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ADINA RĂDULESCU A PRACTICAL ENGLISH HANDBOOK FOR LAW STUDENTS Intermediate Level

Descrierea CIP a Bibliotecii Naţionale a României RĂDULESCU, ADINA A Practical English Handbook for Law Students. Intermediate Level / Adina Rădulescu – Bucureşti, Editura Fundaţiei România de Mâine, 2006 128p.; 20,5 cm. Bibliogr. ISBN (10)973-725-608-5 (13)978-973-725-608-9 811.111:34

© Editura Fundaţiei România de Mâine, 2006

Redactor: Andreea DINU Tehnoredactor: Vasilichia IONESCU Coperta: Marilena BĂLAN Bun de tipar: 13.11.2006; Coli tipar: 8 Format: 16/61×86 Editura Fundaţiei România de Mâine Bulevardul Timişoara nr. 58, Bucureşti, Sector 6 Tel./Fax: 021/444.20.91; www.spiruharet.ro e-mail: [email protected]

UNIVERSITATEA SPIRU HARET DEPARTAMENTUL DE LIMBAJE SPECIALIZATE

ADINA RĂDULESCU

A PRACTICAL ENGLISH HANDBOOK FOR LAW STUDENTS Intermediate Level

EDITURA FUNDAŢIEI ROMÂNIA DE MÂINE Bucureşti, 2006

CONTENTS

PART I Unit 1. British Law vs. US Law ……………………………………...

7

Unit 2. Forms of Punishment ………………………………………..

16

Unit 3. The European Court of Justice – Composition and Structure …

24

Unit 4. Institutions of the Community ………………………………

32

Unit 5. Daily Telegraph ………………………………………………

39

Unit 6. Daily Telegraph ………………………………………………

47

Unit 7. Home Confinement …………………………………………..

53

PART II Unit 1. Student First Amendment Case …………………………….

59

Unit 2. Contempt of Court or Violation of Freedom of the Press?

67

Unit 3. The Role of Federal Courts in Balancing Liberties and Safety

75

Unit 4. United States Constitution: Amendments ………………….

81

Unit 5. Disclosure of Classified Information ………………………..

88

Unit 6. Health Care Fraud …………………………………………...

95

Unit 7. Identity Theft ………………………………………………... 103 Key to Exercises Part I ………………………………………………………………… 112 Part II ……………………………………………………………….. 114 Appendix A – Phrasal Verbs ………………………………………….. 116 Appendix B – English-Romanian Glossary of Legal Terms ………….. 121 Bibliography …………………………………………………………... 128

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PART I 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 17th-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 defendant’s 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 magistrates’courts 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 magistrates’court which is held separately from the other 7

courts. Sudden or suspicious deaths are investigated in a special coroner’s 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 Learner’s Encyclopedic Dictionary) 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 2. habeas corpus 3. writ 4. the prosecution

8

B a. a person against whom an action or claim is brought in a court of law. b. a lawyer who has been called to the bar and is qualified to plead in the higher courts. c. the judicial review by a superior court of the decision of a lower tribunal. 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.

C m. ordonanţă, hotărâre judecătorească n. apărarea o. Barou p. avocat însărcinat cu procedura, jurisconsult

5. defendant

6. the defence

7. solicitor 8. barrister

9. the Bar 10. Inns of Court 11. coroner

12. appeal

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. 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. g. a public official responsible for the investigation of violent, sudden, or suspicious deaths. h. the institution and conduct of legal proceedings against a person

q. drept comun

r. clădiri londoneze aparţinând la patru societăţi juridice s. procuratura, acuzarea

t. medic legist şi procuror însărcinat cu cercetarea penală a deceselor suspecte i. the body of law based on u. avocat judicial decisions and custom, as pledant distinct from statute law. j. all those who belong to the v. habeas corpus profession of barrister. k. a writ ordering a person to be w. apel, recurs brought before a court or judge, especially so that the court may ascertain whether his detention is lawful. l. the defendant and his legal x. acuzat, advisers collectively. inculpat, pârât 9

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. 2. 3. 4. 5. 6. 7. 8. 9.

There was enough ………. to prove him guilty. Has the jury reached a ………..? The client has decided not to ………. . The police are there to enforce the ……. . What ……….. has he committed? I think that the criminal will be brought to …….. . I never break the …….. . I am a …… -abiding citizen. Have you any ……… to support this statement? After the jury has announced the ……, you may have the right of ……… . 10. He is now forced to stand …..…… 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 vinovăţia cuiva 1. a stabili un verdict 2. a pune în aplicare legea 3. a comite o infracţiune 4. a fi acţionat în justiţie 5. a încălca 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 în curs de judecare (un caz) 10. a acţiona pe cale legală 10

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

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 b) an arsonist c) an embezzler d) a poacher 2. ................ means catching game birds, animals or fish without permission on somebody else’s property. a) hunting b) stealing c) trespassing d) poaching 3. A person who enters a building illegally, especially by force, in order to steal. a) a burglar b) a robber c) a hooligan d) a vandal 4. A person who steals money, etc from other people’s pockets, especially in crowded places. a) a thief b) a pickpocket c) a shoplifter d) a robber 5. The judge has pronounced ..........…………............... of ten years’imprisonment. a) an accusation b) a punishment c) a sentence d) a conviction 6. 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. a) solicitor b) prosecutor c) judge d) barrister 11

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 prudenţă – 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 12

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

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

17. 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 d) have __ been 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 13

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

B = a executa o sentinţă a. a comuta o pedeapsă b. cu domiciliu forţat c. a fi eliberat pe cauţiune d. a suspenda o sentinţă e. a depune un jurământ f. a renunţa la toate acuzaţiile g. a pronunţa o sentinţă h. a urmări în justiţie i. a fi arestat j. a fi pus în 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

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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 Continuous 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 italics: 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) 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 Continuous) 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) 15

UNIT 2 FORMS OF PUNISHMENT

When people are sent to prison in Britain after being found guilty of a crime, they are 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 year’s 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 16

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 person’s 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 Learner’s Encyclopedic Dictionary) I. State whether the following sentences are true or false and correct the false ones: Example: A person sentenced to a year’s imprisonment will normally be released after five months. → FALSE CORRECTION: A person sentenced to a year’s 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. → 17

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 halfsentences 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 year’s imprisonment will … 4. Prisoners that are guilty of serious crimes will remain … 5. A prisoner sentenced to three years’s imprisonment … 6. The less severe forms of punishment are: … 7. Community service involves … 8. Typical exemples of community service are … 9. One of the trivial offences we can mention… 10. For a trivial offence, … 11. If parole conditions are abused, … 18

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. h. … normally be released after eight 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.

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 …

l. … is drunk and disorderly behaviour. m. … a fine, probation, or community service.

n. … painting an elderly person’s house or building a playground for children. 15. If the offender fails to ‘keep o. … the offender is liable to be the peace’, he or she will … recalled to prison. III. Choose the correct meaning of the following expressions selected from your text: 1. ‘To be eligible for a remission’ means: a) to deserve to be punished for a remission. b) to be unworthy or unfit for a remission. c) to have the right or proper qualification for a remission. 2. ‘To be liable for punishment’ means: a) to be legally obliged or responsible for something and be punished accordingly. b) to be suspected of an offence and be punished for it. c) to deserve a form of punishment. 3. ‘To observe a condition’ (in the context of its use) means: a) to listen to a condition but not to respect it. b) to notice a condition carefully. c) to legally respect an official law. 4. ‘To carry out a crime’ means: a) to bring to completion, to accomplish a crime. b) to be acquitted for a crime. c) to serve a sentence for committing a crime. 5. ‘To bind somebody over’ means: a) to make sb. take an oath that he will respect the law. b) warn sb. that he will apear in court again if he breaks the law. c) to punish sb. for breaking the law. 19

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. pedeapsă cu suspendare c. delict, infracţiune d. incendiere premeditată e. reducere de pedeapsă, graţiere f. muncă în interesul comunităţii g. ofiţer de poliţie însărcinat cu supravegherea unei persoane eliberate condiţionat h. condamnare pe viaţă i. contravenient j. eliberare condiţionată

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 (infracţiune gravă/act criminal) and those that belong to the class of MISDEMEANOUR (delict/infracţiune minoră). These two legal terms felony – misdemeanour were known to have imposed two different forms of trial in England and Wales until 1967. 20

armed robbery shoplifting arson libel attempted murder high treason manslaughter pickpocketing adultery burglary kidnapping rape embezzlement prostitution bigamy petty larceny terrorism extortion/blackmail bribery smuggling poaching trespassing forgery perjury grand larceny indecent exposure treason 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 21

4. ..................... is the false making or altering of any document that either has legal significance or is commonly relied upon in business transactions. 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 22

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 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) hasn’t been b) wasn’t c) hadn’t been d) wouldn’t 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) wasn’t b) haven’t been c) won’t be d) hadn’t 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 23

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. 24

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) I. Fill in the gaps with the missing words from the text: 1. Luxembourg is the seat of the actual ...................................... . 2. 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 ............... .............................. . 25

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: ______________________________________________ 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: ______________________________________________ 26

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 in italics: 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. ________________________________________________________ ________________________________________________________ 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. ________________________________________________________ ________________________________________________________ ________________________________________________________ 27

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 = 3. to sit = 4. to convene a meeting/session = 5. to convene a person before trial/ to summon sb. = 6. to run for a post/an office = 7. to stand for Parliament = 8. to dissolve Parliament = 9. to hear a case/a witness = 10. to dismiss a case = 28

1. a fi numit într-o funcţie/poziţie 2. a fi ales 3. a fi în şedinţă, a se întruni 4. a convoca o întrunire/şedinţă 5. a cita o persoană să se prezinte la tribunal 6. a-şi depune candidatura pentru un post/funcţie 7. a candida pentru Parlament 8. a dizolva Parlamentul 9. a audia un caz/un martor 10. a declara un caz închis

1. The Minister of Justice is going to ................... presidency. 2. The debtor was .................... to appear before the magistrates. 3. 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. a) confiscated b) denied c) removed d) deprived 29

7. If you can’t 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 didn’t 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 30

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. 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

31

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 party’s 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 Court’s judgement within the time-limit laid 32

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. (Blackstone’s EC Legislation, Edited by Nigel G. Foster) 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 =

B a. a nu prejudicia b. a împiedica/a nu permite c. a prevedea/stabili/specifica d. a îndeplini o obligaţie

e. a impune o plată forfetară sau o amendă 6. to be given the opportunity = f. a se conforma/a respecta 7. to submit a case to = g. a supune o problemă atenţiei 8. to prevent smth. from + v-ing = h. a transmite o opinie întemeiată 9. to comply with = i. a intenta un proces cuiva 10. to lay (laid, laid) down = j. a supune un caz spre examinare 11. to impose a lump sum or a k. o presupusă încălcare/violare a penalty payment = unei obligaţii 12. to be without prejudice to = l. a i se da şansa

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. 33

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? 7. The new legislation prevented him from …………………………. 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) = infracţiune, violare, încălcare (a unei convenţii) violation (of) = violare, abuz, încălcare, contravenire (la o regulă) infringement of = infracţiune, violare, abuz, încălcare, reproducere ilicită to break (the law) = a încălca (legea), a nu respecta

breach of violation of infringement of to break (a/an)

breach of violation of infringement of to break (a/an) 34

contract copy-right a treaty (the) trust sb’s promise peace privacy 9

the law human patents confidence sb’s protocol highway rights liberty code

IV. Choose from the collocations in exercise III. the English equivalents for the following Romanian expressions and then use them in your own sentences: abuz de încredere = ________________ încălcarea ordinii publice = ________________ violarea secretului = __________________ reproducere ilicită a dreptului de autor = _______________________ reproducere ilicită 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 b) doctor c) coroner d) judge 3. He was caught ..................... stealing money from the cash-box. a) red-handed b) heavy-handed c) light-fingered d) heavy-set 4. You can’t have burgled the house alone, so who was your ............... ? a) ally b) accomplice c) assistant d) associate 5. Wilkinson is alleged to have ................... a number of serious crimes. a) done b) made c) committed d) discharged 6. ‘I object, Your Honour, the lawyer is ................. the witness!’ a) harassing b) intimidating c) offending d) leading 7. The man jumped out of the window and committed ................ a) death b) homicide c) murder d) suicide 8. The police said there was no sign of a .......... entry even though the house had been burgled. a) broken b) burst c) forced d) smashed 35

a) on

9. He was placed ............ house arrest for his own safety. b) in c) under d) within

10. 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. 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) shouldn’t b) mustn’t c) needn’t d) can’t 4. He ................ have committed the crime! He was immobilized in bed at that time! a) mustn’t b) couldn’t c) wouldn’t d) shouldn’t 5. I am sorry you didn’t ask for help; I ....................... introduced you to my lawyer. a) can’t have b) must have c) could have d) was able to 36

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) couldn’t have b) mustn’t have c) needn’t have d) may not 10. Any Member State .......... comply with the judgements of the European Court of Justice. 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 inability possibility remote possibility impossibility permission obligation absence of obligation necessity prohibition logical assumption (affirmative) logical assumption (negative) advice criticism requests offers suggestions regulations Example: The Court of Justice shall have jurisdiction in any dispute between Member States. → regulations 1. The parties to the proceedings may appeal to the Court of Justice. → ____________ 2. He couldn’t testify against an innocent man. → ______________ 3. I need to find a very good lawyer to get me out of prison. → _______________ 4. He couldn’t have been convicted to capital punishment; he was just a pickpocket. → _____________ 37

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 can’t 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 don’t have to recess for deliberation if the verdict is obvious. → _______________ 17. You mustn’t smoke in hospitals and airports. → _____________

38

UNIT 5 DAILY TELEGRAPH

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 39

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 fiancée after a row over doing the laundry was told yesterday that he would serve at least 16 years in prison. 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 Valentine’s 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 Nelson’s 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. 40

1. Paul Dyson was given a life sentence for a double rape. __ 2. Amir Butt was a 24-year-old policeman who sexually assaulted women in his car. __ 3. Graham Price stole £15 million from 84 mainly elderly private investors. __ 4. Lee Walker was a former soldier fighting in the Gulf war. __ 5. Paul Dyson committed suicide in prison, after he was convicted. __ 6. When brought before justice, Graham Price rejected all theft charges. __ 7. Amir Butt offered a lift home to women who left their office too late to catch the bus. __ 8. Paul Dyson’s fiancée was called Joanne Nelson and was 22 yeards old. __ 9. Paul Dyson killed his fiancée 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 fiancée’s 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 fiancée in cold blood. __ 15. Graham Price became a bank robber because he needed money for his fiancée’s surgery. __ III. Pair-work: Take turns in answering your colleague’s questions by scanning the texts for information: 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? ________________________________________________________ 41

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 fiancée’s body? ________________________________________________________ 9. How did Paul Dyson die? ________________________________________________________ 10. When was Miss Nelson’s 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: 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

42

ACTIVE VOICE charge is/are examining sentenced was/were interrogating has/have found had released will/shall include will/shall have admitted would reject would have arrested practising to convict to have committed

PASSIVE VOICE am/is/are charged is/are being examined was/were sentenced was/were being interrogated 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. 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. 43

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 ……………. 44

10. They wouldn’t 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 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. After the verdict ............................., the case ............................ by the judge. a) had been pronounced, was dismissed b) will be pronounced, will be dismissed c) will have been pronounced, has been dismissed d) 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 c) 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 45

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. 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 încă la nici o concluzie cu privire la noua lege a adopţiei. a) No conclusion hasn’t 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. 46

UNIT 6 DAILY TELEGRAPH

Iraqi Jailed Over British Aid Worker Killing 1. Life in prison for the abetter of Margaret Hassan’s kidnappers

C

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. 47

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.

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)

48

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 Hassan’s kidnappers D. The British Government’s strategy of assuming political distance E. Finding evidence against Mustafa Salman F. Iraqi citizen killed due to her British nationality? G. Margaret Hassan’s family blame the British Government for her death. H. The British authorities fail to comfort the grieved family.

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 Hassan’s purse and documents in his house? A. He wanted to ask Margaret’s family for a ransom. B. The purse contained valuable possessions that he intended to sell. C. Margaret Hassan’s purse and documents had been placed under his care. D. Mustafa’s associates threatened to kill him if he didn’t 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 Margaret’s release. B. They needed an intermediary to establish a contact with the British Embassy. C. They wanted Margaret’s family to put some pressure on the British Government. D. They wanted to put Margaret’s future execution down to the British Government. 49

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 didn’t 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. D. Opening a dialogue with the kidnappers meant withdrawing military forces from Iraq. 5. Margaret’s 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 … 50

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.

5. Despite the fact that Margaret’s e. … Mustafa Salman could be appeals could have been her last, taken into police custody. … 6. To put it briefly, … f. … the British Government didn’t take any military or political action. 7. I am inclined to believe that g. … but a terrorist way of from now on, … negociating military and political issues. 8. The hostage-takers didn’t obtain h. … establishing a contact with what they wanted, consequently, the British Embassy. … 9. It is my firm belief that i. … Margaret was another hostage-taking is nothing … vitctim of Iraqi terrorism. 10. That is to say, if a citizen of a j. … they executed the useless certain nationality is kidnapped, hostage. … IV. Choose the correct preposition: 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 journalist’s 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 51

9. The attack, attributed …... a new terrorist group, had many casualties. 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. 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 c) 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 52

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 53

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 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

2. parole 3. supervised release 4. pretrial release 54

B 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. b. One of a number of people living together, especially in a hospital, prison or some other institution. c. The penalty laid down in a law for contravention of its provisions. d. Custody or confinement, especially of a suspect awaiting trial.

5. detention

6. sanction

7. inmate

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. 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. 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: 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. ___ 55

III. From the verbs in column A, derive the corresponding nouns (column B) and adjectives (column C), using the suffixes given: A

B

C

Verbs

Nouns: -ance, -ion, -ment, -al, -er punishment, punisher

Adjectives: -ed, -ing, -able, -ive punished, punishable, punishing

1. to punish 2. to confine 3. to sentence 4. to release 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 confinement. The individual wears a tamperresistant ……………. on 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 of the receiver/dialer unit, that unit calls a monitoring center to indicate that the person is in range, or at home. The person must stay within 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. 56

MONITOR TRANSMIT FREQUENT RECEIVE CONSIDER

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? 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: A trial criminal petit first death community

B offender lines health lifting matters esteem 57

mental guide member probation citizen tax shop self man Example: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

58

trial courts ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

ship courts exempt slaughter jury work officer penalty state

PART II 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. 59

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. 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 equivalents in column B: A 1. to submit an article for publication = 2. to feature (stories) (of publications) = 3. to state one’s concerns = 4. to protect one’s anonymity =

B a. a proteja anonimatul cuiva b. a afirma (fără dovezi), a pretinde

c. a aproba centiorari (vezi nota) d. (despre publicaţii) a evidenţia, a pune în prim plan (povestiri) 5. to prohibit an article from e. a face un apel/recurs la o instanţă being published = superioară 6. to go to press (of an article) = f. a înainta un articol spre publicare 7. to allege = g. a audia apeluri/recursuri 8. to appeal to = h. a-şi exprima îngrijorarea 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 sentinţă judecătorească 60

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? ________________________________________________________ 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 prohibit 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? ________________________________________________________

61

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 (judecători ai Curţii Supreme). One justice is designated as the Chief Justice (preşedinte 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 (petiţionar/solicitant), while Kuhlmeier is known as the respondent (reclamat/pârât). Other roles: a court timekeeper (cronometror) and a marshal (mareşal al curţii). • Procedure: two lawyers from the petitioner’s 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). 62

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 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. 63

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? VI. Translate into Romanian the conditional sentences written in italics from the chart below; reading the note below, you will get 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: 64

Types Type I

Type II

Type III

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

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

Present tense simple If the defendant pleads guilty,

Modal verbs he must/should be sent to prison.

Present tense simple If you get tired,

Imperative take a break and then start again.

he will be prosecuted.

Past tense simple/continuous

would/ could/ should/ might + short infinitive

If I were you,

I would try the new procedure.

If he had more time,

he could come to see me in Court.

If she did what her lawyer says,

she might have a chance to win the trial.

Past perfect simple/continuous

would/ could/ should/ might + have + past participle

If he had been innocent,

he wouldn’t have hidden the murder weapon. the girls’private lives would have been violated. I could have helped him to be released on bail.

If they had published the article, If I had known more about his intentions,

Meaning

Real situation, present or future oriented

Unreal, hypothetic situation, present or future oriented, unlikely to happen

Imaginary situation, past oriented (regrets, unfulfilled plans, wishes to change the past)

65

VII. Fill in the gaps with the verbal constructions in the box to complete the following conditional clauses: had let will return might have had had been sentenced fail could get had announced made would ask 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 don’t meet this obligation, you ……………… to this court for a harsher sentence. 4. If you ……………….. us on time about your illness, we wouldn’t 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.

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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. 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. Branzburg’s sources allowed the journalist to use their initials only. ___ 67

2. Branzburg’s sources accepted to cooperate with the journalist provided that they were not identified. ___ 3. If Branzburg’s articles had not been published, he wouldn’t 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 Branzburg’s argument points on the case, while the right column contains the judge’s 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 journalist’s viewpoint and states that the freedom of the press is not above the law. Argument Points Branzburg (Reporter) 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 68

Hayes (Judge Overseeing a Grand Jury) Freedom of the Press 1. The First Amendment’s 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

their confidential sources before a grand jury, they will not be able to publish such stories, and the press will not truly be free.

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 journalist’s 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. 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 journalist’s work. For instance, police may not have been aware of the extent of the drug problem in this case without Branzburg’s 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.

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. 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. 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 citizenry’s right to have law enforcement personnel effectively fight crime? Sometimes freedom of the press must yield to the citizenry’s right to be free from crime. 69

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 information that could subject others to public ridicule.

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 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 identităţii surselor jurnaliştilor. 2. În conformitate cu legea, dacă un jurnalist este adus în faţa Curţii, el va trebui să depună mărturie în legătură cu cazurile despre care deţine informaţii neoficial. 3. Este datoria presei să semnaleze Curţii acele cazuri suspecte care ar face obiectul jurisdicţiei sale? 4. Dacă un jurnalist alege să fie fidel sursei sale, aceasta înseamnă neapărat că jurnalistul respectiv comite o încălcare a legii? 5. Se face Branzburg vinovat de sfidare a curţii prin faptul că a refuzat să dezvăluie identitatea surselor sale? 6. Dacă procurorii ar încălca legea şi ar comite abuzuri, şi ei ar fi pedepsiţi în mod corespunzător de instanţe superioare de judecată. 7. Dacă ar fi să alegeţi între protejarea libertăţii presei şi oferirea de informaţii necesare pentru rezolvarea unui caz anchetat, pentru ce aţi opta şi de ce? 70

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 wouldn’t 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 respondent’s lawyer, they ……………………………… (vote) in his favour. 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. 71

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 b) will believe, may have c) believes, may have d) has believed, will have 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 ……………… . a) finds, is released b) will find, is released c) has found, had been released d) found, will be 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 72

9. If you ………….. the devil’s advocate and ……………. some exceptions to the lawyers’argument, we could have won our last case. a) have played, (have) found b) play, find c) would have played, (would have) found d) had played, (had) found 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 c) might then determine d) would then have determined 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 b) has conducted c) conducted d) would have conducted 15. If a journalist’s 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 b) knows, will be c) is known, will be d) will know, will be 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 73

17. Unless you …………. things out, we shall have to go to court. a) don’t work b) work c) will work d) won’t 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 journalist’s 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 b) is conducting c) had been conducting d) will be conducting

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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. 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 75

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: • a fi băgat la închisoare pe nedrept = __________________________ • a contesta legalitatea = _________________________________ • a înainta o petiţie către Curte = ___________________________ • a emite o hotărâre/ordonanţă judecătorească = __________________ • a-şi atinge scopul = __________________________ • a cântări/evalua = _____________ • a ceda (în faţa/în favoarea) = ______________ • limitarea libertăţii de expresie = _____________________________ • pierderea drepturilor de proprietate = _________________________ 76

II. Match the Latin legal terms in column A with their English explanatory definitions in column B: A B 1. (writ) capias a. ‘do not leave the country’ interdiction (mandat de aducere) addressed to 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. ‘eason of the law’: the principle behind a law; 6. nolle prosequi f. ‘n fact’: as a matter of fact; 7. per incuriam g. ‘on its own’ or ‘alone’; 8. per procurationem h. a writ ordering a person to be brought before a court or judge, esp. so that the (per pro) 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; 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 didn’t 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. 77

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 released 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. 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 78

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. Let’s ............. 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 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 79

13. We are sure that he didn’t 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 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 doesn’t 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 ex-convicts …….. (9. be) dangerous people. That’s 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.

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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] 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 81

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: 1. Amendment IV prohibits: a) the security of people’s lives, houses, papers and effects; b) any unauthorized searches and seizures without a valid warrant, legally issued for a specific purpose; c) people’s rights to offer resistance to having their houses serched without a valid warrant. 82

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 criminal’s rights during the criminal proceedings; b) the witnesses’right to decide whether to appear or not in a criminal trial; c) the public’s 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; 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 be denied condition of by the United servitude. States to vote The right on account of or abridged shall not by any State race, or the United or color, 83

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: it’s no use/good, it’s (not) worth, there’s no point (in), feel like, can’t stand/bear, can’t 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: 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. It’s no good …………………………… It’s no good trying to be friendly with everybody. 84

1. My boss really detests……………………………………………... 2. She does enjoy ……………………………………………………. 3. I can’t 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. It’s no use …………………………………………………………. 8. I am sure that it’s not worth ………………………………………. 9. If you think this is worth ……………….……………… , then ……………………….. 10. There’s no point in ……………………………………………….. 11. Old people can’t 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 can’t 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. 2. 3. 4. 5. 6. 7. 8. 9. 10.

The man was charged with …………………………………..….. . The President has never been suspected of …………………..…… She admits ……………………………………………………..….. We really appreciate your …………………………………..…….. I remember ………………………………………………………... He will never forgive my …………………………………………. Do you recall ……………………………………………………… They hold him responsible for ……………………………………. You should be ashamed of yourself for ………………………….. In spite of …………………..……………………… , the prisoner …………… 85

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 don’t 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? It’s no use .................... for the witness!’ a) to wait b) having to wait c) waiting d) wait 6. ‘I’m 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 couldn’t help ...................... that the defendant showed no remorse. a) not to notice b) not having noticed c) noticing d) notice 11. I don’t intend ...........………......... according to the wishes of this jury. a) to act b) acting c) to have acted d) act 86

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. 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) trespass 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

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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. 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 88

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 one’s ears drop; b) to listen secretly to the private conversation of others; c) to whisper secrets to someone’s 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. 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. 89

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? ________________________________________________________ 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 90

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. Suppose they ……….. (offer) to reduce your prison sentence, would you co-operate? Suppose they offered to reduce your prison sentence, would you co-operate? I’d rather she ……….. (spend) the rest of her life in jail than sell drugs for a living. I’d 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. I’d 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. 91

7. It’s 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. I’d 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. I’d rather they …………..…….. (vote) the fifth Amendment to the Constitution many centuries ago. I’d 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. I’d rather the jury ………….. (prove) beyond any reasonable doubt that the defendant of guilty of tax evasion. 4. If the plaintiff ………………. (submit) all his claims on time, the court would have discussed them in full session. 92

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 kid’s 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. I’d rather you ……………… to your parents that I am an ex-convict. a) don’t mention b) didn’t mention c) haven’t mention d) won’t 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. It’s 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 it’s 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 93

8. It’s 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. They’d 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.

94

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 patients will willingly undergo “unnecessary and unwarranted medical procedures to generate fraudulent claims and profits”. 95

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 herein hereby hereunder henceforth notwithstanding

= stated later in this document = in this document = in this way or by this letter = under this heading or below this phrase = from this time on = in spite of

= menţionat în continuare (într-un document) = aici, în acest document = prin aceasta, în felul acesta = mai jos = de acum înainte, în viitor = deşi, 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 2. to oversee the investigation 3. the forfeiture of assets 4. to defraud 5. billing for service not rendered 6. reimbursable service 7. kickback 96

B a. a defrauda/înşela/escroca b. a executa separat teste/servicii în vederea taxării unor tarife mai mari c. serviciu rambursabil d. taxări frauduloase e. fraudă în cadrul sistemului medical f. a fi supus unor proceduri medicale nejustificate g. lezare corporală gravă

8. to unbundle tests/services to generate higher fees 9. outpatient surgery fraud 10. fraudulent billings 11. to undergo unwarranted medical procedures 12. serious bodily injury

h. a supraveghea/controla investigaţia i. mită/bani daţi contra unui serviciu j. confiscarea bunurilor k. fraudarea serviciilor operatorii pentru pacienţii externi 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 1. to investigate 2. to forfeit 3. to facilitate 4. to engage 5. to estimate 6. to involve 7. to incorporate 8. to punish 9. to injure 10. to render

nouns 1. investigation 2. 3. 4. 5. 6. 7. 8. 9. 10. 97

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? ________________________________________________________ 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. What reasons do medical professionals have to risk patient harm in committing frauds? ________________________________________________________ V. Translate the following fragment into Romanian: “Current fraud schemes consist of traditional schemes that involve fraudulent billing, but also incorporate unnecessary surgeries, diluted 98

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. 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. 99

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. It’s incredible that he …………………… (go) away with murder after so much effort had been invested in finding hard evidence! 12. It’s ridiculous that you ………………… (miss) the only testimony that was worth hearing. 13. It’s 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. It’s 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. 100

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 God’s 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 don’t 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 101

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 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 didn’t 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 102

UNIT 7 IDENTITY THEFT

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 devices during any one-year period, and, by doing so, obtain anything of value aggregating $ 1,000 or more during that period; 103

• 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; • 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; 104

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 one’s debts by running; b) to pay back one’s 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; 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 = __________________________ 105

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 _____________________________ ________________________________________________________ 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”. 106

________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ™ 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. 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 take in = to deceive [not to bring in] I think you should cut down your traveling expenses. to cut down = to reduce We arranged to meet in front of the cinema but she didn’t turn up. to turn up = to 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 book up think over wear out

cut down on cut somebody off let somebody down put something down to

do away with check in break away hold on come up with call off break off 107

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? ________________________________________________________ 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. ________________________________________________________ 108

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. 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 don’t 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 employee’s 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 109

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 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 110

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 a) out

19. We can’t rule….. this argument for the final hearing. 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 a) in

21. You are wearing me …… with your annoying questions! 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 don’t 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

111

KEY TO EXERCISES

PART I 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, don’t you talk; 3. has decided; 4. have you accepted; 5. came, asked, told, didn’t seem; 6. was waiting, realized, was watching, decided; 7. has been presiding, is retiring; 8. didn’t 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. 112

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. 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 decided; 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; self-esteem; manslaughter. 113

PART II 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. hadn’t 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. IV. 1. didn’t 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. 114

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. hadn’t 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. shouldn’t approach; 7. shouldn’t 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, shouldn’t 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.

115

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 116

AWAY 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 come in = to become fashionable come into = to inherit check in = to register as a guest at a hotel drop in = to visit unexpectedly 117

eat into sth = to consume a part of sth; destroy, 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) 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 118

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; 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 119

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 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

120

APPENDIX B ENGLISH-ROMANIAN GLOSSARY OF LEGAL TERMS

affray amnesty appeal armed robbery arsonist, arson assault and battery Attorney General bail, to bail smb. barrister beyond reasonable doubt boodle breach (of) bribery capital punishment case law civil law common law community work/service contempt of court conviction coroner counsel counsel ex officio (to assist a poor person) count county court Court martial

tulburare a ordinii publice amnistie apel, recurs jaf armat incendiator, incendiere premeditată molestare şi ultraj Procuror general cauţiune, a elibera pe cauţiune avocat pledant, de obicei în instanţele superioare în afară de orice îndoială justă şperţ, mită infracţiune/ violare/ încălcare (a unei convenţii) mituire/ luare de mită pedeapsă capitală precedent juridic, jurisprudenţă drept civil drept comun, cutumier muncă în interesul comunităţii sfidarea curţii condamnare medic legist şi reprezentant al parchetului, anchetând cazuri de deces violent consilier juridic avocat din oficiu cap de acuzare instanţă judecătorească civilă competentă în cercetarea micilor debite Curte marţială 121

Court of appeal crime criminal jurisdiction crime rate criminal record cross-examination Crown Court death penalty decree law defence attorney (US) defendant delinquent deterrent dock duress electoral law embezzler extenuating circumstances/ mitigating circumstances extortion/blackmail felony fine firebug first offender forensic evidence forensic medicine Grand Jury grand larceny hard evidence hardened criminal/recidivist hearing home confinement hush-money identity theft incriminating evidence indictment infringement of 122

Curte de apel delict, infracţiune, crimă jurisdicţie penală rata criminalităţii cazier judiciar contra-interogatoriu Curte de justiţie criminală (în Anglia) pedeapsa cu moartea decret cu putere de lege avocat inculpat/pârât delincvent pedeapsă folosită ca mijloc de intimidare pentru a împiedica pe cineva să mai comită infracţiuni banca acuzaţilor privare de libertate lege electorală delapidator circumstanţe atenuante jecmănire, şantajare infracţiune gravă/act criminal amendă piroman delicvent aflat la prima infracţiune expertiză medico-legală medicină judiciară Înalta Curte cu Juraţi (SUA) furt peste o anumită valoare probe materiale criminal înrăit/recidivist audiere arest/detenţiune la domiciliu mită/cumpărare a tăcerii cuiva care să nu denunţe furt de identitate probe incriminatorii incriminare, punere sub acuzare infracţiune, violare, abuz, încălcare, reproducere ilicită

Inns of Court International Court of Justice involuntary manslaughter judge judgement in civil matters judgement in criminal case judgement by default jurisconsult jurisprudence juror jury jury box jury duty jury-panel kickback larceny law-breaker law court/court of law law expenses law giver/maker law term law-abiding (citizen) lawsuit legal adviser legal aid legal proceedings libel life sentence magistrate manslaughter martial law miscarriage of justice misdemeanor mugging/assault murder attempt/attempted murder offence offender

clădiri londoneze aparţinând la patru societăţi juridice Curtea Internaţională de Justiţie omor prin imprudenţă judecător sentinţă civilă sentinţă penală sentinţă dată în lipsă jurisconsult jurisprudenţă, ştiinţa dreptului jurat juriu banca juriului obligaţia de a face parte din componenţa curţii cu juraţi lista juraţilor mită/bani daţi contra unui serviciu furt contravenient instanţă de judecată, tribunal cheltuieli de judecată legiuitor termen juridic (cetăţean) care respectă legea proces civil consilier juridic asistenţă judiciară urmărire judiciară calomnie (în scris) condamnare pe viaţă magistrat omor prin prudenţă lege marţială eroare judiciară infracţiune, delict agresiune, atac tentativă de crimă delict/infracţiune delincvent/infractor 123

on parole on probation outlaw penalty perjury petitioner Petit Jury petty crime petty larceny pickpocket plaintiff plea poacher post-mortem previous convictions probation probation officer prosecution prosecutor/district attorney pursuant to rationale rebuttal recovery of judgement remission respondent retrospective law rules of procedure search warrant seizure of real estate shoplifting, shoplifter slander smuggler solicitor solitary confinement statement 124

eliberat din închisoare pe cuvânt de onoare/pentru o conduită ireproşabilă pus în libertate sub supraveghere proscris pedeapsă, amendă sperjur/mărturie falsă petiţionar/solicitant Curte cu juraţi ce cercetează anumite infracţiuni (SUA) infracţiune minoră furt de lucruri mărunte hoţ de buzunare reclamant (civil) pledoarie în apărare braconier autopsie condamnări anterioare eliberare condiţionată ofiţer de poliţie însărcinat cu supravegherea unei persoane eliberate condiţionat acuzarea, procuratura procuror conform cu/potrivit cu argumentare/explicare raţională dovadă contrarie câştig de cauză reducere de pedeapsă, graţiere reclamat/pârât lege retroactivă procedură judiciară mandat de percheziţie sechestru imobiliar furt din magazine, hoţ de magazine calomnie contrabandist avocat consultant, însărcinat cu procedura, care are voie să pledeze numai în anumite instanţe inferioare izolare la carceră declaraţie, depoziţie

statute law suspended sentence the Bar to abduct, abduction, abductor to abet, abetter to appear in court to be caught red-handed to be placed under investigation to be remanded/released on bail to be tried in one’s absence to break in, a break-in to bring an action (against) to bring to court to bring to trial to burgle, burglary, burglar to commit a crime to commute a sentence to comply with to convene a meeting/session to convene a person before trial/ to summon sb. to counterfeit, counterfeit to defraud to dismiss a case to drop a charge to embezzle, embezzlement, embezzler to enforce a judgement to enforce the law to exonerate, exoneration to file against the plaintiff to find for the plaintiff to forfeit, forfeit/forfeiture

drept scris condamnare cu suspendare Barou a răpi (persoane), răpire, răpitor a fi complicele (cuiva), complice a fi adus în faţa justiţiei a fi prins asupra faptului a fi pus sub urmărirea poliţiei a fi eliberat pe cauţiune a fi judecat în lipsă, în contumacie a pătrunde prin efracţie, o efracţie a intenta o acţiune în justiţie a urmări în justiţie a aduce la tribunal a comite o spargere, spargere/furt prin efracţie, spărgător a comite un delict/o crimă a comuta o pedeapsă a se conforma/a respecta a convoca o întrunire/şedinţă a cita o persoană să se prezinte la tribunal a contraface/falsifica, contrafacere/falsificare a defrauda/înşela/escroca a declara un caz închis a renunţa la o acuzaţie a delapida, delapidare, delapidator a pune în execuţie o hotărâre judecătorească a pune în aplicare legea a exonera/disculpa, exonerare/dezvinovăţire a pronunţa sentinţa împotriva reclamantului a pronunţa sentinţa în favoarea reclamantului a pierde un drept (asupra unui lucru) ca urmare a unui delict penal, confiscare, dezicere, amendă 125

to forge, forgery, forger to fulfil an obligation to give smb. the benefit of the doubt to hear a case in camera to hear a case/a witness to hold up, a hold-up to impose a lump sum or a penalty payment to institute/take legal proceedings against smb. to issue a photofit picture to issue a writ to kidnap, kidnapping, kidnapper to lead a witness to mug/ to assault to murder, murder, murderer to petition a court to poach, poacher to prosecute to rape, rape, rapist to ratify, ratification to receive a jail sentence to remand in custody to reverse a ruling to rob, robbery, robber to seize, seizure to serve a sentence to serve a writ/subpoena to serve one’s sentence to settle out of court to sit (of a court) to smuggle, smuggling, smuggler to submit a case/file to to subpoena a witness 126

a contraface/falsifica, contrafacere, falsificator a îndeplini o obligaţie a considera pe cineva nevinovat a audia un proces cu uşile închise a audia un caz, un martor a ataca pentru a jefui (automobile), un atac banditesc/un hold-up a impune o plată forfetară sau o amendă a acţiona pe cineva în justiţie a publica un portret-robot a emite o hotărâre/ordonanţă judecătorească a răpi, răpire, răpitor a pune întrebări tendenţioase unui martor a ataca, a agresa a asasina, asasinat, asasin a înainta a cerere/petiţie către curte a face braconaj, braconier a urmări în justiţie, a da în judecată a viola, viol, violator a ratifica/valida, ratificare a primi o pedeapsă cu închisoarea a cerceta în stare de arest a anula o sentinţă judecătorească a jefui, jaf, jefuitor a lua în posesie/a confisca/a sechestra, confiscare/sechestrare a executa o sentinţă a trimite o hotărâre judecătorească/ o citaţie a-şi ispăşi pedeapsa a se rezolva pe cale amiabilă a fi în şedinţă, a se întruni a face contrabandă, contrabandă, contrabandist a supune un caz/dosar spre examinare a cita un martor

to take exception to a witness to take into custody to trespass, trespassing, trespasser to vandalize trial by jury trial lawyer/barrister under house arrest vandalism, vandal verdict voluntary manslaughter warrant warrant for the arrest witness for the defence witness for the prosecution witness stand writ wrongdoing, wrongdoer

a recuza un martor a aresta încălcarea graniţei unei proprietăţi, intruziune ilegală, intrus a vandaliza judecată înaintea juraţilor avocat pledant cu domiciliu forţat vandalism, vandal verdict omor premeditat mandat mandat de arestare martor al apărării martor al acuzării bara martorilor ordonanţă/hotărâre judecătorescă fărădelege, răufăcător

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BIBLIOGRAPHY

Blackstone’s EC Legislation, Sixth Edition, Edited by Nigel G. Foster, BA, LLM, Dip German, Blackstone Press Limited, 1995. Cobuild C., English Guides. Word Formation, Harper Collins Publishers, 1991. Collins L., European Community Law in the United Kingdom, 4th edition, London, Butterworths, 1990. Hanga Vladimir, Calciu Rodica, Dicţionar juridic englez – român şi român – englez, Editura Lumina Lex, Bucureşti, 1994. Nădrag Lavinia, Stroescu Manuela, English for Law Students, Editura Fundaţiei România de Mâine, Bucureşti, 2002. Oxford Advanced Learner’s Encyclopedic Dictionary, Oxford: Oxford University Press, first published 1989. Quirk R., Greenbaum S., Leech G., Svartvik J., A Comprehensive Grammar of the English Language, Longman, 1985. Schermers H. G. and Waelbroeck D., Judicial Protection in the European Communities, 5th edition, Deventer, Netherlands, Kluwer, 1992. Thomson A.J. and Martinet A.V., A Practical English Grammar, Oxford University Press, 1986. Weatherill Stephen and Beaumont Paul, EC LAW, Second Edition, Penguin Books, 1995.

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