Академический Документы
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Chiinu - 2010
Chiinu - 2010
TABLE OF CONTENTS
Instead of an Introduction...
1. The Law...
2. Sources of Law
3. Courts in England and Wales..
4. Overview of the Legal Professions.
5. Judges in the United Kingdom
6. Truth As the Fundamental Principle of the Judicial Pleading
7. Branches of Law.
8. Kinds of Law: Criminal and Civil...
9. Family Law.
10. Commercial Law
11. International Law
Supplementary
Readings..
Bibliography
INSTEAD OF AN INTRODUCTION
Language is the only instrument of science, and words are but the signs of ideas.
~ Samuel Johnson
Legal English is the style of English used by lawyers and other legal professionals in the
course of their work.
Legal English has traditionally been the preserve of lawyers from English-speaking
countries (such as the USA, UK, Canada, Australia, and New Zealand) which have shared
common law traditions. However, due to the spread of English as the predominant language of
international business, as well as its role as a legal language within the European Union, legal
English is now a global phenomenon.
Modern legal English is based on Standard English. However, it contains a number of
unusual features.
The English language can be said to have begun around 450 A.D., when boatloads of
Angles, Jutes, Saxons and Frisians arrived from the Continent. These Germanic invaders spoke
closely related languages, which came to form what we call Anglo-Saxon or Old English.
Although the Anglo-Saxons seem to have had no distinct legal profession, they developed a
type of legal language, remnants of which have survived until today. Examples include words
like goods, guilt, manslaughter, murder, oath, right, sheriff, steal, swear, theft, thief, and
witness.
The Anglo-Saxons used not only Old English as a legal language, but also Latin.
Although Latin was introduced to England during the Roman occupation around the time of
Christ, it became a major force only after the arrival of Christian missionaries in 597. Latin
was important for English law mainly as the language of court records. English lawyers and
judges liked to express sayings or maxims about the law in Latin. An example that has
survived is caveat emptor, dura lex sed lex, etc.
Following the Norman conquest in 1066 the official legal language was French. By 1310
almost all acts of Parliament were in the French language. A similar evolution took place with
the idiom of the courts.
A vast amount of legal vocabulary is French in origin, including such basic words as
appeal, attorney, court, defendant, evidence, judge, jury, justice, party, plaintiff, verdict and
voir dire. The French language of lawyers became increasingly corrupt. The language of that
time is often called dog Latin meaning a corrupted form of Latin, which consisted of a
mixture of Latin, French and English words used in English sentence structures. It also
contained many words which had nothing to do with Latin, but were framed from the English
by merely adding a Latin termination, as merdrum for murder.
In 1730, Parliament abolished Law Latin and French in legal proceedings, but many Latin
and French phrases had already entered common use in legal language, and have survived to
this day.
1. Here are some Latin words and expressions used in the legal profession. How many of
the meanings on the left can you match with the expressions on the right?
1. ab initio
2. actus reus
3. consensus ad idem
4. de facto
5. de novo
6. inter alia
7. pro rata
8. modus operandi
9. et seq.
10. e.g.
11. i.e.
2. The words in this exercise are used a lot in the legal profession, and appear at various
stages throughout this course, so it is important you understand what they mean. Match the
definitions on the left with the words on the right.
Term
Definition
1. law
2. lawyer
3. legal case
4. civil
5. criminal
6. crime
7. defence
8. defendant
9. court
10. judge
11. contract
12. sentence
13. prosecute
14. prosecutor
15. appeal
Translation
THE LAW
Dura lex sed lex.
Generally speaking, by law we understand any normative act issued by a legislative body
of a state, following a pre-established procedure. But, what we understand by law is only the
normative act passed in Parliament, following, of course, a pre-established procedure.
Legislative initiative in the Republic of Moldova lies with the members of Parliament,
the President of Moldova, the Government, and the Peoples Assembly of the autonomous
territorial unit of Gagauzia. Legislation is passed by the Parliament in the form of
constitutional laws, organic laws and ordinary laws.
The constitutional laws are aimed at revising the Constitution, they establish the
organization of the political powers and the principles of government of the state, regulate the
rules, the fundamental civil liberties and some important social relations, which are the juridical
basis of the other laws.
The constitutional laws have to be adopted with a majority of at least two thirds from the
total number of the Parliament members and it is approved by referendum.
The constitution is the fundamental law of a state, consisting of a system of juridical
standards invested with a superior juridical force. The Constitution is the mirror of the
economic structures, forms of property and state organization.
The organic laws have the second juridical force after the Constitution and the
constitutional laws. The purpose of the organic laws is to direct and control the electoral
system, the organization of referendums, the organization of Parliament and Government and
of the local administration, the organization and functioning of political parties, the general
organization of the educational system, the granting of amnesty and pardon, etc. The organic
laws in the Republic of Moldova shall be passed by majority vote based on at least two ballots.
In the UK they are adopted with the absolute majority of the members of the two Houses of
Parliament.
The ordinary laws establish the most various social relations except for those which are
regulated by the constitutional and organic laws. In the Republic of Moldova they shall be
passed by the majority of the votes by the members present in session (in the UK they are
adopted by the absolute majority of the members who are present in each House of Parliament).
Problems of utmost gravity or urgency confronting the Moldovan society or State shall be
resolved by referendum. The decisions of the republican referendum have supreme judicial
power.
Laws have three major characteristics: they are general, compulsory and permanent. The
law is a conscious act of will, which is made to reach certain aims and to realise some social
ideals. It is general because it is valid for all the members of a society (an exception is
represented by the individual laws, which are adopted for certain specific acts). The law is
compulsory because its observance does not depend on the option of those asked to conform
themselves to its disposals. As a rule, the law is permanent; it is in operation until it is
abrogated. The only exception is represented by the temporary laws, which are in operation up
to a certain established date or an event foreseen by that law itself.
BASIC VOCABULARY
Law
Legislative body
Parliament
Government
Autonomous
Legislation
Constitution
Referendum
Amnesty
Pardon
Ballot
Utmost
Will
To abrogate
a. binding
b. institution
c. pardon
d. maximum
e. common
f. aim
g. freedom
h. to adopt
i. possession
j. aware
k. country
l. vote
m. constant
to adopt,
purpose,
to regulate,
gravity,
to abrogate
the law
amnesty
pardon
7. How many word partnerships can you form by combining the two lists below?
To pass
To give
To pronounce
Actual
Contrary to
To elaborate
To issue
To grant
Absolute
(a) sentence
over a veto
(a) law
pardon
a mandate
banknotes
orders
property
8. Read an abstract from the Constitution of the Republic of Moldova and fill in the
gaps with the words in the box:
members,
initiated,
referendum,
citizens,
war,
independence,
law projects,
freedoms
2. SOURCES OF LAW
A Constitution should be short and obscure.
~ Napoleon Bonaparte
Sources of law are the materials and processes out of which law is developed. In modern
nation states, the basic sources of law include a Constitution, statutes, case law, and
regulations issued by government agencies.
The main sources of law can be classified in the following way: theoretical
(philosophical), documentary, historical, formal and literary sources of law.
The historical sources of law are the acts and events in past time, which have given
rise to particular principles and rules of law. In the United Kingdom and Continental European
legal systems, these include the Roman law, the canon law, the feudal customs, the law
merchant and the general maritime law of Western Europe. One of the basic historical sources
of law in the United Kingdom is the Magna Carta, it is a charter granted by the King John in
1215, recognizing the rights and privileges of the barons, church and freemen.
The formal sources of law represent legal acts accepted by the official authourities.
These are declarations by Parliament in the form of legislation, statements of law by superior
courts, etc.
The term is used of the documentary sources refer to the documents containing the
athoritative statemennts of rules of law. In the United Kingdom, these are the volumes of states,
statutory instruments and of reports of case law.
The literary sources of law represent legal literature, the books to which one turns
for information. These include encyclopedias, treaties, textbooks which are based on the
material sources but have no authority and validity as rules of law, and no judge is bound to
accept the rules stated there.
Notice that the continental countries have codified their laws (reduced them to statutes).
Statutes and constitutions are classified as written or statutory law. The English-speaking
countries are based on common or case (sometimes unwritten) law. The basic characteristic of
the common law is that a case once decided establishes a precedent that will be followed by
the courts when similar controversies are later presented.
BASIC VOCABULARY
Statute
Canon law
Custom
Declaration
To prompt
To codify
Precedent
Controversy
a. common law
b. admiralty law
c. main
d. legality
e. licit
f. written law
g. officials
1
2
3
4
5
6
7
()
()
6. Translate the following word combinations containing the word source into
your mother tongue:
confidential source
illegitimate source
legal source of crime
legal source
legitimate source
original source
source of increased danger
source of law
sources of evidence
Verb
-----
Law
Adjective
legal
To regulate
Code
Resolution
To approve
Provision
----
binding
Statute
--authoritative
To declare
8. Solve the crossword to find the mystery phrase. The first word has been done for you.
1
2
3
4
5
6
7
8
9
1
0
1
1
1
2
e g
m
t
p
n
n
r
u
m
d
t
a
working of the constitution, which are not laws in this sense. They are called conventions,
because they arise _________ usage, or agreement.
3. COURTS IN ENGLAND AND WALES
There is no such thing as justice, in or out of court.
~ Clarence Darrow
The United Kingdom does not have a single unified judicial system - England and Wales
have one system, Scotland another, and Northern Ireland a third. However, all types of courts
in the United Kingdom are administered by Her Majesty's Courts Service, an executive agency
of the Ministry of Justice.
There are the following types of courts in England and Wales:
The Supreme Court of the United Kingdom is the court of last resort in all matters under
English law, Welsh law, Northern Irish law and Scottish civil law. The Supreme Court
was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1
October 2009.
Until 2009 the House of Lords served as the court of last instance for most instances of
UK law. It was presided over by the Lord Chancellor and consisted of three to seven
Lords of Appeal in Ordinary (appointed as life peers) and peers who held high judicial
office.
Court of Appeal (Criminal and Civil Division): hears appeals from the High Court and
the Crown Court.
High Court of Justice: original and appellate jurisdiction in all civil and some criminal
cases. It has three subdivisions: Family Division, Chancery Division (administration of
estates and interpretation of wills) and the Queens Bench (all cases not dealt with by
the other two divisions).
Crown Court: responsible for all criminal cases above the level of magistrates courts.
All trials are held with one judge (and maybe a jury).
County Courts (300 in England and Wales): cover all types of civil suits including
complaints of race and sex discrimination. Trials are conducted by a professional circuit
judge and might be assisted by a jury.
Magistrates Courts: consist of three unpaid lay magistrates (known as justices of the
peace) who try minor offences without a jury. They have limited civil jurisdiction,
mainly in domestic matters. About 90% of criminal investigations begin here.
The legal system also includes juvenile courts (which deal with offenders under seventeen)
and coroners courts (which investigate violent, sudden or unnatural deaths). There are
administrative tribunals which make quick, cheap and fair decisions with much less formality.
Tribunals deal with professional standards, disputes between individuals, and disputes between
individuals and government departments (e.g., over taxation).
Nota bene: Scotland has its own legal system, which has more similarities with the law
system of Continental countries, civil law being based on the principles of Roman rather than
English Common Law.
BASIC VOCABULARY
Executive
Lord Chancellor
Peer
Appeal
Estate
Trial
Suit
Complaint
Lay magistrate
Minor offence
Domestic
Tribunal
2. Pair work. Which of the courts do you think would deal with:
a bank robbery?
a divorce case?
a burglary committed by a fifteen-year-old?
a drowning?
a case of driving too fast?
3. Find common collocations (sometimes more than one solution is possible):
to hear
to break
to deliver
to charge
to recover
to cross-examine
to reverse
putere executiv
to return
to cite
lord cancelar
to instruct
sistem judectoresc
Ministerul Justiiei
curte de justiie criminal
(n Anglia)
magistrat
Camera Lorzilor
delict
curtea juvenil
contravenient
moarte violent
proces penal
proces civil
a judeca un proces
damages
a decision
a case
4. Find in the text the
an opinion
English equivalents for the words
a witness
below:
a verdict
the law
a fee
the jury
-
a case
,
umCosniimet
soHeu of
rodsL
2.
viiinosd)
viiinosd)
5. wCnro Court
6. gHhi Court
gastaitresM'
8. tonCyu
Court
7.
Court
1.
Supreme
Court
2. Courts of
5. 94 stDtiric
viRwee
6. xaT Court
4. Court of
3. Court of
pAplae
(realdeF
Circuit)
Appeal
(12
cuitCris)
8.
teInrnalation
edraT
Court
9.
sliCma
Court
italyiMr
spAplae
10. Court of
Vanstere'
7. Courts of
italyiMr
Courts
Cinahisu
aBtil
enBrde
huCal
Cmaort
16
15
The Spializeecd
(nomEcoic)
ortusC of sticueJ
Jury
JURORS OATH
A jury consists of twelve people (jurors), who are ordinary I do solemnly, sincerely and
people, chosen at random from the Electoral Register (the list of truly declare and affirm that
people who can vote in elections). The jury listens to the evidence I will faithfully try the
given in court in certain criminal cases and decides whether the defendant and give a true
defendant is guilty or innocent. If the person is found guilty, the verdict according to the
punishment is passed by the presiding judge. The jury is rarely evidence.
used in civil cases.
Magistrates
Magistrates (also known as Justices of the Peace or JPs) judge cases in the lower courts.
They are usually unpaid and have no formal legal qualifications, but they are respectable
people who are given some training.
Coroners
A coroner is a public official responsible for the investigation of violent, sudden, or
suspicious deaths and inquiries into treasure-trove. They have medical or legal training (or
both).
Clerks of the Court
Clerks look after administrative and legal matters in the courtroom.
BASIC VOCABULARY
Transaction
Law Society
Advocacy
To contact
Bar Council
Pupillage
Proceedings
Witness
Evidence
Treasure-trove
At random
5.
6.
3. Choose the correct term for each legal profession mentioned in the text.
an officer acting as a judge in the lower courts;
a public official with authority to hear and decide cases in law court;
a group of people who swear to give a true decision on issues in a law court;
an official who investigates the cause of any death thought to be violent or unnatural;
a lawyer who has the right to speak and argue in higher law courts;
a lawyer who prepares legal documents, advises clients on legal matters and speaks for
them in lower law courts.
6. Solicitors
Education and
training
Duties
BARRISTER
JUDGE
6. Label the following as British English (BE) or American English (AE). Some could be
both British and American.
* lawyer
* advocate
* solicitor
* counsel
_______________
_______________
_______________
_______________
* counselor
* attorney
* barrister
* writer
_______________
_______________
_______________
_______________
7. Circle the words related to law to describe major areas of legal practice.
company
market
target
regulation
tax
relevant
state
cooperative
labour
common
copyright
corporate
finance
real
development
criminal
contract
public
9. Look at the picture of an American court. Match the numbers in the picture with the words
below:
jury
reporter
court
robe
gavel
jury box
court officer
transcript
defendant
witness
bench
judge
prosecuting attorney
defence attorney
witness stand
10. Fill in the blanks with the appropriate words from the box:
THE FIRST WOMEN LAWYERS
amendments
lawyers
professions
legal
practised
fight
support
degree
equality
A few years later, however, the Illinois legislature enacted amending legislation to permit
womens admission to the bar, and a number of other American states enacted similar
______________. Thus, by the late 1880s there was a sufficient number of American women
lawyers to establish the Equity Club, a correspondence club that provided information and
___________ to women lawyers all over the United States for several years.
11. Read the text carefully and comment on the advice given to jurors. Be ready to
explain the relevance of each item:
Dos and Donts for Jurors
During trial:
1. DO arrive on time and DO return promptly after breaks and lunch. The trial cannot
3.
4.
5.
6.
7.
8.
9.
their manner while testifying. If you cannot hear what is being said, raise your hand
and let the judge know.
DO keep an open mind all through the trial.
DO listen carefully to the instructions read by the judge. Remember, it is your duty to
accept what the judge says about the law to be applied to the case.
DON'T try to guess what the judge thinks about the case. Remember that rulings from
the bench do not reflect the judge's personal views.
DON'T talk about the case, or issues raised by the case with anyone including other
jurors while the trial is going on, and DON'T let others talk about the case in your
presence, even family members. If someone insists on talking to you or another juror
about the case, please report the matter to a court employee. These rules are designed
to help you keep an open mind during the trial.
DON'T talk to the lawyers, parties, or witnesses about anything. This will avoid the
impression that something unfair is going on.
DON'T try to uncover evidence on your own. Never, for example, go to the scene of
an event that was part of the case you are hearing. You must decide the case only on
the basis of evidence admitted in court.
DON'T let yourself get information about the case from the news media or any other
outside source. Even if news reports are accurate and complete, they cannot substitute
for your own impressions about the case. If you accidentally hear outside information
about the case during trial, tell a member of the court staff in private.
During deliberation:
1. DO work out differences between yourself and other jurors through complete and fair
discussions of the evidence and of the judge's instructions. DON'T lose your temper.
2. DON'T mark or write on exhibits (documents).
3. DON'T try to guess what might happen if the case you have heard is appealed.
Appellate courts deal only with legal questions--they will not change your verdict if
you decided the facts based on proper evidence and instructions.
4. DON'T play cards, read, or engage in any other diversion.
5. DON'T talk to anyone about your deliberations or about the verdict until the judge
discharges the jury. After discharge, you may discuss the verdict and the deliberations
with anyone, including the media, the lawyers, or your family. But DON'T feel
obligated to do so no juror can be forced to talk without a court order.
experience as a lawyer. Until 2009 only four solicitors have been appointed as High Court
judges - Michael Sachs in 1993, Lawrence Collins in 2000, Henry Hodge in 2004, and Gary
Hickinbottom in 2008.
BASIC VOCABULARY
Lay
Anti-social
To retire
Ethnicity
Common sense
Traffic warden
Standing
Appointee
3. In the text, find English equivalents for the following words and expressions:
judector de pace
voluntar
Lord cancelar
ofier de poliie
fore militare
magistrat salariat
Maiestatea Sa
beneficiar, persoan numit
ntr-un post
,
-
,
law
successfully
impartial
except
incompatible
reaching
expiration
may
Status of Judges
(1) Judges sitting in the courts of _________ are independent, ___________ and
irremovable under the law.
(2) Judges sitting in the courts of law shall be appointed, under the law, by the
______________ of the Republic of Moldova upon proposal submitted by the Superior
Council of Magistrates. Judges who ________________ passed the contest shall be firstly
appointed for a 5-year term of office. After the _____________ of the 5-year term of office,
the judges shall be appointed to this position until ____________ the age limit fixed under the
law.
(3) The Presidents, Vice-Presidents and judges of the Supreme Court of Justice shall be
appointed by Parliament following a proposal submitted by the Superior Council of
Magistrates. They must have a working _____________ as judge of at least 10 years.
(4) Judges shall be promoted and transferred only at their own consent.
(5) Judges ___________ be punished as provided for under the rule of law.
(6) The office of judge shall be _______________ with the exercise of any other public
or private remunerated position, _____________ for the didactic and scientific activity.
6. Study the following table and supply the missing information, comparing
judges service in the United Kingdom and the Republic of Moldova.
UK
RM
Education and
training
Judges appointment
Compatibility with
the exercise of other
positions
A senior judge, in U.S. practice, is a retired judge who handles selected cases for a
governmental entity while in retirement, on a part-time basis.
Subordinate or inferior jurisdiction judges in U.S. legal practice are sometimes called
magistrates, although in the federal court of the United States, they are called magistrate
judges. Subordinate judges in U.S. legal practice appointed on a case-by-case basis,
particularly in cases where a great deal of detailed evidence must be reviewed, are often called
"masters" or "special masters".
Judges of courts of specialized jurisdiction (such as bankruptcy courts or juvenile courts)
were sometimes known officially as referees, but the use of this title is in decline. Judges
sitting in courts of equity in common law systems (such as judges in the equity courts of
Delaware) are called "Chancellors".
Individuals with judicial responsibilities, who report to an executive branch official,
rather than being a part of the judiciary, are often called "administrative law judges" in U.S.
practice and commonly make initial determinations regarding matters such as eligibility for
government benefits, regulatory matters, and immigration determinations.
Judges who derive their authority from a contractual agreement of the parties to a
dispute, rather than a governmental body are called arbitrators, and typically do not receive
the honorific forms of address, and do not have the symbolic trappings, of a publicly
appointed judge.
2
3
4
7
9
8
1
0
1
1
1
2
1
4
Lawsuit
Procedural law
Oath
Accord
1.
2.
3.
4.
5.
6.
7.
8.
them:
origin
indeed
mankind
precise
principle
scientist
standpoint
perfect
to express
accordance
a. fiction
b. concordance
c. lie
d. irrespective
e. subjective
f. partial
g. true
h. minority
1
2
3
4
5
6
7
8
firm
cause
8. Role-play: Finding out the truth.
a) Provide a term for the following definition.
A general pardon, especially for offences against a government; a period during
which a law is suspended to allow offenders to admit their crime without fear of
prosecution is called
b) And now examine the cases and be ready to defend your view-point. The phrases in
the boxes will help you.
Because of this
On account of
this
Thats the reason
why
Number 7 is a prisoner of war. He was taken prisoner during the last war with the
countrys neighbours six years ago. He was a marine and engineer and was responsible
for bombing a small village in the mountains. He says he was following orders. The two
countries are now at peace. He is serving a twenty-year sentence.
Number 8 is a landlord. He was arrested for keeping a block of flats in very dirty,
and some cases dangerous conditions. He was also renting the apartments to illegal
immigrants and charging a lot of money for them. He is serving a seven-year sentence.
Number 9 is a politician. She was a leading member of the Ultra political party, an
extreme group who believed that criminals should be executed and immigrants expelled
from the country. The Ultra party is very weak now. She was arrested for stealing party
funds and is serving a ten-year jail sentence.
9. Comment on the statements below:
The lawyer's truth is not Truth, but consistency or a consistent expediency.
(Henry David Thoreau)
A lawyer will do anything to win a case, sometimes he will even tell the truth.
(Barton Holyday)
It takes a good shovelful of earth to bury the truth. (Proverb)
Children and fools cannot lie. (Proverb)
7. BRANCHES OF LAW
Where you find the laws most numerous, there you will find also the greatest injustice.
~ Arcesilaus
Stop & Think. What legal subjects do you study this year? In groups brainstorm as
many subjects as you can think of which make up a law degree.
In order to understand the many different aspects of law it is helpful to look at the
various areas or classifications of law. There are many legal principles or rules of law that
are found in statutes, cases decided by courts, and other sources that are applied by the
courts in order to decide lawsuits. These principles of law are classified as substantive law.
On the other hand, the legal procedures that provide how a lawsuit is begun, how the trial is
conducted, how appeals are taken, and how a judgment is enforced are called procedural
law.
In other words, substantive law is that part of law that defines rights, and procedural
law establishes the procedures according to which rights are enforced and protected.
Law is also frequently classified into areas of public and private law. Public law
includes those branches of law that affect the public generally; private law includes the
areas of the law that are concerned with the relationship between individuals.
Public law may be divided into three general categories:
1. constitutional law, which concerns with the study, interpretation, and
application of a states constitution, including the issues of governance, the powers of the
branches of government, civil liberties, and civil rights.
2. administrative law, which concerns with different governing administrative
agencies - that is, the agencies created by Congress or state legislatures.
3. criminal law, which consists of rules and statutes that forbid certain conduct
and provides punishment for violation of these laws.
Private law is the branch of law that deals with the relationships between individuals
in an organized society. Private law considers the subjects of contracts, torts and property.
Each of these subjects includes several branches of law. For example, the law of contracts
may be subdivided into the subjects of sales, commercial paper, business organizations.
The law of torts is the primary source of litigation in country. A tort is a wrong
committed by one person against another person or his property. In a civilized society
people who injure other persons or their property should compensate them for their loss.
The law of property may be thought as a branch of the law of contracts. In any case
property is the basic ingredient in our economic system, and the subject matter may be
subdivided into several areas such as wills, trusts, and estate in land, personal property
and many more.
BASIC VOCABULARY
To apply
To enforce
Governance
Legislature
Sale
Wrong (n.)
Loss
Trust
Estate in land
commercial paper
to provide punishment for
violation of law
to decide lawsuits
prejudiciu
sistem economic
legal principles
subject of sale
drept contractual
, -
1.
2.
3.
4.
5.
6.
common law
English law
judge-made/case law
civil law
maritime law
business/commercial/trade
law
7. law of equity
8. family law
9. patent law
10. penal law
11. Roman law
12. international law
13. labour law
:
,
,
, , ,
,
,
,
..
.
,
(
,
(,
).
,
,
.
the law that deals with the constitution of offences and the
punishment of offenders
a formal accusation brought against a person stating the crime
that he is alleged to have committed
(noun) a certain amount of money exacted as a penalty;
(verb) to impose to pay a certain amount of money exacted as a
penalty
the intentional and wrongful invasion of another's real property
a person who makes a formal charge in the court of law
a person who brings a civil action in a court of law (also known
as claimant)
the law of a state relating to private and civilian affairs
to be under an obligation to pay (someone) to the amount of; to
be in debt
a properly executed and legally binding accord or contract
(in civil law) deprivation of buyers property according to the
court decision
a person against whom an action or claim is brought in a court of
law
to institute legal proceedings (against)
a violent attack, either physical or verbal
- any evidence that establishes or helps to establish the
truth, validity, quality, etc., of something;
- the whole body of evidence upon which the verdict of a
court is based
5.
6.
7.
8.
a. marriage
b. to win a case
c. individual
d. plaintiff
e. to break the law
f. to be sent to prison
g. to purchase
c
/
cheltuieli medicale
rpire
furt
1
2
3
5. Law breakers.
a) Match the definitions on the left with the words on the right.
Law Breaker
1. an arsonist
2.
a shop-lifter
3. a mugger
4. an offender
5. a vandal
6. a burglar
7. a murderer
8. a kidnapper
9. a pickpocket
10. an
accomplice
11. a drug dealer
12. a spy
13. a terrorist
14. an assassin
15. a hooligan
16. a stowaway
17. a thief
18. a hijacker
19. a forger
20. a robber
21. a smuggler
22. a traitor
23. a gangster
24. a deserter
25. a bigamist
Definition
Translation
a. attacks and robs people, often in the street
b. sets fire to property illegally
c. is anyone who breaks the law
d. breaks into houses or other buildings to steal
e. steals from shops while acting as an ordinary
customer
f. kills someone
g. deliberately causes damage to property
h. steals things from peoples pockets in crowded places
i. gets secret information from another country
j. buys and sells drugs illegally
k. takes away people by force and demands money for
their return
l. helps a criminal in a criminal act
m. uses violence for political reasons
n. causes damage or disturbance in public places
o. hides on a ship or plane to get a free journey
p. takes control of a plane by force and makes the pilot
change course
q. murders for political reasons or a reward
r. is someone who steals
s. makes counterfeit (false) money or signatures
t. is a member of a criminal group
u. steals money, etc. by force from people or places
v. marries illegally, being married already
w. is a soldier who runs away from the army
x. brings goods into a country illegally without paying
tax
y. betrays his or her country to another state
Sexual offenders
Political offenders
6. Here is an example of a case where set of events can lead to both criminal and civil actions.
Read it and identify the purpose of the action, parties involved, decision taken and sanctions.
Strange but True Story of the Cigars
A man from Charlotte, North Carolina, having purchased a case of very expensive cigars,
insured them, among other things, against fire. Within a month, having smoked his entire
stockpile, the man filed a claim against the insurance company, stating that the cigars were lost
'in a series of small fires'.
The insurance company refused to pay, citing the obvious reason that the man had
consumed the cigars in the normal fashion. The man sued - and won.
In delivering the ruling the judge, agreeing that the claim was frivolous, stated
nevertheless that the man held a policy from the company in which it had warranted that the
cigars were insurable and also guaranteed that it would insure against fire, without defining
what it considered to be 'unacceptable fire' , and was obliged to pay the claim. Rather than
endure a lengthy and costly appeal the insurance company accepted the ruling and paid the man
$15,000 for the rare cigars he had lost 'in the fires'.
After he cashed the cheque, however, the company had him arrested on 24 counts of
arson. His own insurance claim and testimony from the previous case being used against him,
the man was convicted of intentionally burning his insured property and sentenced to 24
months in jail and a $24,000 fine.
Can you think of cases related to both civil and criminal law? In pairs prepare to describe
such cases to the class.
.
, 28-
.
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, 4 2006 .
.
,
,
.
, ,
.
. ,
.
, , .
40 27
,
.
,
,
.
Punish is the verb and punishment is the noun, but what is the adjective form of the word?
What are the verb and adjective forms of the noun penalty?
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Choose the most appropriate word in bold in this sentence: 'The court ordered the
defendant to pay purgative / punishing / punitive / pugnacious damages to the claimant
for the emotional distress he had caused.'
What do we call a punishment which is considered to be strong enough to stop someone
from committing a crime? Is it: (a) a detergent (b) a deterrent (c) a detriment (d) a
determinant?
Some countries still have corporal punishment and some still have capital punishment.
What happens to the people who receive these punishments?
In Moldova, a man is stopped by the police for driving at 95 in a 50mph zone. What will
(probably) happen to him?
Next week, the same man is stopped again, and the police discover that he has been
drinking alcohol and has over twice the allowed limit of alcohol in his body. What will
probably happen to him now?
Rearrange the letters in bold to make words. The first and last letters of each word are in
the correct place: 'If a defendant is found guilty of an offence in a court of law, he is
ciecnotvd. If he is found not guilty, he is ateqciutd.'
What's the difference between a custodial sentence, a suspended sentence and probation?
What is the maximum penalty allowed for crime in the United Kingdom?
Prison is a noun. What is the verb form of this word?
A woman is sentenced to 6 months in prison for theft, 4 months in prison for selling
drugs, and 1 month in prison for refusing to pay her council tax. The judge tells her that
these sentences will be concurrent, or run concurrently. What is the maximum length of
time the woman will spend in prison?
True or false: If someone receives a community service order, they have to go to prison.
Choose the correct word in bold in this sentence: An injection / injunction / injury /
injustice is a court order telling someone to stop doing something, or not to do
something.
What do we call money that is paid from one party to another to cover the cost of damage,
loss, injury or hardship? (Clue: it begins with c and ends with n)
Mr. Smith goes to the Bahamas to start a new life. While he is there, an English court
applies a freezing order to Mr. Smith's assets. Would Mr. Smith be happy or unhappy
about this?
9. Debate.
9. FAMILY LAW
The family is one of nature's masterpieces.
~ George Santayana
Family law is a branch or specialty of law, also known as domestic relations law that
deals with family relations. It concerns with such subjects as adoption, marriage, divorce,
separation, paternity, child custody and visitation, separation agreement, estate planning,
support and child care.
In the past, family law has been closely connected with the law of property. It has origins
in the economic law. In old legal systems, marriage was regarded as the transfer of a woman
from the power of her family to that of her husband under terms specified in the marriage
contract. And the standard method of dissolving a marriage usually resulted in the return of the
woman to the power of her family.
The modern idea of marriage, which is becoming almost universal, is a voluntary
exchange of promises between the man and the woman. Before getting married couples may be
involved in substantial decision to property, these matters now tend to be automatic (when
there is no marriage contract) or to be formalized separately. The ceremony itself is normally
an exchange of consents accompanied by religious observances or a civil ceremony (or both).
The purpose of the legal formalities is to differentiate the relationship from concubinage
allowing to legally recognize custody of children, rights under matrimonial regimes, etc.
In order to satisfy the requirement of a voluntary consent to a marriage, a party must have
reached an age at which he or she is able to give a meaningful consent. Most modern legal
systems provide for a legal minimum age of marriage from 15 to 20 years. Some systems
require parental consent to marriage when the parties are above the minimum age.
Other laws forbid marriage between persons having certain ties of relationship, either of
blood or of marriage.
A marriage can terminate as a human relationship before it is dissolved by law. Often the
court rulings - as to property and the custody of children - will merely confirm arrangements
that have already been made by the parties. In the United States and Canada, 80 to 90% of
divorce proceedings are undefended.
There are various divorce formulas: divorce for fault, such as adultery, cruelty or
imprisonment; divorce for contracts frustration, such as incurable mental diseases or
disappearance of the spouse; divorce by mutual agreement; and divorce on the ground that the
marriage has broken down.
A complicating factor in divorce law is the question of giving recognition to foreign
divorces. The divorce laws of countries and states differ. So a person living a jurisdiction in
which divorce is difficult to obtain may be able to go to another country in which divorce laws
are more liberal.
Family law also shares an interest in some social issues with other areas of law (e.g.,
criminal law). One of the issues that has received much attention is the very difficult problem
of violence within the family. This may take the form of physical violence by one adult
member on another (in this case the woman is almost always the victim), or by an adult on a
child. The problem is one of social importance and some studies indicate that a high proportion
of violent crime originates in family units.
BASIC VOCABULARY
Adoption
Separation
Paternity
Custody
Estate
Consent
Concubinage
To dissolve
Adultery
Frustration of a
contract
Victim
maximum
forced
adult
to allow
unification
divorce
a. only
b. important
c. family law
d. matrimony
e. freewill
f. marital agreement
g. paternal
h. illness
i. to aim at
j. business law
k. help
l. a wife or a husband
m. related
1
2
3
4
5
6
7
8
9
10
11
12
13
In the past, family law has been closely connected with the law of .
2. In old legal systems, the standard method of dissolving a . usually was in the
return of the . to the power of her family.
3. Some systems require consent to marriage when the parties are
the minimum age.
4. The divorce .. of countries and states differ.
5. Family violence may take the form of . violence by one adult member on
another or by an . on a child.
6. A high proportion of violent . originates in family .
5. Make up sentences out of these words and expressions. They can be found in the
text.
1. a branch, Family, deals with, law, is, or, of, law, specialty, relations, that, family.
2. idea of, woman, between, exchange, The modern, marriage, is, of, the man, and, the, a
voluntary, promises.
3. observances, itself, is, exchange of, ceremony, an, The ceremony, consents,
accompanied, a, civil, by, or, normally, religious.
4. terminate, can, A marriage, as, before, a relationship, human, law, it, by, is, dissolved.
6. Correct mistakes in the sentences given below. You can find the right versions
in the text.
1. In old legal sistems, mariage was regarded as the transfer of a woman from the power
of her family to that of her husband under term specifyed in the mariage contract.
2. Before geting maried couples may be involved in substantal decision to property, thise
matters now tends to be automatic (when there is no mariage contract) or to be formalised
separatly.
vizitarea copilului
ngrijire de copii
concubinaj
consimmnt printesc
desfacerea cstoriei
deteniune cu nchisoarea
zdrnicie a unui contract
violena familial
1.
2.
8. Fill in the gaps with the appropriate verb forms from the table:
The marriage law of most Western European nations and of the USA is the product of
Roman Catholic law that .................... (1) by the changed cultural and social conditions of
modern industrialized and urbanized life. Modern marriage law regards marriage as a civil
transaction and allows only monogamous unions. The age limits for marriage, which formely
permitted 12-year-olds or even younger persons to marry, ..................... (2) upward in most
countries to 15-21 years of age.
Islamic law ..................... (3) the practice of polygamy, but polygany was decreasing in
almost all Muslim countries by the late 20th century. Polygamous marriages ...................... (4)
under customary laws in many African nations, but there is growing tendency toward
monogamy. There is no uniform marriage law in many developing African countries. The
regulation of marital relations is based ............(5) on religion...............(5) on the customary
laws of the territory. This gives rise to complex problems in the case of tribal, ethnic, or
religious intermarriage.
1
2
3
4
5
9. Divorce Case
a) Make as many words as they can using these letters:
PAITNSHEROLI
was modified
had been revised
permits
are permitted
either ... or
b) Look at these expressions about John and Cristina. Which ones indicate that they are
in a happy relationship, and which expressions indicate that they are in an unhappy
relationship? Write H for happy and U for unhappy next to each sentence.
Their relationship is on the rocks.
They are still in a honeymoon period.
They arent getting along very well.
Theyre going through a rough patch.
They cant see enough of each other.
She cant put up with him any more.
Theyre going (their) separate ways.
They stick together through thick and thin.
c) Imagine you are judges. YOU are responsible for divorce cases where the husband
and wife cannot agree. Today you have been presented with another difficult case: Ford vs.
Ford. Read about the case below.
Cristina Ford
Cristina Ford is a forty-year-old advertising executive. She works very long hours and
earns a lot of money. Since their daughter Olivia was born four years ago, Cristina has worked
and supported the family.
John Ford
John Ford is an unemployed forty-two year old man. He worked for many years in a
bookshop. At the moment he is trying to write a novel. He stopped working when their
daughter Olivia was born, and has stayed at home to take care of her for the past four years.
The Divorce
John and Cristina got married ten years ago. They began to have problems in their
marriage after Olivia was born. They have decided to get divorced, but are now very angry
with one another.
Cristina wants:
Full custody of Olivia.
The family house, a three-bedroom house in a nice part of town.
Charlie, the family dog.
Cristina wants to sell the summer beach apartment and share the money. She refuses to
give John any money at all. She does not want any money from John. John can see his
daughter every two weeks and have her for the summer holidays.
John wants:
Full custody of Olivia.
Charlie, the family dog.
The summer beach apartment so he can write there.
John wants to sell the family house in the city and share the money. He also wants
Cristina to pay $1000 a month for child support. Cristina can see her daughter every two
weeks and have her for the summer holidays. John also wants $25 000 compensation because
he feels he sacrificed his work to raise Olivia.
d) Now discuss with the other judges in your group. You must come to a decision and
make some clear recommendations. Write your recommendations.
Nowadays various regulatory schemes control the way commerce is conducted. Privacy
laws, safety laws, food and drug laws are some examples.
BASIC VOCABULARY
Advertising
Marketing
Bankruptcy
Transaction
Wares
Weight
Collapse
Tradesman
Autonomy
Handicraftsma
n
Assertion
Ownership
Privacy law
Safety law
business
consultant
circulation
in bribe
delivery
market
owner
power
to ensure
__________________________________________________________________________
uniform
__________________________________________________________________________
5. Consult your dictionary and explain the following terms:
collection(s)
producer
consumer
6. Are these statements true or false? Correct the false ones.
T/F 1. Popular areas of business law include insurance, wills, estate planning, consumer and
creditor protection.
T/F 2. In ancient times, in order to satisfy their vital needs, people started to sell their
products
between themselves.
T/F 3. The Romans were the first who established the rules of traders activity.
T/F 4. The city agoranomos could restrict the sellers to volume of sales.
T/F 5. In order to defend their rights, tradesmen began to organize themselves in corporations
which gradually obtained the administrative, juridical and legislative autonomy.
T/F 6. The French Commercial Code was adopted in 1907.
T/F 7. Under the influence of the French Revolution, a big number of countries took over the
French Commercial Code as their own.
7. Translate the following words and word combinations:
regulile de securitate
asigurare
vital needs
,
,
collapse
meteugar
written law
ownership
food law
9. There are many different kinds of contract for different situations. Look at the
following paragraphs, and decide what kind of contract is being described or talked about.
loan agreement purchase agreement
verbal contract
employment contract
tenancy (rent) agreement
car-hire agreement,
franchise agreement
1. My cousin Bob said he was going to get rid of his computer and buy a new one. I said
that I needed a computer and suggested I bought his old one. Anyway, we agreed on a
price, I gave him a 50 deposit, and agreed to pay the balance in installments over the
next three months. I'm going round to collect the computer this evening.
2. The property is unfurnished, and the rent is 650, which has to be paid monthly in
arrears. Electricity, gas and phone bills are extra. There's a communal garden and a
communal parking area, for which I also have to pay a nominal maintenance fee. The
3.
landlord is responsible for any repairs to the property. I've signed this agreement for 18
months.
We're opening our own branch in the town centre next week. The deal is simple: we get
the right to use the company's name, their trademark, their trade names and products
and wear their uniforms. They also provide our staff with all the necessary training,
give us managerial assistance and provide advertising materials. In return, we have to
meet specific requirements, such as quality of service, maintaining good customer
relations, and following the company's standard procedures. Oh, and of course to buy
all the products we sell from them.
The total amount you are borrowing from a bank is 9,000 at an APR (Annual
Percentage Rate) of 6.6%. Repaid in monthly over 3 years, this gives you a monthly
repayment figure of 275.46, totalling 9,916.56. If you wish to make an early
payment, the sum will be recalculated accordingly. As soon as you sign a form, your
funds will be released into your bank account.
This appointment is for a period of two years, following a 4-week probationary period.
Your salary package includes an annual gross salary of 32,000. Your hours of work
are 9 to 5 Monday to Friday, although you may be asked to work overtime during busy
periods. The company has its own medical and pension schemes which you may join.
The total cost is 2,870, which is payable in full before the goods can be delivered.
Alternatively, we can arrange credit terms. All goods are covered by the manufacturer's
warranty, which is valid for one year. If you are not happy with your merchandise, it
can be returned for an exchange or full refund (but please note that this is valid for 28
days only and we will need to see your cheque or other proof of purchase).
The rent of this car is 58 a day. This price includes unlimited kilometrage and fully
insurance. A refuelling service charge will be applied if you do not replace the fuel you
have used.
4.
5.
6.
7.
10. Fill in the blanks with the appropriate words from the box:
ELECTRONIC COMMERCE
signed
parties
legislative encode
back
agreement
growing
services
reduced
online
13. Money claimed by a claimant from a defendant because of harm or damage done, or
money awarded by a court to a claimant as a result of harm suffered by the claimant
(Clue: this word has already appeared elsewhere in this exercise).
14. The legal responsibility for paying someone for loss or damage incurred.
15. A failure to give proper care to something, especially a duty or responsibility, with the
result that a person or property is harmed.
16. The good reputation of a business and its contacts with its customers (for example, the
name of the product it sells or its popular appeal to customers).
17. A court order telling a person or a company to stop doing something, or telling them
not to do it in the first place.
some humanitarian standards, considered by all states indispensable in order to guarantee the
respecting of the elementary rights of life and human dignity: the interdiction of slavery, the
rules and manners of the war.
Conflict of laws
Conflict of laws, or "private international law" in civil law jurisdictions, governs
conflicts between private persons, rather than states. The rise of international corporations
increases the number of disputes among a unified legal framework Increasing numbers of
businesses use commercial arbitration under the New York Convention 1958.
Supranational law
The European Union is the first and only example (so far) of a supranational legal
framework, where sovereign nations have joined their authority through a system of courts
and political institutions. It constitutes a new legal order in international law for the mutual
social and economic benefit of the member states.
Multilateral
Convention
Custom
Charter
To resort (to)
Settlement
To intervene
Self-determination
Duties
Peremptory
Bilateral
Dignity
Slavery
BASIC VOCABULARY
of or involving more than two nations or parties
an international agreement second only to a treaty in formality
a practice which by long-established usage has come to have the
force of law
a formal document from the sovereign or state incorporating a
city, bank, college, etc., and specifying its purposes and rights
the use of something as a means, help, or recourse
- the determination of a dispute, etc., by mutual agreement
without resorting to legal proceedings;
- an adjustment or agreement reached in matters of finance,
business, etc
to interpose and become a party to a legal action between others,
esp. in order to protect one's interests
- the power or ability to make a decision for oneself without
influence from outside;
- the right of a nation or people to determine its own form of
government without influence from outside
a task or action that a person is bound to perform for moral or
legal reasons
- admitting of no denial or contradiction; precluding debate;
- obligatory rather than permissive
affecting or undertaken by two parties; mutual
the state or quality of being worthy of honour
the state or condition of being a slave; a civil relationship whereby
one person has absolute power over another and controls his life,
liberty, and fortune
private
war
disagreement
ancient
external
to diminish
inequality
national
a. danger
b. to quicken
c. many-sided
d. basic, primary
e. method(s)
f. safety
g. indispensable
h. behaviour
i. dispute
j. misfortune
k. obligation
l. power
m. to interfere
n. boundary
o. to assure
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
5. Fill in the gaps with the appropriate words from the table:
International law is not new. Nations (1).. always political and economic
treaties with each other. In the Medieval Europe, the Canon Law of the Catholic Church had
(2).. important role. Law Merchant regulated trade across political frontiers. In the fifteenth
century, the Church mediated between Spain and Portugal by dividing the world (3)..
their respective areas of interest. The 1648 Treaty of Westphalia, which called for equal
treatment (4).. of Protestants and Catholics, (5) be seen as an early
international human rights law. Nevertheless, most international law has been created in the
twentieth century. The League of Nations was set up after World War I (6)
disputes between nations. But it failed to stop the tension that led to World War II, partly
because some powerful countries did not join (USA) and others (7) when they
disagreed with its decisions (Germany, Japan). But it led to important international legislation
like the Geneva Convention on the treatment of prisoners of war and the 1951 Convention on
the Status of Refugees.
1
2
3
4
5
6
7
has made
an
in
anywhere
can
to have regulated
left
have made
the
to
everywhere
may
to have been regulated
had left
2.
3.
4.
5.
1. Like presept of international morality, the rules of international law are of a normative
.
, 1965 . , ,
(175 .),
. :
.
.
.
.
.
SUPPLEMENTARY
READINGS
LUCKY LUCIANO
Byname of Charles Luciano, original name Salvatore Lucania
Lucky Luciano (born Nov. 11, 1896, Lercara Friddi, Sicily, Italydied Jan. 26, 1962,
Capodicino Airport, Naples) the most powerful chief of American organized crime in the early
1930s and a major influence even from prison, 193645, and after deportation to Italy in 1946.
Luciano emigrated with his parents from Sicily to New York City in 1906 and, at the age
of 10, was already involved in mugging, shoplifting, and extortion; in 1916 he spent six months
in jail for selling heroin. Out of jail, he teamed up with Frank Costello and Meyer Lansky and
other young gangsters; he earned his nickname Lucky for success at evading arrest and
winning craps games.
In 1920 he joined the ranks of New York's rising crime boss, Joe Masseria, and by 1925
had become Masseria's chief lieutenant, directing bootlegging, prostitution, narcotics
distribution, and other rackets. In October 1929 he became the rare gangster to survive a oneway ride; he was abducted by four men in a car, beaten, stabbed repeatedly with an ice pick,
had his throat slit from ear to ear, and was left for dead on a Staten Island beachbut survived.
He never named his abductors. Soon after, he changed his name to Luciano.
The bloody gang war of 193031 between Masseria and rival boss Salvatore Maranzano
was anathema to Luciano and other young racketeers who decried the publicity and loss of
business, money, and efficiency. On April 15, 1931, Luciano lured Masseria to a Coney Island
restaurant and had him assassinated by four loyalists, Vito Genovese, Albert Anastasia, Joe
Adonis, and Bugsy Siegel. Six months later, on September 10, he had Maranzano murdered by
four Jewish gunmen loaned by Meyer Lansky. Luciano had carefully nurtured his contacts with
all the young powers in gangdom and had become capo di tutti capi (boss of all the bosses),
without ever accepting or claiming the title. By 1934 he and the leaders of other crime
families had developed the national crime syndicate or cartel.
Then, in 1935, New York special prosecutor Thomas E. Dewey bore down on Luciano,
gathering evidence of his brothel and call-girl empire and related extortion. In 1936 he was
indicted, tried, and convicted and was sentenced to Clinton Prison at Dannemora, N.Y., for a
30- to 50-year term. From his cell Luciano continued to rule and issue orders. In 1942, after the
luxury line Normandie blew up in New York Harbor, Navy intelligence sought Luciano's
help in tightening waterfront security. Luciano gave the orders; sabotage on the docks ended;
and in 1946 his sentence was commuted and he was deported to Italy, where he settled in
Rome. In 1947 he moved to Cuba, to which all the syndicate heads came to pay homage and
cash. But the pressure of public opinion and the U.S. narcotics bureau forced the embarrassed
Cuban regime to deport him.
He ended up in Naples, where he continued to direct the drug traffic into the United States
and the smuggling of aliens to America. He died of a heart attack in Naples in 1962 and was
buried in St. John's Cathedral Cemetery, Queens, N.Y.
MATA HARI:
A DUTCH DANCER ACCUSED OF SPYING
In the fall of 1917, a French military court sentenced the Dutch dancer known as Mata
Hari to death. Charged with spying for the German Reich, she was executed on October 15, in
Vincennes.
Was she guilty or not? While that question has dominated traditional historical debate, it
seems less significant than the fact that the cultural image-makers, catering to male fantasies,
turned Mata Hari into a legendary figure that fulfilled the stereotype of woman as evil
temptress
The daughter of a prosperous hatter, she attended a teachers' college in Leiden. In 1895
she married an officer of Scottish origin, Captain Campbell MacLeod, and from 1897 to 1902
they lived in Java and Sumatra. The couple returned to Europe but later separated, and she
began to dance professionally in Paris (1905) under the name of Lady MacLeod. She soon
called herself Mata Hari, said to be a Malay expression for the sun (literally, eye of the day).
Tall, extremely attractive, superficially acquainted with East Indian dances, and willing to
appear virtually nude in public, she was an instant success in Paris and other large cities.
Throughout her life she had numerous lovers, many of them military officers. The facts
regarding her espionage activities remain obscure. Because of her international background
and probably also due to her numerous affairs with military officers she began to associate
with various secret services on both sides. On 13 February, 1917, Mata Hari was arrested in her
room at the Hotel Plaza Athne in Paris. She was put on trial, accused of spying for Germany
and consequently causing the deaths of at least 50,000 soldiers.
She was held in Saint-Lazar prison while awaiting trial and interrogated no less than
seventeen times before facing an actual military jury. The prison had no baths so the only way
she could clean herself was in a small bowl that was sometimes brought to her cell. The
institution itself was generally filthy, something that greatly distressed the fastidious Mata Hari.
She was isolated from other prisoners. This may have been for her own protection since her
fellow inmates may well have wanted to exact their own justice upon a German spy but it
grated on the sensibilities of the extroverted suspect. Since her arrest was kept secret from the
public, she was not allowed to write to anyone. She was permitted no clean changes of clothing
and allowed only 15 minutes a day for solitary exercise outside of her cell.
Mata Hari wrote protests against the severe conditions of her confinement. In one such
missive she wrote, "You have made me suffer too much. I am completely mad. I beg of you,
put an end to this. I am a woman. I cannot support [what is] above my strength." In another she
pleaded, "I beg of you, stop making me suffer in this prison. I am so weakened by this system
and the cell is driving me mad. I have not done any espionage in France . . . Let me have
provisional liberty. Dont torture me here." She wrote in vain.
Finally she was found guilty and was executed by firing squad on 15 October, 1917, at the
age of 41.
During World War I, her frequent traveling across international borders and her varied
companions caused several countries to wonder if she was a spy or even a double-agent. Many
people, who met her, say that she was sociable but just not smart enough to pull off such a feat.
CESARE LOMBROSO:
AN ITALIAN PHYSICIAN AND CRIMINOLOGIST
Cesare Lombroso, 1835-1909, was an Italian criminologist and physician. In 1876 he
published a pamphlet setting forth his theory of the origin of criminal traits. In the study, later
enlarged into the famous L'uomo delinquente he compared anthropological measurements and
developed the concept of the atavistic, or born, criminal.
Lombroso popularized the notion of the born criminal through biological determinism,
claiming that criminals have particular physiognomic attributes or deformities. Physiognomy
attempts to estimate character and personality traits from physical features of the face or the
body. Whereas most individuals evolve, the violent criminal had devolved, and therefore
criminals were societal or evolutionary regressions. If criminality was inherited, then the born
criminal could be distinguished by physical atavistic stigmata, such as:
large jaws, forward projection of jaw, low sloping foreheads
high cheekbones, flattened or upturned nose
handle-shaped ears
large chins, very prominent in appearance
hawk-like noses or fleshy lips
hard shifty eyes, scanty beard or baldness
insensitivity to pain, long arms.
He attempted to construct a purported scientific methodology in order to predict criminal
behavior and isolate individuals capable of the most violent types of criminal activity.
Lombroso advocated the study of individuals using measurements and statistical methods in
compiling anthropological, social, and economic data . Along with the natural origin of the
crime and its social consequences, various remedies can then be provided to the criminal,
which would offer the greatest effects.
Lombroso claimed that the modern criminal was the savage throwback of "degeneration".
Lombroso concluded that skull and facial features were clues to genetic criminality. These
features could be measured with craniometers and calipers, and the measurements analyzed by
quantitative research. Lombroso assumed that whites were superior to non-whites by heredity,
and that Africans were the first human beings that evolved upwards and positively to yellow
then white. Racial development was signified by social progress from primitive to modern,
"only we white people have reached the ultimate symmetry of bodily form" Lombroso stated in
1871
Lombroso's studies of female criminality began with measurements of females' skulls and
photographs in his search for "atavism". He found that female criminals were rare and showed
few signs of "degeneration" because they had evolved less than men due to the inactive nature
of their lives. He asserted that women were lower on the evolutionary scale, more childlike,
and less intelligent. Lombroso argued it was the females' natural passivity that withheld them
from breaking the law, as they lacked the intelligence and initiative to become criminal.
Further, women who commit crimes had different physical characteristics, such as excessive
body hair, wrinkles, and an abnormal cranium.
However, Lombroso is still credited with turning attention from the legalistic study of
crime to the scientific study of the criminal. Lombroso advocated humane treatment of
criminals and limitations on the use of the death penalty.
BIBLIOGRAPHY:
1. Bradgate, R.; White, F. Commercial Law. USA: Oxford University Press, 2006.
1000 p.
2. Constitution of the Republic of Moldova, adopted on July 29, 1994. 35 p.
3. Martin, A. Oxford Dictionary of Law. Oxford University Press. 552 p.
4. Oprea, N. Curs de limba englez pentru studenii facultilor cu profil juridic. Buc.: