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CONTENTS

1. 1. MAGISTRATES IN THE UNITED KINGDOM


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

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UNIT 1

MAGISTRATES IN THE UNITED KINGDOM

In England and Wales there are two types of


magistrates: lay magistrates1 known as lay justices, who have
the title of “justice of the peace”, and stipendiary magistrates2.
The former is a body of men and women which has been in
existence since the fourteenth century and is called on to pass
judgement on their fellow citizens, without any real legal
training. The latter is a body of lawyers, called upon3 to do
substantially the same job, which dates from the eighteenth
century. They both exercise their powers in a less formal court
than the other courts, known as Magistrates’ Courts, and deal
with more cases than any other English court of law.
The main job of the magistrates is to deal with 4 civil
and criminal cases which are too trivial to be tried by the
Crown and County Courts. The courts consist of two to seven
unpaid lay magistrates, but in some cities professional
magistrates may sit alone. The Magistrates’ Courts of civil
jurisdiction have limited civil jurisdiction, mainly related to
domestic proceedings5.
In terms of their criminal jurisdiction the
Magistrates’Courts deal with something over 95% of all cases.
The English legal system divides criminal offences into three
categories:
- “summary offences”6 is the category of minor crimes
such as minor assaults, begging, parking offences and less
minor crimes such as drinking and driving which are tried
without a jury;
- “indictable offences”7 are more serious offences for
which the police are given a power of arrest and which will be
tried by jury; murder, manslaughter8 and serious fraud – all
come within this category;

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- a number of offences called “either way” offences
which may or may not be tried by a jury at the request of the
defendant. The best example is theft9 which may involve either
very small or very large amounts of money.
The magistrate’s criminal jurisdiction is mainly limited
to summary and either way offences (where the defendant may
elect not to have a jury trial). Anyway, magistrates have an
important role to play in serious criminal proceedings. When a
person is charged with are indictable offence, magistrates sit as
examining justices to decide whether the prosecution’s case is
strong enough to warrant10 committing the accused for trial in
the Crown Court. The procedure is known as “committal
proceedings”. They also issue arrest and search warrants to the
police.
The civil jurisdiction of the magistrate is limited to
minor matters including matrimonial and family matters and
the granting of licenses.
Justices of the peace are chosen by the Lord Chancellor
on the advice of Advisory Boards, that are concerned with
recruiting magistrates from amongst the “worthy” members.
Many justices of the peace are chosen on the recommendation
of an existing magistrate. It seems that others are chosen for
their background in voluntary work such as in churches or
youth organisations. They are not paid a salary but receive
expenses incurred11 in the performance of their judicial duties.
They are assisted by “clerks to the justices”, solicitors or
barristers of at least seven years’standing, who perform the
administrative work of the court.
Stipendiary magistrates are to be found in most of the
large towns and cities of England and Wales. They are full-
time members of the Court chosen by the Queen on the advice
of the Lord Chancellor. They receive wages or a “stipend”12
and unlike lay magistrates they may sit alone.

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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 = procedură legată de juris-
dicţia internă
6) summary offence = infracţiune judecată în faţa Curţii
Magistraţilor
7) indictable offence = infracţiune gravă judecată la
“Crown Court” cu juraţii
8) manslaughter = omucidere involuntară
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 magistrate’s criminal jurisdiction
consist in?
f) What is the civil jurisdiction of the magistrate limited
to?
g) Who are the “justices of the peace”?
h) Do magistrates play any role in indictable offences?

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

• drunken driving • theft


• kidnapping • bribery and corruption
• indecency • armed robbery
• assault • rape
• arson • parking offence

III. Match each of the terms on the left with the


correct explanation on the right:

• attempt 1) any physical attack on the person


of another
• arson 2) entry into any secured, dwelling
house, building, warehouse, or any
other secured structure for the
purpose of committing a crime
• burglary 3) any offence involving the
obtaining of something of value using
false statements, false documents,
counterfeit currency, or representing
oneself as an official person.
• assault 4) an action taken to commit the
criminal act intended without success
or completion
• criminal 5) the deliberate destruction or
damage damage of another’s property by fire;
this may include public property
6) the use of force, fear or threat to
• bribery
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
• extortion offered or given to any official person

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acting in an official capacity anything
of value with the intention to alter or
influence the person’s decisions or
actions.
8) the deliberate destruction or
• fraud damage of another’s property, not by
offence fire.

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.

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VI. Translate into English:

Nu există nici o diferenţă de domeniu, natură şi scop


între regula morală şi cea juridică. Regula morală pătrunde în
drept prin intermediul concepţiilor etice ale legiuitorului sau
judecătorului sau, în cel mai bun caz, rătăceşte la frontierele
dreptului pentru a pătrunde atunci când se iveşte prilejul.
Obligaţiile morale legiferate sunt: responsabilitatea
civilă, interzicerea îmbogăţirii fără justă cauză, executarea
contractelor, exercitarea neabuzivă a drepturilor conferite de
lege. Când legea nu mai e conformă cu principiile morale va
cădea în 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 TENSE IN THE MAIN TENSE IN THE


RELATION CLAUSE DIRECT OBJECT
CLAUSE

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AT THE PRESENT TENSE PRESENT TENSE
SAME TIME He says he doesn’t know
the truth
PAST TENSE PAST TENSE
John knew everything was all
right
EARLIER PRESENT TENSE PRESENT
I know PERFECT
you have done
your lessons.
PRESENT TENSE PAST TENSE
The students don’t what I taught them
remember last week.
PAST TENSE PAST PERFECT
They didn’t remember what I had taught
them the week
before.

LATER PRESENT TENSE FUTURE TENSE


She hopes he will come soon.
FUTURE IN THE
PAST TENSE PAST
She hoped 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.

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f) We assume the meeting will be over around six
o’clock.
g) I remember that the the wind blew very hard the
week before last.
h) She hears that Professor Johnson is writing another
book.
i) We guess our friends haven’t heard the good news
yet.
j) The message indicates Dr. Evans will be back from
Bucharest next Saturday.

II. Use past forms for these auxiliaries after a main


verb in the past:

For CAN, use COULD


For MAY, use MIGHT
For MUST, use MUST OR HAD TO
For SHALL, WILL, use WOULD

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


2. We are sure that Tom _______ help us with the
homework.
3. I regret that we ________ leave now.
4. Kate thought she __________ find someone to
explain everything to us.
5. They didn’t know that we ________ leave at once.
6. Our friend had to promise Mike that we ________
help him.
7. We regret that we ________ stay only fifteen
minutes longer.
8. Daniel said he ________ send the parcel the next
day.

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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 Braşov 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 când mi-am dat seama


că am plecat de acasă fără să închid ferestrele.
b) Toţi s-au dus să vadă filmul de îndată ce profesorul
le-a povestit romanul.

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c) N-am putut face excursia deoarece ploua de trei de
zile.
d) Când am ajuns la cinema, filmul începuse de mult.
e) Vânzătorul plecase deja acasă când am ajuns noi la
magazin.
f) Ne plimbăm de o jumătate de oră când ne-am întâlnit
cu Frank.
g) Mă dusesem deja la culcare când mi-am adus aminte
că nu am încuiat uşa.
h) Te vom aştepta în faţa teatrului când se va termina
piesa.
i) Când Mary va absolvi facultatea, va fi studiat aici
patru ani.
j) Sandra spera că se va putea duce la plimbare cu
Michael dacă îşi va termina lucrarea.
k) Ce-ai mai făcut de când nu ne-am mai văzut?
l) Nici nu terminase de gătit că a şi sosit soţul ei.
m) Se gândea că dacă pleacă imediat o să ajungă acasă
înainte de miezul nopţii.
n) Soarele a răsărit, dar bate un vânt rece.

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UNIT 2

POLICE POWERS

Over the past few years, the powers the police have to
stop, question, arrest, search and detain1 have undergone major
changes in the United Kingdom. The two key pieces of
legislation in this field are the “Police and Criminal Evidence
Act”, sometimes referred to as PACE, and the “Public Order
Act”.
Arrest means the loss of liberty, being subject to
restraint2 as to one’s movements. An arrest by the police will
only be lawful if the arrested person is informed that he or she
is under arrest and told the grounds3 for the arrest.
The police have the power to arrest a person without a
warrant in four different sets of circumstances:
- If they suspect that an arrestable offence has been
committed is being committed, or is about to be committed.
- If they have a statutory4 power of arrest (most
statutory powers of arrest without warrant were repealed5 by
the Act).
- If one of the general arrest conditions is satisfied.
- If they wish to fingerprint a convicted person.
An arrestable offence is one which carries a sentence
of at least five years imprisonment. This includes murder,
burglary, theft, criminal damage, rape, and unlawful possession
of drugs. The Act also extends arrestable offences to include,
for example, taking a motor vehicle, going equipped for theft,
indecent assault on a female, corruption and smuggling6.
Specific serious arrestable offences are treason, murder,
manslaughter, rape, kidnapping, incest with a girl under the age
buggery7 with a boy under the age of 16, and indecent assault
which constitutes gross indecency.
In the case of serious arrestable offences the police
have the power to: set up road blocks; search for evidence;

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detain a suspect for more than 24 hours and up to a maximum
of 96 hours without charge; hold a suspect incommunicado 8
and deny access to a solicitor for 36 hours (a juvenile is still
entitled9 to have an appropriate adult informed of the
detention); take non-intimate samples without the suspect’s
consent (eg. hair).
The statutory powers of arrest for certain offences
include:
- offences under the Public Order Act 1986;
- some offences under the Prevention of Terrorism Act;
- trespass10 under the Criminal Law Act 1977;
- offences under the Immigration Act 1971.
The general arrest conditions give the police the power
to arrest for offences which are not automatically arrestable. If
there are reasonable grounds for suspecting a person, the police
may arrest him or her if any one of the following conditions
applies:
- the suspect’s name is not known and can not be found
out;
- the given name is believed to be false;
- the suspect has failed to supply an address or has not
supplied an address which is satisfactory for serving a
summons11.
- it is believed that arrest is necessary to prevent the
person causing injury to self or others, suffering injury, causing
loss or damage to property, committing an offence against
public decency, unlawful obstruction of the highway, or to
protect a child or other vulnerable person from the suspect.
A person can be arrested for fingerprinting if the
following conditions apply:
• the person has been convicted of a recordable offence,
that is, one defined in regulations;
• the person was never in police detention for the
offence and fingerprints were not taken;

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• within one month of conviction the person was asked
to go to a police station to be fingerprinted and had not done so
within seven days.
The police in all investigations should maintain a
schedule12 of all material, meaning not only documents, but
also articles and information, including material held on
computer. A list of items which are expected to be included in
the schedule should consist in:
• interview notes and audio-visual tape recordings;
• draft13 witness statements;
• statements taken from potential witnesses;
• crime reports;
• custody records and associated documents;
• other documents or other material containing a
description of the suspect;
• any other material of information which the police
officer considers to be relevant and helpful.

VOCABULARY

1) to detain = a reţine (în arest)


2) restraint = restricţie, limitare, constrângere
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 contrabandă
7) buggery = sodomie
8) incommunicado = privat de posibilitatea de comunicare
cu semenii
9) to entitle = a da dreptul la, a îndritui
10) trespass = încălcare, violare; braconaj
11) summons = citaţie pentru a compărea în tribunal;
mandat de aducere
12) schedule = program; inventar; anexă la un regulament

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13) draft = plan; proiect; schiţă

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 • corporal punishment


• probation • suspended sentence
• fine • life imprisonment
• community service • capital punishment
order

III. Choose the best word to complete the following


sentences, making any necessary changes:

accused, requirement, juror, unconditionally, mistrial,

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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 didn’t have jurisdiction over the offence.
4) Ms. Grant’s application for shares was not accepted
on the grounds that she didn’t fulfil the _________ of residence
in the U. K.
5) The 12 _________ were not able to reach a
unanimous decision.
6) The defendant said that he would give the car to his
cousin for nothing. In consideration his cousin, the _________,
was responsible for the transport of the car.
7) A child is considered legally _________ of
committing a crime.

IV. Look at the list of legal terms (1-8) and their


definitions (A-H). Match each term with its definition.

1. illegal weapon A. an incident involving the manufacture,


possession processing, packing, possession,
transportation, sale or receiving of any
regulated drug or pharmaceutical product.
2. kidnapping B. entering onto or remaining on the
property of another without permission or
after being advised to leave.
3. murder C. the unauthorised taking of money,
goods, property or services by a person or
by a device, installed or initiated by a
person.
4. rape D. the possession of any wepon that is
illegal, or any weapon in an illegal

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manner.
5. robbery E. the taking of the life of one human by
another human; fatal traffic accidents will
not be included.
6. theft F. the use of force, fear or threat to
illegally detain or deprive a person of
her/his liberty.
7. drug dealing or G. sexual intercourse against the will of
possession one of the parties
8. trespassing 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
plaintiff’s attorney. The attorneys for each side then make a
closing argument to the jury, putting the evidence presented in
a light most favourable to their respective clients.

VI. Translate the following sentences into English:

1) El este bănuit de poliţie că face trafic cu droguri.

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2) Puterile poliţiei fac în momentul de faţă obiectul a
nenumărate schimbări.
3) Incendierea în scopuri criminale este considerată o
infracţiune la fel de gravă ca şi furtul.
4) Textele privitoare la arestările fără mandat urmează a
fi modificate.
5) Poliţia îl va interoga pe suspect mâine dimineaţă.
6) De fiecare dată când i se pune o întrebare, se face că
n-a auzit şi n-a văzut nimic.
7) Acest inspector este veşnic pe cale să ceară
percheziţiile la domiciliu chiar şi când nu este necesar.
8) În Anglia, amprentele digitale se iau la comisariat.
9) Violul este delict care atrage o pedeapsă de cel puţin
cinci ani.
10) Cifra în creştere a delictelor penale în România
începe să îngrijoreze autorităţile.

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:

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We could understand most of what he said.
I could speak French quite well when I was at
school.
 “can not” or “could not” express something
impossible:
You can’t get to London on time, there is a strike.
You couldn’t go on trips abroad ten years ago.
 “could” + “have” + “past participle” expresses
unfilled opportunity:
I could have booked an earlier flight, but it left at 7
a. m.
 “couldn’t” + “have” + “past participle” expresses a
past impossibility:
He couldn’t have had any engine trouble.

II. Fill in the blanks with can, could or be able to.


Sometimes you have more than one possibility:

a) Whenever Susan learns the lesson, she ________


give very good answers.
b) He ___________ be at home now.
c) They took his passport so that he _________ leave
the country.
d) We have been looking for John for two hours, but we
__________ not find him.
e) _________ you tell me the entire Commercial Code?
I ________ when I was at school but I _________ not now.
f) _________ I speak to Mr. Perkins, please?
g) He was very strong; he ___________ work all day
and study all night.
h) Your brother _________ play the piano well.
i) The police were suspicious at first but I _________
convince them that they were innocent.

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

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


2) The negotiations broke down because we ………..
(agree) on the price.
3) Mother, you ……………… (cook) a better meal,
everything is delicious.
4) Don’t light a match in this chemical factory. It
……………… (cause) an explosion.
5) He ……………… (hear) the news on the radio
because be was sleeping then.
6) No one ………………… (do) without water.
7) He ……………… (solve) the first problem, but the
second one was quite a puzzle to him.
8) I’m sorry I ……………… (come) to your talk
yesterday. I had to sort out a problem.
9) He ……………… (ski) really well when be was in
his twenties, but now be is out of practice.
10) What ……………… (you, do) with the money if
you hadn’t bought yourself a new watch?

III. Rewrite the following sentences using “could” or


“could not”:

1) Ten years ago it wasn’t possible to have hard


currency on you.
2) She drove a car with the brakes out of order. An
accident was possible.
3) It was very difficult to buy a suitable office at a
reasonable price, that is why we preferred to rent one.
4) She was able to speak Spanish after only three
months on the training course.
5) From our hotel room, it was possible to see Mont
Blanc.

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6) Although we tried hard, it was impossible for our
company to get that contract signed.
7) He didn’t manage to understand what she meant.
8) It wasn’t possible for us to lock the door yesterday
morning; we had lost our keys.

IV. Translate into English:

1) Nu se poate ca el să fi acceptat să vândă casa.


2) John avea 12 ani când a izbucbit războiul. El nu ar fi
putut să fie în armată.
3) Mi-a spus că s-ar putea să întârzie.
4) Peter nu a putut să scrie eseul singur, aşa că a rugat-o
pe sora lui să-l ajute.
5) Nu te duce acum la ei, s-ar putea să fie la masă.
6) Am văzut-o pe Sarah aseară la concert, dar nu m-a
recunoscut. Nu se poate să fi fost Sarah, pentru că este în spital
de două săptămâni.
7) Presupun că aş putea să fac munca asta dacă ar fi
necesar.
8) Trebuie să pleci? Nu mai poţi să stai puţin?
9) Din fericire, am putut să-mi fac mulţi prieteni de
când am venit în acest oraş.
10) E posibil să refuze să te ajute în astfel de
împrejurări?
11) Am putut ieşi în grădină după ce a stat ploaia.
12) Sandra a spus că o să-şi poată găsi o casă dacă noi o
s-o ajutăm.

23
UNIT 3

TRIBUNALS

In the English judicial system two different types of


institutions have been set up1 to resolve legal problems: courts
and tribunals. The distinction between the two is difficult to
make because there is no precise definition of these terms. The
word “tribunal” meaning any judicial assembly2 is widely used.
This use of the word would include the courts.
There is a narrower use of the word, however, which is
of greater interest to the law students. These institutions fall
into two, large categories:
• “Domestic tribunals” – are non – state organizations
set up as part of the disciplinary procedures of professional or
sporting organizations;
• “Administrative tribunals” – are bodies set up by the
state in order to perform judicial functions as part of the
administration of some government scheme.
A Council on Tribunals was initiated as a consultative
and advisory body. Its main task is to advise government
departments in setting up administrative tribunals and to review
the construction and working of these institutions. The Council
has at present almost fifty tribunals under its jurisdiction:
• the Rent3 Tribunals which settle disputes between
landlords and tenants;
• the Education Appeals Committees which hear
appeals against the allocation of school places by local
education authorities;
• the Industrial Tribunals which settle the problems
which may arise between employer and employee, such as
redundancy payment disputes, questions of unfair dismissal
and the problem of equal pay.
The thorny question is whether these tribunals have
only an administrative role or if they also have an adjudicative5

24
role. However government departments have a general
influence over decision making, so administrative tribunals
may not be regarded as pure court substitutes. Another question
is whether the tribunals should make law. The answer is no,
only the decisions of the courts of law may be regarded as
binding law. In practice, tribunals have a strong tendency to
follow their previous decisions and these decisions are
regularly reported.
Essentially, the tribunals have been set up to relieve6 the
over-burdened court system of work which may be dealt with
in a less formal way by experts in the particular field. Solicitors
and barristers are being appointed as chairmen of the tribunals
and their work is growing as the public becomes more aware of
them. It this way tribunals provide a speedier and more expert
alternative to the court system.

VOCABULARY

1) to set up = a înfiinţa
2) assembly = adunare
3) rent = chirie, închiriere; rentă
4) tenant = arendaş; chiriaş, locatar
5) adjudicative = de adjudecare
6) to relieve = a uşura, a elibera

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”?

25
4) Which is the main task of the Council on Tribunals?
5) How many kinds of tribunals are there under the
Council’s jurisdiction? Speak about them.
6) Why have the tribunals been set up?
7) Who are appointed as chairmen of the tribunals?

II. Give the meaning of the following words. Write a


sentence with each of them:

• barrister • notary
• solicitor • to take oath
• counsel • to outlook
• judge • attorney general
• prosecutor • litigious advocacy

III. Match each term on the left with the correct


explanation on the right:

1. forged currency A. any assault committed with a weapon,


or which results in grievous injury to the
victim..
2. obstruct justice B. the creation, possession or distribution
of any false, forged or altered official
document of any country or government
agency.
3. disturbing C. the cutting of wood without the proper
public order permit or with a forged or altered permit.
4. harassment D. the creation, possession of any false,
forged or altered currency of any country.
5. illegal E. delay, hinder or obstruct a law
woodcutting euforcement official by physical act,
subterfuge or statement in the execution
of their official duties.
6. customs offence F. words, gestures or actions that place
another in fear or apprehension of death,

26
injury, damage to property, or interfere
with the right of a person to travel freely
or be secure from harm.
7. counterfeited G. any act which does or is likely to
documents cause a breach of peace or public order
8. grievous assault 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 King’s Bench had first instance
jurisdiction _______ all wrongs.
f) A good lawyer must know which rules apply both
_________ common law and _________ equity.
g) When a barrister is admitted to the profession, we
say that be is called _________ the bar.
h) _________ common law a mistake only prevents the
formation of a contract if it is a fundamental mistake of fact.
i) _________ the winding up of a firm a liquidator is
appointed.
j) The judges used to sit __________ the Assizes.

27
V. Translate into English:

1) În ultimii cinsprezece ani s-au efectuat multe reforme


juridice.
2) În iunie 1998 guvernul a supus la vot 12 proiecte de
lege cu privire la educaţie.
3) În anii ’60 comisia parlamentară a întocmit un raport
asupra sistemului tribunalelor.
4) Avocaţii joacă un rol important în societatea actuală.
5) În 1875 – sistemul juridic englez s-a schimbat şi au
fost abolite “common injunctions”.
6) Trebuie totuşi să remarcăm că numai o parte a unei
judecăţi este luată în considerare.
7) Nu există decât trei circumstanţe în care se poate
face abatere de la judecăţile precedente.
8) Pe parcursul acestui text: s-au ridicat multe probleme
juridice.
9) Într-adevăr, legea engleză se bazează pe principiul de
stare decisis (ceea ce a fost decis înainte trebuie respectat).
10) Judecătorul a fost constrâns să-şi pronunţe verdictul
după 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

28
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”.

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 PASIVE
The government raised Interest rates were raised by
interest rates by 1% 1% .
29
Our supplier is shipping the The goods are being shipped
goods next week next week
We can arrange a loan within A loan can be arranged
six days 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.
5) Somebody damaged the goods in transit.

30
6) They have closed fifty retail outlets over the last
year.
7) The Accounts Department may not authorise this
payment.
8) One of our best young designers created this line.
9) Our department has discovered a promising new
drug.
10) He was asking me some difficult questions.

II. Offer explanations or reasons for the following.


Use the passive voice:

eg: Mother looks happy.


She has (just) been offered flowers.

1) I can’t drive my car today.


2) There was a long queue in front of the box-office
yesterday.
3) When Mr. Johnson returns to his native town next
year, be will not recognize it.
4) Alice has got a perfect score on her test.
5) Jane likes going to parties.
6) When the seven dwarfs returned home they were
very surprised.
7) The letters were very urgent but nobody posted them
yesterday.
8) Jenny is feeling better today.

III. Change into the Active Voice:

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


b) The thief was arrested yesterday.
c) The burglar will be convicted.
d) Courts of Quarter Session are presided over by a
bench of justices.

31
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) Astăzi este 10 aprilie. Telefonul ar fi trebuit plătit


până acum.
2) În multe din oraşele ţării se construiesc biblioteci.
3) Ai părul prea lung. Ar trebui să te tunzi.
4) Paul a fost externat din spital la două zile după ce a
fost internat.
5) S-au făcut multe cercetări pentru a descoperi cauzele
acestei boli molipsitoare.
6) Aş dori să-mi fac o fotografie pentru paşaport.
7) Publicului nu i se spusese ce se întâmpla în spatele
cortinei.
8) Domnul Brown dorea să ştie dacă se serveşte micul
dejun la hotel.
9) Mi s-a spus că eşti bolnav.
10) Florile acestea ar creşte mai bine dacă ar fi udate
mai des.
11) Telegrama va fi înmânată generalului cât mai
repede posibil.
12) Ni se dau o mulţime de teme zilnic.

32
UNIT 4

COMMON LAW

Common law1, also called Anglo-American law, is the


body of customary law, based upon judicial decisions and
embodied in reports of decided cases, which has been
administered by the common-law courts of England since the
Middle Ages. From this has evolved the type of legal system
now found also in the United States and in most of the member
states of the Commonwealth of Nations. Common law stands
in contrast to rules developed by the separate acts of equity2, to
statute law (i.e., the acts of legislative bodies), and to the legal
system derived from civil law now widespread3 in continental
Europe and elsewhere.
The term of “common law” is used in a number of
different ways each emphasizing various aspects of this
complex idea. There are three basic uses of the term:
• As a description of the general system of law within
a national jurisdiction;
• As a specific description of a historical
development in England and Wales;
• As a description of a particular set of rules in
contrast to the rules of equity and of statute law.
First, common law is used to distinguish one type of
general legal system from other legal systems. It is most often
used to distinguish ‘common law’ jurisdictions from ‘civil law’
jurisdictions. Those states whose laws are derived from the
English system such as the U. S. A., Canada, Australia, Hong
Kong, etc. are therefore known as ‘common law’ jurisdictions.
The second way in which the term is often used is to
describe a historical situation in which the jurisdiction of the
king’s courts of justice was extended throughout all the regions
of England and Wales, creating systems of law common to all

33
England in contradistinction to local law and custom which
varied from area to area.
After the Norman conquest it was William’s successors
who managed to diminish4 the opportunity for corruption
among their officials by creating a more centralized and
specialized form of government. This was achieved in part by
the delegation of royal judicative power to itinerant ‘justices’,
organized on ‘circuits’, who would travel round the country
holding sittings5 (Assizes) to hear and settle6 cases waiting to
be tried in the country towns and enforce7 the king’s rights.
At the same time as this development of the itinerant
courts was taking place, the impetus8 for more efficient and
effective government created three static, royal courts located
at Westminster: the Court of Exchequer9, specialized in royal
finance; the Court of Common Pleas, which had jurisdiction in
ordinary litigation; and the Court of King’s Bench which had
jurisdiction over all ’wrongs’ with the Court of Common Pleas
and had an appellate10 and supervisory jurisdiction over all
royal justice. The jurisdiction of these courts was extended
until what had originally been an exceptional jurisdiction
becoming common to the whole kingdom. The law created by
this jurisdiction was therefore known as ’the common law’.
The third and most modern use of the term ’common
law’ comes into opposition to the notions of ’equity’ and
‘statute law’. The common law means the rules, standards and
principles created by the judges which are not equity. Lawyers
must simply learn what the rules at common law are and what
the rules in equity are. In many situations the rules overlap11
and although the rules in equity will prevail12, it is of great
importance that the lawyer be aware of what the positions is
both at common law and in equity.

VOCABULARY

1) common law = drept comun, drept cutumier

34
2) equity = drept natural; lege nescrisă
3) widespread = răspândit; întins
4) to diminish = a diminua; a micşora, a slăbi
5) sitting = şedinţă, adunare, întrunire
6) to settle a case = a soluţiona, a rezolva un caz, o
cauză
7) to enforce the rights = a valorifica drepturi
8) impetus = imbold, impuls
9)Court of Exchequer = Curtea Ministerului de Finanţe
(în Anglia)
10) appellate (jurisdiction) = jurisdicţie de apel
11) to overlap = a suprapune; a coincide în; a întretăia
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.

35
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 • traffic regulation


• to infringe • to misuse
• poaching • receiver
• to disclose • proviso
• to distort • grievance

IV. Try to match the legal terms (1-8) with the


proper definitions (A-H):

1. discharge of A. the recruitment, transportation,


firearm transfer or receipt of persons by means of
threat, use of force, coercion, fraud or the
abuse of authority for the purpose of
exploitation.
2. theft of motor B. crossing the border or boundary of a
vehicle province without proper documents
3. illegal border C. traffic incidents involving the
crossing operation of a motor vehicle while under

36
the influence of any intoxicating
substance.
4. trafficking in D. any offence relating to the speed of
person operation of a motor vehicle.
5. licensing, permit E. any incident involving the unlawful
and local discharge of a firearm.
ordinance
violations
6. speeding F. the theft of a passenger vehicle, truck,
bus or other vehicle intended for use
transporting persons or goods upon the
roadway.
7. improper G. violation of any local ordinance,
registration permit or licensing requirements
established by local authorities.
8. driving under H. any offence relating to false, altered,
the influence forged display or exhibition of documents
evidencing the registration of a motor
vehicle..

V. Translate into English:

1) Tribunalul poate impune o sentinţă care să priveze


pe acuzat de libertate.
2) Se iau toate măsurile pentru a respinge orice avantaj
al acuzării asupra apărării.
3) După ce o persoană a fost arestată, el/ea este
acuzat(ă) şi adus(ă) în faţa instanţei.
4) Intervievarea martorilor acuzării este foarte
importantă într-un proces penal.
5) În general, infracţiunile care sunt judecate pe baza
unei proceduri sumare sunt pedepsite cu o amendă.
6) Nu trebuie subestimată depoziţia vreunui martor în
anchetarea cazului.

37
7) La intrarea în Marea Britanie, ofiţerul de la imigrări
recomandă ca să nu se depăşească perioada permisă de şedere
în ţară.
8) Deşi parlamentul votează legile, judecătorii sunt cei
care le aplică, ţinând cont şi de specificul cazurilor.
9) Dacă el ar fi mărturisit totul de la început, vina lui ar
fi fost mai mică.
10) În caz că este arestat, suspectul are dreptul să
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

38
conduct of a prosecutor or judge that hinders the fairness of a
trial to the extent that the outcome is adversely affected is in
violation of the defendant’s right of due process. The efforts of
the prosecutor and the court should be directed toward fairness
and justice.

VIII. Write a short composition in which to show the


phases of a trial in Romania. You can as well discuss a case
that you studied about.

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..
 “mustn’t” expresses an interdiction:
Pedestrians mustn’t cross the road when the light is red.
 “have to” expresses an obligation given by some
external authority:
You have to wear this badge, that’s our regulation
 “don’t have to” and “needn’t” express the absence of
obligation:
You don’t have to speak so loudly, I can hear you.
 “should” expresses moral obligation or advice,
suggestion:
She should pay more attention to her spelling.

39
I. Patrick and Susan are colleagues attending a
conference. Complete the dialogue. Use “must”, “mustn’t”
or “have to”:

Patrick: Well, it’s been good talking, but I’m really tired
now, and I must go end get some sleep.
Susan: Really? ………… you go so soon? Let’s have
another drink at the bar.
Patrick: No, really. I ………… If I stayed for another
drink, I know I’d be useless tomorrow. And I
………… start work at 6.00 in the morning.
Susan: At 6.00?! Why do you ………… start so early?
Patrick: Because my head of department wants me to run
a breakfast seminar, and I still have some
preparation to do – I …………. make any
mistakes!
Susan: Why ………… the seminar ………. so early?
Patrick: I don’t know. Stupid, isn’t it?
Susan: 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.

40
8. Mr. Barton …………. cook his own meals next week
because his wife will be away.
9. You ………… see this film. It’s really very good.

III. After reading the following sentences, express an


impression or an opinion about the ideas they contain,
using modal verbs followed by a perfect infinitive:

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


He might have been absent.

a) Jenny’s pronunciation has improved considerably


(must).
b) Mary didn’t get on with her examination as well as
she was expected to (could).
c) The doctor didn’t return yesterday as he had
promised his patients (should).
d) They were very tired when they came home (must).
e) He seemed terribly excited when I saw him (might).
f) Well, I suppose be has failed (should).
g) They had an appointment in his office yesterday, but
Mr. Roberts didn’t come (might).
h) His journey didn’t last more than an hour (could).
i) They looked for the child everywhere except in the
sick man’s room (might).

IV. Translate into English:

1) Trebuie să fie destul de târziu, fiindcă străzile sunt


pustii.
2) N-am înţeles lecţia, aşa că Dan a trebuit să mi-o
explice din nou.
3) Va trebui să stai aici până se întoarce secretara.
Cineva trebuie să răspundă la telefon.

41
4) Ieri dimineaţă a trebuit să mă duc după cumpărături
pentru că aveam musafiri la cină.
5) Nu crezi c-ar trebui să te duci la doctor dacă nu te
simţi bine?
6) De ce ai cumpărat fructe? Am luat trei kilograme de
mere, nu mai trebuia să cumperi şi tu.
7) E nevoie să arăt legitimaţia de serviciu ori de câte ori
vin în această instituţie?
8) Mike nu răspunde la telefon. Probabil că a plecat
foarte devreme de acasă.
9) Trebuie să predau proiectul de diplomă înainte de
sfârşitul săptămânii.
10) N-a fost nevoie să-i traduc articolul fiindcă ştie bine
englezeşte.

42
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 king’s common-law courts had largely limited the
relief available in civil cases to the payment of damages and to
the recovery of the possession of property.
The disappointed litigants1 petitioned the king, who was
the ‘fountain of justice’. The king, through his Chancellor,
eventually set up a special court to deal with these petitions.
The rules applied by the Court of Chancery hardened2 into law
and became a regular part of the law of the land. The most
important branch3 of equity is the law of trusts4, but equitable
remedies such as specific performance and injunction5 are also
much used. In case of ‘conflict or variance’ between the rules
of common law and equity, equity come to prevail.
Equity thus worked ‘behind the scenes’ of the common
law action; the common law principles were left intact, but
they were superseded6 by equitable rules in all cases.
This system went on until 1875 when the old courts of
common law and the Court of Chancery were abolished, and in
their place was established a single Supreme Court of
Judicature, each branch of which had full power to administer
both law and equity.
When one says that a particular rule of modern law is a
rule of ‘equity’, one means that it has to be read in the light of
a whole complex of rules developed by the Chancellors. One of

43
them was (and is) to the effect that “he who comes to equity
must come with clean hands”. This rule will apply whenever
the plaintiff7 is relying upon an equitable right, but not
necessarily when he is relying on a common law right. To say
that a particular right is an equitable right means that all the
subsidiary rules of equity apply to it. On the other hand, a
particular right is to be interpreted in a common law
atmosphere, leaving out of account such equitable rules as
apply only to equitable rights.
Although the rule is that when law and equity conflict,
equity prevails, there is always the possibility that a litigant
who relies on an equitable rule may for some reason find
himself outside the limits of that equitable rule and when this
happens the contradictory common law rule, which may
generally seem to be a dead letter, becomes very much alive.
Courts of equity also developed early in the United
States, but in the late 19th and early 20th centuries most U. S.
courts similarly abolished the distinctions between actions at
law and suits in equity and fused8 their administration in one
procedural system, with but one civil action, in the same court.
Modern equity has been much assisted by legislation. The old
notion that equity protects only property rights has been
virtually abandoned. Now an employee9, for example, can be
barred from competing10 with his employer after discharge or
resignation. An injunction may now be had, where other
factors of appropriateness permit, against threatened injury to
interests of personality, such as civil liberties, privacy,
reputation and domestic relations

VOCABULARY

1) litigant =.împricinat, parte litigantă, acuzator


2) to harden = a (se) consolida, a (se) întări
3) branch = ramură, domeniu; câmp de activitate
4) trust = tutelă, procură

44
5) injunction = ordonanţă, hotărâre judecătorească
6) to supersede = a înlocui; a (se) substitui
7) plaintiff = reclamant (într-un proces civil; parte
vătămată într-un litigiu civil)
8) to fuse = a se contopi, a fuziona
9) employee = angajat, salariat
10) to compete with = a concura, a intra în competiţie

COMPREHENSION CHECK

I. Match each of the following words to the correct


definition:

1. to sue A. to have a right to something.


2. damage B. a person who defends a civil or
3. defender criminal action.
4. case of first C. money given as a legal compensation.
instance D. to take legal action against someone
5. to dismiss an in a civil case.
appeal E. to give a judicial decision.
6. to deliver F. to reject, or not accept an appeal.
judgement G. a person who brings an action in civil
7. to hold law
8. to be entitled H. to decide in legal proceedings.
9. plaintiff I. the first hearing of a case, not an
appeal.

II. Give the Romanian equivalents of the following


legal terms; Write a sentence with each of them:

• injunction • liable
• forfeiture • hereditary peerage
• appeal • mens rea (lat)
• breach of the law • remedy

45
• to move a motion • 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 • Constitutional law


• Law of Tort • Property law
• Administrative law • Law of contract
• Land law • Commercial law
• Roman 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:

46
1) Acuzatul trebuie să fie condamnat la închisoare pe
viaţă, întrucât a comis un omor.
2) Infractorii sub vârsta de 21 de ani pot fi trimişi la
instituţii de reeducare.
3) S-ar putea ca el să fie nevinovat.
4) Întrucât el doreşte să mai lase o parte din averea sa şi
unei alte persoane, el trebuie să adauge o clauză în testament.
5) Inculpatul trebuie să plătească reclamantului o
amendă mare întrucât i-a avariat grav maşina.
6) S-a instituit procedură judiciară împotriva şoferului
vinovat.
7) Judecătorul i-a impus inculpatului să plătească
amendă plus cheltuielile de judecată.
8) Ca urmare a atacului comis asupra unui om de către
cei doi tineri, s-a emis mandat de aducere în faţa instanţei a
celor vinovaţi.
9) După audierea tuturor martorilor, juriul a început
deliberările.
10) În Marea Britanie sindicatele protejază interesele
angajaţilor prin negocierea salariilor cu organizaţiile 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

47
on the conformity of legislation and on other official actions to
constitutional norms.

VII. Put the following statements concerning the


service of a writ into chronological order.

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


number.
2. The writ is issued.
3. The plaintiff indorses the nature of his claim against
the defendant.
4. The defendant decides to contest the claim.
5. The writ is sent by first-class post to the defendant.

VIII. Comment on the following proverbs:

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


cat.
No physician like a true friend.”

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 couldn’t swim.


She insisted that she had to see us.

DIRECT SPEECH INDIRECT SPEECH


a. Johnny, you’ve passed your I told Johnny he’d passed his
exam. exam.
b. I’ll telephone today He said he’d telephone that
this day
48
evening that
evening
c. Mr. Smith will be back They told me Mr. Smith
tomorrow. would be back the next/the
following day.
d. Your parcel arrived I told Jane her parcel had
yesterday Jane arrived the day before.
e. It happened two hours ago. They told me it had
happened two hours before.

I. Rewrite the sentences in Reported Speech:

a) “I’ve read the report and I don’t understand section


4”, he said.
He said ……………………
b) “When I finish my presentation, I’m going to have a
drink”, he said.
He said ……………………
c) “I like playing tennis, but I don’t do it very often”,
she said.
She said ……………………
d) “I’m preparing the figures but I won’t be long”, she
said
She said ……………………
e) “I’m going to visit our French subsidiary, but I’m
not sure when”, she said.
She said ……………………
f) “We received your order last week”, they said.
They said ……………………
g) “I’m sorry about the delay, I’ll deal with this now”,
he said.
He said ……………………

II. Turn the statements, questions and orders below


into reported speech:

49
a) “These shoes are too small. I am returning them to
the shop and I hope I will be refunded”, said my aunt.
b) “I have just opened a savings account. I want to go
to Bahamas next summer”, my friend said.
c) “You must take out a mortgage. We can no longer
share this tiny flat ”, their parents said.
d) “Can I buy oil and sugar on credit? My husband will
only get the unemployment benefit next week” asked the house
wife.
e) “I won’t pay the bill. It’s simply a rip-off”, said the
customer.
f) “Why did they sell this wonderful painting at such a
small price? ” asked Mrs. Smith.

III. Change the following sentences from indirect


into direct speech:

1. Linda wanted to know whether George had really


shot that bear.
2. Mother asked me whether I had finished my work.
3. Doris inquired whether he would bring his brother
along.
4. Mike asked his girl-friend whether she liked her new
job.
5. Mary wanted to know what she was supposed to do.
6. They asked whether Jack had been heard of lately.
7. I asked Peter whether be had ever eaten cooked
bananas.
8. Jimmy asked me yesterday whether I had returned
the book.

IV. Translate into English:

50
a) El spunea că dacă pleacă imediat o să ajungă acasă
înainte de miezul nopţii.
b) Mi-a spus să-l scuz dacă va întârzia puţin.
c) Ea spunea că a trecut o săptămână şi jumătate de
când a venit în oraşul acesta.
d) Spera că dacă totul va merge bine va pleca în iunie.
e) Mi-a spus ieri că astăzi împlineşte 30 de ani.
f) Mi-a scris că se află la Cluj de două săptămâni.
g) Ea mi-a spus că vor pleca la mare de îndată ce
discută cu cumnatul lor.
h) L-am întâlnit pe stradă, dar n-am putut sta de vorbă
cu el fiindcă mi-a spus că e foarte grăbit.
i) El ne-a întrebat de câte ori am fost în străinătate.
j) Mi-a spus că dacă va citi cartea până luni mi-o va
înapoia chiar în ziua aceea.

51
UNIT 6

THE SOURCES OF THE ENGLISH LAW

According to the solemnity of the form in which they


are made, laws are traditionally divided into two main
categories: written or unwritten. “Written” law signifies any
law that is formally enacted1, whether reduced to writing or
not, while “unwritten” law signifies all “enacted” law.
On the Continent the volume of written law tends to
preponderate over the volume of unwritten, but in England
unwritten law is predominant, for more of their law derives
from judicial precedents2 than from legislative enactment. Two
main and two subsidiary sources of law are to be mentioned.
The principal sources are Legislation and Judicial Precedent;
the subsidiary sources are Custom and Books of Authority.
The principle of justice is enforced in English law by
the rule of stare decisis (referring to what has been decided
previously) and this rule has a coercive3 or binding4 nature in
the English system. The rules of common law have been
evolved inductively from decision to decision involving similar
facts, so that they are firmly grounded upon5 the activities of
litigation and the reality of human conduct. New cases lead
onwards6 to reach forward new rules. In contrast, the European
civil law supposes the task of the courts to be deductive: to
subsume the present case under a generalized and codified rule.
So, a distinctive feature of the English system is that, because
the English judge has – through precedent – power to make
new law, his position in the legal system is central.
The judge may be obliged to consider the former
decision as part of the material on which his present decision
could be based, or he may be obliged to decide it in the same

52
way as that in which the previous case was decided. In the
latter case the precedent is said to be “binding”. A court which
is inferior in authority to another court is obliged to follow a
court of superior authority if called upon to decide upon facts
similar to facts already tried by the superior court. On the
criminal side of the Court of Appeal the Court could depart7
from its previous decisions “in the interest of justice”. On the
civil side it may depart from its previous decisions in three
situations: when there are two earlier conflicting decisions;
when the Court’s earlier decisions cannot stand with a
subsequent decision of The House of Lords; and when the
Court’s earlier decision was given per incuriam8. These
exceptions of the rule of stare decisis underline the fact that,
although the rules of precedent are important in English law,
they are not as important as the judge’s obligation. The judges
have a field of choice in making their decisions, they rest their
judgements upon the general principles exercised in case law
as a whole.
Customs are social habits, patterns of behaviour, which
all societies seem to evolve. Custom is not solely9 important as
a source of law, for even today some customary rules are
observed in their own right and they command almost as much
obedience as rules of law in that their observance10 is not
enforced by the organs of the State. In modern times most
general customs have either fallen into desuetude or become
absorbed in rules of law.
The European writings of legal authors form an
important source of law. In England, in accordance with the
tradition that the law is to be sought in judicial decisions, their
writings have in the past been treated with comparatively little
respect. They have been cited in court, rather by way of
evidence of what the law is than as independent sources from
which it may be derived.

53
VOCABULARY

1) to enact a law = a promulga o lege


2) precedent = precedent, decizie judecătorească ce face
jurisprudenţă
3) coercitive = de constrângere, coercitiv
4) binding = obligatoriu
5) to ground upon = a (se) baza pe, a (se) întemeia pe, a
(se) sprijini pe (fig.)
6) onwards = înainte; mai departe
7) to depart = a se abate
8) per incuriam (lat) = prin neglijenţă sau omisiune
9) solely = numai
10) observance = respectare; observanţă; regulă

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 judge’s position in the English legal
system?
g) Are customs important as sources of law? Why?
h) Do the English legal writings have any importance as
a source of law?

II. Match the following terms with the definitions


below:

54
a) accident personal injury
b) defective equipment
c) dangerous driving
d) impeding
e) riot
f) road block
g) booting

1) the offences of theft, burglary or criminal damage


during time of civil unrest, disturbance or natural disaster
2) the assembly of more than two persons whose
malicious actions cause death, injury or property damage
3) the assembly of more than two persons for the
purpose of blocking a roadway; the blockage may be by use of
an object, group of objects or any substance
4) any motor vehicle accident causing injury, but not
death, to a person
5) offences relating to the operation of motor vehicles
with altered, broken, defective, damaged or missing equipment.
6) operating a motor vehicle so as to endanger life or
property
7) offences relating to the illegal or improper parking,
stopping or standing on, in or adjacent to a roadway

III. Add suffixes to form nouns:

to appoint; to assess; to attend; to convict; to defend; to


dispose; to establish; to evaluate; to hear; to immigrate; to
imprison; to proceed; to propose; to prosecute; to withdraw

IV. Ask questions to the following statements:

a) The basic powers and responsibilities of local


authorities shall be prescribed by the constitution or statute.

55
b) The principle of local self-government shall be
recognised in domestic legislation.
c) Public responsibilities shall be exercised by those
authorities which are closest to the citizen.
d) Allocation of responsibility to another authority
should weigh up the extent and nature of the task and
requirements of efficiency.
e) Powers given to local authorities may not be
undetermined, or limited by another central or regional
authority.

V. Choose the correct answer:

1) In the legal profession, men ___________ women by


five to one.
a) outclass c) overcome
b) outnumber d) supersede
2) The _________ sentenced the accused to 15 years in
prison
a) barrister c) judge
b) counsel d) solicitor
3) After a close cross-examination, the barrister was
________ . His client was telling the truth.
a) content c) happy
b) glad d) satisfied
4) I _________ to say anything unless I am allowed to
speak to my solicitor.
a) deny c) refuse
b) neglect d) resist
5) All __________ barristers are expected to study at
the Inns of Court.
a) hopeful c) willing
b) prospective d) wishful

VI. Translate into English:

56
1) În Marea Britanie nu există numai un singur organ al
legii.
2) În ce priveşte diferenţele dintre sistemul juridic
scoţian şi cele din restul Marii Britanii, acestea sunt mai
extinse.
3) O trăsătură comună tuturor sistemelor juridice din
Marea Britanie este aceea potrivit căreia sursele de drept includ
legislaţia,precum şi o mare cantitate de cutumă (unwritten law)
care provine din numeroasele hotărâri ale instanţelor de-a
lungul timpului sau din alte surse.
4) Majoritatea urmăririlor penale în Anglia sunt
conduse de către poliţie, dar punerea sub acuzare este de
competenţa procurorului public.
5) Este necesar ca avocaţii să caute toate informaţiile
relevante pentru cazul respectiv la poliţie.
6) Fiecare acuzat are dreptul să apeleze la un avocat
pentru apărare.
7) Dacă acuzatul nu poate să-şi permită să angajeze un
avocat pentru apărare, atunci i se acordă asistenţă juridică pe
cheltuiala publică.
8) La începutul secolului curţile de apel au fost obligate
să-şi respecte judecăţile precedente.

VII. Translate into Romanian:

The plaintiff begins his action by way of a writ of


summons, which is a formal document containing details of the
parties, the plaintiff’s claim, an instruction to the defendant to
acknowledge the writ within a specified time and a warning to
the defendant that he must acknowledge and indicate an
intention to contest the case or risk the plaintiff proceeding
directly to a judgment.
On the back of the writ the plaintiff must set out
(’indorse’) the nature of his claim against the defendant either

57
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 Main Clause


Present Tense, Present perfect Future, Imperative

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


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

If Clause Main Clause


Should+Infinitive 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:

58
If Clause Main Clause
Past Tense/Past Subjunctive I Present Conditional

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


If she became a reporter, she would work very hard.
 Type 3
- impossible condition referring to something in the past
which cannot by definition happen:

If Clause Main Clause


Past Perfect Tense/Past Subjunctive II 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 supplier’s workforce kept going on strike, …...
3) If my employees refused to work overtime, ………
4) If I inherited a fortune and opened my own business
and a close relative asked me to give him/her a well paid job,
………………………
a) I would use alternative suppliers and make sure I had
emergency stocks.
b) I would offer her/him the job only when the business
becomes profitable.

59
c) I would think of some ways to encourage my staff to
be helpful.
d) I would give them bonuses for extra hours.

II. Underline the correct words:

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


2) If you phoned/had phoned me yesterday, I had
told/would have told you.
3) If you took/would have taken more exercise, you
might feel/had left better.
4) If Tim would have listened/had listened more
carefully, he wouldn’t have made/didn’t make that mistake.
5) If we would found/found suitable premises, we
would have moved/had moved earlier.
6) If people kept/had kept their offices more tidy, it
might present/presented a better image to our visitors.
7) If I had known/would know about their financial
problems, I wouldn’t do/wouldn’t have done business with
them.
8) If our side had been/was better prepared, we
succeeded/could have succeeded in the negotiations.

III. Translate into English:

1) Dacă nu l-aş fi înţeles, l-aş fi rugat să vorbească mai


rar.
2) Aş alege rochia aceasta dacă n-ar fi atât de strâmtă.
3) Dacă compania noastră ar fi vrut să vândă sau să
cumpere valută, ar fi putut contacta un agent de bursă.
4) Dacă nu pleci imediat, vei pierde în mod sigur trenul.
5) Ţi-aş fi recunoscător dacă mi-ai da mai multe
informaţii în legătură cu folosirea cardului.
6) Dacă nu te trezeşti devreme, n-o să poţi să ajungi la
serviciu la timp.

60
7) Dacă aş fi observat accidentul, aş fi notat numerele
maşinilor.
8) Cum ai reacţiona dacă ai afla că firma lui va da
faliment?
9) Câinele meu latră întodeauna dacă aude vreun
zgomot neobişnuit.
10) Kate ar fi învăţat încă două ore, dacă ar fi ştiut că
examenul fusese amânat.
11) Dacă mâine aş avea zi liberă, aş pleca în excursie la
munte.
12) Dacă aş fi ştiut că faceţi comerţ cu această firmă de
atîţia ani, aş fi luat legătura cu voi imediat.

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

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


the truth.
b) What you (to do) if you found a burglar in your
house?
c) Someone (to steal) your car if you leave it unlocked.
d) Jim (to be ruined) if the bought his wife everything
she asked for.
e) If she were sent to prison, you (to visit) her?
f) He would have forced his way into the house if I (not
to call) for help.
g) If I (to change) my job would it affect my pension?
h) If father had been at home, he (to answer) the phone.
i) Mike wouldn’t have believed it if he (not to see) it
with his own eyes.
j) He (to buy) shares in your company if he had some
money.

61
UNIT 7

THE BRITISH CONSTITUTION

The British Constitution is not written in a basic


document or group of documents. It has evolved over the
centuries with several dramatic changes and high degree of
historical continuity has been maintained as the constitution
has been brought up to date.
The constitution is regulated1 to a large extent by rules
which do not belong to the normal legal categories and which
are called constitutional conventions. They are rules of political
conduct or binding usages, most of which are capable of being
varied or of simply disappearing as political conditions and
ideas change. Sometimes it is convenient to contrast
constitutional convention with ‘strict law’2. This, in strict law
(by virtue of the royal prerogative) the Queen can dismiss her
Ministers at pleasure. By convention this legal power is
exercisable only in very extraordinary circumstances. As the
Queen must act in accordance with ministerial advice,
Parliament still adopts the form of conferring discretionary
powers on Her Majesty. This dichotomy3 of law and
convention pervades4 much of the constitutional law.
The absence of a cumbersome5 procedure for altering
rules of constitutional importance, the omnicompetence6 of
Parliament and the pliability7 of many constitutional
conventions tend to make the British constitution flexible and
easily adaptable.

62
The upper House of Parliament, the House of Lords,
still constituted on a hereditary basis, is of minor importance;
the lower House, the elected House of Commons, is the focus
of political attention. The political arm of the executive branch
of government is recruited from and located within Parliament,
and the Cabinet is collectively ‘responsible’ to Parliament in
general and the House of Commons in particular. A
Government would either have to resign or go to the country if
it were to forfeit8 the support of a majority in the Commons.
Because of the structure of modern British political
parties, and the operation of the electoral system and certain
constitutional rules the Government is normally able to
command parliamentary support for the implementation of
almost any policy that it is in practice likely to adopt. The
Government has indeed to be responsive9 to parliamentary
opinion, as well as to the weight of opinion in the electorate at
large, but one must not imagine that it is in any real sense a
delegate or agent of Parliament. Parliamentary government is
not governed by Parliament. The Government governs in and
through Parliament. At the same time, it would be erroneous to
speak in terms of ‘Cabinet dictatorship’. A Government
operates within a complex network10 of constraints restricting
its freedom of manoeuvre.
The constitutional principles, rules and practices of the
United Kingdom have never been codified. They derive from
statute law, from common law, and from conventions of the
constitution, which are not laws at all, but political practices
which have become considered as indispensable to the smooth
working of the machinery of government.

VOCABULARY

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


ajusta
2) ‘strict’ law = lege necondiţionată, fixă

63
3) dichotomy =dihotomie, diviziune cu două părţi
4) to pervade = a cuprinde; a pătrunde (în)
5) cumbersome = obositor, incomod, greoi
6) omnicompetence = împuternicire deplină
7) pliability = pliabilitate, flexibilitate
8) to forfeit = a pierde prin confiscare
9) responsive = înţelegător; corespunzător
10) network = reţea

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?
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 5. deportation
2. missing person 6. civil disputes
3. natural or accidental death 7. domestic disputes
4. suicide

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

64
B. the official government action of expelling a person from a
country or from a province
C. the assembly of more than two with a common purpose
without causing death, injury or property damage
D. family disputes in which there is absolutely no criminal
conduct
E. cases of persons who intentionally terminate their lives
F. the report that a person’s location is unknown and, should
reasonably be known; this report must be made by a
responsible party
G. deaths reported to the police that are caused by natural body
functions or by unintentional but legal actions

III. Choose the right answer:

1) The judge _______ the pedestrian for the accident.


a) accused c) charged
b) blamed d) sued.
2) A _______ is a trial lawyer or litigator.
a) barrister c) solicitor
b) judge d) coroner
3) The judge will hear the next _______ after lunch.
a) case c) lawsuit
b) charge d) trial.
4) His legal training enables him to put his case ______
very convincingly.
a) down c) over
b) out d) up
5) The ________ sentenced the convicted man.
a) judge c) barrister
b) counsel d) prosecutor

IV. Give the Romanian equivalents of the following


legal terms. Write a sentence with each of them:

65
• assent • to take precedence
• to hold office • misconduct
• adjournment • to be empowered
• to reverse a sentence • to vest
• liability • 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)Don’t forget you must deposit your key at the
reception desk when you leave the hotel.
4) We are sorry we are so late.
5) I regret I spoke to the boy so rudely.
6) The meeting that was arranged for tomorrow will
now be held a week from tomorrow.
7) Can you find something that will stop the door
banging?
8) I hope I shall hall see you on Tuesday.

VI. Translate into English:

1) El ar fi putut obţine o notă mai mare la Drept Civil,


dar nu a studiat îndeajuns.
2) El ar fi trebuit să plătească o amendă mai mare
pentru avarierea destul de serioasă a maşinii reclamantului.
3) Nu putea să fure el ceasul, toată lumea îl consideră
un om onest.
4) Este necesar ca această lege să fie votată în
parlament.
5) Avocatul insistă ca inculpatul să fie eliberat pe
cauţiune.

66
6) Judecătorul a hotărât că tânărul infractor să fie trimis
la o şcoală de reeducare.
7) Pot fi jurisconsulţi absolvenţii facultăţilor de ştiinţe
juridice.
8) Funcţia juraţilor este de a declara dacă acuzatul este
vinovat sau nevinovat.

VII. Translate in to Romanian:

When the government’s manifesto commitment to


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

VIII. Comment on the following proverbs:

“Much law, but little justice.”


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

FOCUS ON GRAMMAR

UNCOUNTABLE NOUNS

 An uncountable noun has only one form. We cannot


use numbers with it:

67
Eg. - substances, materials: water, air, oil, coffee,
money, steel, food, electricity.
- abstract ideas: freedom, progress, health,
trouble, fun.
- activities: sleep, music, work, football,
research
- human qualities/feelings: sadness, respect,
courage, honesty, patience.
 The following nouns are uncountable in English:
advice, business, cash, furniture, health, homework, luggage,
machinery, money, accommodation, traffic, weather.
 A few uncountable nouns and in –s: athletics,
diabetes, economics, gymnastics, measles, news, politics.
 Uncountable nouns cannot be counted directly;
however, we can count them using phrases like: a piece of, a
bit of, an item of, a cup of, a glass of, a bottle of, a kilo of, a
barrel of etc:
eg. a piece/two pieces of advice
a bottle/two bottles of water
a bit/two bits of information
a kilo/two kilos of rice
an item/two items of news
a barrel/two barrels of oil.
 Singular or Plural?
 Some singular nouns can be followed by either a
singular verb or a plural verb: army, audience,
board, committee, family, group, management,
staff, team, union:
eg. The company is/are doing very well at the
moment.
 Some nouns have only a plural form and take a
plural verb:
eg. clothes, contents, earnings, expenses, feelings,
goods, police, scissors, remains, surroundings, trousers.

68
I. Underline the correct words:

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


website?
b) Is/Are there many/much traffic in Geneva?
c) How much/How many information have we got
about this company?
d) Where is/are the goods we ordered?
e) There is/are some people waiting for you in
reception.
f) We bought some new equipment/equipments last
month.
g) He gave me an/some advice which was/were really
useful.
h) I’m afraid we haven’t got much/many time.
i) The news is/are on at nine. They may be an/some
information about Davos.
j) You can choose some/any colour you want.

II. Fill in the blanks with the correct form, singular


or plural, of the verb (use simple present or past tense):

1) The United States ……………….. a great political


and economic power.
2) The youth everywhere ……………….. eager to live
an interesting life.
3) The headquarters …………………… located in a
developed area.
4) A lot of information ……………….. necessary for
the new project.
5) The equipment that we ordered ………………. here.
6) Economics …………studied in all business schools.
7) The ecological farm produce …………… in great
demand.

69
8) The news about the closure of the company
…………… really depressing.
9) How much money …………… left in your account?

III. Singular or plural? Underline the correct form


of the words in italics – in each pair there is one singular
and one plural:

a) 1. The large content/contents of the lorry made


it possible to carry all those goods.
2. The content/contents of the book seemed
interesting enough.
b) 1. The premise/premises may have been good,
but the final result was a failure.
2. The company’s premise/premises had to be
redecorated.
c) 1. They had to wait a lot before they passed the
custom/customs.
2. They admired the unique custom/customs
people keep in that village.
d) 1. The sales targets for the first term/terms
could not be achieved.
2. The term/terms of the contract will be drawn
up by the lawyers.
e) 1. The compass/compasses broke, so that the
explorer lost himself in the rain forest.
2. I borrowed his compass/compasses to finish
my diploma design.
f) 1. I need the minute/minutes of the last
meeting.
2. They didn’t find out the result of the contest
until the last minute/minutes.
g) 1. The girls tried on a lot of cloths/clothes for
their holidays.

70
2.She bought some cloths/clothes to have a few
dresses made.
h) 1. The manager has asked us to collect the
figures and submit him the statistic/statistics.
2. Students have passed their exams in
statistic/statistics.

IV. Translate into Romanian:

a) All Dacians rose in arms when the Romans invaded


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

V. Translate into English:

1) Etajera aceasta poate ţine multe cărţi. 2) Sunt mulţi


clienţi în magazinul din colţ. 3) Pojarul este o boală
contagioasă. 4) Cine ţi-a adus ştirea? 5) Tâmplarul, pe care l-ai
cunoscut la mine, face mobilă frumoasă. 6) Am văzut mulţi
peşti înotând sub pod. 7) Mărfurile acestea au venit din China.
8) Vrei să-mi dai foarfecele o secundă? 9) A tăiat două pâini şi
a pus feliile pe masă. 10) Cu mintea ta şi cu puţină hărnicie poţi
să reuşeşti. 11) Au mâncat orez în loc de cartofi. 12) Oamenii
aceştia s-au adunat pentru a rezolva o problemă importantă. 13)
Trebuie să te duci în oraş să cumperi nişte pahare. 14)

71
Acoperişurile caselor erau acoperite cu zăpadă. 15) A cumpărat
câteva gâşte. Îţi place carnea de gâscă? 16) Turiştii au întâlnit
câteva căprioare. 17) De ce se pune petrol în lampă? 18) Pâinea
aceasta este proaspătă, aceea este veche. 19) Dacă încălzeşti
ceara, ea se înmoaie. 20) Oamenii aceştia sunt din nord.

UNIT 8

THE ACTORS OF THE CONSTITUTION

The British monarchy must seem to outsiders a


caricature of the traditional conceits: the participants are trusted
to play the game, though its rules are undefined, and, if they do
not abide1 by the rules, nobody knows what the sanctions might
be.
Most political business in Britain is conducted in the
name of the Crown. Parliament does not govern; the Queen in
Parliament governs. When Parliament reassembles2 at the
beginning of a session, the Queen herself reads out the list of
laws the government hopes to pass. Every bill that passes
through Parliament needs to have royal assent3 before it passes
into law. The Queen appoints bishops, judges and the top brass4
of the army, but always on the advice of the Prime minister.
When one party wins a majority in the House of Commons, the
monarch has no difficulty in nominating the leader of the party
to be prime minister. The Queen has to work on two principles:
she must appear impartial, and must find a government capable
of surviving in the House of Commons.
The House of Lords is made up of hereditary and life
peers5 and peeresses, including the law lords appointed to
undertake the judicial duties of the House, the archbishops of
Canterbury and York, the bishops of London, Durham and

72
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 (MPs).
General elections are held after a Parliament has been
dissolved and a new one summoned6 by the Queen. When an
MP dies or resigns or is given a peerage7, a by-election8 takes
place.
For electoral purposes the United Kingdom is divided
into constituencies9, each of which returns one member to the
House of Commons. Elections are by secret ballot. British
citizens and citizens of other Commonwealth10 countries,
together with citizens of the Irish Republic, may vote provided
they are aged 18 or over, resident in the United Kingdom,
registered in the annual register of electors for the constituency
and not subject to any disqualification.
People not entitled to vote include members of the
House of Lords, patients detained under mental health
legislation, sentenced prisoners and people convicted within
the previous five years of corrupt or illegal election practices.
The Representation of the People Act 1985 extends the
franchise11 to British citizens abroad for a period of five years
after leaving the United Kingdom and extends the right to
apply for an absent vote to all those who cannot reasonably be
expected to vote in person at the polling12 station. A
candidate’s nomination for election must be signed by two
electors as proposer and seconder, and by eight other electors
registered in the constituency. He or she does not require any
party backing. A candidate must also deposit £ 500, which is
forfeited if his or her votes do not exceed 5 per cent of those
validly cast.

VOCABULARY

73
1) to abide by = a respecta, a se conforma (unei legi,
unui regulament)
2) to reassemble = a re-convoca o întrunire
3) royal assent = acordul regal; consimţământul
4) brass = ofiţeri superiori
5) peer = pair, nobil
6) to summon = a convoca
7) peerage = rang de pair; pairii, Lorzii Regatului
8) by-election = alegere locală/parţială
9) constituency = circumscripţie electorală; corp
electoral
10) Commonwealth = republica engleză, 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 • schedule


of Lords • hereditary peer
• to conclude a debate • to eradicate
• repugnance • to plunge
• to supply • spokesman
• to put off

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?

74
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 A. sufragiu
2. by-election B. loc, fotoliu
3. constituency C. a demisiona
4. to be entitled to vote D. alegeri (legislative) parţiale
5. franchise E. circumscripţie electorală
6. to lose/forfeit one’s F. scrutin
deposit G. a avea drept de vot
7. party baking H. a condamna
8. to poll I. birou electoral
9. polling station J. prin procură
10. by proxi K. drept de sufragiu
11. to resign L. a obţine/primi voturi
12. seat M. a-şi pierde cauţiunea/garanţia
13. sentence N. susţinerea unui partid
14. suffrage

IV. Do not begin sentences with and, so, or but.


Which words can be used to replace them? Complete the
following table:

Romanian English
totuşi, cu toate acestea
however
moreover
aşadar, în consecinţă

75
therefore
pe când, în timp ce
unless
în consecinţă, prin urmare
aşa încât
in order to

V. Make up sentences using the following legal


phrases used in law courts:

• to bring an action against smb. – a acţiona în judecată


pe cineva
• to bring a prosecution – a pune sub acuzare
• to comply with a decision – a se supune unei hotărâri
• to commit an offence – a comite o infracţiune
• to conduct an enquiry – a conduce o anchetă
• to deprive smb. of liberty – a priva pe cineva de
libertate
• to discharge a defendant – a pune în libertate un
acuzat
• to give evidence – a depune mărturie
• to grant legal aid – a acorda asistenţă juridică

VI. Translate into English:

1) Dreptul european devine din ce în ce mai operant


datorită Curţii de Justiţie.
2) Curtea de Justiţie rezolvă cazuri litigioase în Europa.
3) Uniunea economică şi monetară a Europei este un
progres imens.
4) Judecătorii fac totul pentru ca dreptul britanic să
rămână conform cu dreptul european.

76
5) Tribunalul Primei Instanţe, care va trata cazurile
minore, nu există decât de câteva luni.
6) Guvernele verifică deja legislaţia europeană şi sunt
suspicioase cu privire la modul de scrutin.
7) Parlamentul va vota luna viitoare amendamentele la
Actul din 1987.
8) Patrioţii pretind că Marea Britanie nu ar trebui să se
plieze în faţa legilor europene şi nici în faţa exigenţelor Curţii
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)

77
FOCUS ON GRAMMAR

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:

78
1) They promoted the manager …………………...
sales team was most successful.
2) Do you know ……………… Catherine works for?
3) The consultant, ……………... seems very young, is
speaking to Martin.
4) I can’t remember …………. I invited to the meeting.
5) The contract ……………. you showed me before
was different to this one.
6) Your colleague, …………… I met this morning, had
the same opinion.
7) I don’t remember …………….. I spoke to when I
called yesterday.
8) It’s difficult to say ……………. this fax was sent by.
9) The manual ……………….. they sent explains
everything.
10) The customer ……………… company I visited is
phoning this afternoon.

II. Decide whether the words in italics are defining


or non-defining relative clauses:

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


Bath.
2) The train which leaves at 8 a. m., doesn’t stop at
Bath.
3) The projector which has a new bulb is over there.
4) The projector, which has a new bulb is over there.
5) The food, which was very nice, was served at the
bar.
6) The man who is in reception has been waiting for
ten minutes.
7) The technician who spoke to Tony was our
neighbour.
8) The technician who spent over on hour here, said
the network was working fine.

79
III. Combine the following pairs of sentences by
means of relative pronouns: who, what, which, whose, that
making any necessary changes. Some relative pronouns can
be omitted.

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


………………………………………………………………
2) A receptionist answered the phone. She said the
finance manager was not available.
………………………………………………………………
3) The office clerk introduced me to the visitors. Most
of them were from abroad.
…………………………………………………………………
4) The lecturer announced he would arrive sooner. This
didn’t suit me at all.
………………………………………………………………
5) This is Mr. Roberts, His company was among the
most successful businesses last year.
………………………………………………………………
6) Our company has recently launched a range of new
products last month. Many of them are already in great
demand.
………………………………………………………………
7) The firm is sending me to New York. I work for this
firm.
…………………………………………………………………
8) She wanted to be shown around the new mall. She
had been told about the mall.
………………………………………………………………

IV. Translate into English:

1) De la cine a cumpărat George maşina?


2) De obicei nu spune cu cine se întâlneşte.

80
3) Cui dorea să-i plătească 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 cărui opere sunt bine
cunoscute.
7) Tom poartă o haină care este prea largă pentru el.
8) Revista pe care mi-ai împrumutat-o este foarte
interesantă.
9) Fata pe care tocmai aţi întâlnit-o este nepoata mea.
10) Băiatul care a aruncat piatra va fi pedepsit.
11) Acesta este omul căruia i-am dat pachetul.
12) E acelaşi volum pe care mi l-ai dat săptămâna
trecută.
13) Bibliografia pe care mi-ai recomandat-o m-a ajutat
mult să-mi fac lucrarea singur.
14) Înotul, care este un sport minunat, face oamenii
puternici şi sănătoşi.

81
UNIT 9

LEGAL PROFESSIONS

Of the public roles played by members of the legal


profession, that of judge is most visible, but the status of judge
and the mode of entry into this branch vary considerably from
country to country. The traditional independence, prestige and
creativity of the Anglo-American judge contrasts with the
rather ordinary civil servant status of most continental judges.
The English judiciary consists of judges of the High
Court and appellate1 courts and comprises the Lord Chancellor,
the lord Chief Justice, the Master of the Rolls2, 11 Lords of
Appeal, 18 lords justices of appeal, the Vice-Chancellor, the
President of the Family Division of the High Court and 80
other judges of the High Court. The Circuit3 judges try criminal
cases in the Crown Courts and civil cases in the County Courts
and they are less than 400. By contrast, the American judiciary
is enormous: the federal judiciary (over 700), District judges,
who are trial judges (over 545) and the judges of the state court
systems exceeding 7, 500 though many of these may have
limited jurisdiction. Besides, American judges operate in a far
less centralized system. Not only does each state have its own
judicial system within its own borders, distinct from the federal

82
system which covers the whole country, but even the federal
system itself is decentralized to a significant degree.
In England there are two distinct kinds of legal
advisors: barristers4 and solicitors5, whereas America has one
professional status of lawyer, attorney or counsel. The English
bar is exceedingly small profession. There are today about
5,300 practicing barristers which is only about one-tenth the
number of practicing solicitors.
An important factor that strengthens the cohesiveness6
of this tightly knit profession is that the majority of barristers
practice in London and nearly all have chambers7 in a very
limited number of areas. The English bar is almost the
apprenticeship8 for becoming a judge. Senior barristers
appearing daily in court become so acquainted with the role of
the judge that they can move from bar to bench9 overnight,
doffing10 the role of advocate and adopting that of judge.
The disappearance of the civil jury means that oral
argument in English Courts tends today to encourage skill in
arguing strict points of law in a way which matches the
approach of English judges. The English barrister acts as a
filter through whom assertions and arguments have to be made.
In this respect, he is not just a hired retainer11, but a public
official with important responsibilities for the working of the
legal system as a whole.
According to the American Bar Foundation Research
Study released in 1985, there are more than 675,000 lawyers in
America. About two thirds of all American lawyers are in
private practice, with some ten per cent in government service.
Unlike an English barrister who is a specialist in advocacy but
a generalist in law, many American lawyers are likely to
specialize in a narrow area, and may have little sense of the
general values and ideas influencing judges in other areas.
Unlike English barristers, most American lawyers do not
regularly appear before judges anyhow, and those who do,
found themselves before a wide variety of judges, state and

83
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 = şeful baroului
3) circuit judges = judecători de circumscripţie
4) barrister = avocat pledant
5) solicitor = avocat, consilier juridic
6) cohesiveness = coeziune
7) chamber = sediu profesional al avocaţilor pledanţi
8) apprenticeship = ucenicie
9) bench = scaun judecătoresc
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?

84
c) How do the American judges operate?
d) What factor really strengthens the cohesiveness of
the English legal advisors?
e) How does the English barrister act like?
f) What is the difference between an English barrister
and an American lawyer?
g) What is a prosecutor?
h) What way should a prosecutor’s efforts be directed
towards?

II. Give the Romanian equivalents of the following


legal terms; write a sentence with each of them:

• to caution • treason
• bail • tax evasion
• to submit • to squash a decision
• adviser • levy
• under arrest • 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.

A. Ownership of property
B. A court that moves from town to town

85
C. Loss of property or a right as a result of an offence.
D. The law concerning the transmission of a dead
person’s estate to the beneficiaries when no will has been
drawn up.
E. Norman noblemen given their land directly by the
king.
F. The power of a court to hear and judge a new case.
G. A system of law complementary to the common law.
H. A sum of money that an offender must pay when
ordered to do so by a legal authority as a punishment for the
offence.
I. Sittings of courts presided over by judges who would
travel around the country.
J. The power of a superior court to review the decisions
of an inferior court.

IV. Make up sentences using the following legal


phrases used in law courts:

• to grant bail = a acorda cauţiune


• to infringe smb’s right = a încălca drepturile
cuiva
• to institute proceedings = a introduce o acţiune
• to impose a fine = a impune o amendă
• to issue a writ for damages = a dispune plata
unor daune
• to make an appeal = a face recurs
• to pass sentence = a pronunţa sentinţa
• to plead guilty = a pleda pentru vinovăţie
• to set aside = a infirma o judecată
• to vote down a proposal = a refuza prin vot o
propunere

V. Put the following actions in the correct order:

86
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 realizează prin:


- consultaţii şi cereri cu caracter juridic, asistenţă şi
reprezentare juridică în faţa organelor de jurisdicţie, de
urmărire penală şi de notariat;
- apărarea cu mijloace juridice specifice a drepturilor şi
intereselor legitime ale persoanelor fizice şi juridice în
raporturile cu autorităţile publice, instituţiile şi orice persoană
română sau străină;
- redactarea de acte juridice, cu posibilitatea atestării
identităţii părţilor, a conţinutului şi a datei actelor;
- orice alte mijloace şi căi proprii exercitării dreptului
de apărare în condiţiile 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

87
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.
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 :

88
eg. Each of the parcels needs a label.
- each can be used after the subject, or at the end of a
sentence:
The parcels each need a label.
or The parcels need a label each.
 both, either, neither
- we use both, either and neither to refer to two
things..
• both means “the one and the other”:
Both emails/Both the emails/Both of the emails/Both
of them are important.
The emails are both important. I’ve read them both.
• either means “the one or the other”. Neither means
“not the one or the other”:
Monday or Tuesday? Yes, either day/either of the days
is fine.
Monday or Tuesday? I’m sorry, but neither day/neither
of the days is convenient.

I. Underline the correct words:

1) Every option has been/Every options have been


explored.
2) The flight and hotel are booked. All/Everything is
organized.
3) I can’t see no/any solution to the problem, I’m
afraid.
4) All of/Every of the files are corrupted by the virus.
5) I can’t come at the week-end. I’m busy both
days/every day.
6) Each our customers/Our customers each have a
separate file on the database.
7) Sorry, but I can’t hear either/neither of you properly.
8) Some of/Some restaurants have service included in
the price.

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9) Not one/Not no question has been answered.
10) The key account managers each/every have their
own list of clients.
11) There were none/no messages on the answering
machine.
12) O K, I think that covers all/everything on that point.
Shall we move on?

II. Complete the sentences with a word or phrase


from the list below: all, any, no, not one, none, each, every,
both, either, neither.

1) I can’t go There are only two flights, and there are


……………….. seats left on ………….. of them.
2) I can’t go. There are only two flights, and
…………………………… of them has any seats left.
3) We sent letters to sixty customers, but …… replied!
4) …………………….. I want is a bit of peace and
quiet to finish writing this report.
5) I’ve phoned …………………… store in the Yellow
pages and they are ………………………… out of stock.
6) We have three models, and …………………….. one
has its own special features.
7) I was nervous at the start of my talk, but after that I
enjoyed …………………….. minute.
8) I got three letters, but there were …………….. for
you, I’m afraid.
9) I got three letters, but there weren’t …………….. for
you, I’m afraid.
10) The Trade Fair is important. We need …………..
Sue and Mike on the stand.
11) Both roads lead to the city center. You can take
………………….. one

90
12) You’ve been six of the best trainees that we’ve ever
had on this course. The best of luck to ………………….. of
you in your future careers.

III. Rewrite the second sentence so it has a similar


meaning to the first sentence and contains the word in
brackets:

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


..................................................... a week.
2) All the participants will be sent an agenda (every).
....................................................will be sent an agenda.
3) This idea won’t work, and the other one also won’t
work (neither).
................................................................will work.
4) Not one of my colleagues speaks German (none).
.................................................... speak German.
5) No documents were inside this parcel (any).
There ................................................inside this parcel.
6) We only want a weaker dollar (all).
..................................................... a weaker dollar.
7) The hotels were both unsuitable (neither).
.................................................... suitable.
8) The two proposals are interesting (both).
..............................................interesting.
9) Not all the audience understood his talk (some).
.................................................. understand his talk.
10) These items aren’t expensive (none).
................................................. expensive.

IV. Translate into English:

a) El nu este nici atent, nici disciplinat.


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

91
c) Atât poliţia cât şi ofiţerul de la imigrări pot aresta un
suspect care a comis o infracţiune legată de imigrare.
d) Oricine îţi poate da un asemenea sfat.
e) Nici şoferul şi nici conducătorul camionului nu au
fost vinovaţi.
f) Anul acesta noi studiem atât Dreptul Civil cât şi
Dreptul Penal.
g) Mi-a cerut nişte plicuri, dar n-am avut nici unul.
h) Infractorul va fi ori amendat, ori condamnat la un an
închisoare.
i) Nici Peter şi nici Jane nu au făcut progrese în studiul
limbii engleze.
j) Regretăm cu toţii timpul fericit al studenţiei noastre.
k) Atât Robert cât şi Dan au obţinut note bune la
examen.
l) În vara aceasta el vrea să facă o excursie în Franţa ori
în Italia.

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UNIT 10

EUROPEAN LAW

The European Court of Justice in Luxembourg, the final


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

93
European Court of Human Rights in Strasbourg. EEC member
states have no treaty obligation to accept rulings of the World
Court or of the European Court of Human Rights. All
community countries are also members of the Council of
Europe and have chosen to recognise the jurisdiction of its
court in human-rights cases.
No member country has refused to accept a ruling of
the European Court of Justice on a large issue of principle. In
some instances, however, they have dithered5 for a long time
before complying. France delayed opening its market to
imports of mutton and lamb from Britain to protect its own
high-cost producers for several months after a court
condemnation. Four years later Britain put into practice a
ruling that it should accept imports of long-life milk from the
continent (mainly France).
When France delayed applying its ruling, the court
came under pressure to issue a second condemnation under its
emergency procedures. The court’s refusal to do so was at first
seized upon by some British commentators as evidence of the
court bowing6 to political pressure. But its reasoning-that to
issue a second ruling would devaluate the validity of the first-
was widely accepted as wise.
The same reasoning prevailed when the idea of penal
sanctions to back up7 court decisions was rejected by EEC legal
experts looking into reforms of the Treaty of Rome designed to
help speed the 1992 project along. The reforms, in the shape of
the 1987 Single European Act, created a junior court, to ease
the workload in Luxembourg. This court, called Court of First
Instance, will deal with minor cases and is due to begin work
later.
The most important cases concern the respect by EEC
countries of their treaty obligations and, for private companies-
the application of Community competition and trade policy.
American multinationals turn to the court if they feel the

94
commissions have fined them unfairly for breaches of EEC
antitrust8 law.
The new rules resulting from the Single European Act
and the 1992 project will add to the court’s work. EEC legal
experts complain privately that the act, which was drafted9 in
less than six months, contains a number of ambiguities and
even contradictions. The court will no doubt have to sort some
of them out. It will also be called upon more and more by
national courts for rulings on how they should apply the
growing number of EEC rules. And it will have to arbitrate in
cases where member-states contest some of the Community’s
new powers. Governments are carefully checking each major
item of 1992 legislation to see whether it requires a majority
vote or a unanimous one in the Council of Ministers or whether
the EEC is competent to decide at all. Britain is being
particularly vigilant.

VOCABULARY

1) to settle a dispute = a soluţiona un diferend


2) dissenting = care este în dezacord sau în opoziţie
3) ruling = decizie (a unui tribunal), sentinţă
4) to set out = a pune în ordine, a stabili
5) to dither = a şovăi, a ezita
6) bowing = care se supune
7) to back up = a face să dea înapoi
8) antitrust law = lege antitrust
9) to draft = a schiţa, a întocmi un plan/proiect

COMPREHENSION CHECK

I. Find Romanian equivalents to the following words


and phrases:

95
• to act indecisively • due process
• complaint • pursuant to
• to yield • assault and battery
• punishable • to threaten
• executive • 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.
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.

96
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 nevinovăţie


• to quash a decision = a casa o decizie
• to resolve a conflict = a soluţiona un conflict
• to reverse a sentence = a revoca o sentinţă
• to state the cause = a-şi apăra cauza
• to sue smb. = a da în judecată pe cineva
• to try a case = a judeca un caz/proces
• to punish with imprisonment = a pedepsi cu
închisoarea

97
• to bring in a verdict of guilty/non guilty = a pronunţa
un verdict sau o decizie de achitare/condamnare (de către
juriu).

V. Match the sentences on the left with the


appropriate sentences on the right:

1) The Department of a) unless they are guilty of


Employment Productivity in serious misconduct
Great Britain provides
employment services to help
men
2) Working conditions in b) is available to be
Great Britain are regulated by disabled
legislation
3) Much is done on a c) which is enforced by
voluntary basis by employers public inspectors
4) Special help includes d) who are seeking
industrial rehabilitation suitable work to get
suitable jobs
5) Employees are protected by e) who try to maintain
the Contracts of Employment good working conditions
Act 1963 against dismissal in places of employment
without notice

VI. Translate into English:

Martorul: Am văzut acuzatul la locul crimei acum o


lună.
Procurorul: Vă înşelaţi, pentru că în acea perioadă vă
aflaţi în vacanţă în Italia.
Martorul: Cum puteţi afirma aşa ceva?
Procurorul: Este foarte simplu. Am plecat cu două
săptămâni înaintea dumneavoastră pentru a-mi petrece vacanţa
în Italia. În ultima zi, în drum spre aeroport, nu-mi găseam

98
portofelul şi m-am gândit “Probabil că l-am lăsat în cameră la
hotel.” M-am întors la hotel unde noul locatar al camerei de
hotel mi-a înapoiat portofelul. Acest domn nu era nimeni
altcineva decât dumneavoastră în persoană. Cunoaşteţi
pedeapsa pentru mărturie mincinoasă?

VII. Translate into Romanian:

The Equal Opportunities Commission has published


significant proposals to amend the Sex Discrimination and
Equal Pay Acts. The main proposal is to replace the two laws
by a single statute based on the principle of a fundamental right
to equal treatment between men and women. In addition, the
EOC proposes a fundamental shift in emphasis from individual
to collective remedies. Pregnant workers should, it is argued,
enjoy a simplified and enhanced framework of rights and
benefits and should be complemented by a pro-active approach
to equal pay systems and adopt equal pay policies.
The EOC notes that it would continue to have a crucial
role as the unique and independent agency responsible for
upholding the principle of equal treatment between the sexes,
but acknowledges that a number of its proposals could not be
implemented realistically without a corresponding increase in
its resources.

VIII. Discussion:

• Use the following quotation as a basis for discussion:

”The Romanian people have no more monarch from


1947, but not only does their elected President live in a palace,
he takes virtually no part in the day-today government of the
country.”

99
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 + MAIN VERB + GERUND


INFINITIVE
The Infinitive refers to an The Gerund refers to an
action that happens after the action that happens before
action of the main verb. the action of the main verb.
eg. eg.
1. I remembered to lock the 1. Don’t worry. I remember
door before we left. doing it.
2. I forgot to take my camera
to the mountains last week- 2. I’ll never forget taking
end. those beautiful pictures on
3. I regret to tell you that our holiday last month.
you’ve failed the test. 3. I regret telling you the
4. Jane stopped in the street bad news.
to talk to Bob.
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.

100
4. Would you mind ……………….. (cover) me while
I’m on leave?
5. Susan avoided ………………. (upset) her boss about
that issue although she was right.
6. Have you ever considered …………….. (emigrate)?
7. The negotiating team threatened ………………..
(break off) talks until December.
8. They denied ………… (get) involved in such illegal
transactions.
9. We refused ……………… (accept) the terms of the
contract because they were incomplete.
10. Mike risked …………….. (borrow) a large sum of
money with the aim of setting up his own business.

II. Rephrase these sentences replacing the words in


italics by a gerund or an infinitive construction:

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


desk.
b) I don’t deny that I haven’t understood that part of
the lesson.
c) Fred admitted that he had read very little about the
subject
d) The doctor advised Paty that she should take the
pills on an empty stomach.
e) Did you forget that you had given Mr. Brad that
message?
f) She couldn’t bear that be should think of her in that
way.
g) He preferred that I should say nothing about it at
present.
h) Can you doubt that he will win the competition?
i) I suggested that he should call a specialist
immediately.

101
j) The law requires that all the cars should be
regularly tested for safety and efficiency.

III. Complete the following sentences with either an


infinitive or a gerund:

1. My parents have been married for twenty years;


however, my father continues …………………………..
2. For their honeymoon, my father proposed …………
3. While my parents were driving to the mountains on
their honeymoon, they stopped ………………………
4. They had a nice drive, but when they arrived at the
chalet, they discovered that they had forgotten ………………
5. Have your parents ever regretted …………………..?
6. Have they ever tried …………………….?

IV. Translate into English using Gerund or


Infinitive constructions:

a) Nu-mi pot permite să cumpăr o maşină atât de


scumpă.
b) Nu te-am auzit niciodată plângându-te că ai mult de
lucru!
c) Poate am să reuşesc să-i contactez săptămâna
viitoare.
d) Nu sunt sigură dacă această carte merită să fie citită.
e) Ei ne vor permite cu siguranţă să vizităm expoziţia
înainte de deschiderea ei oficială..
f) Te-ar deranja să mă aştepţi până la ora 5?
g) Să nu uiţi să-l suni pe Mark şi să-i mulţumeşti pentru
cadou.
h) Nu am să pierd toată ziua aşteptând sosirea lor!
i) Poliţistul a oprit maşina pentru a verifica actele.
j) La ce bun să ai un ciocan dacă nu ai cuie?

102
k) Aş prefera să nu-i spui lui Jim despre noua mea
slujbă.
l) Te-am văzut traversând strada, dar nu te-am văzut
urcând în autobuz.
m) Te sfătuiesc să mai aştepţi puţin înainte să accepţi
această slujbă.
n) Jane se plânge că nu are pe nimeni cu care să discute.
o) El a insistat să mă ajute, deşi îi tot spuneam că mă
descurc.

UNIT 11

JUDICIAL POWER IN THE UNITED STATES

Constitution of the United States of America


“We the people of the United States, in order to form a
more perfect Union, establish Justice, insure domestic
Tranquility1, provide for the common defense, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, to ordain2 and establish this
Constitution for the United States of America.”
Article 111
Section 1 (1) The Judicial Power shall extend to all
cases, in Law and Equity, arising under this Constitution, the
Laws of the United States, the Treaties made, or which shall be
made, under their authority; - to all cases affecting
Ambassadors, other public Ministers and Consuls; - to all cases
of Admiralty and maritime Jurisdiction; - to controversies to
which the United States shall be a party; - to controversies
between two or more states; - between a State and Citizens of

103
another State; - between Citizens of different States; - between
Citizens of the same State claiming lands under Grants3 of
different States, and between a State, or the Citizens thereof4,
and Foreign States, Citizens or Subjects.
(2) In all cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a state shall be a
Party, the Supreme Court shall have original jurisdiction. In all
the other cases before mentioned, the Supreme Court shall have
appellate Jurisdiction, both as law and fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
(3) The Trial of all Crimes, except in cases of
impeachment5, shall be by Jury; and such trial shall be held in
the state where the said Crimes shall have been committed; but
when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by law have directed.
(…) section 3 (1) Treason against the United States,
shall consist only in levying6 War against them, or in adhering
to their Enemies, giving them Aid7 and Comfort. No person
shall be convicted of Treason unless on the Testimony of two
witnesses to the same over Act, or on Confession in open
Court.
The Congress shall have Power to declare the
Punishment of Treason, but no Attainder8 of Treason shall
work Corruption of Blood, or Forfeiture except during the life
of the Person attained. Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise
thereof; or abridging9 the freedom of speech, or of the press.
No person shall be held to answer for a capital, or
otherwise infamous crime unless on a presentment10 or
indictment11 of a Grand Jury, except in cases arising in the land
or naval forces, or in the Militia12, when in actual service in
time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness

104
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 = linişte, pace; calm


2) to ordain = a meni, a soroci, a predestina
3) grant = subvenţie, donaţie; dar
4) thereof = de aici; din aceasta
5) impeachment = punere sub acuzare, acuzaţie
6) to levy = a recruta, a înrola, a mobiliza; a percepe a
strânge (impozite)
7) aid = sprijin, support, ajutor
8) attainder = privare de drepturi civile şi de proprietate
(pentru o crimă deosebit de gravă)
9) to abridge = a scurta, a reduce, a limita
10) presentment = prezentare, înfăţişare
11) indictment = acuzare, punere sub acuzaţie, trimitere
în judecată, incriminare
12) Militia = rezervişti (în SUA); armată, oaste
13) to deprive = a priva, a lipsi

COMPREHENSION CHECK

I. Find synonyms for the following words:

• expedient • appropriate
• to rely on • to appoint
• to assume • to refrain from
• default • promptly
• vested in • to occur
• incidental • duty

105
II. Fill in the blanks with the correct word:

1) The House of Commons consists of 650 Members of


Parliament who each represents a ………………
a) state b) house
b) county d) constituency
2) A Bill becomes on Act of Parliament when it has
received the ……………… of both Houses of Parliament and
the Sovereign.
a) enactment c) ratification
b) consent d) assent
3) The President of the House of Lords is called the …..
a) Speaker c) Prime Minister
b) Lord Chancellor d) peer
4) The .................. met urgently at 10 Downing Street
to decide Government policy on the new economic crisis.
a) civil service c) Cabinet
b) ministries d) Parliament
5) The three parts of the Parliament are the monarch,
lords and ...................
a) people c) commons
b) government d) bishops
6) No .................... can become law until it has been
sanctioned or ”read” three times by both houses and received
the royal assent.
a) bill c) code
b) act d) ratification

III. Match the English terms with their Romanian


equivalents:

1) bench a) amânare, suspendare


2) assize b) încuviinţare, aprobare
3) prosecution c) vămuire, formalitate vamală
4) probation d) provocare, somare, sfidare

106
5) clearance e) magistratură, instanţă de judecată
6) to trample f) anchetă, urmărire judiciară
7) to summon g) libertate supravegheată
8) adjournment h) a încălca
9) assent i) şedinţă a tribunalului
10) challenge 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 man’s car so badly, _____
9) The trade unionists will refer the dispute to
arbitration if __________________
10) If you had not made so many mistakes, __________

V. Give the nouns corresponding to the verbs below:

• to • to • to state
perceive develop • to
• to qualify • to rely maintain
• to retrieve • to • to
• to specify describe
authorize • to • to quote
• to amend • to declare
conclude • to
initiate

VI. Translate into English:

107
1) Conform dreptului European o societate ar trebui să
aleagă între trei opţiuni.
2) Până în prezent, conducerea şi muncitorii n-au putut
să se pună de acord asupra sistemului de adoptat.
3) Comisia europeană a trebuit să modifice articolele cu
privire la participarea muncitorilor.
4) Acest proiect de lege ar fi putut fi adoptat în 1970.
5) Este posibil ca multe întreprinderi să aleagă dreptul
european mai degrabă decât propriul lor sistem juridic.
6) Crearea unei societăţi după normele dreptului
European s-ar putea să devină chiar obligatorie.
7) În consecinţă, ar fi necesară o curte constituită din 19
judecători.
8) Regatul Unit şi-a modificat mult politica monetară în
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

108
companies, and must ensure that there is no conflict between
their public duties and private interest.

VIII. Comment upon the following proverbs:

“He that will lie will steal”


“Laws catch flies but let hornets go free.”

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 îndepărtat”.
Further means “suplimentar, adiţional, în plus”, e. g. a
further question means one more question.
Older means 1. “mai bătrân”, 2. “mai vechi”.
In referring to comparative ages in a family group, use
elder, eldest, but attributively only.
Later means “mai târziu”.
The latter means “(cel de) al doilea, acesta din urmă”,
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).

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The last means “ultimul, final” e. g. Shakespeare’s last
play was “The Tempest”.

I. Translate into Romanian:

1) He has made a step further in his researches. The


latest news I’ve got is that he is drawing near to the end.
2) The manager did not find the report satisfactory; he
asked for further information.
3) This street is the least noisy in the district.
4) Two boys entered the room, John and Bill. The
former is my brother, the latter is my cousin.
5) It has been raining for two days; today the weather is
even worse than yesterday.
6) In September the days are not so short than in
December.

II. Translate into English:

1) Casa mea este mai departe de facultate decât a ta.


2) Partea proastă este că nu-l pot găsi nicăieri, nici
acasă, nici la slujbă.
3) Starea bolnavului a fost mai rea astăzi decât ieri.
4) Dintre cei doi martori la accident, primul era un
tânăr, al doilea era un bătrân în jur de 75 de ani.
5) Elefantul este mult mai mare decât leul, dar mult mai
puţin sălbatic.
6) Cele mai plăcute momente vin pe neaşteptate.
7) Se socotea cel mai fericit om din lume când s-a
căsătorit cu ea.
8) Străzile capitalei sunt mai largi decât cele din oraşul
nostru.
9) Care capitală europeană are cei mai mulţi locuitori?

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10) N-am văzut niciodată un om mai grăbit.

III. Put the adjectives in brackets into the correct


form:

a) A personal loan is often a _________ (good) idea


because the repayments are structured over a pre-arranged
period.
b) Your homework is ________ (bad) than hers.
c) Your _______ (old) sister is my ______ (old) friend.
d) Yesterday’s weather was ________ (bad) than
today’s.
e) These books are not _________ (expensive) as the
other ones.
f) _______ (many) people who have a problem with
cash flow phone the bank and ask for on overdraft.
g) This car is _____ (good) than mine.
h) Certain regions produce _______ (much) petroleum
than they consume _______ (much) than they produce.
i) The farmer said that it was the _______ (fat) turkey
he had.
j) This is one of the _______ (successful), _______
(cheap) and ________ (practical) products of the century.
k) “The more, the ______ (merry)” _____ says an
English proverb.
l) This hotel manager was ________ (polite) we had
ever met.

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UNIT 12

LITIGATIONS AND ADJUSTMENT

Complaints1 (UK) or claims (US) to purchases2 may


arise from a delay in delivery, lost goods, damaged goods or
the delivery of wrong goods. Complaints in connection with
purchases may also arise from the non-fulfilment of the clauses
in the contract of sale (default3 in carrying out the clauses in the
contract of sale) by the supplier or of those in the carriage
contract by the carrier.
1. Whatever the cause of your claim you should first
refer clearly to the type of the items concerned by referring to
your own order number or to that of your supplier’s invoice4
and then state the nature of your complaint in detail.

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2. You may point out what difficulty the mistake has
caused to you. A reference to the reputation of the firm may
help your complaint in being taken into consideration more
sympathetically.
3. You should ask to have your complaint investigated
and specify what action you want the supplier to take: you as
buyer, are entitled to refuse any goods that are not in
accordance with your order, except as the result of alterations5
made in agreement with your supplier.
4. You should not use warnings of cancellation or
threats of legal action too liberally. Try to reach an amicable
adjustment.
Replies to Complaints
On receiving a complaint, you, as vendor, should
decide whether it is well-founded or not. Then you must write a
reply to the complaint. If the complaint is well-founded, you
will first admit the error and offer a sincere apology assuring
your correspondents that you are taking measures to avoid the
recurrence of such a mistake. If you feel that the complaint is
unfounded you should carefully explain why his complaint
cannot be accepted and endeavour to convince him that he is
wrong.
Legal Problems
In small firms, matters such as legal action to be taken
in the case of non-payment of debt, default in carrying out a
contract or a dispute of any kind, are dealt with by the secretary
on the instructions of, and after discussion with the directors. In
larger firms, they are handled by the Accounts Department6,
also after discussion with the directors, who will not act
without the advice of the firm’s solicitors.
Non-fulfilment of Contract
The failure by one party to a contract to perform his
part is called a breach of contract. Breach of contract may be
by: renunciation, making performance impossible or merely
failing to perform his part. The aggrieved7 party may either sue

113
for damages or apply to the court for specific performance of
contract.
Damages
Damages are the estimated reparation in money for
injury sustained. The court awards nominal damages as an
acknowledgement of a breach, even if no loss has been
incurred, while for actual loss suffered it awards substantial
damages. The party breaching a contract shall be under an
obligation to take all required steps to mitigate8 the loss that
has taken place, providing that he can do so without undue9
inconvenience or cost.
Penalties10
Penalties are round sums which are stated in the
contract (penalty clause) and must be paid by any party
breaching the contract, but they should not be an attempt to
assess the possible damage.
Customarily, they may be stated in the contract by the
way of compensation where it is difficult to estimate damages
in advance.
Bribery
Bribery and kickbacks11 have become common practice
in former communist countries. The spread of democracy may
itself create new incentives for corruption, given the need to
fund political parties and election campaigns.
If Third World countries are often blamed for the
spread of corruption, developed nations must take their share of
the responsibility and blame, as the corruptors are also
corporations fighting for contracts in military supplies, aircraft,
civil works and communications.
Today, international bodies are beginning to take steps
to curb corruption, and the World Bank has instituted rules that
empower it to investigate corruption complaints and to
blacklist12 companies and governments guilty of large scale
corruption.

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VOCABULARY

1) complaint = plângere, reclamaţie


2) purchase = achiziţie, cumpărare
3) default = neîndeplinire a unei obligaţii, a unui
angajament; neplată
4) invoice = factură
5) alteration = modificare
6) Accounts Department = departamentul de înregistrări
contabile
7) to aggrieve = a vătăma; a răni
8) to mitigate = a atenua, a micşora
9) undue = nepotrivit, exagerat
10) penalty = penalizare, daună penalizatoare
11) kickback = mită, sprijin bănesc
12) to blacklist = a trece pe lista neagră

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?

II. Match the following terms with their definitions


below:

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

III. Find the meaning of the following words and


phrases; then make up sentences with each of them:

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• to adjourn • extenuating
• to bequeth circumstances
• breach of trust • felony
• to bring an action • to go to law
against smb. • jail delivery
• claimant • maliciously
• concealment • 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 dacă nu-şi va încasa banii într-o


săptămână.
2) Veţi fi surprinşi când îi veţi vedea pe martorii citaţi
de apărare.
3) Va putea el să obţină despăgubire în cazul încălcării
contractului?
4) Sperăm că veţi evita neplăcerile şi cheltuielile unei
acţiuni în justiţie.

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5) Conform actului de acuzare, ei au conspirat pentru
prelungirea acreditivului fără garanţie.
6) Nu există nici o clauză (prevedere) pentru pagubele
produse prin foc.
7) El a fost achitat din lipsă de probe.
8) El nu este recidivist şi ar fi trebuit eliberat pe
cauţiune.
9) Părţile vor încerca să ajungă la o soluţionare
amiabilă a tuturor dificultăţilor care pot apărea din sau în
legătură cu prezentul contract.
10) După acest termen, vom înainta problema juriştilor
noştri.

VI. Translate into Romanian:

Class-action suits combine many people with the same


complaint into a single legal action. A contingency- fee system
awards the winning party’s lawyer a share of the damages
collected, usually one-third. The Sherman Act provides for
awards of three times actual damages.
”If my mother buys a local loaf of bread for 20 cents,
and then finds out that all bakers in the country, including hers,
have raised their prices to 22 cents, it’s tough to find an
attorney to bring an action against the corner bakery for 2 cents
... But an attorney can put together a class-action suit on behalf
of all buyers of bread, and then collect a contingency-fee based
on treble damages.”

VII. Imagine you have to write a paper in order to


inform a client that he has to pay you a sum of money.
Write this paper for:

a) a person who can barely read


b) a corporation with a sophisticated board of directors
c) a lawyer

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VIII. Comment on the proverbs:
“Everybody’s business is nobody’s 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:
I’ll give you the book as soon as I finish reading it.
 Describing a plan or an arrangement:
She is leaving at noon tomorrow.
Mr. Smith will be driving into London next week.
 Referring to timetables or schedules:
We start for Sinaia tomorrow. The train leaves at
8.30.
 Saying what you intend to do:
I’m going to finish my work next week.
 Referring to something that is going to happen
very soon:
He is just about to phone at the office.

I. Underline the correct words:

a) We will have moved/will be moving to our new


premises in July.
b) Tomorrow I’ll interview/I’ll be interviewing
candidates all morning.

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c) What time does your train/will your train leave?
d) We can’t send the goods until we’ve received/we
will receive a firm order.
e) We shall be repaying/shall have repaid the bank
loan by November.
f) I was going to write/was writing to them, but I
forgot.
g) When the contract is/will be ready, I’ll let you know.
h) Will we/Shall we break for coffee now?
i) Sorry, I can’t speak now, I’ll just have/I’m just about
to have a meeting.
j) Don’t forget to turn off the lights before you are
leaving/ you leave.

II. Fill in the gaps with the correct form of the verbs
in the brackets to express future:

1) Mr. Roberts is not at the office right now. I


…………… (let) him know you called when he comes back.
2) They ………………….. (start) the meeting. If you
do not come in 10 minutes you’ll probably miss it.
3) Please, don’t call after 12.30, Mrs. Johnson
……………….. (have) an interview then.
4) My plane for London ……………… (leave) at 7.30.
5) Prices ……….. (rise) if the exchange rate changes.
6) They ………………. (take on) temporary new staff
for this project.
7) What …… you ……… (do) this time next Monday?
8) I …….. probably …… (finish) my paper tomorrow.

III. Choose the appropriate way to express future


with the verbs given in brackets:

a) By this time tomorrow I _____ (travel) for ten hours.


b) Where you ______ (go) for your winter holidays?

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c) Mary _______ (cook) dinner by the time her husband
comes back home.
d) By seven o’clock he _____ (get) home for a half an
hour.
e) She said she ______ (not, sing) at the next concert.
f) In a fortnight’s time we _____ (take) our exam.
g) Peter said he ______ (ski) in the mountains at that
time on Sunday.
h) You ______ (listen) to this song this time tomorrow?
i) I _______ (finish) may work when you come back
from New York
j) Boys _____ (be) boys!

IV. Translate the following into English, paying


attention to the verb forms used to express future time:

1) Dacă va întreba cineva de tine îi voi spune să


telefoneze mai târziu,
2) Când vei sosi, ne vei găsi lucrând la raport.
3) Vom aştepta aici până se întoarce Paul.
4) Cerul e întunecat. Ploaia va fi în toi când vom fi gata
de plecare.
5) Te vom aştepta în faţa teatrului când se va termina
piesa.
6) Anul viitor pe vremea aceasta ei vor locui într-un
apartament nou.
7) Profesorul vă va explica din nou lecţia dacă îi veţi
cere acest lucru.
8) Ei au de gând să-şi cumpere o maşină nouă anul
viitor.
9) Când Robert va absolvi facultatea, va fi studiat aici
cinci ani.
10) Peste o lună se vor împlini zece ani de când lucrez
în această fabrică.

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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
naştere
6. to beat beat beaten = a bate a lovi a învinge
7. to become became become = a deveni a ajunge
8. to begin began begun = a începe
9. to bend bent bent =a (se) îndoi
10. to bereave bereft/bereaved bereft /bereaved = a lipsi de, a priva de
11. to beseech besought besought = a cere cu insistenţă 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 constrâns
14. to bite bit bit /bitten = a muşca, înţepa
15. to bleed bled bled =a sângera, a lăsa să curgă, a
stoarce
16. to blow blew blown = a sufla a arde

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17. to break broke broken = a sparge, a rupe,a sfarâma
18. to breed bred bred = a creşte, a educa, a naşte, a regenera
19. to bring brought brought = a aduce, a produce
20. to build built built = a clădi, a construi, a făuri
21. to burn burnt /burned burnt /burned =a arde, a praji, a calcina, a
ataca
22. to burst burst burst = a rupe a izbucni, a exploda.
23. to buy bought bought = a cumpăra
24. to cast cast cast = a arunca, a turna, a (se) mula
25. to catch caught caught = a prinde, a capta, a (se) bloca.
26. to chide chid (chidden) chid = a mustra, a certa a se plânge
27. to choose chose chosen = a alege, a selecta
28. to cleave cleft /clove cleft /cloven = a (se)despica, a scinda, a
separa.
29. to cling clung clung = a se ţine strâns de
30. to come came come = a veni, a ajunge
31. to cost cost cost = a costa
32. to creep crept crept = a (se) târâ, a aluneca.
33. to cut cut cut = a tăia, a secţiona.
34. to dare dared /durst dared /durst = a îndrăzni
35. to deal (with) dealt dealt = a se ocupa (cu) trata, a repartiza
36. to dig dug dug = a săpa, a excava.
37. to do did done = a face
38. to draw drew drawn = a desena, a schiţa, a atrage.
39. to dream dreamt/dreamed dreamt/dreamed =a visa, a-şi închipui.
40. to drink drank drunk = a bea.
41. to drive drove driven = a pune în mişcare, a conduce.
42. to dwell dwelt dwelt = a locui, a rămâne, a insista.
43. to eat ate eaten = a mânca, a coroda.
44. to fall fell fallen = a cădea, a da la rebut
45. to feed fed fed = a alimenta, a hrăni, a aprovizion
46. to feel felt felt = a (se) simţi, a testa
47. to fight fought fought = a combate, a (se) lupta
48. to find found found = a găsi, a descoperi, a explora / constata
49. to flee fled fled = a fugi, a dispărea, a se scurge, a evita
50. to fling flung flung = a lansa, a arunca, a izbucni, a se năpusti
51. to fly flew flown = a zbura, a lansa, a se înălţa, a se intinde
52. to forbid forbade forbidden = a interzice, a opri
53. to forget forgot forgotten = a uita
54. to forgive forgave forgiven = a ierta
55. to forsake forsook forsaken = a părăsi
56. to freeze froze frozen =a îngheţa, a congela a refrigera, a
solidifica
57. to get got got = a obţine, a primi, a deveni, a
ajunge
58. to give gave given = a da, a acorda, a transmite, a aviza, a
preda.

123
59. to go went gone = a merge, a funcţiona, a circula, a rula
60; to grow grew grown = a se mări / dezvolta. a creşte, a deveni
61. to hang hung hung = a suspenda, a atârna, a aşeza receptorul.
62. to have (to have to) had had = a avea, a poseda, a obţine, a trebui să.
63. to hear heard heard = a auzi, a asculta, a audia
64. to hew hewed hewed/hewn = a ciopli, a tăia,
65. to hide hid hidden = a ascunde
66. to hit hit hit = a lovi, a ciocni, a izbi, a da o lovitură
67. to hold held held = a ţine,a reţine, a bloca, a opri, a fixa.
68. to hurt hurt hurt = a răni, lovi, a avaria, a strica
69. to keep kept kept = a ţine, a reţine, a menţine a întreţine
70. to kneel knelt knelt = a îngenunchia
71. to knit knit knit = a înnoda, a împleti, a tricota, a îmbina
72. to know knew known = a cunoaşte, a şti
73. to lay laid laid = a pune, a aşeza, a întinde
74. to lead led led = a conduce, a avansa a comanda,
75. to lean leant/leaned leant/leaned = a înclina, a apleca, a se sprijini
76. to leap leapt/leaped leapt/leaped = a sări, a sălta
77. to leave left left = a părăsi, a pleca, a ceda, a lăsa în urmă
78. to lend lent lent = a împrumuta, a acorda. a împărtăşi
79. to let let let = a lăsa, 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 să spună, a se referi la, a intenţiona.
84. to meet met met = a întâlni, a intersecta, a satisface (cerinţe)
85. to mow mowed mown = a cosi
86. to pay paid paid = a plăti, a achita, a cinsti a onora
87. to put put put = a pune, a aşeza
88. to read read read = a citi, a face lectură
89. to rend rent rent = a sparge, a rupe
90. to rid rid rid = a elibera, a debarasa
91. to ride rode ridden = a călări, a călători
92. to ring rang rung = a suna, a telefona, a încercui
93. to rise rose risen = a (se) ridica/urca, a izvorî, a răsări
94. to run ran run = a alerga, a curge, a rula, a conduce.
95. to saw sawed sawn = a tăia cu ferăstrăul
96. to say said said = a spune, a afirma
97. to see saw seen = a vedea, a înţelege, a consulta.
98. to seek sought sought = a căuta, a cerceta
99. to sell sold sold = a vinde
100. to send sent sent = a trimite, a emite
101. to set set set = a pune, a stabili, a monta, a regia, a ajusta.
102. to sew sewed sewn = a coase
103. to shake shook shaken = a bate, a scutura, a vibra
104. to shear sheared shorn = a tăia, a mărgini, a tivi, a forfeca, a tunde
105. to shed shed shed = a arunca, a difuza, vărsa,

124
106. to shine shone shone = a sclipi, a străluci
107. to shoe shod shod = a potcovi, a încalţa
108. to shoot shot shot = a împuşca, a filma
109. to show showed shown = a arata, a manifesta
110. to shrink shrank shrunk = a se contracta, a se strânge, a intra la apă.
111. to shut shut shut = a include
112. to sing sang sung = a cânta, a fluiera, a şuiera
113. to sink sank sunk = a (se) scufunda
114. to sleep slept slept = a dormi
115. to slide slid slid = a aluneca, a glisa
116. to sling slung slung = a arunca, a lansa
117. to smell smelt smelt = a mirosi
118. to smite smote smitten = a izbi
119. to sow sowed sown = a planta, a semăna
120. to speak spoke spoken = a vorbi, a enunţa
121. to speed sped sped = a accelera, a grăbi
122. to spell spelt spelt = a scrie literă cu literă, a silabisi
123. to spend spent spent = a cheltui, a consuma, a petrece, a
întrebuinţa
124. to spill spilt spilt = a vîrsa, a împrăştia, 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 frânge, a despărţi.
128. to spread spread spread = a întinde, desfăşura, răspândi, acoperi.
129. to spring sprang sprung = a sări, a izvorâ, 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 înţepa, a răni
134. to stink stank stunk = a mirosi urât
135. to strew strewed strewn = a aşterne, a presăra, a împrăştia
136. to stride strode stridden = a păşi cu paşi mari
137. to strike struck struck-stricken = a lovi, a izbi, a atinge.
138. to string strung strung = a înşira, a lega, a întinde, a încorda
139. to strive strove striven = a se strădui, a se lupta
140. to swear swore sworn = a jura
141. to sweep swept swept = a baleia, a explora, a străbate, a mătura
142. to swell swelled swollen = a (se) umfla, a creşte a (se) ridica
143. to swim swam swum = a înota, a pluti
144. to swing swung swung = a oscila/balansa, a pendula/legăna
145. to take took taken = a lua, a capta, a necesita
146. to teach taught taught = a preda, a învaţa 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 gândi, a crede, a socoti.
150. to thrive throve thriven = a prospera, a-i merge bine, a reuşi
151. to throw threw thrown = a arunca, a deplasa a devia,

125
152. to thrust thrust thrust = a împinge, a înfige a apăsa
153. to tread trod trodden = a călca, a rula, a bate (un drum)
154. to understand understood understood = a înţelege, a deduce
155. to wake waked/woke waked/woken = a (se) trezi, a stârni
156. to wear wore worn = a uza (prin frecare), a toci, a purta
157. to weave wove woven = a ţese, a urzi
158. to weep wept wept = a curge/picura, a plânge.
159. to win won won = a tăia, a extrage, a recupera, a câştiga
160. to wind wound wound = a învârti, a răsuci, a bobina
161. to wring wrung wrung = a stoarce, a răsuci, a smulge
162. to write wrote written = a scrie, a înregistra
163. to broadcast broadcast broadcast = a transmite, a difuza
164. to grind ground ground = a măcina
165. to learn learnt learnt = a învăţa (ceva)
166. to light lit lit =a aprinde,a lumina
167. to shed shed shed = a vărsa
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

BIBLIOGRAPHY

1. Allsop, Jake, Test your Phrasal Verbs, Penguin Group,


1990;
2. Bantaş, Andrei, Năstăsescu Violeta, Dicţionar
economic, Editura Niculescu, Bucureşti, 2000;
3. Beizdadea, Coziana Marin a, English for Law, Editura
Lumina Lex, Bucureşti, 2001.
4. Brookes, Michael, Holden, David, Hutchinson, Wesley,
Engleza pentru jurişti, Editura Teora, 2001.
5. Chiţoran, D, Panovf, I, Poenaru, I, Exerciţii de
gramatică engleză, Editura Teora, 1995;
6. Cobb, Timothy, Gardiner, Richard, Today’s English
Grammar, Editura Prietenii Cărţii, Bucureşti, 1994;
7. Emmerson, Paul, Business Grammar Builder,
Macmillan Publishers, Oxford, 2002.

126
8. Gălăţeanu-Fârnoagă, Georgiana, Comişel, Ecaterina,
Gramatica limbii engleze, Editura Omega Pres,
Bucureşti, 1995.
9. Gălăţeanu-Fârnoagă, Georgiana, Sinteze de gramatică
engleză, Editura Albatros, 1987;
10. Iarovici, Edith, Mareş, Liliana, Lecţii de limba engleză
pentru nivel avansat şi mediu, Editura Teora, 1993;
11. Ionescu, Lucian, Toader, Flavia, English for Banking,
Editura Economică, Bucureşti, 1999;
12. Jan Bell, Roger Gower, Matters, Longman, 1999;
13. Lefter, Virgil, Dicţionar de proverbe roman-englez,
Editura Ştiinţifică şi Enciclopedică, Bucureşti, 1978.
14. Marcheteau, M, Berman, J.P., Savio, M., Daube J.P.,
Delbond, O., Demazet, B. Engleza pentru economie –
Business & Economics, Editura Teora, 2000;
15. Mincă, Nicoleta, Ionică, Laura, A Practical Course in
Economics, Editura The Flower Power, Piteşti, 2003.
16. Mincă, Nicoleta, English for Business, Editura
Universităţii din Piteşti, 2004.
17. Oprescu, Simona, Limba engleză pentru studenţii
facultăţilor de drept şi pentru jurişti, Editura Oscar
Print, Bucureşti, 2000.
18. Panovf, Irina, Exerciţii de gramatică engleză, Editura
Lucman, Bucureşti, 2002.
19. Pawlowska, Barbara, Kempinski, Zbigniew, Teste de
limba engleză, Editura Teora, Bucureşti, 2004.
20. Swan Michael, Practical English Usage, Oxford
University Press, 1995;
21. Ştefan, Rodica, Vasilescu, Ruxandra, Macoci, Sanda,
Beldea Elena, Come Along – curs practic de limba
engleză, Editura Fundaţia “România De Mâine”,
Bucureşti, 2000;
22. Ştefan, Rodica, Pricope, Mihaela, Beldea, Elena, Go
Ahead-English Course for Business Studies, Editura
Fundaţiei “Romînia de Mâine”, Bucureşti, 2001.

127
23. Thomson, J.A., Martinet, A.V., A Practical English
Grammar, Oxford University Press, Oxford, 1980;
24. Watchyn-Jones, Peter, Test your English Idioms,
Penguin Group, 1990;
25. * * * Dictionary of Contemporary English, Longman,
1995;
26. * * * The New International Webster’s Comprehensive
Dictionary of The English Language, Trident Press
International, 1996.

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