. I strongly object to ................... treated like a hardened criminal!


a) be

b) is

c) being

d) been

19. We keep . the law-makers that new laws should be instituted against
public corruption.
a) telling

b) to be telling

c) being told

d) having tell

20. All foreigners complain that they are not used to .. on the left.
a) drive

b) have to drive

c) driving

d) having driven

78

UNIT 5
Disclosure of Classified Information
One of the only ways that the general public learns about the activities of its government is
through the leaking of classified information to the press. The news about the NSA's
eavesdropping programs and the CIA's alleged "black sites" was leaked to the press,
which put the leaker at risk of being prosecuted for grave national security violations.
The federal government takes these leaks seriously and has vowed to prosecute any
person who has disclosed or has possessed classified information.
Receiving or obtaining classified information is covered by section 793. In order to
convict an individual for the unlawful possession of classified information, the
government must prove beyond a reasonable doubt that:
the defendant possessed certain enumerated information, which he knows has been
obtained contrary to law;
the defendant received it from any person or any source;
the information related to the national defense and
the information was received for the purpose of obtaining information respecting the
national defense with intent or reason to believe that the information is to be used to
the injury of the United States, or to the advantage of any foreign nation.
79

The punishment for a violation of section 793 is a fine, imprisonment for up to 10 years, or
both.
Section 798 covers disclosure of classified information. To convict a person for disclosing
classified information, the government must prove beyond a reasonable doubt that:
the defendant provided classified information to another person;
that person was not authorized to receive the classified information;
the classified information concerns the nature, preparation, or use of any code, cipher,
or cryptographic system of the United States or any foreign government; or concerns
the design, construction, use, maintenance, or repair of any device, apparatus, or
appliance used or prepared or planned for use by the United States or any foreign
government for cryptographic or communication intelligence purposes; or concerning
the communication intelligence activities of the United States or any foreign
government; or is obtained by the processes of communication intelligence from the
communications of any foreign government, knowing the same to have been obtained
by such processes;
and the defendant knows that the information is to be used to the prejudice of the
United States, or for the benefit of any foreign government to the detriment of the
United States
The punishment for a violation of section 798 is a fine, imprisonment for up to 10 years, or
both.
I. Check whether you are familiar with the new vocabulary, by choosing the right
version:
1. In the sentence The news about the NSA's eavesdropping programs, to eavesdrop means:
a) to let ones ears drop;
b) to listen secretly to the private conversation of others;
c) to whisper secrets to someones ear.
2. In the sentence The federal government has vowed to prosecute, to vow means:
a) to pledge, promise, or undertake solemnly;
b) to pronounce a vowel;
c) to take a solemn oath.
80

3. In the sentence The government must prove beyond a reasonable doubt that, beyond any
reasonable doubt means:
a) giving someone the benefit of the doubt;
b) beyond any suspicion of guilt;
c) almost certain proof needed to convict a person in a criminal case.
4. In the phrase obtaining information respecting the national defense, respecting means:
a) regarding, concerning;
b) obeying, not violating;
c) showing or having respect for.
5. In the sentence To convict a person for disclosing classified information, to disclose
information means:
a) to make information known;
b) to receive money in exchange of information;
c) to look for more information.
II. Answer the following questions using information from the text above or appealing
to your own information:
1. How can the general public learn about the activities of its government?
________________________________________________________________________
2. What reasons could a leaker have to disclose classified information?
________________________________________________________________________
3. Which risks does the leaker take by disclosing classified information?
________________________________________________________________________
4. What measures can the federal government take to prevent leakers from disclosing
information?
________________________________________________________________________
81

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


________________________________________________________________________
6. In what situations can the disclosure of classified information affect the national security
of a country?
________________________________________________________________________
7. What can the intelligence bureau do to reduce the disclosure of classified information?
________________________________________________________________________
8. Give some examples of how a leaker can use the diclosed information for the benefit of a
foreign government.
________________________________________________________________________
III. Translate the following fragment into Romanian:
To convict a person for disclosing classified information, the government must prove
beyond a reasonable doubt that: the classified information concerns the nature, preparation,
or use of any code, cipher, or cryptographic system of the United States or any foreign
government; or concerns the design, construction, use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or planned for use by the United States or any
foreign government for cryptographic or communication intelligence purposes.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Remember the use of Were Subjunctive (unreal past)
IV. Practise the use of were subjunctive/unreal past (verb + -ed/ the 2nd form of
irregular verbs) after the verbs in italics to express unreal/improbable situations in the
present:
Examples:
I wish I .. (be) a first offender so that I could receive a lenient sentence.
I wish I were a first offender so that I could receive a lenient sentence.
82

Suppose they .. (offer) to reduce your prison sentence, would you co-operate?
Suppose they offered to reduce your prison sentence, would you co-operate?
Id rather she .. (spend) the rest of her life in jail than sell drugs for a living.
Id rather she spent the rest of her life in jail than sell drugs for a living.
1. I wish they . (not find) him guilty of obstruction of justice.
2. If only they .. (do) something to reduce the increasing number of identity thefts.
3. Suppose another Attorney General . (be appointed) to work with us, would
it make any difference?
4. He puts on such a superior air as if he . (do) everybody a huge favour by coming
to Court.
5. Id rather they (keep) him behind bars for another year.
6. If I . (be) in your place, I would deny any involvement in the murder case.
7. Its time you . (decide) how you want to spend the rest of your life.
8. She wishes her lawyer (find) more time to review her deposition.
9. If only the jury (find) him not guilty!
10. Imagine you .. (be kidnapped) and (ask) to reveal the sources of
your information!
11. If the commission (vote) against the motion, a new delegation would have to be
sent to London next week.
12. You treat me as if I . (be) your slave!
13. Id sooner the Congress . (criminalize) the use of a false identity in
committing a felony.
14. We all wish that those who attempt to commit such crimes ....... (be punished)
accordingly.
15. If only we . (know) what to do when witnessing different crimes!
Remember the use of Perfect Subjunctive
V. Practise the use of Perfect Subjunctive (had + past participle) to refer to imaginary,
unreal or improbable situations in the past:
Examples:
I wish you (adopt) a more mature attitude during crisis situations.
I wish you had adopted a more mature attitude during crisis situations.
Id rather they .. (vote) the fifth Amendment to the Constitution many centuries
ago.
Id rather they had voted the fifth Amendment to the Constitution many centuries ago.
1. The European Union wishes France .. (vote) the E.U. Constitution.
2. Professors from the Romanian Academy wish the new legislation against Intellectual
Property Crimes .. (implement) by the European Commission.
3. Id rather the jury .. (prove) beyond any reasonable doubt that the defendant of
guilty of tax evasion.
83

4. If the plaintiff . (submit) all his claims on time, the court would have
discussed them in full session.
5. If only the Secretary of State .. (certify) the ratification of the new
amendment before last September!
6. The voters behave as if their rights .. (violate) in the last election.
7. Suppose the Congress .. (be) in session that month!
8. The hostage wishes his kidnappers (consider) and (approve)
his claims.
9. Suppose the kids family (offer) to pay a substantial ransom, would you
have considered it?
10. If the authorities . (not have) second thoughts about reopening the serial
killer case, the results would have been different.
VI. Choose either were subjunctive or perfect subjunctive forms to express present or
past unreal situations:
1. Id rather you to your parents that I am an ex-convict.
a) dont mention
b) didnt mention
c) havent mention
d) wont
mention
2. If only you . me earlier about your previous conviction!
a) inform
b) had informed
c) informed
d) informing
3. Even if they . willing to testify against him, the sentence would have
remained the same.
a) were
b) are
c) having been
d) had been
4. Its time they with a solution against international extradition.
a) came up
b) had come
c) will come up
d) should come up
5. He was so anxious to leave the court room as if he .. convicted to a life-time
in jail.
a) has been
b) had been
c) were
d) having been
6. I wish the police all the witnesses under the witness protection program;
now its too late for this!
a) placed

b) had placed

c) should place

d) to place

7. Suppose you of espionage, what would you do to defend yourself?


a) are accused
b) should be accused
c) were accused d) are being
accused
84

8. Its high time somebody .. him of bankruptcy fraud crimes!


a) suspected
b) had suspected
c) should suspect
d) suspect
9. If only they .. more resources to taking care of their clients!
a) investing
b) have been investing
c) should invest d) were
investing
10. If we . more about the verdict, we would be ready to have a press release.
a) might know
b) know
c) will know
d) knew
11. Imagine your first witness not to testify in the last minute, what would you
do next?
a) decide
b) decided
c) has decided
d) having decided
12. I wish you . to terms to the world you are living in!
a) come
b) are coming
c) came

d) have come

13. If only they on what grounds he had been arrested!


a) have mentioned
b) mention
c) will mention
d) had mentioned
14. Theyd sooner she a way to deal with her present situation on her own.
a) found
b) finds
c) founded
d) has found
15. Suppose the court . you to testify against your friend, what would you
do?
a) summons
b) summoned
c) will summon
d) should summoned
VII. Translate all the sentences from exercises IV, V and VI into Romanian.
VIII. Create your own sentences using the were subjunctive and perfect subjunctive
forms after the verbal constructions in italics.

85

UNIT 6
Health Care Fraud
Health care fraud is a serious crime which is investigated by the FBI's Financial Crimes
Section [hereinafter FCS]. The mission of the FCS, in the FBI's words, "is to oversee the
investigation of financial fraud and to facilitate the forfeiture of assets from those engaging
in federal crimes." The FCS is divided into four sections, one of which is the Health Care
Fraud Unit [hereinafter HCFU]. The HCFU oversees investigations that target individuals
and organizations who defraud the public and private health care systems. Among the
activities that are investigated by the HCFU are:
billing for service not rendered
billing for a higher reimbursable service than performed (also known as "upcoding")
performing unnecessary services
kickbacks
unbundling of tests and services to generate higher fees
durable medical equipment fraud
pharmaceutical drug diversion
outpatient surgery fraud, and
internet pharmacy sales.
The HCFU estimates that fraudulent billings to health care programs comprise between 3 to
10 percent of total health care expenditures. Furthermore, the HCFU has noticed that the
most significant trend in recent health care fraud cases is "the willingness of medical
professionals to risk patient harm in their schemes. Current fraud schemes consist of
traditional schemes that involve fraudulent billing, but also incorporate unnecessary
surgeries, diluted cancer drugs, and fraudulent lab tests." In exchange for kickbacks, some
86

patients will willingly undergo "unnecessary and unwarranted medical procedures to


generate fraudulent claims and profits."
A person charged with a health care fraud can be punished by

a fine, imprisonment for not more than 10 years, or both.

If the violation results in serious bodily injury that person can be punished by

a fine, imprisonment for not more than 20 years, or both.

If the violation results in death, that person can be punished by

a fine, imprisonment for any term of years or for life, or both.

Note: Long compound text reference words are specific to formal, legal style; for those who are nor familiar with
these terms, here is a short list of examples, with their definition and Romanian translation:

hereinafter

= stated later in this document

= menionat n continuare (ntr-un


document)

herein

= in this document

= aici, n acest document

hereby

= in this way or by this letter

= prin aceasta, n felul acesta

hereunder

= under this heading or below = mai jos


this phrase

henceforth

= from this time on

= de acum nainte, n viitor

notwithstanding

= in spite of

= dei, cu toate acestea

I. Match the new words and expressions in column A with their Romanian equivalents in
column B:
A

1. health care fraud

a. a defrauda/nela/escroca

2. to oversee the investigation

b. a executa separat teste/servicii n vederea taxrii


unor tarife mai mari

3. the forfeiture of assets

c. serviciu rambursabil
87

4. to defraud

d. taxri frauduloase

5. billing for service not rendered

e. fraud n cadrul sistemului medical

6. reimbursable service

f. a fi supus unor proceduri medicale nejustificate

7. kickback

g. lezare corporal grav

8. to unbundle tests/services
generate higher fees

to h. a supraveghea/controla investigaia

9. outpatient surgery fraud

i. mit/bani dai contra unui serviciu

10. fraudulent billings

j. confiscarea bunurilor

11. to undergo unwarranted medical k. fraudarea serviciilor operatorii pentru pacienii


procedures
externi
12. serious bodily injury

l. taxarea unor servicii neprestate

II. Match the four definitions below with their corresponding words in the box, to
distinguish between different forms of bribes:
bribe

boodle

kickback

hush-money

1. _________ = illegal commission paid to someone (especially a government official) who


helps in a business deal;
2. _________ = to promise, offer, or give something, usually money, to a person to procure
services or gain influence, esp. illegally;
3. _________ = money given to a person, such as an accomplice, to ensure that something is
kept secret;
4. _________ = (slang) money or valuables, esp. when stolen, counterfeit, or used as a
bribe.
III. Provide the nouns derived from the following verbs:
verbs

nouns

1. to investigate

1. investigation
88

2. to forfeit

2.

3. to facilitate

3.

4. to engage

4.

5. to estimate

5.

6. to involve

6.

7. to incorporate

7.

8. to punish

8.

9. to injure

9.

10. to render

10.

IV. Answer the following questions, after re-reading the text:


1.

Who investigates health care frauds?

___________________________________________________________________
2.

What do FCS and HCFU stand for?

___________________________________________________________________
3.

What is the mission of the FCS?

___________________________________________________________________
4.

What is the mission of the HCFU?

___________________________________________________________________
5.

Which types of health care frauds affect patients the most?

___________________________________________________________________
6.

Why do some patients willingly undergo unwarranted medical procedures?

___________________________________________________________________
7.

What is the punishment for a person charged with a health care fraud?
89

__________________________________________________________________
8.

What is the punishment for a health care fraud when the patient is seriously
injured?

__________________________________________________________________
9.

What is the punishment for a health care fraud when the patient dies?

__________________________________________________________________
10.
frauds?

What reasons do medical professionals have to risk patient harm in committing

__________________________________________________________________
V. Translate the following fragment into Romanian:
Current fraud schemes consist of traditional schemes that involve fraudulent billing, but also
incorporate unnecessary surgeries, diluted cancer drugs, and fraudulent lab tests." In
exchange for kickbacks, some patients will willingly undergo "unnecessary and unwarranted
medical procedures to generate fraudulent claims and profits."
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Remember the use of should + infinitive as an Analytic Subjunctive after:
verbs of command and control: advise, agree, arrange, ask, beg, claim, command,
decide, demand, determine, insist, order, propose, recommend, require, request, rule,
stipulate, suggest, urge, etc.
it is/was + adjective + that: it is/was absurd, advisable, amazing, better, compulsory,
desirable, essential, imperative, important, ludicrous, natural, necessary,
recommendable, ridiculous, strange, surprising, etc.
so that, in order that, lest, in case, for fear that, in Purpose Clauses.
VI. Put the verbs in brackets into the correct should Analytic Subjunctive form:
Example:
The judge ruled that the jury should withdraw to deliberate upon the verdict.
It was absurd that he should have been arrested for such an insignificant act.
He began to be worried lest they should have accused him of mortgage fraud crimes.
90

1. Tax inspectors recommended that new rules against tax evasion ..


(introduce).
2. The judge ordered that the court (adjourn) for lunch.
3. The PM demanded that the spokesman . (withdraw) his offending
remark.
4. The police officer decided that the pimp .. (call) his lawyer the minute
he was arrested.
5. The magistrate directed that the man . (release) immediately.
6. The police gave instructions that the pedestrians . (not approach) the
crime scene.
7. The police issued a warning in order that the public . (not come) in contact
with any red-haired, suspicious looking woman.
8. He keeps his precious coin collection in a safe deposit lest his house
(burgle).
9. The protesters urged that the defendant . (be released) on bail.
10. I suggested that they .. (take) legal advice long ago.
11. Its incredible that he (go) away with murder after so much effort
had been invested in finding hard evidence!
12. Its ridiculous that you (miss) the only testimony that was worth
hearing.
13. Its essential that you . (read) the contract before signing it.
14. It was important that he .. (inform) himself on the case, before
agreeing to represent his client.
15. Its unbelievable that he . (share) the same cell with another prisoner
and (not say) a word to him ever.
Remember the Synthetic Subjunctive Be Subjunctive
Be-Subjunctive is competing with Analytic Subjunctive in the contexts presented before
exercise VI. The only difference is that Be-Subjunctive is preserved in legalistic style,
official announcements, parliamentary style and is more frequently used in American
English, while the Analytic Subjunctive is preferred in British English.
Example:
The judge ruled that the jury withdraw to deliberate upon the verdict.
It was absurd that he be arrested for such an insignificant act.
He began to be worried lest they accuse him of mortgage fraud crimes.
VII. Translate the following sentences into Romanian:
Note: The sentences below include more values of Be-Subjunctive that have become obsolete; in most of the cases,
Be-Subjunctive has been replaced by the modal verb shall that is used in formulating articles, points of law and legal
documents; there are also some examples of May/Might Subjunctives.

91

1. The police demand that the information be withheld until further evidence.
2. The buyers insisted that the program provide more functions.
3. They put in an application form so that she be accepted at the University of Colorado.
4. It is decided that he take part in the following under-cover mission.
5. It is vital that the Member State in question intervene in the proceedings before the
Court of First Instance.
6. It is required that the Court of Justice rule on such applications.
7. It is stipulated that an appeal to the Court of Justice be limited to points of law.
8. So be it; no punishment shall be inflicted upon him!
9. Be that as it may, we shall go on with our plan.
10. Be he who he may think, he has no place here!
11. Suffice it to say that justice has been done, and everybody will bless your name.
12. God save the Court of Justice!
13. Long live the President of the Court of Justice!
14. Justice be hanged! I shall make my own justice!
15. Damn the judges! They are not Gods instruments on earth!
16. Far be it from me to testify against you!
17. May you win this case and many to follow!
18. However much he may charge, he does a great job!
19. However hard I may try, I dont seem to get to the bottom of it!
20. They were afraid that the results might discourage him.
VIII. Choose the correct forms of Analytic Subjunctive and Synthetic Subjunctive:
1. It is vital that the defendant . the benefit of the doubt.
a) be given
b) can be given
c) should be give
d) is given
2. The judge insisted that the verdict before the Court adjourns for lunch.
a) should be pronounced
b) being pronounced
c) be pronouncing
d) will be pronounced
3. Under no circumstances will I disclose the name of my sources! Heaven . !
a) forbids
b) forbid
c) forbade
d) will forbid
4. it to say that she is terribly sorry for what she did.
a) Sufficient
b) Suffice
c) Suffices
d) Sufficed
5. . what may, I shall not drop the charges against him!
a) Comes
b) Coming
c) Come
d) To come
6. It was out of the ordinary that the judge .. the lawyers representing
the plaintiff and respectively the respondent to argue their cases in parallel.
a) should ask
b) has asked
c) should have asked
d) to have asked
92

7. The members of the commission expressed a desire that the participants .


in an hour.
a) reconvened
b) to reconvene c) might reconvene
d) should reconvene
8. The suggestion is that we .matters more seriously.
a) took
b) taking
c) should take
d) would take
9. I didnt dare tell the truth lest I . arrested for conspiracy crimes.
a) should be
b) were
c) am
d) will be
10. It is demanded that the Council . common rules applicable to international
transport.
a) laid down
b) lay down
c) should laid down
d) lays down
11.Wherever you . , I shall protect you against your enemies!
a) goes
b) may go
c) will go
d) are going
12.However difficult this problem , I will solve it in a minute!
a) shall be
b) will be
c) may be
d) be
13.. you make the best of you life!
a) Should
b) Shall
c) Might

d) May

14.They were worried lest she a prison sentence.


a) receives
b) should receive
c) may receive

d) received

15. Far ... it from me to make allegations before having some proofs.
a) away is
b) is
c) should be
d) be

UNIT 7
Identity Theft
93

Identity theft is one of the fastest growing crimes in the world. The news has been filled with
stories about how personal data have been compromised from certain personal information
aggregators. The ITADA [Identity Theft and Assumption Deterrence Act of 1998] amended
the fraud chapter of title 18 of the United States Code to create a new crime prohibiting the
unlawful use of personal identifying information, including, but not limited to, names, social
security numbers, and credit card numbers. Identity fraud involves the misappropriation of
another person's personal identifying information. Criminals use this information to establish
credit in their name, run up debts on another person's account, or take over existing financial
accounts. The ITADA directed the Sentencing Commission to "review and amend the
Federal sentencing guidelines and the policy statements of the Commission, as appropriate,
to provide an appropriate penalty for each offense under section 1028 of title 18.
One of the most common method of stealing identities is through the theft of credit card
numbers or Personal Identification Numbers [hereinafter PINs]. This method is covered by
18 U.S.C. 1029, which uses the unfortunate terminology of "access devices."
The Crime
It is a crime to do any of the following ten offenses listed in section 1029(a):

knowingly, and with intent to defraud, produce, use, or traffic in one or more
counterfeit access devices;
knowingly, and with intent to defraud, traffic in or use one or more unauthorized
access devises during any one-year period, and, by doing so, obtain anything of value
aggregating $ 1,000 or more during that period;
knowingly, and with intent to defraud, possess fifteen or more devices which are
counterfeit or unauthorized access devices;
knowingly, and with intent to defraud, produce, traffic in, have control or custody of,
or possess device-making equipment;
knowingly, and with intent to defraud, effect transactions, with 1 or more access
devices issued to another person or persons, to receive payment or any other thing of
value during any 1-year period the aggregate value of which is equal to or greater than
$ 1,000;
without the authorization of the issuer of the access device, knowingly, and with intent
to defraud, solicit a person for the purpose of either: offering an access device, or
selling information regarding or an application to obtain an access device;
knowingly, and with intent to defraud, use, produce, traffic in, have control or custody
of, or possess a telecommunications instrument that has been modified or altered to
obtain unauthorized use of telecommunications services;
knowingly and with intent to defraud use, produce, traffic in, have control or custody
of, or possess a scanning receiver;
94

knowingly use, produce, traffic in, have control or custody of, or possess hardware or
software, knowing it has been configured to insert or modify telecommunication
identifying information associated with or contained in a telecommunications
instrument so that such instrument may be used to obtain telecommunications service
without authorization; or
without the authorization of the credit card system member or its agent, knowingly,
and with intent to defraud, cause or arrange for another person to present to the
member or its agent, for payment, 1 or more evidences or records of transactions
made by an access device.

I. Check the meaning of the following words and expressions by choosing the right
version:
1. In the sentence The ITADA amended the fraud chapter of title 18 of the United States
Code , to amend means:
a) to alter or revise (legislation, a constitution, etc.) by formal procedure;
b) to make someone pay a certain amount of money exacted as a penalty;
c) to judge (something) with disapproval; censure.
2. In the sentence Identity fraud involves the misappropriation of another person's personal
identifying information, to misappropriate means:
a) to have as one's property/to own;
b) to appropriate for a wrong or dishonest use/to embezzle or steal smth;
c) to give (a person) wrong directions or instructions.
3. In the sentence Criminals use this information to run up debts on another person's
account, to run up debts means:
a) to get rid of ones debts by running;
b) to pay back ones debts;
c) to amass/accumulate or incur debts.
4. In the sentence Criminals use this information to take over existing financial accounts.,
to take over means:
a) to cancel the validity of/ abolish;
95

b) to assume the control or management of;


c) to examine/ investigate smth for accuracy.
5. In the phrase to provide an appropriate penalty for each offense, penalty means:
a) a handicap awarded against a player or team for illegal play, such as a free shot at goal by
the opposing team, loss of points, etc;
b) loss, suffering, or other unfortunate result of one's own action, error;
c) a legal or official punishment, such as a term of imprisonment.
II. Provide the Romanian equivalent for the following phrases:
identity theft = ___________________
social security numbers = ____________________
credit card numbers = _______________________
financial accounts = ________________________
Personal Identification Numbers = __________________
counterfeit documents = __________________________
telecommunications services = _____________________
scanning receiver = ______________________________
records of transactions = __________________________
III. Answer the following questions, using your own words to express personal opinion:
1.Which are the main reasons that determine criminals to commit identity theft crimes?
In my opinion/view, I think that ____________________________________________
______________________________________________________________________
2. Which are the weak points of the social security system that make identity theft

crimes possible?
I am inclined to believe that _______________________________________________
96

______________________________________________________________________
3. Name some of the criminal methods used when committing identity theft crimes.

To my mind, ___________________________________________________________
______________________________________________________________________
4. Which criteria have been used in distinguishing the 10 particular offences enumerated

in the text?
It seems to me that ______________________________________________________
______________________________________________________________________
5. What could be done and in which areas to reduce the increasing number of identity

theft crimes?
To my way of thinking, ___________________________________________________
_______________________________________________________________________
IV. Translate the following fragment into Romanian:
Identity fraud involves the misappropriation of another person's personal identifying
information. Criminals use this information to establish credit in their name, run up debts
on another person's account, or take over existing financial accounts. The ITADA
directed the Sentencing Commission to "review and amend the Federal sentencing
guidelines and the policy statements of the Commission, as appropriate, to provide an
appropriate penalty for each offense under section 1028 of title 18.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Remember Phrasal verbs
Phrasal verbs are idiomatic phrases consisting of verbs plus adverbial particles or verbs
plus prepositions.
Different from other free combinations or prepositional verbs, where the meaning can be
predicted from the meaning of verb and particle in isolation, a phrasal verb has its own
meaning, distinct from that of separate words.
97

Therefore, a phrasal verb must be learnt as a whole unit with a particular meaning, and
not approximated by the meanings of its components.
Examples:
She tried to take in her friends.
to deceive [not to bring in]
I think you should cut down your traveling expenses.
reduce
We arranged to meet in front of the cinema but she didn`t turn up.
come
V. Rewrite the following sentences, using the phrasal verbs in the box to replace the
verbs in italics and making any necessary changes in word order:
keep in with

cut down on

do away with

book up

cut somebody off

check in

break away

think over

let somebody down

hold on

come up with

wear out

put something down to

call off

break off

1. There are still many countries which have not decided to abolish the death penalty.
There are still many countries which have not decided to do away with the death penalty.
2. I can`t possibly reduce his daily allowance. He would attribute this to my decision to hire
more staff.
________________________________________________________________________
3. I can always count on him. He has never dissapointed me.
________________________________________________________________________
4. After several unsuccessful attempts to escape from prison, the prisoner decided to wait till
he was to be moved to another prison.
_______________________________________________________________________
5. How did you find that brilliant idea?
98

_______________________________________________________________________
6. Please reflect upon this and let me know.
_______________________________________________________________________
7. Have you managed to make a table reservation for dinner?
_______________________________________________________________________
Yes, this is the first thing I did after I registered myself at the hotel.
_______________________________________________________________________
8. I remained in good terms with my relatives, though they tried to disinherit me.
_______________________________________________________________________
9. The negotiations with the Japanese company have been suspended, consequently, all the
meetings with the Japanese clients had to be cancelled.
______________________________________________________________________
10. Children sometimes exhaust their parents, especially when asking questions all the time.
______________________________________________________________________
VI. Replace the phrasal verbs in italics with an appropriate verb or verbal
construction; the first one has been done as an example:
1.

I have neither the time nor the courage to go into/to investigate this controversial

case.
2.

Who will stand in for/___________ Jane while she is away?

3.

Who do you think I ran into/_________ yesterday?

4.

I have a job now, so I no longer live on/___________ my parents.

5.

The novel which I have been working on for such a long time will eventually come

out__________ next month.


6.

His coming into/___________ a big fortune turned out/__________ to be a blessing in

disguise.
7.

I won`t give your secrets away/__________ provided that you are through

with/__________ that man once and for ever.


8.

He will never come up to/__________ her expectations.


99

9.

Go ahead! I`ll catch up/__________ with you in no time.

10.

He has gone through/___________ a lot lately; but with some effort you will get

over/_________ it.
VII. Choose the right version to form phrasal verbs that fit in the context; check the list
of the main phrasal verbs selected in the alphabetical order of the adverbial particle
present at the end of the book before making your choice:
1. I dont know how you can put . .. such an unbearable situation.
a) by with
b) up of
c) up with
2. The good sales brought . an increase in the employees salaries.
a) in
b) around
c) about
3. I guess the printer has either run .. paper or has broken .
a) away with, down
b) out of, down
c) off with, off
4. Several companies have decided to lay . employees and call .. all investment
projects.
a) off, off
b) out, off
c) up, down
5. You have to learn how to .. if you are suffering from high stress levels.
a) draw back
b) wind down
c) hold up
6. My lawyer can bear . the truth of my story with substantial evidence.
a) in
b) away
c) out
7. I called at the restaurant, but all the tables were . up.
a) cleaned
b) booked
c) reserved
8. We tried to bring the unconscious woman .. but without any success.
a) round
b) up
c) over
9. Despite all difficulty, he finally managed to carry the orders he had been given.
a) about
b) off
c) out
10. His joke caught . right away and the public was very excited.
a) on
b) through
c) out
11.The disastrous economic situation of our country . . urgent measures.
a) brings about
b) lays down
c) calls for
100

12. If nobody comes . a solution soon, we shall go bankrupt.


a) up with
b) in with
c) out with
13. If you don`t know my phone number, you could look it . in the phone directory.
a) into
b)on
c) up
14. Our travel agency will be taken . by a German company.
a) in
b) out
c) over
15. Now it would be a good time to bring the matter of child support in Romania.
a) in
b) up
c) out
16. I have a very urgent message. Could you put me . to Mr. Leigh, please?
a) through

b) off

c) up

17. He put his failure in Court bad luck.


a) up to

b) down to

c) back to

18. I must admit it was hard for me not to give .. to his threats.
a) away
b) out
c) in
19. We cant rule.. this argument for the final hearing.
a) out
b) off
c) down
20. Our plan to call the witness for the defence fell . due to a miscarriage of
justice.
a) about
b) away
c) through
21. You are wearing me with your annoying questions!
a) in
b) out
c) over
22. Everybody considered that the judge had a reason to let him .. like that.
a) off
b) on
c) away
23. Why dont you put your claim to be granted the right to a fair trial?
a) in
b) out
c) forward
24. Your Honour, I can stand the defendant! I demand to be heard!
a) in for
b) up for
c) down to
25. Your skillful lawyer will talk him testifying before the jury.
a) into
b) about
c) against
101

KEY TO EXERCISES
FIRST YEAR OF STUDY
UNIT 1
I. 1. i-q; 2. k-v; 3. f-m; 4. h-s; 5. a-x; 6. l-n; 7. d-p; 8. b-u; 9. j-o; 10. e-r; 11. g-t; 12. c-w
II. 1. evidence; 2. verdict; 3. appeal; 4. law; 5. crime; 6. trial; 7. law, law; 8. evidence; 9.
verdict, appeal; 10. trial, law; 11. evidence; 12. trial, law.
IV. 1. c; 2. d; 3. a; 4. b; 5. c; 6. c; 7. a; 8.c; 9. c; 10. a; 11. c; 12. c; 13. b; 14. c; 15. c.
VI. 1. c; 2.a; 3. c; 4. b; 5. d; 6. a; 7. d; 8. a; 9. b; 10. c.
VII. 1. g; 2. j; 3. i; 4. f; 5. a; 6. c; 7. e; 8. d; 9. b; 10. h.
VIII. 1. k; 2. d; 3. f; 4. g; 5. a; 6. h; 7. b; 8. i; 9. j; 10. e; 11. c.
IX. 1. am seeing; 2. are you thinking, dont you talk; 3. has decided; 4. have you accepted; 5.
came, asked, told, didnt seem; 6. was waiting, realized, was watching, decided; 7. has been
presiding, is retiring; 8. didnt make, had found; 9. had been working, found out, had been
married; 10. arrive, will have landed; 11. graduated, have reconsidered, have decided; 12.
had already addressed, was summoned.
UNIT 2
I. 1. T; 2. T; 3. F; 4. F; 5. T; 6. F; 7. F; 8. F; 9. T; 10. T.
II. 1. f; 2. e; 3. h; 4. j; 5. a; 6. m; 7. b; 8. n; 9. l; 10. g; 11. o; 12. c; 13. d; 14. i; 15. k.
III. 1. c; 2. a; 3. c; 4. a; 5. b.
IV. 1. c; 2. i; 3. e; 4. j; 5. g; 6. h; 7. f; 8. a; 9. d; 10. b.
VII. 1. b; 2. a; 3. c; 4. d; 5. c; 6. a; 7. b; 8. b; 9. d; 10. d.
VIII. 1. c; 2. d; 3. b; 4. b; 5. a; 6. b; 7. c; 8. a; 9. c; 10. d; 11. b; 12. b; 13. a; 14. b; 15. c.
UNIT 3
I. 1. Court of Justice; 2. governments of the member states; 3. Each member state; 4. the
largest states, the smaller member states; 5. rotation system; 6. bare majority; 7. judges and
advocates-general; 8. EEC Treaty; 9. four chambers, two chambers; 10. annually.
IV. 1. j; 2. e, h; 3. f, i; 4. a; 5. b, g; 6. d; 7. c.
V. 1. run for; 2. summoned; 3. appointed; 4. convened; 5. elected; 6. sitting; 7. stand for; 8.
heard; 9. dissolve; 10. dismissed.
VI. 1. d; 2. a; 3. a; 4. c; 5. c; 6. d; 7. b; 8. d; 9. b; 10. c.
VII. 1. b; 2. c; 3. b; 4. b; 5. b; 6. c; 7. a; 8. a; 9. b; 10. c; 11. c; 12. c; 13. a; 14. b; 15. c.
UNIT 4
I. 1. d; 2. g; 3. i; 4. k; 5. h; 6. l; 7. j; 8. b; 9. f; 10. c; 11. e; 12. a.
IV. breach of trust; breach of the peace; breach of confidence; infringement of copy-right;
infringement of patents.
V. 1. b; 2. c; 3. a; 4. b; 5. c; 6. d; 7. d; 8. c; 9. c; 10. a; 11. b; 12. b; 13. c; 14. a; 15. b.
VI. 1. b; 2. d; 3. a; 4. b; 5. c; 6. a; 7. c; 8. b; 9. c; 10. a.
102

VII. 1. possibility; 2. inability; 3. necessity; 4. impossibility; 5. logical assumption


(affirmative); 6. criticism; 7. requests; 8. advice; 9. offers; 10. suggestions; 11. permission;
12. remote possibility; 13. obligation; 14. logical assumption (negative); 15. past ability; 16.
absence of obligation; 17. prohibition.
UNIT 5
II. 1. F; 2. T; 3. F; 4. T; 5. T; 6. F; 7. F; 8. T; 9. F; 10. F; 11. F; 12. T; 13. T; 14. F; 15. F.
V. 1. has been decide; 2. will be illustrated; 3. is caught; 4. was judged; 5. is prohibited; 6.
has been considered; 7. had already been discussed; 8. were still being heard; 9. are now
being escorted; 10. to have been reported; 11. will be issued; 12. would have been allocated.
VII. 1. b; 2. c; 3. a; 4. c; 5. b; 6. c; 7. b; 8. c; 9. b; 10. c.
UNIT 6
I. 1. C; 2. E; 3. A; 4. F; 5. H; 6. B; 7. G; 8. D.
II. 1. C; 2. A; 3. B; 4. B; 5. B.
III. 1. c; 2. e; 3. h; 4. b; 5. f; 6. i; 7. a; 8. j; 9. g; 10. d.
IV. 1. b; 2. a; 3. c; 4. d; 5. a; 6. b; 7. c; 8. a; 9. c; 10. d; 11. b; 12. b; 13. b; 14. b; 15. a; 16. b;
17. c; 18. b; 19. c; 20. a.
UNIT 7
I. 1. e; 2. g; 3. f; 4. a; 5. d; 6. c; 7. b.
II. 1. T; 2. F; 3. T; 4. F; 5. F; 6. T; 7. F; 8. T; 9. T; 10. F.
IV. transmitter, frequency, receiver, considered.
V. 1. b; 2. a; 3. c; 4. b; 5. b; 6. a; 7. c; 8. b; 9. b; 10. c.
VI. criminal matters; petit jury; first offender; death penalty; community work; mental
health; guidelines; member state; probation officer; citizenship; tax exempt; shoplifting; selfesteem; manslaughter.

103

SECOND YEAR OF STUDY


UNIT 1
I. 1. f; 2. d; 3. h; 4. a; 5. k; 6. i; 7. b; 8. e; 9. l; 10. c; 11. g; 12. j.
VII. 1. may walk; 2. fail; 3. will return; 4. had announced; 5. would ask; 6. might have had;
7. had let; 8. made; 9. could get; 10. had been sentenced.
UNIT 2
I. 1. F; 2. T; 3. T; 4. F; 5. T; 6. F; 7. F.
V. 1. will be released; 2. approves/approved/had approved, will have/would have/would
have had; 3. hadnt been summoned; 4. meets; 5. would have voted; 6. decides; 7. would
have got; 8. want, prohibits; 9. may refer; 10. am/were/had been, will fight/would
fight/would have fought.
VI. 1. b; 2. a; 3. c; 4. c; 5. b; 6. a; 7. d; 8. b; 9. d; 10. b; 11. b; 12. a; 13. b; 14. a; 15. b; 16. c;
17. b; 18. a; 19. c; 20. a.
UNIT 3
II. 1. d; 2. h; 3. k; 4. i; 5. a; 6. l; 7. b; 8. j; 9. f; 10. c; 11. m; 12. e; 13. g.
IV. 1. c; 2. b; 3. b; 4. b.
V. 1. c; 2. a; 3. b; 4. a; 5. d; 6. c; 7. b; 8. b; 9. d; 10. b; 11. c; 12. a; 13. b; 14. d; 15. a.
VI. 1. to have granted; 2. to share/to be sharing; 3. to confess; 4. to have forgotten; 5. to be
signed; 6. to be going; 7. serve; 8. enjoy; 9. to be; 10. to accept; 11. wait; 12. start; 13. to
work/to be working; 14. live/be living; 15. to keep; 16. to be treated.
UNIT 4
I. 1. to ratify; 2. personal effects; 3. infamous; 4. presentment; 5. to ascertain; 6. compulsory;
7. to inflict; 8. prosecution; 9. indictment; 10. seizure; 11. construe; 12. disparage.
II. 1. b; 2. c; 3. a; 4. c; 5. b.
III. Amendment XV. The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of race, color, or previous
condition of servitude.
Amendment XXV. In case of the removal of the President from office or of his death or
resignation, the Vice President shall become President.
VI. 1. b; 2. a; 3. a; 4. a; 5. c; 6. a; 7. c; 8. b; 9. c; 10. c; 11. a; 12. b; 13. c; 14. b; 15. b; 16. c;
17. d; 18. c; 19. a; 20. c.
UNIT 5
I. 1. b; 2. a; 3. c; 4. a; 5. a.
104

IV. 1. didnt find; 2. did; 3. were appointed; 4. did; 5. kept; 6. were; 7. decided; 8. found; 9.
found; 10. were kidnapped, asked; 11. voted; 12. were; 13. criminalized; 14. were punished;
15. knew.
V. 1. had voted; 2. had been implemented; 3. had proved; 4. had submitted; 5. had certified;
6. had been violated; 7. had been; 8. had considered, (had) approved; 9. had offered; 10.
hadnt had.
VI. 1. b; 2. b; 3. d; 4. a; 5. b; 6. b; 7. c; 8. a; 9. d; 10. d; 11. b; 12. c; 13. d; 14. a; 15. b.
UNIT 6
I. 1. e; 2. h; 3. j; 4. a; 5. l; 6. c; 7. i; 8. b; 9. k; 10. d; 11. f; 12. g.
II. 1. kickback; 2. bribe; 3. hush-money; 4. boodle.
VI. 1. should be introduced; 2. should adjourn; 3. should withdraw; 4. should have called; 5.
should be released; 6. shouldnt approach; 7. shouldnt come; 8. should be burgled; 9. should
be released; 10. should have taken; 11. should have gone; 12. should have missed; 13.
should read; 14. should have informed; 15. should have shared, shouldnt have said.
VIII. 1. a; 2. a; 3. b; 4. b; 5. c; 6. c; 7. d; 8. c; 9. a; 10. b; 11. b; 12. c; 13. d; 14. b; 15. d.
UNIT 7
I. 1. a; 2. b; 3. c; 4. b; 5. c.
V. 2. cut down on, put this down to; 3. let me down; 4. to break away, to hold on; 5. come up
with; 6. think this over; 7. to book up, checked in; 8. kept in with, cut me off; 9. have broken
off, called off; 10. wear out.
VI. 2. replace; 3. met unexpectedly; 4. depend on my parents for financial support; 5. be
published; 6. inheriting, proved; 7. disclose, end the relationship with; 8. raise to; 9. reach
you; 10. has suffered, overcome.
VII. 1. c; 2. c; 3. b; 4. a; 5. b; 6. c; 7. b; 8. a; 9. c; 10. a; 11. c; 12. a; 13. c; 14. c; 15. b; 16. a;
17. b; 18. c; 19. a; 20. c; 21. b; 22. a; 23. c; 24. b; 25. a.

105

APPENDIX A PHRASAL VERBS


Here are some of the main phrasal verbs with their equivalent, listed in the alphabetical order
of the adverbial particle:
ABOUT
bring about = to cause
come about = to happen
fall about = to laugh in an uncontolled manner
feel about = to find (one`s way) or perceive sth by touching
fuss about = to be worried or excited, esp over small things
get about = to circulate, spread (about news, rumours etc)
hang about = to waste time, loiter
see about = to make inquires or arrangements
set about = to begin
throw about = to scatter sth everywhere
AFTER
look after = to take care of
run after = to pursue
take after = to resemble (one`s parents, relatives)
AT
call at = to visit briefly
catch at sth = to try to seize sth
drive at = to imply
fly at sb = to rush to attack sb
get at sb = to criticize sb repeatedly; influence sb illegally
go at sb = to attack sb
ACROSS
come / fall/ run across = to find sth or meet sb by chance
get (sth) across (to sb) = to (cause sth to) be communicated or understood
put oneself/ sth across (to sb) = to communicate or convey (one`s ideas,
personality) to sb
AWAY
106

break away = to escape from captivity


clear (sth) away = to remove (objects) in order to leave a clear space
die away = to become so faint or weak that is no longer noticeable
do away with sth = to get rid of sth, abolish sth
get away with = to escape punishment
give sth/sb away = to reveal or betray sth/sb; give sth free of charge
run away with = to steal sth and carry it away
take away = to remove
turn away = to refuse admittance to sb
wear (sth) away = to become thin, damaged, weak by constant use
BACK
answer (sb) back = to speak rudely (to sb) , esp when being criticized
cut (sth) back or cut back on sth = to reduce sth considerably
fall back (on sb) = to retreat, turn back; to go to sb for help when in
difficulty
hold sth/sb back = to prevent the development/advance of sth/sb, to delay
look back = to think about one`s past
take back = to withdraw a statement or comment
DOWN
break down = to collapse, cease to function; lose control of feelings
cut down on = to reduce (consumption)
get (sb) down = to make sb depressed or demoralized
get down to sth = to begin to do sth, give serious attention to sth
let sb down = to disappoint sb, fail to help sb
look down on sb = to despise sb
note down = to write from speech
put (sth) down to (sth) = to consider that sth is caused by sth; charge an
item to a particular account
run (sb/sth) down = to criticize; to gradually stop functioning; hit and
knock sth/sb to the ground
turn (sth/sb) down = to reject or refuse to consider; reduce heat, noise etc
IN, INTO
break in = to enter a building by force; interrupt (a conversation)
bring in = to introduce (legislation) ; arrest sb; pronounce a verdict
107

come in = to become fashionable


come into = to inherit
check in = to register as a guest at a hotel
drop in = to visit unexpectadly
eat into sth = to consume a part of sth; distroy, corrode sth
fall in with = to agree to
fit in = to mix well with others
give in = to yield, cease to resist
go into = to investigate
go in for = to participate, take part in
keep in with sb = to continue to be friendly with sb
let sb in for = to cause sb to get into trouble
put in = to make an official request
run into = to meet by chance; collide with
stand in for = to replace temporarily
take in = to deceive; to understand; to make clothes smaller
talk sb into = to convince sb to do sth
turn in = to go to bed; to report to the authorities
turn into = to convert
OFF
break off = to end sth suddenly
bring off = to succeed in sth difficult
call off = to cancel
come off = to succeed; take place, happen as arranged
cut (sb) off = to disconnect; stop the supply of sth to sb; disinherit sb;
isolate
drop off /fall off = to decrease
get off = to send
get off with = to nearly escape punishment
give off = to send out or emit sth
go off = to explode
let sb off = not to punish severily
put off = to postpone
put sb off (sth) = distract sb, disturb sb who is doing sth
see sb off = to accompany a traveller to a railway station, airport etc
show off = to try to impress others by all means
take off = remove (clothing) ; leave the ground (of aeroplanes) ; imitate
sb in a comic way
turn off = to switch off
wear off = to disappear gradually (the effect of sth)
108

ON
carry on (with) = to continue
catch on = to become popular
get on = to make progress
go on with = to continue sth esp after a pause
hold on = to wait
keep on = to continue doing sth
live on sb/sth = to depend on sb/sth for financial support
look on = to watch sth without taking part in it
move on to = to change the subject
take on = to undertake work; employ staff; accept as an opponent
try on = to try the fit (of clothes)
turn on = switch on; attack sb suddenly
work on = to be occupied with
OUT
back out of = to withdraw from
bear out = to support the truth of
bring out/ come out = to publish
carry out = to fulfil or perform sth
check out = to pay one`s bill and leave the hotel
fall out with sb = to quarell with sb
give out = to come to an end; to announce; to distribute
look out = be careful; watch out
make out = to understand sth; claim to be; complete sth
put out = to extinguish
rule out = exclude, eliminate
run out of = to exhaust the supply of sth
see out = to accompany sb to an exit
turn out = to prove to be; produce
wear out = become useless or exhausted through use (clothes) ; cause sb
to become exhausted, tire sb out
work out = to find a solution by resoning; turn out successfully
OVER
blow over = to cease or finish; be forgotten
come over = (of a feeling) affect sb; change from one side, opinion to
another
get over = to recover from; overcome or master sth;
109

get sth over (with) = to communicate sth to sb; complete sth unpleasant
but necessary
make over = to transfer the ownership of sth
pass over (to) = to hand (to sb)
see over = to inspect by making a tour of
take over = to assume the control or management of
think over = to reflect upon sth before making a decision
turn (sth) over = to turn a page; to fall on one side; do business worth (the
specified amount) ; (of a shop) sell out and replace its stock
THROUGH
be through with = to put an end to (a friendship, practice)
break through = to make a discovery; come out from behind cover
carry through = to complete sth in spite of difficulties
fall through = to fail to take place
get through = to make contact with sb,esp by telephone; (with) sth =
finish or complete (a job, task)
go through = to suffer; to examine sth closely and systematically
let sb through = to allow sb to pass an exam or a test
run through = to rehearse or practice; exhaust (money) by wasteful
spending
see through sb/sth = not to be deceived by sb/sth; not abandon sth until it
is finished; help or support sb esp in difficult times
UP
be up to = to be required as a duty or obligation from sb; be left to sb to
decide
book up = to make a reservation for
break up = to put an end to (a relationship) ; dissolve or disperse; lose
control of emotions
bring up = to care for and train (a child) ; raise a subject for discussion;
vomit
catch up = to reach sb who is ahead; be absorbed or involved in
come up to = to equal or meet a standard
come up with = to produce or find (an idea)
draw up = to come to a stop (of vehicles)
give up = to stop doing sth; to surrender; admit one`s defeat or inability to
110

do sth; to reveal or disclose information


hold up = to rob (a bank, vehicle) ; delay,hinder; survive or last
keep up with = stay at an equal level with
look up = to search for sth (a word) in a reference
look up to = to respect
make up = to invent a story; end a quarrel; compensate for sth; put
cosmetics on sb`s face
live up to = to reach the standard that may be expected
put up with = to tolerate
set up = to start a business; make (an apparatus) ready for use; establish (a
record)
stand up for sb/sth = speak /work etc in favour of sb/sth, support sb/sth;
take up = to begin a hobby, sport, study, language etc; shorten a garmet;
occupy or fill (space or time)
work up = to arose the feelings of, excite; cause to grow or develop;
advance in business

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APPENDIX B
ENGLISH-ROMANIAN GLOSSARY OF LEGAL TERMS
affray

tulburare a ordinii publice

amnesty

amnistie

appeal

apel, recurs

armed robbery

jaf armat

arsonist, arson

incendiator, incendiere premeditat

assault and battery

molestare i ultraj

Attorney General

Procuror general

bail, to bail smb.

cauiune, a elibera pe cauiune

barrister

avocat pledant, de obicei n instanele


superioare

beyond reasonable doubt

n afar de orice ndoial just

boodle

per, mit

breach (of)

infraciune/ violare/ nclcare (a unei


convenii)

bribery

mituire/ luare de mit

capital punishment

pedeaps capital

case law

precedent juridic, jurispruden


112

civil law

drept civil

common law

drept comun, cutumier

community work/service

munc n interesul comunitii

contempt of court

sfidarea curii

conviction

condamnare

coroner

medic legist i reprezentant al parchetului,


anchetnd cazuri de deces violent

counsel

consilier juridic

counsel ex officio (to assist a poor person) avocat din oficiu


count

cap de acuzare

county court

instan judectoreasc civil competent


n cercetarea micilor debite

Court martial

Curte marial

Court of appeal

Curte de apel

crime

delict, infraciune, crim

criminal jurisdiction

jurisdicie penal

crime rate

rata criminalitii

criminal record

cazier judiciar

cross-examination

contra-interogatoriu

Crown Court

Curte de justiie criminal (n Anglia)

death penalty

pedeapsa cu moartea

decree law

decret cu putere de lege

defence attorney (US)

avocat
113

defendant

inculpat/prt

delinquent

delincvent

deterrent

pedeaps folosit ca mijloc de intimidare


pentru a mpiedica pe cineva s mai
comit infraciuni

dock

banca acuzailor

duress

privare de libertate

electoral law

lege electoral

embezzler

delapidator

extenuating circumstances/mitigating

circumstane atenuante

circumstances
extortion/blackmail

jecmnire, antajare

felony

infraciune grav/act criminal

fine

amend

firebug

piroman

first offender

delicvent aflat la prima infraciune

forensic evidence

expertiz medico-legal

forensic medicine

medicin judiciar

Grand Jury

nalta Curte cu Jurai (SUA)

grand larceny

furt peste o anumit valoare

hard evidence

probe materiale

hardened criminal/recidivist

criminal nrit/recidivist

hearing

audiere
114

home confinement

arest/deteniune la domiciliu

hush-money

mit/cumprare a tcerii cuiva care s nu


denune

identity theft

furt de identitate

incriminating evidence

probe incrimatorii

indictment
infringement of

incriminare, punere sub acuzare


infraciune, violare, abuz, nclcare,
reproducere ilicit

Inns of Court

cldiri londoneze aparinnd la patru


societi juridice

International Court of Justice

Curtea Internaional de Justiie

involuntary manslaughter

omor prin impruden

judge

judector

judgement in civil matters

sentin civil

judgement in criminal case

sentin penal

judgement by default

sentin dat n lips

jurisconsult

jurisconsult

jurisprudence

jurispruden, tiina dreptului

juror

jurat

jury

juriu

jury box

banca juriului

jury duty

obligaia de a face parte din componena


curii cu jurai
115

jury-panel

lista jurailor

kickback

mit/bani dai contra unui serviciu

larceny

furt

law-breaker

contravenient

law court/court of law

instan de judecat, tribunal

law expenses

cheltuieli de judecat

law giver/maker

legiuitor

law term

termen juridic

law-abiding (citizen)

(cetean) care respect legea

lawsuit

process civil

legal adviser

consilier juridic

legal aid

asisten judiciar

legal proceedings

urmrire judiciar

libel

calomnie (n scris)

life sentence

condamnare pe via

magistrate

magistrat

manslaughter

omor prin pruden

martial law

lege marial

miscarriage of justice

eroare judiciar

misdemeanor

infraciune, delict

mugging/assault

agresiune, atac

murder attempt/attempted murder

tentativ de crim

offence

delict/infraciune
116

offender

delincvent/infractor

on parole

eliberat din nchisoare pe cuvnt de


onoare/pentru o conduit ireproabil

on probation

pus n libertate sub supraveghere

outlaw

proscris

penalty

pedeaps, amend

perjury

sperjur/mrturie fals

petitioner

petiionar/solicitant

Petit Jury

Curte cu jurai ce cerceteaz anumite


infraciuni (SUA)

petty crime

infraciune minor

petty larceny

furt de lucruri mrunte

pickpocket

ho de buzunare

plaintiff

reclamant (civil)

plea

pledoarie n aprare

poacher

braconier

post-mortem

autopsie

previous convictions

condamnri anterioare

probation

eliberare condiionat

probation officer

ofier de poliie nsrcinat cu


supravegherea unei persoane eliberate
condiionat

prosecution

acuzarea, procuratura
117

prosecutor/district attorney

procuror

pursuant to

conform cu/potrivit cu

rationale

argumentare/explicare raional

rebuttal

dovad contrarie

recovery of judgement

ctig de cauz

remission

reducere de pedeaps, graiere

respondent

reclamat/prt

retrospective law

lege retroactiv

rules of procedure

procedur judiciar

search warrant

mandat de percheziie

seizure of real estate

sechestru imobiliar

shoplifting, shoplifter

furt din magazine, ho de magazine

slander

calomnie

smuggler

contrabandist

solicitor

avocat consultant, nsrcinat cu


procedura, care are voie s pledeze numai
n anumite instane inferioare

solitary confinement

izolare la carcer

statement

declaraie, depoziie

statute law

drept scris

suspended sentence

condamnare cu suspendare

the Bar

Barou

to abduct, abduction, abductor

a rpi (persoane), rpire, rpitor


118

to abet, abetter

a fi complicele (cuiva), complice

to appear in court

a fi adus n faa justiiei

to be caught red-handed

a fi prins asupra faptului

to be placed under investigation

a fi pus sub urmrirea poliiei

to be remanded/released on bail

a fi eliberat pe cauiune

to be tried in ones absence

a fi judecat n lips, n contumacie

to break in, a break-in

a ptrunde prin efracie, o efracie

to bring an action (against)

a intenta o aciune n justiie

to bring to court

a urmri n justiie

to bring to trial

a aduce la tribunal

to burgle, burglary, burglar

a comite o spargere, spargere/furt prin


efracie, sprgtor

to commit a crime

a comite un delict/o crim

to commute a sentence

a comuta o pedeaps

to comply with

a se conforma/a respecta

to convene a meeting/session

a convoca o ntrunire/edin

to convene a person before trial/ to

a cita o persoan s se prezinte la tribunal

summon sb.
to counterfeit, counterfeit

a contraface/falsifica,
contrafacere/falsificare

to defraud

a defrauda/nela/escroca

to dismiss a case

a declara un caz nchis

to drop a charge

a renuna la o acuzaie
119

to embezzle, embezzlement, embezzler

a delapida, delapidare, delapidator

to enforce a judgement

a pune n execuie o hotrre


judectoreasc

to enforce the law

a pune n aplicare legea

to exonerate, exoneration

a exonera/disculpa,
exonerare/dezvinovire

to file against the plaintiff

a pronuna sentina mpotriva


reclamantului

to find for the plaintiff

a pronuna sentina n favoarea


reclamantului

to forfeit, forfeit/forfeiture

a pierde un drept (asupra unui lucru) ca


urmare a unui delict penal, confiscare,
dezicere, amend

to forge, forgery, forger

a contraface/falsifica, contrafacere,
falsificator

to fulfil an obligation

a ndeplini o obligaie

to give smb. the benefit of the doubt

a considera pe cineva nevinovat

to hear a case in camera

a audia un proces cu uile nchise

to hear a case/a witness

a audia un caz, un martor

to hold up, a hold-up

a ataca pentru a jefui (automobile), un


atac banditesc/un hold-up

to impose a lump sum or a penalty

a impune o plat forfetar sau o amend

payment
to institute/take legal proceedings against

a aciona pe cineva n justiie

smb.
120

to issue a photofit picture

a publica un portret-robot

to issue a writ

a emite o hotrre/ordonan
judectoreasc

to kidnap, kidnapping, kidnapper

a rpi, rpire, rpitor

to lead a witness

a pune ntrebri tendenioase unui martor

to mug/ to assault

a ataca, a agresa

to murder, murder, murderer

a asasina, asasinat, asasin

to petition a court

a nainta a cerere/petiie ctre curte

to poach, poacher

a face braconaj, braconier

to prosecute

a urmri n justiie, a da n judecat

to rape, rape, rapist

a viola, viol, violator

to ratify, ratification

a ratifica/valida, ratificare

to receive a jail sentence

a primi o pedeaps cu nchisoarea

to remand in custody

a cerceta n stare de arest

to reverse a ruling

a anula o sentin judectoreasc

to rob, robbery, robber

a jefui, jaf, jefuitor

to seize, seizure

a lua n posesie/a confisca/a sechestra,


confiscare/sechestrare

to serve a sentence

a executa o sentin

to serve a writ/subpoena

a trimite o hotrre judectoreasc/o


citaie

to serve ones sentence

a-i ispi pedeapsa

to settle out of court

a se rezolva pe cale amiabil


121

to sit (of a court)

a fi n edin, a se ntruni

to smuggle, smuggling, smuggler

a face contraband, contraband,


contrabandist

to submit a case/file to

a supune un caz/dosar spre examinare

to subpoena a witness

a cita un martor

to take exception to a witness

a recuza un martor

to take into custody

a aresta

to trespass, trespassing, trespasser

nclcarea graniei unei proprieti,


intruziune ilegal, intrus

to vandalize

a vandaliza

trial by jury

judecat naintea jurailor

trial lawyer/a barrister

un avocat pledant

under house arrest

cu domiciliu forat

vandalism, vandal

vandalism, vandal

verdict

verdict

voluntary manslaughter

omor premeditat

warrant

mandat

warrant for the arrest

mandat de arestare

witness for the defence

martor al aprrii

witness for the prosecution

martor al acuzrii

witness stand

bara martorilor

writ

ordonan/hotrre judectoresc

wrongdoing, wrongdoer

frdelege, rufctor
122

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