CONTENTS

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

1. MAGISTRATES IN THE UNITED KINGDOM

GRAMMAR: SEQUENCE OF TENSES ..
POLICE POWERS
GRAMMAR: MODAL VERBS I ..
TRIBUNALS
PASSIVE VOICE ..
COMMON LAW
GRAMMAR: MODAL VERBS II
EQUITY
GRAMMAR: REPORTED SPEECH
THE SOURCES OF THE ENGLISH LAW
GRAMMAR: CONDITIONALS
THE BRITISH CONSTITUTION
GRAMMAR: UNCOUNTABLE NOUNS
THE ACTORS OF THE CONSTITUTION
GRAMMAR: RELATIVE PRONOUNS
LEGAL PROFESSIONS
GRAMMAR: DETERMINERS .
EUROPEAN LAW
GRAMMAR: GERUNND OR INFINITIVE?
JUDICIAL POWER IN THE UNITED STATES
GRAMMAR: IRREGULAR COMPARISON OF
ADJECTIVES .
LITIGATIONS AND ADJUSTMENT
GRAMMAR: EXPRESSING FUTURE .

UNIT 1
MAGISTRATES IN THE UNITED KINGDOM
In England and Wales there are two types of magistrates: lay
magistrates1 known as lay justices, who have the title of justice of the
peace, and stipendiary magistrates2. The former is a body of men and
women which has been in existence since the fourteenth century and is

called on to pass judgement on their fellow citizens, without any real legal
training. The latter is a body of lawyers, called upon 3 to do substantially the
same job, which dates from the eighteenth century. They both exercise their
powers in a less formal court than the other courts, known as Magistrates
Courts, and deal with more cases than any other English court of law.
The main job of the magistrates is to deal with4 civil and criminal
cases which are too trivial to be tried by the Crown and County Courts. The
courts consist of two to seven unpaid lay magistrates, but in some cities
professional magistrates may sit alone. The Magistrates Courts of civil
jurisdiction have limited civil jurisdiction, mainly related to domestic
proceedings5.
In terms of their criminal jurisdiction the MagistratesCourts deal
with something over 95% of all cases. The English legal system divides
criminal offences into three categories:
- summary offences6 is the category of minor crimes such as
minor assaults, begging, parking offences and less minor crimes such as
drinking and driving which are tried without a jury;
- indictable offences7 are more serious offences for which the
police are given a power of arrest and which will be tried by jury; murder,
manslaughter8 and serious fraud all come within this category;
- a number of offences called either way offences which may or
may not be tried by a jury at the request of the defendant. The best example
is theft9 which may involve either very small or very large amounts of
money.
The magistrates criminal jurisdiction is mainly limited to
summary and either way offences (where the defendant may elect not to
have a jury trial). Anyway, magistrates have an important role to play in
serious criminal proceedings. When a person is charged with are indictable
offence, magistrates sit as examining justices to decide whether the
prosecutions case is strong enough to warrant 10 committing the accused for
trial in the Crown Court. The procedure is known as committal
proceedings. They also issue arrest and search warrants to the police.
The civil jurisdiction of the magistrate is limited to minor matters
including matrimonial and family matters and the granting of licenses.
Justices of the peace are chosen by the Lord Chancellor on the
advice of Advisory Boards, that are concerned with recruiting magistrates
from amongst the worthy members. Many justices of the peace are chosen
on the recommendation of an existing magistrate. It seems that others are
chosen for their background in voluntary work such as in churches or youth
organisations. They are not paid a salary but receive expenses incurred 11 in
the performance of their judicial duties. They are assisted by clerks to the

justices, solicitors or barristers of at least seven yearsstanding, who

perform the administrative work of the court.
Stipendiary magistrates are to be found in most of the large towns
and cities of England and Wales. They are full-time members of the Court
chosen by the Queen on the advice of the Lord Chancellor. They receive
wages or a stipend12 and unlike lay magistrates they may sit alone.

VOCABULARY
1) lay magistrate = magistrat nesalariat
2) stipendiary magistrate = magistrat salariat
3) to call upon = a chema, a mobiliza
4) to deal with = a se ocupa de, a trata despre
5) domestic proceedings = procedur legat de juris-dicia intern
6) summary offence = infraciune judecat n faa Curii
Magistrailor
7) indictable offence = infraciune grav judecat la Crown
Court cu juraii
8) manslaughter = omucidere involuntar
9) theft = furt
10) to warrant = a autoriza, a mandata
11) to incur = a suporta, a asuma
COMPREHENSION CHECK
I.

Answer the following questions:

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

b) What do you mean by lay magistrates? What about
stipendiary?
c) Which is the main job of the magistrates?
d) What sort of offences do they deal with?
e) What does the magistrates criminal jurisdiction consist in?
f) What is the civil jurisdiction of the magistrate limited to?
g) Who are the justices of the peace?
h) Do magistrates play any role in indictable offences?
II. Give the Romanian equivalents of the following English
terms for different types of crimes:

drunken driving
kidnapping
indecency
assault
arson

theft
bribery and corruption
armed robbery
rape
parking offence

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

attempt

arson

burglary

assault

criminal
damage

bribery

extortion

1) any physical attack on the person of

another
2) entry into any secured, dwelling house,
building, warehouse, or any other secured
structure for the purpose of committing a
crime
3) any offence involving the obtaining of
something of value using false statements,
false documents, counterfeit currency, or
representing oneself as an official person.
4) an action taken to commit the criminal act
intended without success or completion
5) the deliberate destruction or damage of
anothers property by fire; this may include
public property
6) the use of force, fear or threat to induce
another to perform an action, not perform an
action, or to acquire a thing of value from
another.
7) offering, giving or causing to be offered or
given to any official person acting in an
official capacity anything of value with the
intention to alter or influence the persons
decisions or actions.
8) the deliberate destruction or damage of
anothers property, not by fire.

fraud
offence
IV. Fill in the blanks with the missing words:

A _______ magistrate, otherwise known as a _______ of the

_______ deals with _______ and criminal cases that are not serious enough
to go as far as the Crown or County Courts. Unlike ______ magistrates,
who receive a _______ and are allowed to sit ______, they can claim only
_______ that arise in the course of their _______ duties. Magistrates handle
all ______ offences as well as some _______ offences, where the
defendant prefers a ______ without ______ . They also decide which cases
should be referred to the higher _____, during what is termed _________
proceedings.
V. Translate into Romanian:
The law of criminal procedure regulates the modes of
apprehending, charging and trying suspected offenders; the imposition of
penalties on convicted offenders; and the methods of challenging the
legality of conviction after judgment is entered. Litigation in this area
frequently deals with conflicts of fundamental importance for the allocation
of power between the state and its citizens
When a criminal offence has been reported, the competent
authority commences the criminal process by investigating the
circumstances. In this phase, relevant evidence is collected and preserved
for a possible trial. The suspect also has the right to collect evidence in this
favour.
VI. Translate into English:
Nu exist nici o diferen de domeniu, natur i scop ntre regula
moral i cea juridic. Regula moral ptrunde n drept prin intermediul
concepiilor etice ale legiuitorului sau judectorului sau, n cel mai bun caz,
rtcete la frontierele dreptului pentru a ptrunde atunci cnd se ivete
prilejul.
Obligaiile morale legiferate sunt: responsabilitatea civil,
interzicerea mbogirii fr just cauz, executarea contractelor, exercitarea
neabuziv a drepturilor conferite de lege. Cnd legea nu mai e conform cu
principiile morale va cdea n desuetudine.
VII. Discussion:
What are the major differences between this system and that of
your country with regard, for example, to the handling of criminal cases at
first instance?

FOCUS ON GRAMMAR
SEQUENCE OF TENSES

In English, the tense of the verb in the subordinate clause is

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

TIME
RELATION

TENSE IN
CLAUSE

THE

AT THE SAME
TIME

PRESENT TENSE
He says

MAIN

PAST TENSE
John knew
EARLIER

PRESENT TENSE
I know
PRESENT TENSE
The students dont remember
PAST TENSE
They didnt remember

LATER

PRESENT TENSE
She hopes
PAST TENSE
She hoped

TENSE
IN
THE
DIRECT
OBJECT
CLAUSE
PRESENT TENSE
he doesnt know the
truth
PAST TENSE
everything was all
right
PRESENT PERFECT
you have done your
lessons.
PAST TENSE
what I taught them last
week.
PAST PERFECT
what I had taught
them the week before.
FUTURE TENSE
he will come soon.
FUTURE IN THE
PAST
he would change the
subject.

I. Change the main verb in each sentence to the SIMPLE

PAST. Then change the verb in the subordinate clause according to its
time relation to the main verb.
a) Mr. Barton claims that he has spoken to those people.
b) We know they are tired.

c) Bill thinks his brother needs your help.

d) I suppose Michael will finish the work next week.
e) Edward thinks he won the first prize in the competition.
f) We assume the meeting will be over around six oclock.
g) I remember that the the wind blew very hard the week before
last.
h) She hears that Professor Johnson is writing another book.
i) We guess our friends havent heard the good news yet.
j) The message indicates Dr. Evans will be back from Bucharest
next Saturday.
II. Use past forms for these auxiliaries after a main verb in the
past:
For CAN, use COULD
For MAY, use MIGHT
For MUST, use MUST OR HAD TO
For SHALL, WILL, use WOULD
1. Richard regretted that he ________ (not) go with us.
2. We are sure that Tom _______ help us with the homework.
3. I regret that we ________ leave now.
4. Kate thought she __________ find someone to explain
everything to us.
5. They didnt know that we ________ leave at once.
6. Our friend had to promise Mike that we ________ help him.
7. We regret that we ________ stay only fifteen minutes longer.
8. Daniel said he ________ send the parcel the next day.

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

1) Yesterday grandpa (take) a nap from 2.00 to 3.00. I
.. (get) home at 2.30. When I .. (come) in, grandpa
. (sleep).
2) Tom: I . (be) in your native town last month. It
(look) like a nice town. I (never, be) there before.
Ann: What .. (you, do) in that part of the country?
Tom: My sister and I .. (drive) to Braov to see our
grandparents

3) Laura .. (start) to read a novel by Mihail Sadoveanu. She

(not, finish) reading it yet. She (read) it because her
Romanian teacher . (ask) her to.
4) The weather .. (be) terrible lately. It .. (rain) off
and on for two days and the temperature .. (drop) at least twenty
degrees. Just three days ago the sun . (shine) and the weather
.. (be) pleasant. The weather certainly .. (change)
quickly here. When I .. (wake) up tomorrow morning, maybe it
(snow).
5) Last night I .. (go) to a party. When I (get) there,
the room . (be) full of people. Some of them . (dance) and
other . (talk). One young woman (stand) by herself. I
.. (never, meet) her, so I .. (introduce) myself to her.
IV. Translate into English
a) Zburam de treizeci de minute cnd mi-am dat seama c am
plecat de acas fr s nchid ferestrele.
b) Toi s-au dus s vad filmul de ndat ce profesorul le-a povestit
romanul.
c) N-am putut face excursia deoarece ploua de trei de zile.
d) Cnd am ajuns la cinema, filmul ncepuse de mult.
e) Vnztorul plecase deja acas cnd am ajuns noi la magazin.
f) Ne plimbm de o jumtate de or cnd ne-am ntlnit cu Frank.
g) M dusesem deja la culcare cnd mi-am adus aminte c nu am
ncuiat ua.
h) Te vom atepta n faa teatrului cnd se va termina piesa.
i) Cnd Mary va absolvi facultatea, va fi studiat aici patru ani.
j) Sandra spera c se va putea duce la plimbare cu Michael dac i
va termina lucrarea.
k) Ce-ai mai fcut de cnd nu ne-am mai vzut?
l) Nici nu terminase de gtit c a i sosit soul ei.
m) Se gndea c dac pleac imediat o s ajung acas nainte de
miezul nopii.
n) Soarele a rsrit, dar bate un vnt rece.

10

UNIT 2
POLICE POWERS
Over the past few years, the powers the police have to stop,
question, arrest, search and detain1 have undergone major changes in the
United Kingdom. The two key pieces of legislation in this field are the
Police and Criminal Evidence Act, sometimes referred to as PACE, and
the Public Order Act.
Arrest means the loss of liberty, being subject to restraint 2 as to
ones movements. An arrest by the police will only be lawful if the arrested
person is informed that he or she is under arrest and told the grounds 3 for
the arrest.
The police have the power to arrest a person without a warrant in
four different sets of circumstances:
- If they suspect that an arrestable offence has been committed is
being committed, or is about to be committed.
- If they have a statutory 4 power of arrest (most statutory powers
of arrest without warrant were repealed5 by the Act).
- If one of the general arrest conditions is satisfied.
- If they wish to fingerprint a convicted person.
An arrestable offence is one which carries a sentence of at least
five years imprisonment. This includes murder, burglary, theft, criminal
damage, rape, and unlawful possession of drugs. The Act also extends
arrestable offences to include, for example, taking a motor vehicle, going
equipped for theft, indecent assault on a female, corruption and smuggling6.
Specific serious arrestable offences are treason, murder,
manslaughter, rape, kidnapping, incest with a girl under the age buggery 7
with a boy under the age of 16, and indecent assault which constitutes gross
indecency.
In the case of serious arrestable offences the police have the power
to: set up road blocks; search for evidence; detain a suspect for more than
24 hours and up to a maximum of 96 hours without charge; hold a suspect
incommunicado8 and deny access to a solicitor for 36 hours (a juvenile is

11

still entitled9 to have an appropriate adult informed of the detention); take

non-intimate samples without the suspects consent (eg. hair).
The statutory powers of arrest for certain offences include:
- offences under the Public Order Act 1986;
- some offences under the Prevention of Terrorism Act;
- trespass10 under the Criminal Law Act 1977;
- offences under the Immigration Act 1971.
The general arrest conditions give the police the power to arrest
for offences which are not automatically arrestable. If there are reasonable
grounds for suspecting a person, the police may arrest him or her if any one
of the following conditions applies:
- the suspects name is not known and can not be found out;
- the given name is believed to be false;
- the suspect has failed to supply an address or has not supplied an
address which is satisfactory for serving a summons11.
- it is believed that arrest is necessary to prevent the person causing
injury to self or others, suffering injury, causing loss or damage to property,
committing an offence against public decency, unlawful obstruction of the
highway, or to protect a child or other vulnerable person from the suspect.
A person can be arrested for fingerprinting if the following
conditions apply:
the person has been convicted of a recordable offence, that is,
one defined in regulations;
the person was never in police detention for the offence and
fingerprints were not taken;
within one month of conviction the person was asked to go to a
police station to be fingerprinted and had not done so within seven days.
The police in all investigations should maintain a schedule 12 of all
material, meaning not only documents, but also articles and information,
including material held on computer. A list of items which are expected to
be included in the schedule should consist in:
interview notes and audio-visual tape recordings;
draft13 witness statements;
statements taken from potential witnesses;
crime reports;
custody records and associated documents;
other documents or other material containing a description of the
suspect;
any other material of information which the police officer
considers to be relevant and helpful.

12

VOCABULARY
1) to detain = a reine (n arest)
2) restraint = restricie, limitare, constrngere
3) ground = temei, motiv
4) statutory = statutar, reglementar; stabilit prin lege, legal
5) to repeal = a revoca, a abroga, a anula
6) smuggling = activitate de contraband
7) buggery = sodomie
8) incommunicado = privat de posibilitatea de comunicare cu semenii
9) to entitle = a da dreptul la, a ndritui
10) trespass = nclcare, violare; braconaj
11) summons = citaie pentru a comprea n tribunal; mandat de
aducere
12) schedule = program; inventar; anex la un regulament
13) draft = plan; proiect; schi

COMPREHENSION CHECK
I. Answer the following questions:
a) When can an arrest be considered lawful?
b) What do you mean by an arrestable offence?
c) What can the police do in the case of serious arrestable
offences?
d) Is there any difference between murder and manslaughter?
e) Can you explain what powers do the police have with regard to
the detention of a person suspected of having committed a serious arrestable
offence?
f) What is the difference between burglary and theft?
g) When can a person be arrested for fingerprinting?
h) What is the difference between being charged and being
convicted?
II. Give the Romanian equivalents of the following English
terms for different types of punishments:

imprisonment
probation

13

corporal punishment
suspended sentence

fine
community service order

life imprisonment
capital punishment

III. Choose the best word to complete the following sentences,

making any necessary changes:
accused, requirement, juror, unconditionally, mistrial, incapable,
misinterpretation, promises
1) If the words of a contract are not clear and precise, there is a
danger of __________ by one or both of the parties.
2) The offeree was pleased to accept the excelent offer
______________
3) The hearing was declared a ___________ because the court
didnt have jurisdiction over the offence.
4) Ms. Grants application for shares was not accepted on the
grounds that she didnt fulfil the _________ of residence in the U. K.
5) The 12 _________ were not able to reach a unanimous decision.
6) The defendant said that he would give the car to his cousin for
nothing. In consideration his cousin, the _________, was responsible for the
transport of the car.
7) A child is considered legally _________ of committing a crime.
IV. Look at the list of legal terms (1-8) and their definitions (AH). Match each term with its definition.
1. illegal
possession
2. kidnapping
3. murder

4. rape
5. robbery

weapon

A. an incident involving the manufacture,

processing, packing, possession, transportation,
sale or receiving of any regulated drug or
pharmaceutical product.
B. entering onto or remaining on the property of
another without permission or after being advised
to leave.
C. the unauthorised taking of money, goods,
property or services by a person or by a device,
installed or initiated by a person.
D. the possession of any wepon that is illegal, or
any weapon in an illegal manner.
E. the taking of the life of one human by another
human; fatal traffic accidents will not be included.
F. the use of force, fear or threat to illegally detain
or deprive a person of her/his liberty.

14

6. theft
7. drug dealing or
possession
8. trespassing

G. sexual intercourse against the will of one of the

parties
H. the use of force, fear or threat to take the
property of another from a person in possession or
control of the property.

V. Translate into Romanian:

A trial is conducted most frequently in the following manner. The
attorneys for plaintiff and the defendant make opening statements to the
jury, outlining what each conceives to be the nature of the case and what
each hopes to prove as the trial proceeds. Next, the attorney for the plaintiff
presents his case by calling witnesses, questioning them, and permitting
them to be cross-examined by the attorney for the defence; when the former
has concluded his presentation, the latter frequently will ask for a dismissal
of the suit for failure of plaintiff to establish a prima facie case (that is, a
case sufficient until contradicted by evidence); if this is unsuccessful, he
will call and examine witnesses in order to establish his defences, and these
witnesses are subject to cross-examination by the plaintiffs attorney. The
attorneys for each side then make a closing argument to the jury, putting the
evidence presented in a light most favourable to their respective clients.
VI. Translate the following sentences into English:
1) El este bnuit de poliie c face trafic cu droguri.
2) Puterile poliiei fac n momentul de fa obiectul a nenumrate
schimbri.
3) Incendierea n scopuri criminale este considerat o infraciune la
fel de grav ca i furtul.
4) Textele privitoare la arestrile fr mandat urmeaz a fi
modificate.
5) Poliia l va interoga pe suspect mine diminea.
6) De fiecare dat cnd i se pune o ntrebare, se face c n-a auzit i
n-a vzut nimic.
7) Acest inspector este venic pe cale s cear percheziiile la
domiciliu chiar i cnd nu este necesar.
8) n Anglia, amprentele digitale se iau la comisariat.
9) Violul este delict care atrage o pedeaps de cel puin cinci ani.
10) Cifra n cretere a delictelor penale n Romnia ncepe s
ngrijoreze autoritile.

15

VII. Discussion/Essay:
How do police powers of arrest without warrant as presented in
the text compare with those available to police in Romania?

FOCUS ON GRAMMAR
MODAL VERBS
can

could

can expresses something possible:

Our factory can produce 800 cars a month.
Visas can be difficult to obtain sometimes
could expresses possibility (ability) in the past:
We could understand most of what he said.
I could speak French quite well when I was at school.
can not or could not express something impossible:
You cant get to London on time, there is a strike.
You couldnt go on trips abroad ten years ago.
could + have + past participle expresses unfilled
opportunity:
I could have booked an earlier flight, but it left at 7 a. m.
couldnt + have + past participle expresses a past
impossibility:
He couldnt have had any engine trouble.

II. Fill in the blanks with can, could or be able to. Sometimes
you have more than one possibility:
a) Whenever Susan learns the lesson, she ________ give very good
answers.
b) He ___________ be at home now.
c) They took his passport so that he _________ leave the country.
d) We have been looking for John for two hours, but we
__________ not find him.
e) _________ you tell me the entire Commercial Code? I
________ when I was at school but I _________ not now.
f) _________ I speak to Mr. Perkins, please?

16

g) He was very strong; he ___________ work all day and study all
night.
h) Your brother _________ play the piano well.
i) The police were suspicious at first but I _________ convince
them that they were innocent.
II. Fill in the banks with CAN(T)/COULD(NT) + the right
infinitive form of the verb:
1) Im afraid I . (help) you at the moment.
2) The negotiations broke down because we .. (agree) on
the price.
3) Mother, you (cook) a better meal, everything is
delicious.
4) Dont light a match in this chemical factory. It
(cause) an explosion.
5) He (hear) the news on the radio because be was
sleeping then.
6) No one (do) without water.
7) He (solve) the first problem, but the second one
was quite a puzzle to him.
8) Im sorry I (come) to your talk yesterday. I had
to sort out a problem.
9) He (ski) really well when be was in his twenties,
but now be is out of practice.
10) What (you, do) with the money if you hadnt
bought yourself a new watch?
III. Rewrite the following sentences using could or could
not:
1) Ten years ago it wasnt possible to have hard currency on you.
2) She drove a car with the brakes out of order. An accident was
possible.
3) It was very difficult to buy a suitable office at a reasonable
price, that is why we preferred to rent one.
4) She was able to speak Spanish after only three months on the
training course.
5) From our hotel room, it was possible to see Mont Blanc.
6) Although we tried hard, it was impossible for our company to
get that contract signed.

17

7) He didnt manage to understand what she meant.

8) It wasnt possible for us to lock the door yesterday morning; we
had lost our keys.
IV. Translate into English:
1) Nu se poate ca el s fi acceptat s vnd casa.
2) John avea 12 ani cnd a izbucbit rzboiul. El nu ar fi putut s fie
n armat.
3) Mi-a spus c s-ar putea s ntrzie.
4) Peter nu a putut s scrie eseul singur, aa c a rugat-o pe sora lui
s-l ajute.
5) Nu te duce acum la ei, s-ar putea s fie la mas.
6) Am vzut-o pe Sarah asear la concert, dar nu m-a recunoscut.
Nu se poate s fi fost Sarah, pentru c este n spital de dou sptmni.
7) Presupun c a putea s fac munca asta dac ar fi necesar.
8) Trebuie s pleci? Nu mai poi s stai puin?
9) Din fericire, am putut s-mi fac muli prieteni de cnd am venit
n acest ora.
10) E posibil s refuze s te ajute n astfel de mprejurri?
11) Am putut iei n grdin dup ce a stat ploaia.
12) Sandra a spus c o s-i poat gsi o cas dac noi o s-o
ajutm.

UNIT 3
TRIBUNALS
In the English judicial system two different types of institutions
have been set up1 to resolve legal problems: courts and tribunals. The
distinction between the two is difficult to make because there is no precise
definition of these terms. The word tribunal meaning any judicial
assembly2 is widely used. This use of the word would include the courts.
There is a narrower use of the word, however, which is of greater
interest to the law students. These institutions fall into two, large categories:

18

 Domestic tribunals are non state organizations set up as

part of the disciplinary procedures of professional or sporting organizations;
Administrative tribunals are bodies set up by the state in
order to perform judicial functions as part of the administration of some
government scheme.
A Council on Tribunals was initiated as a consultative and
advisory body. Its main task is to advise government departments in setting
up administrative tribunals and to review the construction and working of
these institutions. The Council has at present almost fifty tribunals under its
jurisdiction:
the Rent3 Tribunals which settle disputes between landlords and
tenants;
the Education Appeals Committees which hear appeals against
the allocation of school places by local education authorities;
the Industrial Tribunals which settle the problems which may
arise between employer and employee, such as redundancy payment
disputes, questions of unfair dismissal and the problem of equal pay.
The thorny question is whether these tribunals have only an
administrative role or if they also have an adjudicative 5 role. However
government departments have a general influence over decision making, so
administrative tribunals may not be regarded as pure court substitutes.
Another question is whether the tribunals should make law. The answer is
no, only the decisions of the courts of law may be regarded as binding law.
In practice, tribunals have a strong tendency to follow their previous
decisions and these decisions are regularly reported.
Essentially, the tribunals have been set up to relieve 6 the overburdened court system of work which may be dealt with in a less formal
way by experts in the particular field. Solicitors and barristers are being
appointed as chairmen of the tribunals and their work is growing as the
public becomes more aware of them. It this way tribunals provide a speedier
and more expert alternative to the court system.
VOCABULARY
1) to set up = a nfiina
2) assembly = adunare
3) rent = chirie, nchiriere; rent
4) tenant = arenda; chiria, locatar
5) adjudicative = de adjudecare
6) to relieve = a uura, a elibera

19

COMPREHENSION CHECK
I. Answer the following questions:
1) What do you mean by a tribunal?
2) What kind of organizations are the domestic tribunals?
3) What are the functions of the administrative tribunals?
4) Which is the main task of the Council on Tribunals?
5) How many kinds of tribunals are there under the Councils
jurisdiction? Speak about them.
6) Why have the tribunals been set up?
7) Who are appointed as chairmen of the tribunals?
II. Give the meaning of the following words. Write a sentence
with each of them:

barrister
solicitor
counsel
judge
prosecutor

notary
to take oath
to outlook
attorney general
litigious advocacy

III. Match each term on the left with the correct explanation
on the right:
1. forged currency
2. obstruct justice

3. disturbing public
order
4. harassment
5. illegal woodcutting
6. customs offence

A. any assault committed with a weapon, or

which results in grievous injury to the victim..
B. the creation, possession or distribution of any
false, forged or altered official document of any
country or government agency.
C. the cutting of wood without the proper permit
or with a forged or altered permit.
D. the creation, possession of any false, forged or
altered currency of any country.
E. delay, hinder or obstruct a law euforcement
official by physical act, subterfuge or statement in
the execution of their official duties.
F. words, gestures or actions that place another in
fear or apprehension of death, injury, damage to
property, or interfere with the right of a person to

20

7. counterfeited
documents
8. grievous assault

travel freely or be secure from harm.

G. any act which does or is likely to cause a
breach of peace or public order
H. any offence involving the transportation or
possession of goods, with the intent to cross, or
having crossed the border or boundary of a
province or of a country.

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

upon, on, by, at, of, in, over, to, under, against, with, for
a) The drunken driver was put ________ arrest.
b) Offences _________ the person include murder and rape.
c) The criminal is to tried ________ manslaughter.
d) The suspect was held ________ custody before being relased
_________ bail.
e) The Court of Kings Bench had first instance jurisdiction
_______ all wrongs.
f) A good lawyer must know which rules apply both _________
common law and _________ equity.
g) When a barrister is admitted to the profession, we say that be is
called _________ the bar.
h) _________ common law a mistake only prevents the formation
of a contract if it is a fundamental mistake of fact.
i) _________ the winding up of a firm a liquidator is appointed.
j) The judges used to sit __________ the Assizes.

V. Translate into English:

1) n ultimii cinsprezece ani s-au efectuat multe reforme juridice.
2) n iunie 1998 guvernul a supus la vot 12 proiecte de lege cu
privire la educaie.
3) n anii 60 comisia parlamentar a ntocmit un raport asupra
sistemului tribunalelor.
4) Avocaii joac un rol important n societatea actual.
5) n 1875 sistemul juridic englez s-a schimbat i au fost abolite
common injunctions.
6) Trebuie totui s remarcm c numai o parte a unei judeci este
luat n considerare.

21

7) Nu exist dect trei circumstane n care se poate face abatere de

la judecile precedente.
8) Pe parcursul acestui text: s-au ridicat multe probleme juridice.
9) ntr-adevr, legea englez se bazeaz pe principiul de stare
decisis (ceea ce a fost decis nainte trebuie respectat).
10) Judectorul a fost constrns s-i pronune verdictul dup
modelul unui caz care fusese deja judecat.
VI. Fill in the table below, using a dictionary if necessary:
verb

noun
compensation

to settle
to foresee
application
to dismiss
solution
to allege
approval
to injure
to allow
VII. Translate into Romanian:
Most Bills (Acts of Parliament) are measures relating to public
policy. The great majority of these are government measures introduced by
a Minister, but certain days are set aside for debating Private Members Bills
(public Bills introduced by members of the House not holding office in the
Government). In addition, some private Bills relating solely to matters of
individual corporate or local interest are promoted in each session by
persons or bodies outside Parliament.
Bills may be introduced by either House unless they deal with
finance or representation (when they are introduced in the Commons).
Those that pass through all the necessary stages in both Houses receive
Royal Assent and become law as Acts of Parliament. The House of Lords
may not alter a financial measure, nor may it delay for longer than one year
any Bill passed by the Commons in two successive sessions.
VIII. Comment on the following proverbs:
A good judge conceives quickly, judges slowly.
A fault confessed is half redressed.

22

FOCUS ON GRAMMAR
PASSIVE VOICE
To make the passive we have to use a form of the verb to be
and a past participle.
ACTIVE
The government raised interest rates
by 1%
Our supplier is shipping the goods
next week
We can arrange a loan within six
days

PASIVE
Interest rates were raised by 1% .
The goods are being shipped next
week
A loan can be arranged within six
days

Sometimes, the doer of the action is not mentioned. It might

be: unimportant, clear from the situation or unknown. Instead, the important
information is either the actions or the things affected by the action:
A very large proportion of world oil is generated in the Middle
East.
These incentives will be offered to retail investors in EU countries
who make an early subscription.
Have/get something done:
When a professional person, a technician or an accountant,
does some work for us, we can use have/get something done:
We had our offices redecorated last year.
You must have your computers checked for viruses.
We got the contract checked by our lawyers.
I. Put the following sentences into the Passive:
1) They have chosen the new design.
2) We cannot ship your order until we receive payment.
3) They will not finish the project by the end of the month.
4) We are spending more than a million dollars on advertising this
year.

23

5) Somebody damaged the goods in transit.

6) They have closed fifty retail outlets over the last year.
7) The Accounts Department may not authorise this payment.
8) One of our best young designers created this line.
9) Our department has discovered a promising new drug.
10) He was asking me some difficult questions.
II. Offer explanations or reasons for the following. Use the
passive voice:
eg:

Mother looks happy.

She has (just) been offered flowers.

1) I cant drive my car today.

2) There was a long queue in front of the box-office yesterday.
3) When Mr. Johnson returns to his native town next year, be will
not recognize it.
4) Alice has got a perfect score on her test.
5) Jane likes going to parties.
6) When the seven dwarfs returned home they were very surprised.
7) The letters were very urgent but nobody posted them yesterday.
8) Jenny is feeling better today.
III. Change into the Active Voice:
a) A course in Civil Law is delivered once a week.
b) The thief was arrested yesterday.
c) The burglar will be convicted.
d) Courts of Quarter Session are presided over by a bench of
justices.
e) Cases had been heard by a judge sitting with a jury.
f) Appeals may be heard in the High Court.
g) All trials at quarter sessions are held with a jury.
h) The ordinary civil actions will be heard by the County Court.
i) In England magistrates are appointed by the Lord Chancellor.
j) In Ireland the police have been controlled by an Inspector
General.
IV. Translate into English using Passive constructions:
1) Astzi este 10 aprilie. Telefonul ar fi trebuit pltit pn acum.
2) n multe din oraele rii se construiesc biblioteci.

24

3) Ai prul prea lung. Ar trebui s te tunzi.

4) Paul a fost externat din spital la dou zile dup ce a fost internat.
5) S-au fcut multe cercetri pentru a descoperi cauzele acestei boli
molipsitoare.
6) A dori s-mi fac o fotografie pentru paaport.
7) Publicului nu i se spusese ce se ntmpla n spatele cortinei.
8) Domnul Brown dorea s tie dac se servete micul dejun la
hotel.
9) Mi s-a spus c eti bolnav.
10) Florile acestea ar crete mai bine dac ar fi udate mai des.
11) Telegrama va fi nmnat generalului ct mai repede posibil.
12) Ni se dau o mulime de teme zilnic.

UNIT 4
COMMON LAW
Common law1, also called Anglo-American law, is the body of
customary law, based upon judicial decisions and embodied in reports of
decided cases, which has been administered by the common-law courts of
England since the Middle Ages. From this has evolved the type of legal
system now found also in the United States and in most of the member
states of the Commonwealth of Nations. Common law stands in contrast to
rules developed by the separate acts of equity2, to statute law (i.e., the acts
of legislative bodies), and to the legal system derived from civil law now
widespread3 in continental Europe and elsewhere.
The term of common law is used in a number of different ways
each emphasizing various aspects of this complex idea. There are three
basic uses of the term:
As a description of the general system of law within a national
jurisdiction;
As a specific description of a historical development in
England and Wales;
As a description of a particular set of rules in contrast to the
rules of equity and of statute law.
First, common law is used to distinguish one type of general legal
system from other legal systems. It is most often used to distinguish
common law jurisdictions from civil law jurisdictions. Those states
whose laws are derived from the English system such as the U. S. A.,

25

Canada, Australia, Hong Kong, etc. are therefore known as common law
jurisdictions.
The second way in which the term is often used is to describe a
historical situation in which the jurisdiction of the kings courts of justice
was extended throughout all the regions of England and Wales, creating
systems of law common to all England in contradistinction to local law and
custom which varied from area to area.
After the Norman conquest it was Williams successors who
managed to diminish4 the opportunity for corruption among their officials
by creating a more centralized and specialized form of government. This
was achieved in part by the delegation of royal judicative power to itinerant
justices, organized on circuits, who would travel round the country
holding sittings5 (Assizes) to hear and settle6 cases waiting to be tried in the
country towns and enforce7 the kings rights.
At the same time as this development of the itinerant courts was
taking place, the impetus8 for more efficient and effective government
created three static, royal courts located at Westminster: the Court of
Exchequer9, specialized in royal finance; the Court of Common Pleas,
which had jurisdiction in ordinary litigation; and the Court of Kings Bench
which had jurisdiction over all wrongs with the Court of Common Pleas
and had an appellate10 and supervisory jurisdiction over all royal justice.
The jurisdiction of these courts was extended until what had originally been
an exceptional jurisdiction becoming common to the whole kingdom. The
law created by this jurisdiction was therefore known as the common law.
The third and most modern use of the term common law comes
into opposition to the notions of equity and statute law. The common
law means the rules, standards and principles created by the judges which
are not equity. Lawyers must simply learn what the rules at common law are
and what the rules in equity are. In many situations the rules overlap 11 and
although the rules in equity will prevail 12, it is of great importance that the
lawyer be aware of what the positions is both at common law and in equity.
VOCABULARY
1) common law = drept comun, drept cutumier
2) equity = drept natural; lege nescris
3) widespread = rspndit; ntins
4) to diminish = a diminua; a micora, a slbi
5) sitting = edin, adunare, ntrunire
6) to settle a case = a soluiona, a rezolva un caz, o cauz
7) to enforce the rights = a valorifica drepturi
8) impetus = imbold, impuls

26

9)Court of Exchequer = Curtea Ministerului de Finane

(n Anglia)
10) appellate (jurisdiction) = jurisdicie de apel
11) to overlap = a suprapune; a coincide n; a ntretia
12) to prevail = a predomina; a triumfa
COMPREHENSION CHECK
I. Answer the following questions:
a) Describe with your own words what common law means.
Write a short composition about it.
b) What are the basic uses of the term common law?
c) What does the first use consist in?
d) What are the itinerant courts? Did they contribute to the
development of the judicial system?
e) What were the Royal Courts that were located at Westminster?
f) What does the third use of the term common law come into
opposition to?
g) What happens if the rules at common law and those in equity
should overlap?
II. Fill in the blanks with the suitable prepositions:
1. Magistrates are appointed __________ behalf of the Crown,
_________ the lord Chancellor.
2. There is substantial identity ____________ many points
___________ the Scottish system and those of the rest ________ Britain.
3. The sources _________ law also include a large amount
___________ unwritten or common law gathered _________ numerous
decisions _________ the courts.
4. Central responsibility ____________ the administration to
_________ the judicial system lies partly ________ the Home Secretary.
5. The police system is organized __________ a number
____________ separate forces linked _________ local Government and
subject _________ the influence and control ___________ the Home
Secretary.
III. Give the Romanian equivalents of the following words; Try
to write a sentence with each of them:

counterespionage

27

traffic regulation

to infringe
poaching
to disclose
to distort

to misuse
receiver
proviso
grievance

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

2. theft of motor
vehicle
3.
illegal
border
crossing
4. trafficking in person
5. licensing, permit
and local ordinance
violations
6. speeding

7. improper
registration
8. driving under the
influence

A. the recruitment, transportation, transfer or

receipt of persons by means of threat, use of
force, coercion, fraud or the abuse of authority for
the purpose of exploitation.
B. crossing the border or boundary of a province
without proper documents
C. traffic incidents involving the operation of a
motor vehicle while under the influence of any
intoxicating substance.
D. any offence relating to the speed of operation
of a motor vehicle.
E. any incident involving the unlawful discharge
of a firearm.
F. the theft of a passenger vehicle, truck, bus or
other vehicle intended for use transporting
persons or goods upon the roadway.
G. violation of any local ordinance, permit or
licensing requirements established by local
authorities.
H. any offence relating to false, altered, forged
display or exhibition of documents evidencing the
registration of a motor vehicle..

V. Translate into English:

1) Tribunalul poate impune o sentin care s priveze pe acuzat de
libertate.
2) Se iau toate msurile pentru a respinge orice avantaj al acuzrii
asupra aprrii.
3) Dup ce o persoan a fost arestat, el/ea este acuzat() i adus()
n faa instanei.

28

4) Intervievarea martorilor acuzrii este foarte important ntr-un

proces penal.
5) n general, infraciunile care sunt judecate pe baza unei
proceduri sumare sunt pedepsite cu o amend.
6) Nu trebuie subestimat depoziia vreunui martor n anchetarea
cazului.
7) La intrarea n Marea Britanie, ofierul de la imigrri recomand
ca s nu se depeasc perioada permis de edere n ar.
8) Dei parlamentul voteaz legile, judectorii sunt cei care le
aplic, innd cont i de specificul cazurilor.
9) Dac el ar fi mrturisit totul de la nceput, vina lui ar fi fost mai
mic.
10) n caz c este arestat, suspectul are dreptul s consulte un
avocat.
VI. Ask questions to the following statements:
1) Most legislation applies to Great Britain or the United Kingdom
as a whole.
2) The great majority of Bills are government measures introduced
by a Minister.
3) The main opportunities offered in the House of Commons for
detailed examination of government policy are provided through
parliamentary questions and answers.
4) Some private Bills relating to matters of individual or corporate
interest are promoted in each session.
5) On some matters, separate Acts are passed for England and
Wales and for Scotland.
6) Bills may be introduced by either House, unless they deal with
finance or representation.
VII. Translate into Romanian:
The sovereignity has the duty of prosecuting those who commit
crimes; its attorney for the purpose is the prosecutor. The prosecutor, who
performs the function of trial lawyer for sovereignity, has extensive
resources at his disposal for investigation and preparation purposes. He is
not at liberty to distort or misuse this information. He must disclose
information tending to relieve the accused of guilt. Any conduct of a
prosecutor or judge that hinders the fairness of a trial to the extent that the
outcome is adversely affected is in violation of the defendants right of due

29

process. The efforts of the prosecutor and the court should be directed
toward fairness and justice.
VIII. Write a short composition in which to show the phases of
a trial in Romania. You can as well discuss a case that you studied
about.
FOCUS ON GRAMMAR
MODAL VERBS
must is used to express an obligation given by the speaker:
You really must come and visit our shop next week.
must also expresses a necessity or a deduction:
They must go to work every day.
That must be Jane, she always comes late..
mustnt expresses an interdiction:
Pedestrians mustnt cross the road when the light is red.
have to expresses an obligation given by some external
authority:
You have to wear this badge, thats our regulation
dont have to and neednt express the absence of
obligation:
You dont have to speak so loudly, I can hear you.
should expresses moral obligation or advice, suggestion:
She should pay more attention to her spelling.
I. Patrick and Susan are colleagues attending a conference.
Complete the dialogue. Use must, mustnt or have to:
Patrick:
Susan:
Patrick:
Susan:
Patrick:

Well, its been good talking, but Im really tired now, and
I must go end get some sleep.
Really? you go so soon? Lets have another
drink at the bar.
No, really. I If I stayed for another drink, I
know Id be useless tomorrow. And I start work
at 6.00 in the morning.
At 6.00?! Why do you start so early?
Because my head of department wants me to run a
breakfast seminar, and I still have some preparation to do
I . make any mistakes!

30

Susan:
Patrick:
Susan:

Why the seminar . so early?

I dont know. Stupid, isnt it?
The things we do for this company! I think
we all work far too hard!

II. Fill in the blanks with must or the present, future, or past
form of have to:
1. Little Simon got lost and ask a policeman the way.
2. If you buy a radio set you buy a licence for it.
3. Passengers be in possession of a travel ticket.
4. I never remember his telephone number; I always ...
look it up.
5. Children take an important exam at sixteen.
6. Mr. Brown was in a hurry, so he take a taxi.
7. My grandpa is hard of hearing; he wear a hearing aid
all the time.
8. Mr. Barton . cook his own meals next week because
his wife will be away.
9. You see this film. Its really very good.
III. After reading the following sentences, express an
impression or an opinion about the ideas they contain, using modal
verbs followed by a perfect infinitive:
eg,

I didnt see Harry at the conference (might)

He might have been absent.

a) Jennys pronunciation has improved considerably (must).

b) Mary didnt get on with her examination as well as she was
expected to (could).
c) The doctor didnt return yesterday as he had promised his
patients (should).
d) They were very tired when they came home (must).
e) He seemed terribly excited when I saw him (might).
f) Well, I suppose be has failed (should).
g) They had an appointment in his office yesterday, but Mr.
Roberts didnt come (might).
h) His journey didnt last more than an hour (could).
i) They looked for the child everywhere except in the sick mans
room (might).

31

IV. Translate into English:

1) Trebuie s fie destul de trziu, fiindc strzile sunt pustii.
2) N-am neles lecia, aa c Dan a trebuit s mi-o explice din nou.
3) Va trebui s stai aici pn se ntoarce secretara. Cineva trebuie
s rspund la telefon.
4) Ieri diminea a trebuit s m duc dup cumprturi pentru c
aveam musafiri la cin.
5) Nu crezi c-ar trebui s te duci la doctor dac nu te simi bine?
6) De ce ai cumprat fructe? Am luat trei kilograme de mere, nu
mai trebuia s cumperi i tu.
7) E nevoie s art legitimaia de serviciu ori de cte ori vin n
aceast instituie?
8) Mike nu rspunde la telefon. Probabil c a plecat foarte devreme
de acas.
9) Trebuie s predau proiectul de diplom nainte de sfritul
sptmnii.
10) N-a fost nevoie s-i traduc articolul fiindc tie bine
englezete.

32

UNIT 5
EQUITY
In Anglo-American law, the custom of courts outside the common
law is called equity. In origin equity provided remedies in situations in
which precedent or statutory law might not apply or be equitable. By the
end of the 13th century the English kings common-law courts had largely
limited the relief available in civil cases to the payment of damages and to
the recovery of the possession of property.
The disappointed litigants1 petitioned the king, who was the
fountain of justice. The king, through his Chancellor, eventually set up a
special court to deal with these petitions. The rules applied by the Court of
Chancery hardened2 into law and became a regular part of the law of the
land. The most important branch 3 of equity is the law of trusts 4, but
equitable remedies such as specific performance and injunction 5 are also
much used. In case of conflict or variance between the rules of common
law and equity, equity come to prevail.
Equity thus worked behind the scenes of the common law action;
the common law principles were left intact, but they were superseded 6 by
equitable rules in all cases.
This system went on until 1875 when the old courts of common
law and the Court of Chancery were abolished, and in their place was
established a single Supreme Court of Judicature, each branch of which had
full power to administer both law and equity.
When one says that a particular rule of modern law is a rule of
equity, one means that it has to be read in the light of a whole complex of
rules developed by the Chancellors. One of them was (and is) to the effect
that he who comes to equity must come with clean hands. This rule will
apply whenever the plaintiff7 is relying upon an equitable right, but not
necessarily when he is relying on a common law right. To say that a
particular right is an equitable right means that all the subsidiary rules of
equity apply to it. On the other hand, a particular right is to be interpreted in
a common law atmosphere, leaving out of account such equitable rules as
apply only to equitable rights.
Although the rule is that when law and equity conflict, equity
prevails, there is always the possibility that a litigant who relies on an
equitable rule may for some reason find himself outside the limits of that
equitable rule and when this happens the contradictory common law rule,
which may generally seem to be a dead letter, becomes very much alive.

33

Courts of equity also developed early in the United States, but in

the late 19th and early 20th centuries most U. S. courts similarly abolished
the distinctions between actions at law and suits in equity and fused 8 their
administration in one procedural system, with but one civil action, in the
same court. Modern equity has been much assisted by legislation. The old
notion that equity protects only property rights has been virtually
abandoned. Now an employee9, for example, can be barred from
competing10 with his employer after discharge or resignation. An injunction
may now be had, where other factors of appropriateness permit, against
threatened injury to interests of personality, such as civil liberties, privacy,
reputation and domestic relations
VOCABULARY
1) litigant =.mpricinat, parte litigant, acuzator
2) to harden = a (se) consolida, a (se) ntri
3) branch = ramur, domeniu; cmp de activitate
4) trust = tutel, procur
5) injunction = ordonan, hotrre judectoreasc
6) to supersede = a nlocui; a (se) substitui
7) plaintiff = reclamant (ntr-un proces civil; parte vtmat ntr-un
litigiu civil)
8) to fuse = a se contopi, a fuziona
9) employee = angajat, salariat
10) to compete with = a concura, a intra n competiie
COMPREHENSION CHECK
I. Match each of the following words to the correct definition:
1. to sue
2. damage
3. defender
4. case of first instance
5. to dismiss an appeal
6. to deliver judgement
7. to hold
8. to be entitled
9. plaintiff

A. to have a right to something.

B. a person who defends a civil or criminal action.
C. money given as a legal compensation.
D. to take legal action against someone in a civil
case.
E. to give a judicial decision.
F. to reject, or not accept an appeal.
G. a person who brings an action in civil law
H. to decide in legal proceedings.
I. the first hearing of a case, not an appeal.

34

II. Give the Romanian equivalents of the following legal terms;

Write a sentence with each of them:

injunction
forfeiture
appeal
breach of the law
to move a motion

liable
hereditary peerage
mens rea (lat)
remedy
prima facie (lat)

III. Fill in the blanks, using the words in the table below:
arrest, the police, arrestable offence, general, attempting, serious
arrestable offences, suspecting, offence, restraint
1) Some offences are considered as _________ in which case the
police have additional powers.
2) An __________ is one which carries a sentence of at least five
years of _________
3) ___________ means the loss of liberty, being subject to
_________ as one movements.
4) The _____________ arrest conditions give _______ the power
to arrest for offences which are not automatically arrestable.
5) If the police have reasonable grounds for _________ a person
for committing or _______ to commit any ________ they may arrest that
person.
IV. Give the Romanian for the following branches of law:

Criminal law
Law of Tort
Administrative law
Land law
Roman law

Constitutional law
Property law
Law of contract
Commercial law
Labour law

Try to explain which branch of our law is concerned with the

respective field if there is no exact term
V. Translate the following sentences into English:

35

1) Acuzatul trebuie s fie condamnat la nchisoare pe via,

ntruct a comis un omor.
2) Infractorii sub vrsta de 21 de ani pot fi trimii la instituii de
reeducare.
3) S-ar putea ca el s fie nevinovat.
4) ntruct el dorete s mai lase o parte din averea sa i unei alte
persoane, el trebuie s adauge o clauz n testament.
5) Inculpatul trebuie s plteasc reclamantului o amend mare
ntruct i-a avariat grav maina.
6) S-a instituit procedur judiciar mpotriva oferului vinovat.
7) Judectorul i-a impus inculpatului s plteasc amend plus
cheltuielile de judecat.
8) Ca urmare a atacului comis asupra unui om de ctre cei doi
tineri, s-a emis mandat de aducere n faa instanei a celor vinovai.
9) Dup audierea tuturor martorilor, juriul a nceput deliberrile.
10) n Marea Britanie sindicatele protejaz interesele angajailor
prin negocierea salariilor cu organizaiile patronilor.
VI. Translate into Romanian:
The legal systems rooted in the English common law have
diverged from their parent system so greatly over time that in many areas
the legal approaches of common-law countries differ as much along
themselves as they do with the civil-law countries. Indeed, England and the
United States have so many legal differences that they are sometimes
described as two countries separated by a common law. The most striking
differences are found in the area of public law: England has no written
constitution and no judicial review, whereas every court in the United States
possesses the power to pass judgment on the conformity of legislation and
on other official actions to constitutional norms.
VII. Put the following statements concerning the service of a
writ into chronological order.
1. The court officer stamps the writ and gives it a number.
2. The writ is issued.
3. The plaintiff indorses the nature of his claim against the
defendant.
4. The defendant decides to contest the claim.
5. The writ is sent by first-class post to the defendant.
VIII. Comment on the following proverbs:

36

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

No physician like a true friend.
FOCUS ON GRAMMAR
REPORTED SPEECH
When we report what someone else has said or thought we use
reported (or indirect) speech:
Eg.

He said that he couldnt swim.

She insisted that she had to see us.

DIRECT SPEECH
a. Johnny, youve passed your
exam.
b. Ill telephone today
this
evening
c. Mr. Smith will be back
tomorrow.
d. Your parcel arrived yesterday
Jane
e. It happened two hours ago.

INDIRECT SPEECH
I told Johnny hed passed his
exam.
He said hed telephone
that
day
that
evening
They told me Mr. Smith would be
back the next/the following day.
I told Jane her parcel had arrived the
day before.
They told me it had happened two
hours before.

I. Rewrite the sentences in Reported Speech:

a) Ive read the report and I dont understand section 4, he said.
He said
b) When I finish my presentation, Im going to have a drink, he
said.
He said
c) I like playing tennis, but I dont do it very often, she said.
She said
d) Im preparing the figures but I wont be long, she said
She said
e) Im going to visit our French subsidiary, but Im not sure
when, she said.

37

She said
f) We received your order last week, they said.
They said
g) Im sorry about the delay, Ill deal with this now, he said.
He said
II. Turn the statements, questions and orders below into
reported speech:
a) These shoes are too small. I am returning them to the shop and
I hope I will be refunded, said my aunt.
b) I have just opened a savings account. I want to go to Bahamas
next summer, my friend said.
c) You must take out a mortgage. We can no longer share this
tiny flat , their parents said.
d) Can I buy oil and sugar on credit? My husband will only get
the unemployment benefit next week asked the house wife.
e) I wont pay the bill. Its simply a rip-off, said the customer.
f) Why did they sell this wonderful painting at such a small price?
asked Mrs. Smith.
III. Change the following sentences from indirect into direct
speech:
1. Linda wanted to know whether George had really shot that bear.
2. Mother asked me whether I had finished my work.
3. Doris inquired whether he would bring his brother along.
4. Mike asked his girl-friend whether she liked her new job.
5. Mary wanted to know what she was supposed to do.
6. They asked whether Jack had been heard of lately.
7. I asked Peter whether be had ever eaten cooked bananas.
8. Jimmy asked me yesterday whether I had returned the book.
IV. Translate into English:
a) El spunea c dac pleac imediat o s ajung acas nainte de
miezul nopii.
b) Mi-a spus s-l scuz dac va ntrzia puin.
c) Ea spunea c a trecut o sptmn i jumtate de cnd a venit n
oraul acesta.
d) Spera c dac totul va merge bine va pleca n iunie.
e) Mi-a spus ieri c astzi mplinete 30 de ani.

38

f) Mi-a scris c se afl la Cluj de dou sptmni.

g) Ea mi-a spus c vor pleca la mare de ndat ce discut cu
cumnatul lor.
h) L-am ntlnit pe strad, dar n-am putut sta de vorb cu el fiindc
mi-a spus c e foarte grbit.
i) El ne-a ntrebat de cte ori am fost n strintate.
j) Mi-a spus c dac va citi cartea pn luni mi-o va napoia chiar
n ziua aceea.

UNIT 6
THE SOURCES OF THE ENGLISH LAW
According to the solemnity of the form in which they are made,
laws are traditionally divided into two main categories: written or unwritten.
Written law signifies any law that is formally enacted 1, whether reduced
to writing or not, while unwritten law signifies all enacted law.
On the Continent the volume of written law tends to preponderate
over the volume of unwritten, but in England unwritten law is predominant,
for more of their law derives from judicial precedents 2 than from legislative

39

enactment. Two main and two subsidiary sources of law are to be

mentioned. The principal sources are Legislation and Judicial Precedent; the
subsidiary sources are Custom and Books of Authority.
The principle of justice is enforced in English law by the rule of
stare decisis (referring to what has been decided previously) and this rule
has a coercive3 or binding4 nature in the English system. The rules of
common law have been evolved inductively from decision to decision
involving similar facts, so that they are firmly grounded upon 5 the activities
of litigation and the reality of human conduct. New cases lead onwards 6 to
reach forward new rules. In contrast, the European civil law supposes the
task of the courts to be deductive: to subsume the present case under a
generalized and codified rule. So, a distinctive feature of the English system
is that, because the English judge has through precedent power to make
new law, his position in the legal system is central.
The judge may be obliged to consider the former decision as part
of the material on which his present decision could be based, or he may be
obliged to decide it in the same way as that in which the previous case was
decided. In the latter case the precedent is said to be binding. A court
which is inferior in authority to another court is obliged to follow a court of
superior authority if called upon to decide upon facts similar to facts already
tried by the superior court. On the criminal side of the Court of Appeal the
Court could depart7 from its previous decisions in the interest of justice.
On the civil side it may depart from its previous decisions in three
situations: when there are two earlier conflicting decisions; when the
Courts earlier decisions cannot stand with a subsequent decision of The
House of Lords; and when the Courts earlier decision was given per
incuriam8. These exceptions of the rule of stare decisis underline the fact
that, although the rules of precedent are important in English law, they are
not as important as the judges obligation. The judges have a field of choice
in making their decisions, they rest their judgements upon the general
principles exercised in case law as a whole.
Customs are social habits, patterns of behaviour, which all
societies seem to evolve. Custom is not solely9 important as a source of law,
for even today some customary rules are observed in their own right and
they command almost as much obedience as rules of law in that their
observance10 is not enforced by the organs of the State. In modern times
most general customs have either fallen into desuetude or become absorbed
in rules of law.
The European writings of legal authors form an important source
of law. In England, in accordance with the tradition that the law is to be
sought in judicial decisions, their writings have in the past been treated with
comparatively little respect. They have been cited in court, rather by way of

40

evidence of what the law is than as independent sources from which it may
be derived.
VOCABULARY
1) to enact a law = a promulga o lege
2) precedent = precedent, decizie judectoreasc ce face
jurispruden
3) coercitive = de constrngere, coercitiv
4) binding = obligatoriu
5) to ground upon = a (se) baza pe, a (se) ntemeia pe, a (se)
sprijini pe (fig.)
6) onwards = nainte; mai departe
7) to depart = a se abate
8) per incuriam (lat) = prin neglijen sau omisiune
9) solely = numai
10) observance = respectare; observan; regul
COMPREHENSION CHECK
I. Answer the following questions:
a) How many categories of law do you know?
b) What are the main sources of law?
c) What are the subsidiary sources of law?
d) What is the principle of justice in English law enforced by?
e) How have the rules of common law been evolved?
f) Which is the judges position in the English legal system?
g) Are customs important as sources of law? Why?
h) Do the English legal writings have any importance as a source
of law?
II. Match the following terms with the definitions below:
a) accident personal injury
b) defective equipment
c) dangerous driving
d) impeding
e) riot
f) road block
g) booting

41

1) the offences of theft, burglary or criminal damage during time of

civil unrest, disturbance or natural disaster
2) the assembly of more than two persons whose malicious actions
cause death, injury or property damage
3) the assembly of more than two persons for the purpose of
blocking a roadway; the blockage may be by use of an object, group of
objects or any substance
4) any motor vehicle accident causing injury, but not death, to a
person
5) offences relating to the operation of motor vehicles with altered,
broken, defective, damaged or missing equipment.
6) operating a motor vehicle so as to endanger life or property
7) offences relating to the illegal or improper parking, stopping or
standing on, in or adjacent to a roadway
III. Add suffixes to form nouns:
to appoint; to assess; to attend; to convict; to defend; to dispose; to
establish; to evaluate; to hear; to immigrate; to imprison; to proceed; to
propose; to prosecute; to withdraw
IV. Ask questions to the following statements:
a) The basic powers and responsibilities of local authorities shall
be prescribed by the constitution or statute.
b) The principle of local self-government shall be recognised in
domestic legislation.
c) Public responsibilities shall be exercised by those authorities
which are closest to the citizen.
d) Allocation of responsibility to another authority should weigh
up the extent and nature of the task and requirements of efficiency.
e) Powers given to local authorities may not be undetermined, or
limited by another central or regional authority.
V. Choose the correct answer:
1) In the legal profession, men ___________ women by five to
one.
a) outclass
c) overcome
b) outnumber
d) supersede
2) The _________ sentenced the accused to 15 years in prison

42

a) barrister
c) judge
b) counsel
d) solicitor
3) After a close cross-examination, the barrister was ________ .
His client was telling the truth.
a) content
c) happy
b) glad
d) satisfied
4) I _________ to say anything unless I am allowed to speak to my
solicitor.
a) deny
c) refuse
b) neglect
d) resist
5) All __________ barristers are expected to study at the Inns of
Court.
a) hopeful
c) willing
b) prospective
d) wishful
VI. Translate into English:
1) n Marea Britanie nu exist numai un singur organ al legii.
2) n ce privete diferenele dintre sistemul juridic scoian i cele
din restul Marii Britanii, acestea sunt mai extinse.
3) O trstur comun tuturor sistemelor juridice din Marea
Britanie este aceea potrivit creia sursele de drept includ legislaia,precum
i o mare cantitate de cutum (unwritten law) care provine din numeroasele
hotrri ale instanelor de-a lungul timpului sau din alte surse.
4) Majoritatea urmririlor penale n Anglia sunt conduse de ctre
poliie, dar punerea sub acuzare este de competena procurorului public.
5) Este necesar ca avocaii s caute toate informaiile relevante
pentru cazul respectiv la poliie.
6) Fiecare acuzat are dreptul s apeleze la un avocat pentru
aprare.
7) Dac acuzatul nu poate s-i permit s angajeze un avocat
pentru aprare, atunci i se acord asisten juridic pe cheltuiala public.
8) La nceputul secolului curile de apel au fost obligate s-i
respecte judecile precedente.
VII. Translate into Romanian:
The plaintiff begins his action by way of a writ of summons, which
is a formal document containing details of the parties, the plaintiffs claim,
an instruction to the defendant to acknowledge the writ within a specified
time and a warning to the defendant that he must acknowledge and indicate

43

an intention to contest the case or risk the plaintiff proceeding directly to a

judgment.
On the back of the writ the plaintiff must set out (indorse) the
nature of his claim against the defendant either in a brief, general statement
(a general indorsement) or in a full statement (a special indorsement). If
the writ contains only a general indorsement and the defendant wishes to
contest the case, a full statement of claim will become a necessary part of
the pleadings which will follow in due course.
VIII. Make up your own definition of the doctrine of precedent
in about 50-100 words (with your coursebook closed). All the
definitions should then be read out in class, and a jury should decide
which is the most accurate, complete and grammatically correct.
FOCUS ON GRAMMAR
CONDITIONALS
Type 1
a) possible, probable/real condition referring to something which
may or equally may not happen:
If Clause
Present Tense, Present perfect

Main Clause
Future, Imperative

eg. If it rains, we wont go to buy the newspaper.

b) tentative, possible condition referring to something which is
rather unlikely to happen, but still do so:
If Clause
Should+Infinitive

Main Clause
Imperative

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

Type 2
- improbable condition referring to something to which the speaker
can imagine happening in theory:
If Clause
Past Tense/Past Subjunctive I

Main Clause
Present Conditional

eg. If I were you, I wouldnt change my job.

44

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

Type 3
- impossible condition referring to something in the past which
cannot by definition happen:
If Clause
Past Perfect Tense/Past Subjunctive II

Main Clause
Perfect Conditional

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

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

eg. He will not understand the lesson unless he learns the new
words.
I. Match the two parts of the following statements:
1) If I were a young manager and I received a number of
complaints from my customers about unfriendly service, ..
2) If my suppliers workforce kept going on strike, ...
3) If my employees refused to work overtime,
4) If I inherited a fortune and opened my own business and a close
relative asked me to give him/her a well paid job,
a) I would use alternative suppliers and make sure I had emergency
stocks.
b) I would offer her/him the job only when the business becomes
profitable.
c) I would think of some ways to encourage my staff to be helpful.
d) I would give them bonuses for extra hours.
II. Underline the correct words:
1) I wouldnt/wont worry if I am/were you.
2) If you phoned/had phoned me yesterday, I had told/would have
told you.
3) If you took/would have taken more exercise, you might
feel/had left better.
4) If Tim would have listened/had listened more carefully, he
wouldnt have made/didnt make that mistake.
5) If we would found/found suitable premises, we would have
moved/had moved earlier.
6) If people kept/had kept their offices more tidy, it might
present/presented a better image to our visitors.

45

7) If I had known/would know about their financial problems, I

wouldnt do/wouldnt have done business with them.
8) If our side had been/was better prepared, we succeeded/could
have succeeded in the negotiations.
III. Translate into English:
1) Dac nu l-a fi neles, l-a fi rugat s vorbeasc mai rar.
2) A alege rochia aceasta dac n-ar fi att de strmt.
3) Dac compania noastr ar fi vrut s vnd sau s cumpere
valut, ar fi putut contacta un agent de burs.
4) Dac nu pleci imediat, vei pierde n mod sigur trenul.
5) i-a fi recunosctor dac mi-ai da mai multe informaii n
legtur cu folosirea cardului.
6) Dac nu te trezeti devreme, n-o s poi s ajungi la serviciu la
timp.
7) Dac a fi observat accidentul, a fi notat numerele mainilor.
8) Cum ai reaciona dac ai afla c firma lui va da faliment?
9) Cinele meu latr ntodeauna dac aude vreun zgomot
neobinuit.
10) Kate ar fi nvat nc dou ore, dac ar fi tiut c examenul
fusese amnat.
11) Dac mine a avea zi liber, a pleca n excursie la munte.
12) Dac a fi tiut c facei comer cu aceast firm de atia ani,
a fi luat legtura cu voi imediat.
IV. Put the verbs in brackets into the right form:
a) They (not to be) angry with her if they had known the truth.
b) What you (to do) if you found a burglar in your house?
c) Someone (to steal) your car if you leave it unlocked.
d) Jim (to be ruined) if the bought his wife everything she asked
for.
e) If she were sent to prison, you (to visit) her?
f) He would have forced his way into the house if I (not to call) for
help.
g) If I (to change) my job would it affect my pension?
h) If father had been at home, he (to answer) the phone.
i) Mike wouldnt have believed it if he (not to see) it with his own
eyes.
j) He (to buy) shares in your company if he had some money.

46

UNIT 7
THE BRITISH CONSTITUTION
The British Constitution is not written in a basic document or
group of documents. It has evolved over the centuries with several dramatic
changes and high degree of historical continuity has been maintained as the
constitution has been brought up to date.
The constitution is regulated 1 to a large extent by rules which do
not belong to the normal legal categories and which are called constitutional
conventions. They are rules of political conduct or binding usages, most of
which are capable of being varied or of simply disappearing as political
conditions and ideas change. Sometimes it is convenient to contrast
constitutional convention with strict law 2. This, in strict law (by virtue of
the royal prerogative) the Queen can dismiss her Ministers at pleasure. By
convention this legal power is exercisable only in very extraordinary
circumstances. As the Queen must act in accordance with ministerial
advice, Parliament still adopts the form of conferring discretionary powers
on Her Majesty. This dichotomy3 of law and convention pervades 4 much of
the constitutional law.
The absence of a cumbersome5 procedure for altering rules of
constitutional importance, the omnicompetence 6 of Parliament and the
pliability7 of many constitutional conventions tend to make the British
constitution flexible and easily adaptable.
The upper House of Parliament, the House of Lords, still
constituted on a hereditary basis, is of minor importance; the lower House,
the elected House of Commons, is the focus of political attention. The
political arm of the executive branch of government is recruited from and
located within Parliament, and the Cabinet is collectively responsible to
Parliament in general and the House of Commons in particular. A
Government would either have to resign or go to the country if it were to
forfeit8 the support of a majority in the Commons.

47

Because of the structure of modern British political parties, and the

operation of the electoral system and certain constitutional rules the
Government is normally able to command parliamentary support for the
implementation of almost any policy that it is in practice likely to adopt.
The Government has indeed to be responsive9 to parliamentary opinion, as
well as to the weight of opinion in the electorate at large, but one must not
imagine that it is in any real sense a delegate or agent of Parliament.
Parliamentary government is not governed by Parliament. The Government
governs in and through Parliament. At the same time, it would be erroneous
to speak in terms of Cabinet dictatorship. A Government operates within a
complex network10 of constraints restricting its freedom of manoeuvre.
The constitutional principles, rules and practices of the United
Kingdom have never been codified. They derive from statute law, from
common law, and from conventions of the constitution, which are not laws
at all, but political practices which have become considered as
indispensable to the smooth working of the machinery of government.
VOCABULARY
1) to regulate = a pune la punct, a potrivi; a regla, a ajusta
2) strict law = lege necondiionat, fix
3) dichotomy =dihotomie, diviziune cu dou pri
4) to pervade = a cuprinde; a ptrunde (n)
5) cumbersome = obositor, incomod, greoi
6) omnicompetence = mputernicire deplin
7) pliability = pliabilitate, flexibilitate
8) to forfeit = a pierde prin confiscare
9) responsive = nelegtor; corespunztor
10) network = reea
COMPREHENSION CHECK
I. Answer the following questions:
a) What do you mean by constitutional conventions?
b) Can you explain the term strict law?
c) Is the British Constitution a flexible and easily adaptable one?
Why?
d) What happens if the Government should forfeit the support of a
majority in the Commons?

48

e) Can one speak about the British Government in terms of

Cabinet dictatorship?
f) How does a Government really operate? Explain it in a few
words.
II. March the following terms with the definitions below:
1. demonstration
2. missing person
3. natural or accidental death
4. suicide

5. deportation
6. civil disputes
7. domestic disputes

A. incidents or disputes concerning agreements, property ownership, land

use etc.; they are concluded by referring the parties to judicial officers,
social department or other agencies
B. the official government action of expelling a person from a country or
from a province
C. the assembly of more than two with a common purpose without causing
death, injury or property damage
D. family disputes in which there is absolutely no criminal conduct
E. cases of persons who intentionally terminate their lives
F. the report that a persons location is unknown and, should reasonably be
known; this report must be made by a responsible party
G. deaths reported to the police that are caused by natural body functions or
by unintentional but legal actions
III. Choose the right answer:
1) The judge _______ the pedestrian for the accident.
a) accused
c) charged
b) blamed
d) sued.
2) A _______ is a trial lawyer or litigator.
a) barrister
c) solicitor
b) judge
d) coroner
3) The judge will hear the next _______ after lunch.
a) case
c) lawsuit
b) charge
d) trial.
4) His legal training enables him to put his case ______ very
convincingly.
a) down
c) over
b) out
d) up
5) The ________ sentenced the convicted man.

49

a) judge
b) counsel

c) barrister
d) prosecutor

IV. Give the Romanian equivalents of the following legal

terms. Write a sentence with each of them:

assent
to hold office
adjournment
to reverse a sentence
liability

to take precedence
misconduct
to be empowered
to vest
retirement

V. Reduce each of the following complex sentences to make a

more condensed one:
1) Passengers must go through the Customs before they embark.
2) He promised he would buy me a present.
3)Dont forget you must deposit your key at the reception desk
when you leave the hotel.
4) We are sorry we are so late.
5) I regret I spoke to the boy so rudely.
6) The meeting that was arranged for tomorrow will now be held a
week from tomorrow.
7) Can you find something that will stop the door banging?
8) I hope I shall hall see you on Tuesday.
VI. Translate into English:
1) El ar fi putut obine o not mai mare la Drept Civil, dar nu a
studiat ndeajuns.
2) El ar fi trebuit s plteasc o amend mai mare pentru avarierea
destul de serioas a mainii reclamantului.
3) Nu putea s fure el ceasul, toat lumea l consider un om onest.
4) Este necesar ca aceast lege s fie votat n parlament.
5) Avocatul insist ca inculpatul s fie eliberat pe cauiune.
6) Judectorul a hotrt c tnrul infractor s fie trimis la o coal
de reeducare.
7) Pot fi jurisconsuli absolvenii facultilor de tiine juridice.
8) Funcia jurailor este de a declara dac acuzatul este vinovat sau
nevinovat.
VII. Translate in to Romanian:

50

When the governments manifesto commitment to introduce

compulsory trade union recognition is finally implemented, an increasing
number of employers may come under pressure to reach collective
agreements on such matters as the procedure for selection in the event of
redundancy. The Court of Sessions decision in the case assumes particular
significance against that backcloth. The employer had agreed with the GMB
a selection procedure on the basis of last in, first out, but decided instead
to apply an alternative scheme. An employee who was thereby placed in the
firing line sought an order prohibiting the employer from making a selection
on any basis other than last in, first out.
VIII. Comment on the following proverbs:
Much law, but little justice.
Of two disputants, the warmer is generally in the wrong.
FOCUS ON GRAMMAR
UNCOUNTABLE NOUNS
An uncountable noun has only one form. We cannot use
numbers with it:
Eg.
- substances, materials: water, air, oil, coffee, money,
steel, food, electricity.
- abstract ideas: freedom, progress, health, trouble, fun.
- activities: sleep, music, work, football, research
- human qualities/feelings: sadness, respect, courage,
honesty, patience.
The following nouns are uncountable in English: advice,
business, cash, furniture, health, homework, luggage, machinery, money,
accommodation, traffic, weather.
A few uncountable nouns and in s: athletics, diabetes,
economics, gymnastics, measles, news, politics.
Uncountable nouns cannot be counted directly; however, we
can count them using phrases like: a piece of, a bit of, an item of, a cup of,
a glass of, a bottle of, a kilo of, a barrel of etc:
eg.
a piece/two pieces of advice
a bottle/two bottles of water
a bit/two bits of information
a kilo/two kilos of rice

51

an item/two items of news

a barrel/two barrels of oil.

Singular or Plural?

Some singular nouns can be followed by either a singular

verb or a plural verb: army, audience, board, committee, family, group,
management, staff, team, union:
eg.
The company is/are doing very well at the moment.

Some nouns have only a plural form and take a plural

verb:
eg.
clothes, contents, earnings, expenses, feelings, goods,
police, scissors, remains, surroundings, trousers.
I. Underline the correct words:
a) How much/How many pages are there on your website?
b) Is/Are there many/much traffic in Geneva?
c) How much/How many information have we got about this
company?
d) Where is/are the goods we ordered?
e) There is/are some people waiting for you in reception.
f) We bought some new equipment/equipments last month.
g) He gave me an/some advice which was/were really useful.
h) Im afraid we havent got much/many time.
i) The news is/are on at nine. They may be an/some information
about Davos.
j) You can choose some/any colour you want.
II. Fill in the blanks with the correct form, singular or plural,
of the verb (use simple present or past tense):
1) The United States .. a great political and
economic power.
2) The youth everywhere .. eager to live an
interesting life.
3) The headquarters located in a developed
area.
4) A lot of information .. necessary for the new
project.
5) The equipment that we ordered . here.
6) Economics studied in all business schools.
7) The ecological farm produce in great demand.

52

8) The news about the closure of the company really

depressing.
9) How much money left in your account?
III. Singular or plural? Underline the correct form of the
words in italics in each pair there is one singular and one plural:
a)
1. The large content/contents of the lorry made it possible
to carry all those goods.
2. The content/contents of the book seemed interesting
enough.
b)
1. The premise/premises may have been good, but the
final result was a failure.
2. The companys premise/premises had to be
redecorated.
c)
1. They had to wait a lot before they passed the
custom/customs.
2. They admired the unique custom/customs people keep
in that village.
d)
1. The sales targets for the first term/terms could not be
achieved.
2. The term/terms of the contract will be drawn up by the
lawyers.
e)
1. The compass/compasses broke, so that the explorer lost
himself in the rain forest.
2. I borrowed his compass/compasses to finish my
diploma design.
f)
1. I need the minute/minutes of the last meeting.
2. They didnt find out the result of the contest until the
last minute/minutes.
g)
1. The girls tried on a lot of cloths/clothes for their
holidays.
2.She bought some cloths/clothes to have a few dresses
made.
h)
1. The manager has asked us to collect the figures and
submit him the statistic/statistics.
2. Students have passed their exams in statistic/statistics.

IV. Translate into Romanian:

53

a) All Dacians rose in arms when the Romans invaded Dacia. b)

The letter burnt to ashes. c) Clothes do not make the man. d) Have a look at
the table of contents. d) Goods are usually transported in goods trains. e)
They couldnt finish the project for lack of funds. f) He is a man of means,
he can afford it. g) Youll find the information you need in the minutes of
the meeting. h) We are all at pains to please her. i) There is a suspect on the
premises. j) Ive put all my savings in the savings bank. k) She is always in
good spirits. l) I cant drink spirits. m) She is sitting on the stairs n) The
standard of living in the Middle Ages was very low.
V. Translate into English:
1) Etajera aceasta poate ine multe cri. 2) Sunt muli clieni n
magazinul din col. 3) Pojarul este o boal contagioas. 4) Cine i-a adus
tirea? 5) Tmplarul, pe care l-ai cunoscut la mine, face mobil frumoas. 6)
Am vzut muli peti notnd sub pod. 7) Mrfurile acestea au venit din
China. 8) Vrei s-mi dai foarfecele o secund? 9) A tiat dou pini i a pus
feliile pe mas. 10) Cu mintea ta i cu puin hrnicie poi s reueti. 11)
Au mncat orez n loc de cartofi. 12) Oamenii acetia s-au adunat pentru a
rezolva o problem important. 13) Trebuie s te duci n ora s cumperi
nite pahare. 14) Acoperiurile caselor erau acoperite cu zpad. 15) A
cumprat cteva gte. i place carnea de gsc? 16) Turitii au ntlnit
cteva cprioare. 17) De ce se pune petrol n lamp? 18) Pinea aceasta este
proaspt, aceea este veche. 19) Dac nclzeti ceara, ea se nmoaie. 20)
Oamenii acetia sunt din nord.

UNIT 8
THE ACTORS OF THE CONSTITUTION
The British monarchy must seem to outsiders a caricature of the
traditional conceits: the participants are trusted to play the game, though its
rules are undefined, and, if they do not abide 1 by the rules, nobody knows
what the sanctions might be.
Most political business in Britain is conducted in the name of the
Crown. Parliament does not govern; the Queen in Parliament governs.
When Parliament reassembles 2 at the beginning of a session, the Queen
herself reads out the list of laws the government hopes to pass. Every bill
that passes through Parliament needs to have royal assent 3 before it passes

54

into law. The Queen appoints bishops, judges and the top brass 4 of the
army, but always on the advice of the Prime minister. When one party wins
a majority in the House of Commons, the monarch has no difficulty in
nominating the leader of the party to be prime minister. The Queen has to
work on two principles: she must appear impartial, and must find a
government capable of surviving in the House of Commons.
The House of Lords is made up of hereditary and life peers 5 and
peeresses, including the law lords appointed to undertake the judicial duties
of the House, the archbishops of Canterbury and York, the bishops of
London, Durham and Winchester and 21 senior bishops of the Church of
England. The main function of the House of Lords is to bring the wide
experience of its members into the process of law-making.
The House of Commons is elected by universal adult suffrage and
consists of 650 members of Parliament (MP s). General elections are held
after a Parliament has been dissolved and a new one summoned 6 by the
Queen. When an MP dies or resigns or is given a peerage 7, a by-election8
takes place.
For electoral purposes the United Kingdom is divided into
constituencies9, each of which returns one member to the House of
Commons. Elections are by secret ballot. British citizens and citizens of
other Commonwealth10 countries, together with citizens of the Irish
Republic, may vote provided they are aged 18 or over, resident in the
United Kingdom, registered in the annual register of electors for the
constituency and not subject to any disqualification.
People not entitled to vote include members of the House of Lords,
patients detained under mental health legislation, sentenced prisoners and
people convicted within the previous five years of corrupt or illegal election
practices.
The Representation of the People Act 1985 extends the franchise 11
to British citizens abroad for a period of five years after leaving the United
Kingdom and extends the right to apply for an absent vote to all those who
cannot reasonably be expected to vote in person at the polling 12 station. A
candidates nomination for election must be signed by two electors as
proposer and seconder, and by eight other electors registered in the
constituency. He or she does not require any party backing. A candidate
must also deposit 500, which is forfeited if his or her votes do not exceed
5 per cent of those validly cast.
VOCABULARY
1) to abide by = a respecta, a se conforma (unei legi, unui
regulament)

55

2) to reassemble = a re-convoca o ntrunire

3) royal assent = acordul regal; consimmntul
4) brass = ofieri superiori
5) peer = pair, nobil
6) to summon = a convoca
7) peerage = rang de pair; pairii, Lorzii Regatului
8) by-election = alegere local/parial
9) constituency = circumscripie electoral; corp electoral
10) Commonwealth = republica englez, statul englez
11) franchise = privilegiu, scutire; concesiune
12) polling station = centru de votare
COMPREHENSION CHECK
I. Find the meaning of the following words and phrases:

member of the House of

Lords
to conclude a debate
repugnance
to supply
to put off

schedule
hereditary peer
to eradicate
to plunge
spokesman

II. Answer the following questions:

a) What role does the Queen play in the process of legislation?
b) What are the two principles the Queen has to work on?
c) Who are the members of the House of Lords?
d) Who undertake the judicial duties of the House?
e) What does the House of Commons consist of?
f) When does a by-election usually take place?
g) What are the basic requirements for someone wishing to vote in
a United Kingdom election?
h) Is the system different from the one in our country?
III. Match the English terms on the left (1-14) with their
equivalent Romanian expressions (A-N) on the right:
1. ballot
2. by-election
3. constituency

A. sufragiu
B. loc, fotoliu
C. a demisiona

56

4. to be entitled to vote
5. franchise
6. to lose/forfeit ones deposit
7. party baking
8. to poll
9. polling station
10. by proxi
11. to resign
12. seat
13. sentence
14. suffrage

D. alegeri (legislative) pariale

E. circumscripie electoral
F. scrutin
G. a avea drept de vot
H. a condamna
I. birou electoral
J. prin procur
K. drept de sufragiu
L. a obine/primi voturi
M. a-i pierde cauiunea/garania
N. susinerea unui partid

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

English
however
moreover

aadar, n consecin
therefore
pe cnd, n timp ce
unless
n consecin, prin urmare
aa nct
in order to

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

law courts:

to bring an action against smb. a aciona n judecat pe cineva

to bring a prosecution a pune sub acuzare
to comply with a decision a se supune unei hotrri
to commit an offence a comite o infraciune
to conduct an enquiry a conduce o anchet
to deprive smb. of liberty a priva pe cineva de libertate
to discharge a defendant a pune n libertate un acuzat
to give evidence a depune mrturie
to grant legal aid a acorda asisten juridic

57

VI. Translate into English:

1) Dreptul european devine din ce n ce mai operant datorit Curii
de Justiie.
2) Curtea de Justiie rezolv cazuri litigioase n Europa.
3) Uniunea economic i monetar a Europei este un progres
imens.
4) Judectorii fac totul pentru ca dreptul britanic s rmn
conform cu dreptul european.
5) Tribunalul Primei Instane, care va trata cazurile minore, nu
exist dect de cteva luni.
6) Guvernele verific deja legislaia european i sunt suspicioase
cu privire la modul de scrutin.
7) Parlamentul va vota luna viitoare amendamentele la Actul din
1987.
8) Patrioii pretind c Marea Britanie nu ar trebui s se plieze n
faa legilor europene i nici n faa exigenelor Curii Europene.
VII. Translate into Romanian:
After a regulation has been adopted, there will be an ex post
assessment of whether the regulation actually realizes its objectives. This
may be a formalized assessment, but most often it is an informal process
through public discussion, press comments, court decisions, etc. The result
may be that one initiate a revision process, which generally will take the
form of a report that concludes whether amendments should be introduced,
and which is subject to a political decision. If the decision is positive, a draft
of the new regulation is developed and is made subject to an ex ante review,
both with respect to whether political objectives will be realized and to the
more legal technical details of the drafting. The draft be then adopted.
VIII. Discussion:
Use the following quotation as a basis for discussion
Modern societies still need myth and ritual. A monarch and his
family supply it; there is no magic about a mud-stained politician
(Sir Ian Gilmour)
FOCUS ON GRAMMAR

58

RELATIVE PRONOUNS
The words who, which, that, whom and whose can begin a
relative clause. They are called relative pronouns.
For people both who and that are used, but who is more
common.
eg: The candidate who they chose for the job has a finance
background.
For things or ideas both which and that are used, but that is
more common, especially in speech.
The products that you ordered were sent today.
They won the contest which made us quite happy.
The relative pronoun whose shows that something belongs to
someone or some thing.
The European Union is an organization whose policies change
quite slowly.
In formal English it is possible to use whom instead of who
where who is the object of the sentence. But in modern English most
speakers only use who.
The candidate who/whom we chose has a finance background.
We must keep the relative pronoun in non-defining clauses.
We can not leave it out (it makes no difference whether it is followed by a
noun or a verb).
The technician, who my colleagues know well, said the network
was working fine.
The salad, which had avocado in it, was superb.
That is never used in a non-defining relative clause.
I. Complete the sentences with who, whose or that:
1) They promoted the manager ... sales team was
most successful.
2) Do you know Catherine works for?
3) The consultant, ... seems very young, is speaking to
Martin.
4) I cant remember . I invited to the meeting.
5) The contract . you showed me before was different
to this one.
6) Your colleague, I met this morning, had the same
opinion.
7) I dont remember .. I spoke to when I called
yesterday.

59

8) Its difficult to say . this fax was sent by.

9) The manual .. they sent explains everything.
10) The customer company I visited is phoning this
afternoon.
II. Decide whether the words in italics are defining or nondefining relative clauses:
1) The train, which leaves at 8 a. m., doesnt stop at Bath.
2) The train which leaves at 8 a. m., doesnt stop at Bath.
3) The projector which has a new bulb is over there.
4) The projector, which has a new bulb is over there.
5) The food, which was very nice, was served at the bar.
6) The man who is in reception has been waiting for ten minutes.
7) The technician who spoke to Tony was our neighbour.
8) The technician who spent over on hour here, said the network
was working fine.
III. Combine the following pairs of sentences by means of
relative pronouns: who, what, which, whose, that making any necessary
changes. Some relative pronouns can be omitted.
1) You sent us a letter. Thank you very much for it.

2) A receptionist answered the phone. She said the finance

manager was not available.

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

were from abroad.

4) The lecturer announced he would arrive sooner. This didnt suit

me at all.

5) This is Mr. Roberts, His company was among the most

successful businesses last year.

6) Our company has recently launched a range of new products last

month. Many of them are already in great demand.

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

60

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

IV. Translate into English:

1) De la cine a cumprat George maina?
2) De obicei nu spune cu cine se ntlnete.
3) Cui dorea s-i plteasc Petre?
4) Mi-a spus cui a dat cartea.
5) Tot ceea ce mi-a spus m-a impresionat profund.
6) El este un scriitor ale crui opere sunt bine cunoscute.
7) Tom poart o hain care este prea larg pentru el.
8) Revista pe care mi-ai mprumutat-o este foarte interesant.
9) Fata pe care tocmai ai ntlnit-o este nepoata mea.
10) Biatul care a aruncat piatra va fi pedepsit.
11) Acesta este omul cruia i-am dat pachetul.
12) E acelai volum pe care mi l-ai dat sptmna trecut.
13) Bibliografia pe care mi-ai recomandat-o m-a ajutat mult s-mi
fac lucrarea singur.
14) notul, care este un sport minunat, face oamenii puternici i
sntoi.

61

UNIT 9
LEGAL PROFESSIONS
Of the public roles played by members of the legal profession, that
of judge is most visible, but the status of judge and the mode of entry into
this branch vary considerably from country to country. The traditional
independence, prestige and creativity of the Anglo-American judge
contrasts with the rather ordinary civil servant status of most continental
judges.
The English judiciary consists of judges of the High Court and
appellate1 courts and comprises the Lord Chancellor, the lord Chief Justice,
the Master of the Rolls2, 11 Lords of Appeal, 18 lords justices of appeal, the
Vice-Chancellor, the President of the Family Division of the High Court
and 80 other judges of the High Court. The Circuit 3 judges try criminal
cases in the Crown Courts and civil cases in the County Courts and they are
less than 400. By contrast, the American judiciary is enormous: the federal
judiciary (over 700), District judges, who are trial judges (over 545) and the
judges of the state court systems exceeding 7, 500 though many of these
may have limited jurisdiction. Besides, American judges operate in a far
less centralized system. Not only does each state have its own judicial
system within its own borders, distinct from the federal system which
covers the whole country, but even the federal system itself is decentralized
to a significant degree.
In England there are two distinct kinds of legal advisors: barristers 4
and solicitors5, whereas America has one professional status of lawyer,
attorney or counsel. The English bar is exceedingly small profession. There
are today about 5,300 practicing barristers which is only about one-tenth the
number of practicing solicitors.
An important factor that strengthens the cohesiveness 6 of this
tightly knit profession is that the majority of barristers practice in London
and nearly all have chambers 7 in a very limited number of areas. The
English bar is almost the apprenticeship 8 for becoming a judge. Senior

62

barristers appearing daily in court become so acquainted with the role of the
judge that they can move from bar to bench 9 overnight, doffing10 the role of
advocate and adopting that of judge.
The disappearance of the civil jury means that oral argument in
English Courts tends today to encourage skill in arguing strict points of law
in a way which matches the approach of English judges. The English
barrister acts as a filter through whom assertions and arguments have to be
made. In this respect, he is not just a hired retainer 11, but a public official
with important responsibilities for the working of the legal system as a
whole.
According to the American Bar Foundation Research Study
released in 1985, there are more than 675,000 lawyers in America. About
two thirds of all American lawyers are in private practice, with some ten per
cent in government service. Unlike an English barrister who is a specialist
in advocacy but a generalist in law, many American lawyers are likely to
specialize in a narrow area, and may have little sense of the general values
and ideas influencing judges in other areas. Unlike English barristers, most
American lawyers do not regularly appear before judges anyhow, and those
who do, found themselves before a wide variety of judges, state and federal,
trial and appellate. Like judges, lawyers in America are often more political
than awyers in England, and in a variety of ways they play a larger role in
the formulation of policy.
The prosecutor, who performs the function of trial lawyer for
sovereignity has extensive resources at his disposal for investigation and
preparation purposes. He is not at liberty to distort or misuse this
information. He must disclose information tending to relieve the accused of
guilt. The efforts of the prosecutor and the court should be directed toward
fairness and justice. But it is as much his duty to refrain from improper
methods calculated to produce a wrongful conviction as it is to use every
legitimate means to bring about a just one.
VOCABULARY
1) appellate court = curte de apel
2) Master of the Rolls = eful baroului
3) circuit judges = judectori de circumscripie
4) barrister = avocat pledant
5) solicitor = avocat, consilier juridic
6) cohesiveness = coeziune
7) chamber = sediu profesional al avocailor pledani
8) apprenticeship = ucenicie
9) bench = scaun judectoresc

63

10) to doff = a scoate, a schimba

11) retainer = angajat, consilier
COMPREHENSION CHECK
I. Answer the following questions:
a) What representatives does the English judiciary consist of?
b) What does the American judiciary consist in?
c) How do the American judges operate?
d) What factor really strengthens the cohesiveness of the English
legal advisors?
e) How does the English barrister act like?
f) What is the difference between an English barrister and an
American lawyer?
g) What is a prosecutor?
h) What way should a prosecutors efforts be directed towards?
II. Give the Romanian equivalents of the following legal terms;
write a sentence with each of them:

to caution
bail
to submit
adviser
under arrest

treason
tax evasion
to squash a decision
levy
chattels

III. Try to match the legal terms (1-10) with their correct
definitions (A-J):
1. Intestate succession
2. A fine
3. Tenants in Chief
4. Tenure of land
5. The Assizes
6. Appellate jurisdiction
7. Forfeiture
8. An itinerant court
9. First instance jurisdiction
10. Equity.

64

A. Ownership of property
B. A court that moves from town to town
C. Loss of property or a right as a result of an offence.
D. The law concerning the transmission of a dead persons estate
to the beneficiaries when no will has been drawn up.
E. Norman noblemen given their land directly by the king.
F. The power of a court to hear and judge a new case.
G. A system of law complementary to the common law.
H. A sum of money that an offender must pay when ordered to do
so by a legal authority as a punishment for the offence.
I. Sittings of courts presided over by judges who would travel
around the country.
J. The power of a superior court to review the decisions of an
inferior court.
IV. Make up sentences using the following legal phrases used
in law courts:

to grant bail = a acorda cauiune

to infringe smbs right = a nclca drepturile cuiva
to institute proceedings = a introduce o aciune
to impose a fine = a impune o amend
to issue a writ for damages = a dispune plata unor daune
to make an appeal = a face recurs
to pass sentence = a pronuna sentina
to plead guilty = a pleda pentru vinovie
to set aside = a infirma o judecat
to vote down a proposal = a refuza prin vot o propunere

V. Put the following actions in the correct order:

tried committed a crime accused interrogated charged
paroled arrested thought about committing a crime interrogated sent
to prison convicted arrested suspected.
VI. Translate into English:
Activitatea avocatului se realizeaz prin:
- consultaii i cereri cu caracter juridic, asisten i reprezentare
juridic n faa organelor de jurisdicie, de urmrire penal i de notariat;

65

- aprarea cu mijloace juridice specifice a drepturilor i intereselor

legitime ale persoanelor fizice i juridice n raporturile cu autoritile
publice, instituiile i orice persoan romn sau strin;
- redactarea de acte juridice, cu posibilitatea atestrii identitii
prilor, a coninutului i a datei actelor;
- orice alte mijloace i ci proprii exercitrii dreptului de aprare n
condiiile legii.
VII. Translate into Romanian:
Practitioners will need to familiarize themselves with the rules
about internal appeal procedures. A tribunal will have the power to reduce
the compensatory award for unfair dismissal where an employee has, at the
time of the dismissal, been told about any appeal procedure provided by the
employer but has failed to make use of that procedure. The amount of the
reduction shall be such amount (if any) as the tribunal considers just and
equitable. The new rules are not entirely one-sided. A tribunal will also be
able to make a supplementary award of compensation where an employer
does not allow an employee to use an appeal procedure provided by him.
The tribunal must take account of what would have been the likely outcome
of any appeal under the procedure in assessing the amount of the reduction
or supplementary award, but in no case will its amount exceed two weeks
pay.
VIII. Comment on the proverbs:
Adversity makes a man wise, not rich.
It is not the coat that makes the gentleman.
FOCUS ON GRAMMAR
DETERMINERS
A determiner is a word used in front of a noun to show which
thing you mean, or to show the quantity of something. Determiners include:
a/the, my/your, this/that, all/most/some/any, no/none, much/many/a little/a
few, each/every, both/either/neither.
no, none
We can use no with a singular noun, plural noun or uncountable
noun.
eg.
No employee has more than 25 days paid holiday.

66

No new ideas were put forward at the meeting.

There was no useful information in the report.
To emphasize the idea of none we can use none at all or not one or
not a:
eg.

A: How many people came?

B: None at all!/Not one!/Not a single person!
each, every
- we use each when we think of the members of a group as
individuals, one by one. It is more usual with smaller groups and can mean
only two.
eg.
Make sure that each parcel has a label.
- we can use each of :
eg.
Each of the parcels needs a label.
- each can be used after the subject, or at the end of a sentence:
The parcels each need a label.
or
The parcels need a label each.
both, either, neither
- we use both, either and neither to refer to two things..
both means the one and the other:
Both emails/Both the emails/Both of the emails/Both of them are
important.
The emails are both important. Ive read them both.
either means the one or the other. Neither means not the
one or the other:
Monday or Tuesday? Yes, either day/either of the days is fine.
Monday or Tuesday? Im sorry, but neither day/neither of the
days is convenient.
I. Underline the correct words:
1) Every option has been/Every options have been explored.
2) The flight and hotel are booked. All/Everything is organized.
3) I cant see no/any solution to the problem, Im afraid.
4) All of/Every of the files are corrupted by the virus.
5) I cant come at the week-end. Im busy both days/every day.
6) Each our customers/Our customers each have a separate file
on the database.
7) Sorry, but I cant hear either/neither of you properly.
8) Some of/Some restaurants have service included in the price.
9) Not one/Not no question has been answered.
10) The key account managers each/every have their own list of
clients.

67

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

12) O K, I think that covers all/everything on that point. Shall we
move on?
II. Complete the sentences with a word or phrase from the list
below: all, any, no, not one, none, each, every, both, either, neither.
1) I cant go There are only two flights, and there are
.. seats left on .. of them.
2) I cant go. There are only two flights, and
of them has any seats left.
3) We sent letters to sixty customers, but replied!
4) .. I want is a bit of peace and quiet to finish
writing this report.
5) Ive phoned store in the Yellow pages and
they are out of stock.
6) We have three models, and .. one has its
own special features.
7) I was nervous at the start of my talk, but after that I enjoyed
.. minute.
8) I got three letters, but there were .. for you, Im
afraid.
9) I got three letters, but there werent .. for you, Im
afraid.
10) The Trade Fair is important. We need .. Sue and
Mike on the stand.
11) Both roads lead to the city center. You can take
.. one
12) Youve been six of the best trainees that weve ever had on this
course. The best of luck to .. of you in your future careers.
III. Rewrite the second sentence so it has a similar meaning to
the first sentence and contains the word in brackets:
1) We only have a week left (all).
..................................................... a week.
2) All the participants will be sent an agenda (every).
....................................................will be sent an agenda.
3) This idea wont work, and the other one also wont work
(neither).
................................................................will work.
4) Not one of my colleagues speaks German (none).

68

.................................................... speak German.

5) No documents were inside this parcel (any).
There ................................................inside this parcel.
6) We only want a weaker dollar (all).
..................................................... a weaker dollar.
7) The hotels were both unsuitable (neither).
.................................................... suitable.
8) The two proposals are interesting (both).
..............................................interesting.
9) Not all the audience understood his talk (some).
.................................................. understand his talk.
10) These items arent expensive (none).
................................................. expensive.
IV. Translate into English:
a) El nu este nici atent, nici disciplinat.
b) Nici unul dintre noi nu avea idee a cui e vina.
c) Att poliia ct i ofierul de la imigrri pot aresta un suspect
care a comis o infraciune legat de imigrare.
d) Oricine i poate da un asemenea sfat.
e) Nici oferul i nici conductorul camionului nu au fost vinovai.
f) Anul acesta noi studiem att Dreptul Civil ct i Dreptul Penal.
g) Mi-a cerut nite plicuri, dar n-am avut nici unul.
h) Infractorul va fi ori amendat, ori condamnat la un an nchisoare.
i) Nici Peter i nici Jane nu au fcut progrese n studiul limbii
engleze.
j) Regretm cu toii timpul fericit al studeniei noastre.
k) Att Robert ct i Dan au obinut note bune la examen.
l) n vara aceasta el vrea s fac o excursie n Frana ori n Italia.

69

UNIT 10
EUROPEAN LAW
The European Court of Justice in Luxembourg, the final arbiter of
European Economic Community (EEC) law, is inspired by the French
Conseil dtat. The system of dividing the court into chambers, and the role
of the advocates-general who assist the 13 judges, are derived from the
French legal system.
If the courts model is French, its functions are frequently
compared to those of the United States Supreme Court. Just as the supreme
court settles disputes1 in the federal structure of the United States, so the
Court of Justice settles those in the EEC. Its judgments are final, there is no
further appeal. The Courts task is to see that EEC law is properly applied
throughout the Community.
Unlike the Supreme Court, its judgments have to be unanimous.
There is no dissenting2 minority, at least outside the judges private
deliberating chamber. EEC members have no choice but to respect the
rulings3 of the court: its powers are set out4 in the Treaty of Rome, which
they have all accepted. In this, the European Court of Justice differs from
two other courts with which it is sometimes confused, the International
Court of Justice in the Hague (the World Court) and the European Court of
Human Rights in Strasbourg. EEC member states have no treaty obligation
to accept rulings of the World Court or of the European Court of Human
Rights. All community countries are also members of the Council of Europe

70

and have chosen to recognise the jurisdiction of its court in human-rights

cases.
No member country has refused to accept a ruling of the European
Court of Justice on a large issue of principle. In some instances, however,
they have dithered5 for a long time before complying. France delayed
opening its market to imports of mutton and lamb from Britain to protect its
own high-cost producers for several months after a court condemnation.
Four years later Britain put into practice a ruling that it should accept
imports of long-life milk from the continent (mainly France).
When France delayed applying its ruling, the court came under
pressure to issue a second condemnation under its emergency procedures.
The courts refusal to do so was at first seized upon by some British
commentators as evidence of the court bowing6 to political pressure. But its
reasoning-that to issue a second ruling would devaluate the validity of the
first-was widely accepted as wise.
The same reasoning prevailed when the idea of penal sanctions to
back up7 court decisions was rejected by EEC legal experts looking into
reforms of the Treaty of Rome designed to help speed the 1992 project
along. The reforms, in the shape of the 1987 Single European Act, created a
junior court, to ease the workload in Luxembourg. This court, called Court
of First Instance, will deal with minor cases and is due to begin work later.
The most important cases concern the respect by EEC countries of
their treaty obligations and, for private companies-the application of
Community competition and trade policy. American multinationals turn to
the court if they feel the commissions have fined them unfairly for breaches
of EEC antitrust8 law.
The new rules resulting from the Single European Act and the
1992 project will add to the courts work. EEC legal experts complain
privately that the act, which was drafted 9 in less than six months, contains a
number of ambiguities and even contradictions. The court will no doubt
have to sort some of them out. It will also be called upon more and more by
national courts for rulings on how they should apply the growing number of
EEC rules. And it will have to arbitrate in cases where member-states
contest some of the Communitys new powers. Governments are carefully
checking each major item of 1992 legislation to see whether it requires a
majority vote or a unanimous one in the Council of Ministers or whether the
EEC is competent to decide at all. Britain is being particularly vigilant.
VOCABULARY
1) to settle a dispute = a soluiona un diferend
2) dissenting = care este n dezacord sau n opoziie

71

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

4) to set out = a pune n ordine, a stabili
5) to dither = a ovi, a ezita
6) bowing = care se supune
7) to back up = a face s dea napoi
8) antitrust law = lege antitrust
9) to draft = a schia, a ntocmi un plan/proiect
COMPREHENSION CHECK
I. Find Romanian equivalents to the following words and
phrases:

to act indecisively
complaint
to yield
punishable
executive

due process
pursuant to
assault and battery
to threaten
thereby

II. Answer the following questions:

a) Outline the role of the European Court of Justice. How does it
differ from the other institutions?
b) Do the EEC member states have any treaty obligation to accept
rulings of the World Court?
c) Why do the EEC legal experts complain about the Single
European Act?
d) Will the role of the European Court of Justice change in a more
united Europe? Why?/Why not?
III. Select the most appropriate answer:
1) The European Court of Justice is widely respected because.
A. unlike the Supreme Court, its judgments have to be unanimous.
B. countries have to deffer to European law should their own
legislation be at variance with it.
C. an Italian refused to pay his electricity bill in 1964.
D. it is the only court in the Community.
2) The European Court of Justice
A. functions in exactly the some way as the French system.
B. conducts all its cases in French.

72

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

D. is modelled on the U. S. Supreme Court.
3) Rulings of the European Court of Justice.
A. have sometimes to be enforced by threatening penal sanctions
B. are always accepted by member countries
C. tend to be biased in favour of the French
D. are always implemented immediately and without question.
4) The Court of First Instance
A. was created to take some of the work pressure off the court in
Strasbourg.
B. will handle trade policy for private sector companies.
C. will deal only with staff disputes among Eurocrats.
D. was created because of the growth in the number of cases.
5) The Court of Justice.
A. may well have to arbitrate on cases that arise as the result of a
hastily drafted act.
B. will have less work now because of Britain.
C. has received less criticism recently out of deference for its
growing powers.
D. is composed of exactly the same number of judges from each
member country.
IV. Make up sentences using the legal phrases below:
to plead non-guilty = a pleda pentru nevinovie
to quash a decision = a casa o decizie
to resolve a conflict = a soluiona un conflict
to reverse a sentence = a revoca o sentin
to state the cause = a-i apra cauza
to sue smb. = a da n judecat pe cineva
to try a case = a judeca un caz/proces
to punish with imprisonment = a pedepsi cu nchisoarea
to bring in a verdict of guilty/non guilty = a pronuna un verdict
sau o decizie de achitare/condamnare (de ctre juriu).
V. Match the sentences on the left with the appropriate
sentences on the right:
1) The Department of Employment
Productivity in Great Britain
provides employment services to

73

a) unless they are guilty of

serious misconduct

help men
2) Working conditions in Great
Britain are regulated by legislation
3) Much is done on a voluntary
basis by employers
4) Special help includes industrial
rehabilitation
5) Employees are protected by the
Contracts of Employment Act 1963
against dismissal without notice

b) is available to be disabled
c) which is enforced by public
inspectors
d) who are seeking suitable
work to get suitable jobs
e) who try to maintain good
working conditions in places of
employment

VI. Translate into English:

Martorul: Am vzut acuzatul la locul crimei acum o lun.
Procurorul: V nelai, pentru c n acea perioad v aflai n
vacan n Italia.
Martorul: Cum putei afirma aa ceva?
Procurorul: Este foarte simplu. Am plecat cu dou sptmni
naintea dumneavoastr pentru a-mi petrece vacana n Italia. n ultima zi, n
drum spre aeroport, nu-mi gseam portofelul i m-am gndit Probabil c lam lsat n camer la hotel. M-am ntors la hotel unde noul locatar al
camerei de hotel mi-a napoiat portofelul. Acest domn nu era nimeni
altcineva dect dumneavoastr n persoan. Cunoatei pedeapsa pentru
mrturie mincinoas?
VII. Translate into Romanian:
The Equal Opportunities Commission has published significant
proposals to amend the Sex Discrimination and Equal Pay Acts. The main
proposal is to replace the two laws by a single statute based on the principle
of a fundamental right to equal treatment between men and women. In
addition, the EOC proposes a fundamental shift in emphasis from individual
to collective remedies. Pregnant workers should, it is argued, enjoy a
simplified and enhanced framework of rights and benefits and should be
complemented by a pro-active approach to equal pay systems and adopt
equal pay policies.
The EOC notes that it would continue to have a crucial role as the
unique and independent agency responsible for upholding the principle of
equal treatment between the sexes, but acknowledges that a number of its
proposals could not be implemented realistically without a corresponding
increase in its resources.

74

VIII. Discussion:
Use the following quotation as a basis for discussion:
The Romanian people have no more monarch from 1947, but not
only does their elected President live in a palace, he takes virtually no part
in the day-today government of the country.
FOCUS ON GRAMMAR
GERUND OR INFINITIVE?
After certain verbs, either the infinitive or the gerund may be
used with a difference in meaning:
MAIN VERB + INFINITIVE
The Infinitive refers to an action
that happens after the action of the
main verb.
eg.
1. I remembered to lock the door
before we left.
2. I forgot to take my camera to
the mountains last week-end.
3. I regret to tell you that youve
failed the test.
4. Jane stopped in the street to talk
to Bob.

MAIN VERB + GERUND

The Gerund refers to an action
that happens before the action of
the main verb.
eg.
1. Dont worry. I remember doing
it.
2. Ill never forget taking those
beautiful pictures on our holiday
last month.
3. I regret telling you the bad
news.
4. Well, but she stopped talking to
Bob a month ago.

I. Complete these sentences putting the verb in brackets into

either the infinitive or gerund:
1. He pretended .. (not/understand) the new
regulations.
2. Have you finished (study) those statistics?
3. Bank managers tend .. (be) cautious when granting loans
to small firms.

75

4. Would you mind .. (cover) me while Im on

leave?
5. Susan avoided . (upset) her boss about that issue
although she was right.
6. Have you ever considered .. (emigrate)?
7. The negotiating team threatened .. (break off)
talks until December.
8. They denied (get) involved in such illegal
transactions.
9. We refused (accept) the terms of the contract
because they were incomplete.
10. Mike risked .. (borrow) a large sum of money with
the aim of setting up his own business.
II. Rephrase these sentences replacing the words in italics by a
gerund or an infinitive construction:
a) I definitely recall that I put the envelope here on my desk.
b) I dont deny that I havent understood that part of the lesson.
c) Fred admitted that he had read very little about the subject
d) The doctor advised Paty that she should take the pills on an
empty stomach.
e) Did you forget that you had given Mr. Brad that message?
f) She couldnt bear that be should think of her in that way.
g) He preferred that I should say nothing about it at present.
h) Can you doubt that he will win the competition?
i) I suggested that he should call a specialist immediately.
j) The law requires that all the cars should be regularly tested for
safety and efficiency.
III. Complete the following sentences with either an infinitive
or a gerund:
1. My parents have been married for twenty years; however, my
father continues ..
2. For their honeymoon, my father proposed
3. While my parents were driving to the mountains on their
honeymoon, they stopped
4. They had a nice drive, but when they arrived at the chalet, they
discovered that they had forgotten
5. Have your parents ever regretted ..?
6. Have they ever tried .?

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IV. Translate into English using Gerund or Infinitive

constructions:
a) Nu-mi pot permite s cumpr o main att de scump.
b) Nu te-am auzit niciodat plngndu-te c ai mult de lucru!
c) Poate am s reuesc s-i contactez sptmna viitoare.
d) Nu sunt sigur dac aceast carte merit s fie citit.
e) Ei ne vor permite cu siguran s vizitm expoziia nainte de
deschiderea ei oficial..
f) Te-ar deranja s m atepi pn la ora 5?
g) S nu uii s-l suni pe Mark i s-i mulumeti pentru cadou.
h) Nu am s pierd toat ziua ateptnd sosirea lor!
i) Poliistul a oprit maina pentru a verifica actele.
j) La ce bun s ai un ciocan dac nu ai cuie?
k) A prefera s nu-i spui lui Jim despre noua mea slujb.
l) Te-am vzut traversnd strada, dar nu te-am vzut urcnd n
autobuz.
m) Te sftuiesc s mai atepi puin nainte s accepi aceast
slujb.
n) Jane se plnge c nu are pe nimeni cu care s discute.
o) El a insistat s m ajute, dei i tot spuneam c m descurc.

UNIT 11
JUDICIAL POWER IN THE UNITED STATES
Constitution of the United States of America
We the people of the United States, in order to form a more
perfect Union, establish Justice, insure domestic Tranquility 1, provide for
the common defense, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, to ordain 2 and establish this
Constitution for the United States of America.
Article 111
Section 1 (1) The Judicial Power shall extend to all cases, in Law
and Equity, arising under this Constitution, the Laws of the United States,
the Treaties made, or which shall be made, under their authority; - to all

77

cases affecting Ambassadors, other public Ministers and Consuls; - to all

cases of Admiralty and maritime Jurisdiction; - to controversies to which
the United States shall be a party; - to controversies between two or more
states; - between a State and Citizens of another State; - between Citizens of
different States; - between Citizens of the same State claiming lands under
Grants3 of different States, and between a State, or the Citizens thereof 4, and
Foreign States, Citizens or Subjects.
(2) In all cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a state shall be a Party, the Supreme Court shall
have original jurisdiction. In all the other cases before mentioned, the
Supreme Court shall have appellate Jurisdiction, both as law and fact, with
such Exceptions, and under such Regulations as the Congress shall make.
(3) The Trial of all Crimes, except in cases of impeachment 5, shall
be by Jury; and such trial shall be held in the state where the said Crimes
shall have been committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may by law have
directed.
() section 3 (1) Treason against the United States, shall consist
only in levying6 War against them, or in adhering to their Enemies, giving
them Aid7 and Comfort. No person shall be convicted of Treason unless on
the Testimony of two witnesses to the same over Act, or on Confession in
open Court.
The Congress shall have Power to declare the Punishment of
Treason, but no Attainder8 of Treason shall work Corruption of Blood, or
Forfeiture except during the life of the Person attained. Congress shall make
no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging9 the freedom of speech, or of the press.
No person shall be held to answer for a capital, or otherwise
infamous crime unless on a presentment 10 or indictment11 of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia 12, when
in actual service in time of War or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself; nor
be deprived13 of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.
VOCABULARY
1) tranquility = linite, pace; calm
2) to ordain = a meni, a soroci, a predestina
3) grant = subvenie, donaie; dar
4) thereof = de aici; din aceasta

78

5) impeachment = punere sub acuzare, acuzaie

6) to levy = a recruta, a nrola, a mobiliza; a percepe a strnge
(impozite)
7) aid = sprijin, support, ajutor
8) attainder = privare de drepturi civile i de proprietate (pentru o
crim deosebit de grav)
9) to abridge = a scurta, a reduce, a limita
10) presentment = prezentare, nfiare
11) indictment = acuzare, punere sub acuzaie, trimitere n
judecat, incriminare
12) Militia = rezerviti (n SUA); armat, oaste
13) to deprive = a priva, a lipsi
COMPREHENSION CHECK
I. Find synonyms for the following words:

expedient
to rely on
to assume
default
vested in
incidental

appropriate
to appoint
to refrain from
promptly
to occur
duty

II. Fill in the blanks with the correct word:

1) The House of Commons consists of 650 Members of Parliament
who each represents a
a) state
b) house
b) county
d) constituency
2) A Bill becomes on Act of Parliament when it has received the
of both Houses of Parliament and the Sovereign.
a) enactment
c) ratification
b) consent
d) assent
3) The President of the House of Lords is called the ..
a) Speaker
c) Prime Minister
b) Lord Chancellor
d) peer
4) The .................. met urgently at 10 Downing Street to decide
Government policy on the new economic crisis.
a) civil service
c) Cabinet

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b) ministries
d) Parliament
5) The three parts of the Parliament are the monarch, lords
and ...................
a) people
c) commons
b) government
d) bishops
6) No .................... can become law until it has been sanctioned or
read three times by both houses and received the royal assent.
a) bill
c) code
b) act
d) ratification
III. Match the English terms with their Romanian equivalents:
1) bench
2) assize
3) prosecution
4) probation
5) clearance
6) to trample
7) to summon
8) adjournment
9) assent
10) challenge

a) amnare, suspendare
b) ncuviinare, aprobare
c) vmuire, formalitate vamal
d) provocare, somare, sfidare
e) magistratur, instan de judecat
f) anchet, urmrire judiciar
g) libertate supravegheat
h) a nclca
i) edin a tribunalului
j) a convoca

IV. Complete the following:

1) If he is guilty, _______________________________
2) There would have been a car accident if __________
3) He would be sent to prison if ___________________
4) If the criminal were caught, ____________________
5) He would have been granted bail if ______________
6) If the negotiations break down, _________________
7) The heat would be unbearable if ________________
8) If he had not damaged the mans car so badly, _____
9) The trade unionists will refer the dispute to arbitration if
__________________
10) If you had not made so many mistakes, __________
V. Give the nouns corresponding to the verbs below:
to perceive
to qualify
to retrieve

to develop
to rely
to specify

80

to state
to maintain
to describe

 to authorize
to conclude

to amend
to initiate

to quote
to declare

VI. Translate into English:

1) Conform dreptului European o societate ar trebui s aleag ntre
trei opiuni.
2) Pn n prezent, conducerea i muncitorii n-au putut s se pun
de acord asupra sistemului de adoptat.
3) Comisia european a trebuit s modifice articolele cu privire la
participarea muncitorilor.
4) Acest proiect de lege ar fi putut fi adoptat n 1970.
5) Este posibil ca multe ntreprinderi s aleag dreptul european
mai degrab dect propriul lor sistem juridic.
6) Crearea unei societi dup normele dreptului European s-ar
putea s devin chiar obligatorie.
7) n consecin, ar fi necesar o curte constituit din 19 judectori.
8) Regatul Unit i-a modificat mult politica monetar n cursul
ultimelor patru luni.

VII. Translate into Romanian:

The individual responsibility of ministers for the work of their
departments means that they are answerable to parliament for all their
departments activities. They bear the consequences of any failure in
administration, any injustice to an individual or any aspect of policy which
may be criticized in Parliament, whether personally responsible or not.
Since most ministers are members of the House of Commons, they must
answer questions and defend themselves against criticism in person.
Departmental ministers in the House of Lords are represented in the
Commons by someone qualified to speak on their behalf, usually a junior
minister.
Departmental ministers normally decide all matters within their
responsibility. A decision by a departmental minister binds the Government
as a whole. On assuming office ministers must resign directorships in
private and public companies, and must ensure that there is no conflict
between their public duties and private interest.
VIII. Comment upon the following proverbs:

81

He that will lie will steal

Laws catch flies but let hornets go free.
FOCUS ON GRAMMAR
IRREGULAR COMPARISON OF ADJECTIVES
The following adjectives have an irregular comparison.
good
better
the best
bad, ill
worse
the worst
much
more
the most
many
more
the most
little
less
the least
far
farther, further
the farthest, the furthest
old
(older), elder
(the oldest), the eldest
late
(later), the latter
(the latest), the last
near
(nearer)
(the nearest), the next
Farther means mai ndeprtat.
Further means suplimentar, adiional, n plus, e. g. a further
question means one more question.
Older means 1. mai btrn, 2. mai vechi.
In referring to comparative ages in a family group, use elder,
eldest, but attributively only.
Later means mai trziu.
The latter means (cel de) al doilea, acesta din urm, e. g. Dan
and Peter are brothers. The former (Dan) is a teacher, the latter (Peter) is a
doctor.
The latest means cel mai recent, cel mai nou, e. g. This is his
latest novel. (speaking of a living writer).
The last means ultimul, final e. g. Shakespeares last play was
The Tempest.
I. Translate into Romanian:
1) He has made a step further in his researches. The latest news
Ive got is that he is drawing near to the end.
2) The manager did not find the report satisfactory; he asked for
further information.
3) This street is the least noisy in the district.
4) Two boys entered the room, John and Bill. The former is my
brother, the latter is my cousin.

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5) It has been raining for two days; today the weather is even
worse than yesterday.
6) In September the days are not so short than in December.

II. Translate into English:

1) Casa mea este mai departe de facultate dect a ta.
2) Partea proast este c nu-l pot gsi nicieri, nici acas, nici la
slujb.
3) Starea bolnavului a fost mai rea astzi dect ieri.
4) Dintre cei doi martori la accident, primul era un tnr, al doilea
era un btrn n jur de 75 de ani.
5) Elefantul este mult mai mare dect leul, dar mult mai puin
slbatic.
6) Cele mai plcute momente vin pe neateptate.
7) Se socotea cel mai fericit om din lume cnd s-a cstorit cu ea.
8) Strzile capitalei sunt mai largi dect cele din oraul nostru.
9) Care capital european are cei mai muli locuitori?
10) N-am vzut niciodat un om mai grbit.
III. Put the adjectives in brackets into the correct form:
a) A personal loan is often a _________ (good) idea because the
repayments are structured over a pre-arranged period.
b) Your homework is ________ (bad) than hers.
c) Your _______ (old) sister is my ______ (old) friend.
d) Yesterdays weather was ________ (bad) than todays.
e) These books are not _________ (expensive) as the other ones.
f) _______ (many) people who have a problem with cash flow
phone the bank and ask for on overdraft.
g) This car is _____ (good) than mine.
h) Certain regions produce _______ (much) petroleum than they
consume _______ (much) than they produce.
i) The farmer said that it was the _______ (fat) turkey he had.
j) This is one of the _______ (successful), _______ (cheap) and
________ (practical) products of the century.
k) The more, the ______ (merry) _____ says an English proverb.
l) This hotel manager was ________ (polite) we had ever met.

83

UNIT 12
LITIGATIONS AND ADJUSTMENT
Complaints1 (UK) or claims (US) to purchases2 may arise from a
delay in delivery, lost goods, damaged goods or the delivery of wrong
goods. Complaints in connection with purchases may also arise from the
non-fulfilment of the clauses in the contract of sale (default 3 in carrying out
the clauses in the contract of sale) by the supplier or of those in the carriage
contract by the carrier.
1. Whatever the cause of your claim you should first refer clearly
to the type of the items concerned by referring to your own order number or
to that of your suppliers invoice4 and then state the nature of your
complaint in detail.
2. You may point out what difficulty the mistake has caused to
you. A reference to the reputation of the firm may help your complaint in
being taken into consideration more sympathetically.

84

3. You should ask to have your complaint investigated and specify

what action you want the supplier to take: you as buyer, are entitled to
refuse any goods that are not in accordance with your order, except as the
result of alterations5 made in agreement with your supplier.
4. You should not use warnings of cancellation or threats of legal
action too liberally. Try to reach an amicable adjustment.
Replies to Complaints
On receiving a complaint, you, as vendor, should decide whether it
is well-founded or not. Then you must write a reply to the complaint. If the
complaint is well-founded, you will first admit the error and offer a sincere
apology assuring your correspondents that you are taking measures to avoid
the recurrence of such a mistake. If you feel that the complaint is unfounded
you should carefully explain why his complaint cannot be accepted and
endeavour to convince him that he is wrong.
Legal Problems
In small firms, matters such as legal action to be taken in the case
of non-payment of debt, default in carrying out a contract or a dispute of
any kind, are dealt with by the secretary on the instructions of, and after
discussion with the directors. In larger firms, they are handled by the
Accounts Department6, also after discussion with the directors, who will not
act without the advice of the firms solicitors.
Non-fulfilment of Contract
The failure by one party to a contract to perform his part is called a
breach of contract. Breach of contract may be by: renunciation, making
performance impossible or merely failing to perform his part. The
aggrieved7 party may either sue for damages or apply to the court for
specific performance of contract.
Damages
Damages are the estimated reparation in money for injury
sustained. The court awards nominal damages as an acknowledgement of a
breach, even if no loss has been incurred, while for actual loss suffered it
awards substantial damages. The party breaching a contract shall be under
an obligation to take all required steps to mitigate 8 the loss that has taken
place, providing that he can do so without undue9 inconvenience or cost.
Penalties10
Penalties are round sums which are stated in the contract (penalty
clause) and must be paid by any party breaching the contract, but they
should not be an attempt to assess the possible damage.
Customarily, they may be stated in the contract by the way of
compensation where it is difficult to estimate damages in advance.
Bribery

85

Bribery and kickbacks11 have become common practice in former

communist countries. The spread of democracy may itself create new
incentives for corruption, given the need to fund political parties and
election campaigns.
If Third World countries are often blamed for the spread of
corruption, developed nations must take their share of the responsibility and
blame, as the corruptors are also corporations fighting for contracts in
military supplies, aircraft, civil works and communications.
Today, international bodies are beginning to take steps to curb
corruption, and the World Bank has instituted rules that empower it to
investigate corruption complaints and to blacklist 12 companies and
governments guilty of large scale corruption.
VOCABULARY
1) complaint = plngere, reclamaie
2) purchase = achiziie, cumprare
3) default = nendeplinire a unei obligaii, a unui angajament;
neplat
4) invoice = factur
5) alteration = modificare
6) Accounts Department = departamentul de nregistrri contabile
7) to aggrieve = a vtma; a rni
8) to mitigate = a atenua, a micora
9) undue = nepotrivit, exagerat
10) penalty = penalizare, daun penalizatoare
11) kickback = mit, sprijin bnesc
12) to blacklist = a trece pe lista neagr
COMPREHENSION CHECK
I. Answer the following questions:
a) What do you mean by complaints or claims to purchases?
b) What should one do when making a complaint?
c) What is a reply to a complaint?
d) What circumstances should legal action be taken in?
e) What is a breach of contract? What should the aggrieved party
do?
f) What is the party breaching a contract to do?
g) What is a penalty? Where may a penalty be stated?
h) How do international bodies take steps to curb corruption?

86

II. Match the following terms with their definitions below:

1) malpractice
2) plea-bargaining
3) to subpoena
4) estoppel
5) defalcation
6) escrow
7) due course of law
8) case-law
a) course of proceedings that must comply with the law of the land
and allow the defendant to benefit from all the legal procedures and
protection aimed at providing a fair trial.
b) the entrusting of money, goods or a document to a third party
pending fulfilment of some condition.
c) a legal system such as the British or US ones based on rules
and principles acted on by judges in giving decisions in previous cases.
d) neglect of professional duty, unethical or illegal professional
conduct.
e) changing ones plea by agreeing to confess to a lesser crime
against the promise that the sentence will be lighter than the one for the
main crime one is initially prosecuted for, but without clear evidence.
f) a legal principle whereby one is prevented from alleging
something he or she has previously denied or vice versa.
g) to order someone to appear in a law court, for instance to
summon a witness to court. It is also used in the sense of demanding that
documents should be presented or surrendered.
h) the improper appropriation of funds in ones keeping but does
not involve the notion of fraud.
III. Find the meaning of the following words and phrases; then
make up sentences with each of them:

to adjourn
to bequeth
breach of trust
to bring an action against
smb.
claimant
concealment

87

extenuating circumstances
felony
to go to law
jail delivery
maliciously
probate

IV. Use the following translations of a intenta un proces in

sentences of your own:

to take legal action

to file a lawsuit
to sue
to bring an action (against)
to go to law
to go to court
to undertake/to institute (legal) proceedings
to institute an action at law
to prefer a complaint/a charge/charges against someone

V. Translate into English:

1) El va intenta proces dac nu-i va ncasa banii ntr-o sptmn.
2) Vei fi surprini cnd i vei vedea pe martorii citai de aprare.
3) Va putea el s obin despgubire n cazul nclcrii
contractului?
4) Sperm c vei evita neplcerile i cheltuielile unei aciuni n
justiie.
5) Conform actului de acuzare, ei au conspirat pentru prelungirea
acreditivului fr garanie.
6) Nu exist nici o clauz (prevedere) pentru pagubele produse prin
foc.
7) El a fost achitat din lips de probe.
8) El nu este recidivist i ar fi trebuit eliberat pe cauiune.
9) Prile vor ncerca s ajung la o soluionare amiabil a tuturor
dificultilor care pot aprea din sau n legtur cu prezentul contract.
10) Dup acest termen, vom nainta problema juritilor notri.
VI. Translate into Romanian:
Class-action suits combine many people with the same complaint
into a single legal action. A contingency- fee system awards the winning
partys lawyer a share of the damages collected, usually one-third. The
Sherman Act provides for awards of three times actual damages.
If my mother buys a local loaf of bread for 20 cents, and then
finds out that all bakers in the country, including hers, have raised their
prices to 22 cents, its tough to find an attorney to bring an action against

88

the corner bakery for 2 cents ... But an attorney can put together a classaction suit on behalf of all buyers of bread, and then collect a contingencyfee based on treble damages.
VII. Imagine you have to write a paper in order to inform a
client that he has to pay you a sum of money. Write this paper for:
a) a person who can barely read
b) a corporation with a sophisticated board of directors
c) a lawyer
VIII. Comment on the proverbs:
Everybodys business is nobodys business.
Few words to the wise suffice.
FOCUS ON GRAMMAR
EXPRESSING FUTURE
There are different ways of talking about future events in English
and they have different meanings:
Predicting future events:
It will probably be difficult to evaluate the losses.
By next year our costs will have risen by 40%.
Making a promise:
Ill give you the book as soon as I finish reading it.
Describing a plan or an arrangement:
She is leaving at noon tomorrow.
Mr. Smith will be driving into London next week.
Referring to timetables or schedules:
We start for Sinaia tomorrow. The train leaves at 8.30.
Saying what you intend to do:
Im going to finish my work next week.
Referring to something that is going to happen very soon:
He is just about to phone at the office.
I. Underline the correct words:
a) We will have moved/will be moving to our new premises in
July.

89

b) Tomorrow Ill interview/Ill be interviewing candidates all

morning.
c) What time does your train/will your train leave?
d) We cant send the goods until weve received/we will receive a
firm order.
e) We shall be repaying/shall have repaid the bank loan by
November.
f) I was going to write/was writing to them, but I forgot.
g) When the contract is/will be ready, Ill let you know.
h) Will we/Shall we break for coffee now?
i) Sorry, I cant speak now, Ill just have/Im just about to have a
meeting.
j) Dont forget to turn off the lights before you are leaving/ you
leave.
II. Fill in the gaps with the correct form of the verbs in the
brackets to express future:
1) Mr. Roberts is not at the office right now. I (let)
him know you called when he comes back.
2) They .. (start) the meeting. If you do not come
in 10 minutes youll probably miss it.
3) Please, dont call after 12.30, Mrs. Johnson ..
(have) an interview then.
4) My plane for London (leave) at 7.30.
5) Prices .. (rise) if the exchange rate changes.
6) They . (take on) temporary new staff for this
project.
7) What you (do) this time next Monday?
8) I .. probably (finish) my paper tomorrow.
III. Choose the appropriate way to express future with the
verbs given in brackets:
a) By this time tomorrow I _____ (travel) for ten hours.
b) Where you ______ (go) for your winter holidays?
c) Mary _______ (cook) dinner by the time her husband comes
back home.
d) By seven oclock he _____ (get) home for a half an hour.
e) She said she ______ (not, sing) at the next concert.
f) In a fortnights time we _____ (take) our exam.

90

g) Peter said he ______ (ski) in the mountains at that time on

Sunday.
h) You ______ (listen) to this song this time tomorrow?
i) I _______ (finish) may work when you come back from New
York
j) Boys _____ (be) boys!
IV. Translate the following into English, paying attention to
the verb forms used to express future time:
1) Dac va ntreba cineva de tine i voi spune s telefoneze mai
trziu,
2) Cnd vei sosi, ne vei gsi lucrnd la raport.
3) Vom atepta aici pn se ntoarce Paul.
4) Cerul e ntunecat. Ploaia va fi n toi cnd vom fi gata de plecare.
5) Te vom atepta n faa teatrului cnd se va termina piesa.
6) Anul viitor pe vremea aceasta ei vor locui ntr-un apartament
nou.
7) Profesorul v va explica din nou lecia dac i vei cere acest
lucru.
8) Ei au de gnd s-i cumpere o main nou anul viitor.
9) Cnd Robert va absolvi facultatea, va fi studiat aici cinci ani.
10) Peste o lun se vor mplini zece ani de cnd lucrez n aceast
fabric.

91

IRREGULAR VERBS
Infinitive
Past Tense
Past Participle
1. to abide
abode
abode
= a locui, a sta
2. to arise
arose
arisen
= a se ridica, sui, aparea, a se
ivi
3. to awake
awoke/awaked awoke = a (se) trezi
4. to be
was were
been = a fi, a exista
5. to bear (to be born) bore/borne
born
= a purta, aduce,produce a
da natere
6. to beat
beat
beaten = a bate a lovi a
nvinge
7. to become
became
become = a deveni a ajunge
8. to begin
began
begun = a ncepe
9. to bend
bent
bent
=a (se) ndoi
10. to bereave
bereft/bereaved bereft /bereaved = a lipsi de, a priva
de
11. to beseech
besought
besought = a cere cu insisten a
implora
12. to bid
bid/bade
bid/bidden = a ordona, porunci,oferi
13. to bind (to be bound) bound
bound
= a uni, lega, a fi
constrns
14. to bite
bit
bit /bitten = a muca, nepa
15. to bleed
bled
bled
=a sngera, a lsa s
curg, a stoarce
16. to blow
blew
blown = a sufla a arde
17. to break
broke
broken = a sparge, a rupe,a sfarma
18. to breed
bred
bred = a crete, a educa, a nate, a
regenera
19. to bring
brought
brought = a aduce, a produce
20. to build
built
built
= a cldi, a construi, a furi
21. to burn
calcina, a ataca
22. to burst
23. to buy
24. to cast
mula
25. to catch
bloca.

burnt /burned
burst
bought
cast
caught

burnt /burned =a arde, a praji, a

burst
= a rupe a izbucni, a exploda.
bought = a cumpra
cast
= a arunca, a turna, a (se)
caught

92

= a prinde, a capta, a (se)

26. to chide
plnge

chid (chidden) chid

chose
28. to cleave
separa.
29. to cling
30. to come
31. to cost
32. to creep
aluneca.
33. to cut
34. to dare
35. to deal (with)
(cu) trata, a repartiza
36. to dig
37. to do
38. to draw
39. to dream
nchipui.
40. to drink
41. to drive
conduce.
42. to dwell
insista.
43. to eat
44. to fall
rebut
45. to feed
46. to feel
47. to fight
48. to find
constata
49. to flee
50. to fling
npusti
51. to fly
intinde
52. to forbid
53. to forget
54. to forgive
55. to forsake

= a mustra, a certa
a se
27. to choose
chosen = a alege, a selecta
cleft /clove cleft /cloven = a (se)despica, a scinda, a
clung
came
cost
crept

clung
come
cost

= a se ine strns de
= a veni, a ajunge
= a costa
crept
= a (se) tr, a

cut
cut
= a tia, a seciona.
dared /durst dared /durst = a ndrzni
dealt
dealt
= a se ocupa
dug

dug

= a spa, a excava.

did
done
= a face
drew
drawn = a desena, a schia, a atrage.
dreamt/dreamed dreamt/dreamed =a visa, a-i
drank
drove

drunk = a bea.
driven = a pune n micare, a

dwelt
ate
fell

dwelt
eaten

= a locui, a rmne, a

= a mnca, a coroda.
fallen = a cdea, a da la

fed
fed
= a alimenta, a hrni, a aprovizion
felt
felt
= a (se) simi, a testa
fought
fought = a combate, a (se) lupta
found
found = a gsi, a descoperi, a explora /
fled
flung

fled = a fugi, a disprea, a se scurge, a evita

flung = a lansa, a arunca, a izbucni, a se

flew

flown = a zbura, a lansa, a se nla, a se

forbade
forgot
forgave
forsook

forbidden
forgotten
forgiven
forsaken

93

= a interzice, a opri
= a uita
= a ierta
= a prsi

56. to freeze
froze
frozen =a nghea, a congela a
refrigera, a solidifica
57. to get
got
got
= a obine, a primi, a deveni,
a ajunge
58. to give
gave
given = a da, a acorda, a transmite, a aviza, a
preda.
59. to go
went
gone
= a merge, a
funciona, a circula, a rula
60; to grow
grew
grown = a se mri / dezvolta. a crete, a
deveni
61. to hang
hung
hung = a suspenda, a atrna, a aeza
receptorul.
62. to have (to have to) had
had = a avea, a poseda, a obine, a
trebui s.
63. to hear
heard
heard
= a auzi, a asculta, a audia
64. to hew
hewed
hewed/hewn = a ciopli, a tia,
65. to hide
hid
hidden
= a ascunde
66. to hit
hit
hit = a lovi, a ciocni, a izbi, a da o
lovitur
67. to hold
held
held = a ine,a reine, a bloca, a opri, a fixa.
68. to hurt
hurt
hurt = a rni, lovi, a avaria, a strica
69. to keep
kept
kept = a ine, a reine, a menine a ntreine
70. to kneel
knelt
knelt
= a ngenunchia
71. to knit
knit
knit = a nnoda, a mpleti, a tricota, a mbina
72. to know
knew
known = a cunoate, a ti
73. to lay
laid
laid = a pune, a aeza, a ntinde
74. to lead
led
led = a conduce, a avansa a comanda,
75. to lean
leant/leaned leant/leaned = a nclina, a apleca, a se
sprijini
76. to leap
leapt/leaped leapt/leaped = a sri, a slta
77. to leave
left
left = a prsi, a pleca, a ceda, a lsa n
urm
78. to lend
lent
lent = a mprumuta, a acorda. a mprti
79. to let
let
let
= a lsa, a permite
80. to lie
lay
lain
= a consta din, a zace, a se
afla, a fi
81. to lose
lost
lost = a pierde
82. to make
made
made
= a face, a fabrica, a produce,
a conecta
83. to mean
meant
meant = a vrea s spun, a se referi la, a
inteniona.

94

84. to meet
(cerine)
85. to mow
86. to pay
87. to put
88. to read
89. to rend
90. to rid
91. to ride
92. to ring
93. to rise
94. to run
95. to saw
96. to say
97. to see
98. to seek
99. to sell
100. to send
101. to set
ajusta.
102. to sew
103. to shake
104. to shear
tunde
105. to shed
106. to shine
107. to shoe
108. to shoot
109. to show
110. to shrink
ap.
111. to shut
112. to sing
113. to sink
114. to sleep
115. to slide
116. to sling
117. to smell
118. to smite
119. to sow
120. to speak
121. to speed

met

met = a ntlni, a intersecta, a satisface

mowed
mown
= a cosi
paid
paid
= a plti, a achita, a cinsti a onora
put
put
= a pune, a aeza
read
read
= a citi, a face lectur
rent
rent
= a sparge, a rupe
rid
rid
= a elibera, a debarasa
rode
ridden
= a clri, a cltori
rang
rung = a suna, a telefona, a ncercui
rose risen
= a (se) ridica/urca, a izvor, a rsri
ran run
= a alerga, a curge, a rula, a conduce.
sawed sawn
= a tia cu ferstrul
said
said
= a spune, a afirma
saw
seen
= a vedea, a nelege, a consulta.
sought sought = a cuta, a cerceta
sold
sold
= a vinde
sent
sent
= a trimite, a emite
set
set
= a pune, a stabili, a monta, a regia, a
sewed sewn
= a coase
shook shaken = a bate, a scutura, a vibra
sheared shorn = a tia, a mrgini, a tivi, a forfeca, a
shed
shone
shod
shot
showed
shrank

shed
shone
shod
shot
shown
shrunk

= a arunca, a difuza, vrsa,

= a sclipi, a strluci
= a potcovi, a ncala
= a mpuca, a filma
= a arata, a manifesta
= a se contracta, a se strnge, a intra la

shut
sang
sank
slept
slid
slung
smelt
smote
sowed
spoke
sped

shut
= a include
sung
= a cnta, a fluiera, a uiera
sunk
= a (se) scufunda
slept
= a dormi
slid
= a aluneca, a glisa
slung = a arunca, a lansa
smelt = a mirosi
smitten = a izbi
sown = a planta, a semna
spoken = a vorbi, a enuna
sped
= a accelera, a grbi

95

122. to spell
spelt spelt
= a scrie liter cu liter, a silabisi
123. to spend
spent
spent
= a cheltui, a consuma, a petrece, a
ntrebuina
124. to spill
spilt
spilt
= a vrsa, a mprtia, a risipi, a turna,
125. to spin
spun
spun
= a centrifuga, a toarce, a roti, a presa
126. to spit
spat
spat
= a rosti, a scuipa
127. to split
split
split
= a scinda, a despica, a frnge, a
despri.
128. to spread
spread spread = a ntinde, desfura, rspndi,
acoperi.
129. to spring
sprang sprung = a sri, a izvor, a se arcui, a se trage
130. to stand
stood
stood = a rezista, a sta (vertical), a suporta, a
se ridica
131. to steal
stole
stolen = a fura, a se strecura
132. to stick
stuck
stuck = a (se) lipi, a se fixa
133. to sting
stung stung = a nepa, a rni
134. to stink
stank stunk = a mirosi urt
135. to strew
strewed
strewn = a aterne, a presra, a
mprtia
136. to stride
strode stridden = a pi cu pai mari
137. to strike
struck
struck-stricken = a lovi, a izbi, a atinge.
138. to string
strung
strung
= a nira, a lega, a ntinde, a
ncorda
139. to strive
strove
striven = a se strdui, a se lupta
140. to swear
swore sworn = a jura
141. to sweep
swept
swept
= a baleia, a explora, a
strbate, a mtura
142. to swell
swelled
swollen = a (se) umfla, a crete a (se)
ridica
143. to swim
swam
swum
= a nota, a pluti
144. to swing
swung
swung
= a oscila/balansa, a pendula/legna
145. to take
took taken
= a lua, a capta, a necesita
146. to teach
taught
taught
= a preda, a nvaa pe cineva
147. to tear
tore
torn
= a rupe, a smulge
148. to tell
told
told
= a comunica, a relata, a spune
149. to think
thought thought
= a reflecta, a gndi, a crede, a
socoti.
150. to thrive
throve
thriven
= a prospera, a-i merge bine, a
reui
151. to throw
threw thrown = a arunca, a deplasa a devia,
152. to thrust
thrust thrust
= a mpinge, a nfige a apsa

96

153. to tread
trod
trodden
= a clca, a rula, a bate (un
drum)
154. to understand
understood understood = a nelege, a deduce
155. to wake
waked/woke waked/woken
= a (se) trezi, a strni
156. to wear
wore
worn
= a uza (prin frecare), a toci, a
purta
157. to weave
wove woven = a ese, a urzi
158. to weep
wept
wept
= a curge/picura, a plnge.
159. to win
won
won
= a tia, a extrage, a recupera, a
ctiga
160. to wind
wound wound = a nvrti, a rsuci, a bobina
161. to wring
wrung wrung = a stoarce, a rsuci, a smulge
162. to write
wrote written = a scrie, a nregistra
163. to broadcast
broadcast broadcast = a transmite, a difuza
164. to grind
ground ground = a mcina
165. to learn
learnt
learnt
= a nva (ceva)
166. to light
lit
lit
=a aprinde,a lumina
167. to shed
shed
shed
= a vrsa
168. to shave
shaved shaven = a se barbieri, a tunde
169. to sit
sat
sat
= a sta jos, a se aseza
170. to spoil
spoilt spoilt = a strica, a alinta

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