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Romanian-American University

Faculty of Law
Low-Frequency, 1st year, 2nd semester
Teacher: assistant lecturer-PHD candidate Preda Mariana

Topic 1: Civil Procedure


Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to civil procedure;
- Reviewing tenses in the Indicative Mood.

The Content of the lesson

Civil procedure is the written set of rules that sets out the process that courts will follow when
hearing cases of a civil nature (a "civil action").

The United States federal court system adopted the Federal Rules of Civil Procedure on
September 16, 1938 before which time there were varying rules that governed different types of
civil cases such as cases at law or in equity or in admiralty. Most states have also adopted the
Federal Rules (with various minor modifications) to govern procedures in their state court
systems.

California is the odd exception in that its homegrown civil procedure system is enshrined in
statutory law (the Code of Civil Procedure), not in rules promulgated by the state supreme court
or the state bar association.

"Procedure" is to be distinguished from "substantive law" in that substantive law defines the
rights and duties of everyday conduct. Substantive law includes contract law, tort law, and so on.

Although the majority of suits filed in the United States are settled before trial through
negotiated settlements or arbitration, "civil procedure" strictly defined applies only in formal
courts of law.

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In America, civil procedure usually takes the form of a series of rules and judicial practices. The
federal courts follow the Federal Rules of Civil Procedure; the state courts follow their own state
rules of civil procedure.

In federal courts, evidentiary rules are governed by the Federal Rules of Evidence. The state
courts follow their own state rules of evidence.

Federal Rules of Civil Procedure

I. SCOPE OF RULES--ONE FORM OF ACTION

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS,


AND ORDERS

III. PLEADINGS AND MOTIONS

IV. PARTIES

V. DEPOSITIONS AND DISCOVERY

VI. TRIALS

VII. JUDGMENT

VIII. PROVISIONAL AND FINAL REMEDIES

IX. SPECIAL PROCEEDINGS

X. DISTRICT COURTS AND CLERKS

XI. GENERAL PROVISIONS

XII. APPENDIX OF FORMS

XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS

Vocabulary
Enshrined= cuprins, inclus
Homegrown= nativ, caracteristic unei regiuni
Settlement= achitare
Commencement= inceput

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Exercises

I. Use a dictionary. Find the Romanian equivalent for each term. Find out what do the
unknown terms refer to:

I. SCOPE OF RULES--ONE FORM OF ACTION include: Scope of Rules, One Form of Action
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS,
AND ORDERS include: Commencement of Action, Summons, Service and Filing of Pleadings,
Time
III. PLEADINGS AND MOTIONS include: Pleadings Allowed; Form of Motions, Defenses and
Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the
Pleadings, Counterclaim and Cross-Claim, Third-Party Practice, Amended and Supplemental
Pleadings, Pretrial Conferences; Scheduling; Management
IV. PARTIES include: Parties Plaintiff and Defendant; Capacity, Joinder of Claims and
Remedies, Joinder of Persons Needed for Just Adjudication, Intervention, Substitution of Parties
V. DEPOSITIONS AND DISCOVERY include: General Provisions Governing Discovery; Duty
of Disclosure, Depositions Before Action or Pending Appeal, Persons Before Whom Depositions
May Be Taken, Stipulations Regarding Discovery Procedure, Deposition Upon Oral
Examination, Depositions Upon Written Questions, Use of Depositions in Court Proceedings,
Interrogatories to Parties
VI. TRIALS include: Trial by Jury or by the Court, Assignment of Cases for Trial, Dismissal of
Actions, Taking of Testimony, Proof of Official Record, Subpoena, Selection of Jurors, Special
Verdicts and Interrogatories, Instructions to Jury; Objection, Judgment

II. Complete the table below and fill in the missing translations:

Infinitive Past/Participle Translation


1. abide by ……………… ……………….
2…………….. bound/bound ………………
3. break (the law) ……………… ……………….
4……………… found/found a judeca, a da un verdict
5. hold …………… a hotărî, a decreta
6……………. overrode/……….. ………………….
7…….an action brought/………. …………… against
8. uphold ……………. ……………….
9…….proceedings took/……… ………….... against
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10. set forth …………… a enunţa, a expune

III. Use the words in the list below to complete the following expressions:
A. constructions; B. law; C. rule; D. grounds; E. writ; F. security; G. care; H. issue; I.
Right; J. court.

1. canons of …………………
2. contempt of …………………
3. due process of …………………
4. duty of …………………
5. …………. Of law
6…………….. of tenure
7…………… of appeal
8…………… of certiorari

Grammar

TENSES REWIEW

Exercises

I. Put the verbs in brackets into the correct tense:

On the platform at Vauxhall Bridge Station, Mr. Brown (see) his old friend, Mr. Smith. He
(look) extremely depressed and down at heel.

“Good morning, Smith! You (look) awful. What (be) the matter?”

“Everything! I (lose) my job. My son (leave) home and (stay) with his girlfriend since last June
and my wife (go) back to her mother. I’m through with life and I (come) here to end it all. I
(throw) myself under the very first train that (pass) through.”

“No! You can’t! You mustn’t! Don’t! Surely there must be something worth (live) for in this
life!”

John Thorne (come) back home from work last Monday feeling rather tired and hungry. He (not-
have) lunch at noon because they (have) a lot of work to do in the office. He (work) for Mr.
Langford’s Insurance Company for over ten years and now (look) forward to his retirement. His
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wife (happen) to be in the garden when he (return). She (water) the flowers. But when she
(come) into the sitting room she (shock) at what she (see). Her husband (lie) on the floor
unconscious.

II. Choose the right tense for each verb in brackets:

1. (it-stop) raining yet?


2.Peter (join) the army next year.
3.They (not-succeed) in the previous examination.
4.He (show) the visitors around here.
5.They (be) in hospital for ten days now.
6. (The police officer- ask) you any questions last night?
7.The workers (still-work) in the house. They (not-finish) yet.
8.She (knit) a pullover for you next month.
9.They (not-eat) anything since yesterday morning.
10.My mother (just-go) out to do some shopping. She (be) back in an hour.
11.”What (you-do) in Paris last week?” “We (visit) a paper factory.”
12.”How many copies of the letter (she-make).” “She (not-make) any yet.”
13.”He (write) another novel for the moment.” “How many (he write) so far?”
14.”You (look) very pale.” “Yes, I must go to bed. I (not-feel) very well.”
15.”How many languages (he speak)?” “Six. And now he (learn) Japanese.”

III. Put the verbs in brackets into a suitable tense in the Progressive:

1.She (sleep) all afternoon yesterday.


2.We (have) dinner out tonight.
3.We (move) up to London next week.
4.How long (you-try) to fix it?
5. At the moment, she (think) of taking a long leave.
6.The plane (fly) at over twenty thousand feet when the accident happened.
7.The police (hold) back the crowds while the President’s car (drive) through the town yesterday
morning.
8.Oil (become) very expensive nowadays.
9.He (practise) his profession for 9 years when he decided to become a politician.
10.Your brother (leave) early tomorrow.
11.The greater composer died while he (compose) the Horn Concerto No 6 in E Flat.
12.People here (grow) tobacco for more than twenty years.
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13. I’m sorry I can’t help you tomorrow. I (work) all morning.
14.John’s eyesight (get) worse. He must see an optician.
15. (You-use) your typewriter next weekend?

IV. Put the verbs in brackets into the correct tense:

1.She (know) them since 1962.


2.Your aunt (rest) in her room. Go and tell her we are here.
3.I (telephone) him four times since last Tuesday.
4.Listen! Somebody (knock) at the door.
5.She (try) to learn French this summer.
6.When I (meet) him the other day, he (carry) a large parcel.
7.He (take) a long holiday when he has finished his book.
8.She (finish) cleaning the house, before everyone arrived.
9.How long (he-wear) this shirt?
10.After she (make) that mistake, she was transferred to their subsidiary company in Tokyo.

Tests:

I. Translate into English:

“Deşi în ultima vreme, bătrîna orbise aproape de tot, se uita la cer încercînd să-şi dea seama dacă
e posibil să plouă.
Mamă, stai acasă, a încercat Emilia s-o convingă, dar Ana s-a prefacut că n-a auzit-o.
Taci!
În fiecare miercuri era tîrg la Tîrnăuţeni, unde puteau fi vîndute şi cumpărate cele mai felurite
lucruri. Au putut urca cu uşurinţă pînă la capătul satului, dar acolo se îmbulzeau o mulţime de
oameni; o căruţă fusese răsturnată, iar omul o trăsese în mijlocul drumului ca să nu mai lase pe
nimeni să treacă pînă ce n-o încărca la loc.”

“Am stat lîngă ea 3 zile şi 3 nopţi. Ar fi trebuit să-l aduc pe Bădia s-o vadă, dar Bădia plecase;
nu mai locuia în satul nostru, stătea cu fiii lui, în Bucureşti.
Cum ar fi putut avea grijă de ea dacă n-o vedea şi ce altceva mai putea face pentru ea? Ar fi
trebuit să-l aduc s-o vadă şi să-i spun:
Uite, Bădie, uite ce i-ai făcut …
Si apoi l-aş fi lăsat să se întoarcă la Bucureşti.
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Dacă i-aş fi spus ei, ea n-ar fi vrut asta. Si nici nu ştiu dacă ar fi venit pentru că nu ştiu care din ei
doi se simţea mai trădat în dorinţele şi speranţele lor; mă tem că Bădia era mai supărat pe Adela,
decît Adela pe el.”

II. Fill in the blanks using the words below:


A. Restatements; B. advisory opinion; C. opinions of/for the court; D. concurring opinion;
E. dissenting opinion; F. justices; G. binding; H. case law.
In the USA the (1) ………… of the Supreme Court deliver rulings also called (2) …………
They are the opinions of the majority of the court (or majority opinions). The Court may also
render a minority opinion in the decision of a law case, in which some justices disagree with the
majority opinion and explain why. This ruling is called a (3)……….
Some Justices may agree with the majority opinion on the legal decision taken, yet they might
want to express diverging points of view on minor issues. This ruling is called a (4) …………
Some State Supreme Courts in the US may deliver (5) ……….. on a point of law, a statute, a
treaty etc. These opinions are merely persuasive, they are not (6) ………..
Practitioners of the law, judges and law teachers have been working (within a private
organisation called the American Law Institute) on a systematic compilation of (7) ………….. in
such areas as the Law of Contracts, Torts, Property etc. The name of this compilation is (8)
…………..
III. Fill in the blanks with one of the following words:
(heritage, inheritance, legacy, will)
1. The family were called to the solicitor’s office for the reading of the ………
2. The old man’s back trouble was a ………. of a childhood fall.
3. The Acropolis is part of Greece’s national ……….
4. His ……….. will be held in trust until he is an adult.

VI. Fill in the blanks with the correct preposition:


1. He is out of jail …….. bail until the trail begins.
2. His sales methods are …….. odds with company policy.
3. You shouldn’t take such a valuable employee ……… granted.
4. You will receive the listed items ………. demand in a week’s time.
5. He went to the meeting ………. disguise so as not to be recognised.
6. Torturing people is an offence ………. humanity.

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Topic 2: Criminal Procedure
Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to criminal procedure;
- Practising Conditionals (zero, first, second and third type conditionals).

The Content of the lesson


Criminal procedure is composed of the rules governing the series of proceedings through which
the substantive criminal law is enforced. In the United States, most crimes are defined by local
and state government, though the federal government has adopted its own criminal code, at Title
18, to deal with activities extending beyond state boundaries or having special impact on federal
operations.

Criminal procedure must balance the defendant's rights and the state's interests in a speedy and
efficient trial with the desire for justice. Therefore, the rules of criminal procedure are designed
to ensure that a defendant's rights are protected.

The rules of criminal procedure are different from those of civil procedure, because the two
areas (criminal and civil) have different objectives and results. In criminal cases, the state brings
the suit and must show guilt beyond a reasonable doubt, while in civil cases the plaintiff brings
the suit and must only show the defendant is liable by a preponderance of the evidence.

With many petty crimes, you may simply call the court to find out how much the fine is and then
you can plead guilty and send in payment for the fine. If you wish to plead not guilty and have a
hearing on the matter, you must show up at the assigned hearing. You may have an attorney
present with you at the hearing or defend yourself. Usually the "trial" of the matter is heard at
this first hearing and the sentence rendered after the submission of the evidence.

Misdemeanors and felony criminal proceedings are more complex. As with a petty crime
proceeding, you may have an attorney appear with you throughout the proceeding, or waive your
right to counsel and represent yourself. For most felony proceedings, the following steps
typically occur:

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A crime is committed, it is reported, an investigation conducted and an arrest made (these may
all occur in rapid sequence if the offense is committed in the presence of a law enforcement
officer).

Arrest - The criminal justice process typically begins when a police officer places a person
under arrest. An "arrest" occurs when a person has been taken into police custody and is no
longer free to leave or move about. The use of physical restraint or handcuffs is not necessary.
An arrest can be complete when a police officer simply tells a crime suspect that he or she is
"under arrest", and the suspect submits without the officer's use of any physical force. The key to
an arrest is the exercise of police authority over a person, and that person's voluntary or
involuntary submission.

Booking - an administrative procedure which records the defendant's name, the crime charged,
and other relevant information about the defendant (telephone number and address, photograph,
fingerprints, etc.)

After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed."
During booking, a police officer typically:

• Takes the criminal suspect's personal information (i.e., name, date of birth, physical
characteristics);
• Records information about the suspect's alleged crime;
• Performs a record search of the suspect's criminal background;
• Fingerprints, photographs, and searches the suspect;
• Confiscates any personal property carried by the suspect (i.e., keys, purse), to be returned upon
the suspect's release; and
• Places the suspect in a police station holding cell or local jail.
(Note: persons arrested for minor offenses may merely be given a written citation and released,
after signing the citation and promising to appear in court at a later date.)

For criminal suspects who are placed in jail, the first priority is usually getting out. Except when
very serious crimes are charged, a suspect usually can obtain pre-trial release through bail or
"own recognizance" release.

Arraignment - when the defendant appears in court and enters a plea (guilty or not guilty). The
defendant is presented with a written accusation dealing the facts of the crime and his/her
involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor
or a police officer. If the defendant enters a not guilty plea, a date for trial is set. After the arrest,
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booking, and initial bail phases of the criminal process, the first stage of courtroom-based
proceedings takes place -- arraignment. During a typical arraignment, a person charged with a
crime is called before a criminal court judge, who:

• Reads the criminal charge(s) against the person (now called the "defendant");
• Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed
attorney;
• Asks the defendant how he or she answers, or "pleads to", the criminal charges -- "guilty," "not
guilty," or "no contest";
• Announces dates of future proceedings in the case, such as the preliminary hearing, pre-trial
motions, and trial.

Also at the preliminary hearing, the prosecutor will give the defendant and his or her attorney
copies of police reports and any other documents relevant to the case.

Bail or Detention - bail is either set or the defendant is required to be "detained" (kept in jail
until the trial).

Plea Bargains -The vast majority of criminal cases are resolved through a "plea bargain",
usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty,
usually to a lesser charge than one for which the defendant could stand trial, in exchange for a
more lenient sentence, and/or so that certain related charges are dismissed.

Preliminary Hearing - A hearing in which a judge determines whether the defendant should be
held for trial. At the "prelim," the prosecution has the burden of providing sufficient evidence to
the judge that a crime has occurred and that the defendant committed the crime. The prosecutor
may call witnesses to testify, and can introduce physical evidence in an effort to convince the
judge that the case should go to trial. The defense usually cross-examines the government's
witnesses and calls into question any other evidence presented against the defendant, seeking to
convince the judge that the prosecutor's case is not strong enough, so that the case against the
defendant must be dismissed before trial.

Pre-Trial Motions. After the preliminary hearing and before a criminal case goes to trial, the
prosecutor and the defense team usually appear before a criminal court judge and make pre-trial
motions -- arguments that certain evidence should be kept out of the trial, that certain persons
must or cannot testify, or that the case should be dismissed altogether.

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Trial - opening statements, examination of witnesses and presentation of evidence, closing
statements, charging the jury (giving the jury its instructions), verdict rendered by the jury after
due deliberation, and entering of the verdict (either guilty, guilty of a lesser included or related
offense, or not guilty). After a verdict is issued, the defendant may try a post trial motion, such as
a motion for a new trial.

In a criminal trial, a jury examines the evidence to decide whether, "beyond a reasonable doubt,"
the defendant committed the crime in question. A trial is the government's opportunity to argue
its case, in the hope of obtaining a "guilty" verdict and a conviction of the defendant. A trial also
represents the defense's chance to refute the government's evidence, and to offer its own in some
cases. After both sides have presented their arguments, the jury considers as a group whether to
find the defendant guilty or not guilty of the crime(s) charged. A complete criminal trial typically
consists of six main phases, each of which is described in more detail below:

• Choosing a Jury
• Opening Statements
• Witness Testimony and Cross-Examination
• Closing Arguments
• Jury Instruction
• Jury Deliberation and Verdict

Sentencing - when a defendant has been found guilty by trial or has plead guilty, a hearing is set
to determine the imposition of the sentence. Sentencing reports, which set forth mitigating and
compounding factors (prior payment of restitution may be a mitigating factor, other convictions
of crimes may be a compounding factor) are often submitted to the judge and then the judge
pronounces judgment at a sentencing hearing (in some jurisdictions juries or sentencing councils
render the sentence).

Fine, Probation, Jail - the defendant may be ordered to pay a fine, be released but subject to
specific terms of probation, or sent directly to jail. If a person violates the terms of his/her
probation, s/he may have his/her probation revoked, and be sent to jail.

Appeal - after conviction of a crime, the defendant has appellate proceeding which may be
available to determine whether all substantive and procedural law issues were properly
conducted at the trial.

Note: Federal Rules of Criminal Procedure (Summary)


I. APPLICABILITY
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II. PRELIMINARY PROCEEDINGS
III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
V. VENUE
VI. TRIAL
VII. POST-CONVICTION PROCEDURES
VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS
IX. GENERAL PROVISIONS.

Vocabulary

Petty= minor, nu foarte grav


Hearing= audiere
Evidence= probă, dovadă
Misdemeanors= abatere, contravenţie
Felony=infracţiune
To waive= a renunţa, a ceda
Handcuffs= cătuşe
Booking= înregistrare
Fingerprints= amprente
Searches= cercetare
Cell= celulă
Jail= închisoare
Bail= cauţiune
Release= eliberare, izbăvire
Arraignment= rezolvare, soluţionare prin ajungere la un acord
Plea bargain= pledoarie de negociere
Lenient= îngăduitor
Probation= eliberare provizorie

Exercises

I. Answer the following questions:

1.What is the standard criminal procedure for petty crimes?

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2.Is the use of physical restraint necessary whwn an arrest is made?
3.What is “Miranda Rule”? Have you ever heard about it?
4.What are the steps in an arraignment?
5.When does the judge determine if the defendant shoul be held for trial?
6.What is the role of the jury in a criminal trial?

II. Match the words and phrases to make common word combinations:

1)to be alleged A. a law


2)to break B. on the run
3)to be arrested C. a crime or an offence
4)to be convicted D. of theft
5)to commit E. for questioning
6)to go/be F. a violent suspect
7)to have G. for stealing a diamond ring
8)to restrain H. to have killed someone
9)to serve I. a criminal record
10)to be sought J. a sentence

III. Complete the sentences using the word associations from the exercise above:

1.She ……… 3 times for the last 2 years and because she …….. on one is willing to give her
job.
2.You must realise that you ……… when you park on the pavement.
3.He is ……… in cold blood and then …….. ever since.
4.The police …….. and he will remain in custody until his behaviour improves.
5;.The man who …….. at the local headquarters is suspected if receiving stolen goods.
6.He ……… when he was 19 and he ……… in a high security prison.
7.She ……… although she claims she got it as a gift.

Grammar:
CONDITIONALS
English tenses can be divided into two categories

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= tenses used to refer to fact (real possible)
= tenses used to refer to non-fact (something wished for)
Facts: I work in a restaurant, but I don’t earn much. If I find a better job, I’ll take it.
If I work late, I get tired.
in the past: We went home early if it was foggy.

Non-facts: If I knew the answer, I’d tell you.


If I had a car, I could visit my friends.
in the past: If I had known you were coming, I would have met you at the station.

THE FIRST CONDITIONAL

Form:
IF + PRESENT SIMPLE / WILL + VB
If you leave before ten, you’ll catch the train easily.

Use:
based on fact in real time
a possible condition and its probable result
may have different functions:
a threat (If you do that again, I’ll kill you)
a warning (Careful! If you touch that, you’ll burn yourself!)
an offer ( I’ll post the letter if you like)

Notes:
a future condition tense is never used in the condition
alternative forms: “if” can be replaced by “unless” for “if not” or “in case” for “if by any
chance”.
Unless I hear from you, I’ll come at eight.
I’ll take my umbrella, in case it’s rain.
“will” can be replaced by another modal verb in the result clause.
If you find my money, I can buy an icecream.
you should give it back to me.
you must tell me immediately
I might buy you a coat.
“will” can be replaced by an imperative.

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If you like good food, eat at Brown’s!
“will” can be replaced by another future form.
If it doesn’t rain, I’m going to play tennis.
Present Simple can be replaced by Present Perfect in the conditional clause.
If you have finished this exercise, you can do the next one.

THE SECOND CONDITIONAL

Form:
IF + PAST SIMPLE / WOULD + VB

Use:
a situation contrary to reality in the present and future.
a hypothetical condition and its probable result.
the condition is hypothetical because the speaker knows that what he/she is saying is improbable,
impossible, contrary to known facts.
If I were a bird, I’d fly to you
the condition can be possible in theory, but improbable in practice.
If I were the President, I’d abolish the tax.
the condition can be an impossible speculation.
If I could travel in time, I’d go back to the Roman period.
the second conditional can express advice.
If I were you, I’d have a rest.
the second conditional can make a suggestion sound less direct and more polite.
Would it be convenient if I called you around eight this evening?

Notes:
after “if”, “was” sometimes changes to “were”
If I were you …….
alternative forms: “if not” can be replaced by “unless”
I wouldn’t do it, unless I loved you.
“would” can be replaced by another modal verb in the result clause.
If I stopped smoking, I could run faster.
I might have more money.

• Sometimes the difference between the two conditionals depends on how the speaker sees the
condition in a given situation.
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If I lose my job, I’ll find another one.
(my company is doing badly)
If I lost my job, I’d find another one.
(my job is secure)

THE THIRD CONDITIONAL

Form:
IF + PAST PERFECT / WOULD + HAVE + VB-ed/III form

Use:
Expresses a situation contrary to reality in the past
If she had not married, she would have probably become an actress.

Notes:
Type 2 and 3 mixed
If we had brought a map with us, we would know were we are.
I would come to the party if I hadn’t arranged to go to the theatre.

THE ZERO CONDITIONAL

Form:
IF + PRESENT / PRESENT SIMPLE

Use:
Express conditions that are always true with automatic or habitual results.
If you heat ice, it melts.

Notes:
If means “when” or “whenever”.
Flowers die when you don’t water them.

General notes for conditionals:


• Instead of using a conditional clause containing the word “be” you can sometimes use a
phrase consisting of “if” followed by an adjective or a prepositional phrase.
We’ll sell the car, if necessary.
• If you want to say that one situation is necessary for another, you can use “provided” or
“providing”, often followed by “that”, “as long as”, “only if”.
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Lady S was prepared to come, provided that she might bring her daughter.
• If you want to say that one situation is necessary for another, you can also use a
conditional clause consisting of “if” followed by subject + Be + long infinitive. In the main
clause it’s necessary to use “must”.
If you are to escape, you must leave me and go on alone.
• I f you want to say that one situation wouldn’t affect another, you can use “even if”.
• “Happen to” makes possibility of an event seem unlikely.
If you happen to see Helen ….
Or emphasises chance possibilities.
If you should happen to be passing, drop in for a cup of tea.
• “But for”
But for your help, we would have been in trouble.

Tests:
I. Complete the text using the words given below:
Enforcement, out, enforced, public, image, force, easy, warden, recall, uniform, probation,
to observe, embodies.

Law must be (1) ……….. if civilized man is to survive. Society cannot depend on simple
persuasion to induce law observance, and therefore it must require (2) ……….. The term (3)
………… implies the potential use of (4) …………. and this potential, then, is a part of the
police role. But the manner in which this potential is viewed by the public (5) ……….. often
determines if police (6) ……… is good or bad. Because good police image tends to affect
favorably an individual’s willingness (7) …….. the law voluntarily, police retain a rightful
interest in a good image. The law enforcement officer (8) …….. the law so visibly and directly
that neither the policeman find it (9) ……… to differentiate between the law and its
enforcement. Relatively few citizens (10) ………. ever having seen a judge, fewer still, a
prosecutor, sheriff (11) ……… officer or prison (12) …….. The patrolman is familiar to all this
(13) ………….. picks him (14) …….. from the crowd so distinctly that he becomes a living
symbol of the law.

II. Rewrite each sentence, beginning as shown, so that the meaning stays the
same:
a) Working so much will make you tired.

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If ………………………………………
b) I regret drinking so much last night!
If only ………………………………..
c) What would you do if there was an earthquake?
Supposing ……………………………………..
d) If you do the shopping, I’ll cook the lunch.
You ……………………………………….
e) What would you do if you found some buried treasure?
If you were …………………………………….
f) If Pauline hadn’t been interested, the project would have been abandoned.
But for …………………………………………..
g) If by any chance you find my wallet, could you let me know?
If you happen ……………………………………
h) I might be late. If so , start without me.
If I ………………………………………
i) The fire was brought under control thanks to the night-watchman.
If it hadn’t ………………………………………
j) Dick is in prison because a detective recognised him.
If a detective …………………………………

III. Translate into Romanian:


Mistrials are trials that are not successfully completed. They are terminated and declared void
before the jury returns a verdict or the judge renders his or her decision in a nonjury trial.
Mistrials can occur for many reasons:
- death of a juror or attorney
- an impropriety in the drawing of the jury discovered during the trial
- a fundamental error prejudicial to the defendant that cannot be cured by appropriate
instructions to the jury

- juror misconduct
- the jury’s inability to reach a verdict.

IV. Choose the best alternative:


1. Did you notice the “for sale/on sale” sign on the house next door?
2. He was arrested at the airport for being” in possession of/in the possession of” a gun.
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3. The manager received a letter, warning him not to “meddle with/meddle in” the trade union
business.
4. This letter is to “advise you of/ advise you on” the fact that your overdraft currently stands at $
3.400.
5. Some people believe that the end of the world is “at hand/in hand”.

Topic 3: Steps In A Trial


Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to a trial;
- Practising Conditionals (zero, first, second and third type conditionals).

1. Selection of a Jury

Jurors are selected for a courtroom from the pool of available jurors. The judge and
attorneys question the jurors in a process called voir dire (vwar deer) "to speak the
truth." to determine if any juror has a personal interest in the case, a prejudice or bias
that may wrongly influence him/her as a juror. The attorneys may challenge some jurors
and ask the Court to excuse them from the trial. There are two types of challenges;
challenge for cause and peremptory challenge. Although peremptory challenges are
limited in number, each side has an unlimited number of challenges for cause.

2. Opening Statements

Each side may outline the proof to be presented to the jury during the trial. Opening
statements are not evidence, only expectations of what each side expects the evidence
to prove.

3. Presentation of Evidence and Testimony of Witnesses

The plaintiffs or prosecution's case is presented first. As each witness testifies, the side
that called the witness asks questions in direct examination. Then the side that did not

19
call the witness has an opportunity to ask questions in cross examination. Physical
evidence, such as documents, weapons or photographs are admitted into evidence and
numbered for identification.

During the trial, if one attorney objects to a question, he presents his objection to the
judge. These are questions of legal technicality and may be argued out of your hearing.
Do not be concerned. The judge will advise the jury of any information you need to make
your decision, or instruct you to disregard what should not be considered. A ruling by the
judge to sustain or overrule an objection does not mean that the judge is taking sides.
He is applying the law which permits or does not permit the question to be asked or the
answer to the question.

When each side has presented all their evidence, they "rest" their case.

4. Closing Arguments

The attorneys summarize the evidence and try to persuade the jury to find in favor of
their client. The plaintiff has the burden of proof and therefore has the opportunity to
open and close the arguments.

5. Presentation of Jury Instructions (Charging the Jury)

The judge reads the instructions of law to the jury, defines the issues the jurors must
decide and informs them of the law that governs the case. Jurors may not decide cases
based on the laws as they would like them to be but must reach a verdict on the laws as
they are. This is your sworn duty.

6. Deliberation

The jury retires to the deliberation room to consider the case and reach a verdict. The
jury first elects a foreperson who will see that discussions are conducted in a sensible and
orderly fashion, that all issues are fully and fairly discussed, and that every juror is given
a fair chance to participate. If the jurors have a question during their deliberation, they
may write it down and have the bailiff deliver it to the judge.

When a verdict has been reached, the jurors agreeing to the verdict sign the form and
notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors.

Exercises:

20
BEFORE YOU READ

I. Discuss the following questions

1) Have you attended a trial?

2) List as many reasons as you can find out for taking legal action.

3) The judge controls the entire litigation. His actions and statements are often
persuasive
in the decision-making process of the jury. Do you agree?

AFTER READING

II. Read the text and mark the statements T (TRUE) or F (FALSE)

1) The attorney is not allowed to ask the Court to excuse the jurors from the trial.

2) Physical evidence is made up of documents, weapons, photographs.

3) There are three types of challenges: challenge for cause, peremtory challenge and
limited challenge.

4) The judge instructs the jury to enforce the law.

5) If the jurors have a question during the deliberation they come out to ask the judge's
opinion.

6) The jurors are dismissed after reading the verdict.

7) The witnesses are cross- examined twice.

III. Give synonyms for the following words and expressions:

plaintiff, attorney, argument, sworn duty, issue , disregard , overrule , to rest the case.

IV. Find words in the text that have the following meanings:

1) părtinire
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2) schiţare (prezentare pe scurt)

3) interogatoriu

4) deliberările sunt purtate

5) să analizeze cazul

6) în mod ordonat, cinstit.

Grammar

Conditionals II

Exercises:

I. Complete each sentence with a suitable word or phrase:


a) If I had fallen, I …………… broken my leg.
b) If it hadn’t ………., we ………… gone out for a walk.
c) I ………….., if Harry didn’t win the competition.
d) If you ……….. see Mary, give her my love!
e) I wouldn’t accept the job, even ………….. to me.
f) If you really wanted to come, you …………… a few hours ago.
g) ………….. the phone bill today, the phone will be cut.
h) If I …………. Your tools, I wouldn’t have been able to fix the car.
i) If you’d told me you were coming, I ………….something to eat.
j) If Sue had known her sister wasn’t coming, she ………… to such trouble.

II. Rewrite each sentence so that it contains the word in capital:


a) Don’t take this job if you don’t really want it. (UNLESS)
b) I wasn’t tall enough to reach the shelf. (TALLER)
c) I won’t sell the painting, not even for $ 1000. (IF)
d) If the ship sank what would you do? (WERE)
e) If you should notice what’s on at the cinema, let me know. (HAPPEN)
f) If you hadn’t encouraged me, I would have given up. (BUT FOR)
g) Although it is a good car, it is too expensive. (IF)
h) If you insist on smoking so much, of course you feel ill. (WILL)

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i) I don’t have any scissors so I can’t lend you any. (IF)
j) But for Helen, the play would be a flop. (WERE)

III. Rewrite each sentence, beginning as shown, so that the meaning stays the
same:
a) It’s a pity your parents can’t be here too.
If only ………………………………
b) If Jane hadn’t refused to work overtime, she would have got promotion.
If it hadn’t …………………………………
c) If you left out that chapter, you can’t really say you read the whole book.
Unless ……………………………………..
d) If you want my advice, I’d think twice about buying a car like that.
If I ………………………………………..
e) It won’t make any difference if they score first, United will still win.
United still win ……………………………
f) If the painting is finished by Saturday, we’ll pay you extra.
Finish ……………………………………..
g) Provided your voice is audible, the audience will get the point of this scene.
As long as the audience ………………………………………
h) If you refuse to stop eating sweats, you can’t expect to lose weight easily.
If you won’t ………………………………………
i) Without your help, I wouldn’t have found the house.
If you ………………………………………
j) Getting up early makes me feel hungry.
If ………………………………………

Tests:

I. Translate into English:


1. Ar arăta mai tînără, dacă n-ar purta ochelarii aceia cu rame atît de groase.
2. Te-ar ajuta mai mult, dacă ai chema-o mai des pe la tine.
3. N-ar cere şi luna de pe cer, dacă nu i-ai tot ce pofteşte.
4. Pasărea ar fi ingheţat cu siguranţă, dacă iarna ar fi fost mai aspră.
5. Si unde s-ar fi putut duce, dacă ar fi fost liber.

23
6. Dacă nu va înceta să plouă, nu vom putea să mergem la tenis.
7. Dacă va veni şi el la timp măcar o dată în viaţa lui, vom prinde trenul de ora 13.00.
8. Gheaţa se topeşte, dacă arunci sare pe ea.
9. Vino cînd doreşti şi dacă ai timp. Nu te-aş obliga pentru nimic în lume.
10. Nu s-ar fi dus la acel hotel dacă ar fi ştiut ce preţuri sînt acolo.

II. Translate into English

Despre probe

În desfăşurarea unui proces, indiferent dacă este civil ori penal, elementul cel
mai important îl constituie probele, adica dovezile cu care fiecare parte isi sustine
punctul de vedere. In cadrul acestora, reclamantul trebuie sa faca dovada celor
aratate de el in actiune, iar paratul trebuie sa combata cele afirmate in actiune.

Principalele probe care se pot administra in fata instantelor de judecata sunt actele,
expertizele, interogatoriul, de cercetarea la fata locului si, mai ales, declaratiile
martorilor.

Calitatea de martor o poate avea fiecare dintre noi; la orice eveniment, intamplare,
incident, situatie, aproape intotdeauna exista si o persoana care asista; atestarea
prin propria marturie a realitatii desfasurarii faptelor este o indatorire cetateneasca
elementara a fiecarui om. Nu poti ramane indiferent atunci cand vezi cum s-au
petrecut unele fapte si stii ca stabilirea adevarului depinde de declaratia ta.

O data citat in fata organelor de urmarire penala sau a instantelor de judecata,


martorul este obligat sa se prezinte, in caz contrar el putand fi amendat. Ascultarea
martorului
se face prin identificarea lui, care se si consemneaza in partea de inceput a
declaratiei, in ce priveste numele, ocupatia, domiciliul, daca este ruda ori in
dusmanie cu vreuna din
parti. Inaintea ascultarii sale, martorul depune juramant, iar in cazul in care nu
spune adevarul el comite infractiunea de marturie mincinoasa.

Nu pot fi ascultati ca martori in cauzele civile rudele (exceptie - procesele de divort)


pana la gradul III, sotul, chiar despartit, ca si cei cindamnati pentru marturie
mincinoasa. Copiii sub 14 ani, persoanele debile mintal pot fi ascultate, dar instanta
trebuie sa tina seama de situatia lor speciala.

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III. Choose the best option in the sentences below:
1. I am sure you have learnt his occupation by now and know that he is …. teacher.
a.one b. the c. a d. an
2. If you want to go to the Village Museum you must get …… at the next stop.
a.out b. over c. off d. away
3. She never ………… something like that before that tragic accident.
a.had been doing b. had done c. did d. should do
4. When the time …………… she will reveal him the secrets.
a.came b. will come c. would come d.
comes
5. The manager …………… hard all day.That’s why he has fallen asleep.
a.has worked b. has been working c. had worked d. had been
working
6. As he …………… back from the institute someone tapped him on the shoulder.
a. was coming b. would come c. came d. had come
7. By the end of the week the travellers …………… their destination.
a.would reach b. will reach c. will have reached d. reach
8. This time yesterday my parents ……………… their 20th anniversary.
a.would celebrate b. celebrated c. will be celebratin d. were
celebrating
9. She confessed that she never……….. that man before.
a.had met b. has met c. met d. will have met
10. He already …………….. that problem by the time his friends arrive.
a. solved b. will have solved c. had solved d. will solve
11. The plane will take …… as soon as all passengers are in.
a. away b. on c. out d. off
12. ……….. you need money don’t hesitate to ask me.
a. whatever b. whichever c. whenever d. whoever
13. I am hiding the bottles because my mother-in-law …….. tomorrow and she doesn’t
approve of drink.
a. is coming b. comes c. will come d. will be coming
14. Tonight they ………….. a very modern comedy.
a. will watch b. are watching c. will be watching d. watch
15. What you ………… between 9.00 and 10.00 yesterday?
25
a. have you done b. did you do c. were you doing d. have you been
doing
16. When I first …………….. to this house ,it was a very quiet area.
a. was coming b. came c. has come d. am coming
17. I bought a new house last year, but I……… my old house yet, so at the moment I
have two houses.
a. didn’t sell b. haven’t sold c. hadn’t sold d. wasn’t selling
18. I have waited for the prices of the houses to come down before buying a house, but I
think I………… too long and the prices are biginning to go up again.
a. am waiting b. have been waiting c. wait d. was waiting
19. He kept looking at her, wondering where he ………… her before.
a. has seen b. saw c. had seen d. will have seen
20. Now it seemed that fate …….. the matter out of her hands; and certainly the
insurance money would come in handy.
a. took b. has taken c. was taking d. had taken
21. It is true that I have’t visited her …….. she moved to Bucharest.
a. sinse b. since c. from d. for
22. How much time are you willing to put ……. for this project?
a. over b. on c. away d. in
23. Just as Ann ……………. at the airfield a plane landed and a girl climbed out.
a. arrived b. was arriving c. has arrived d. has been arriving
24. This is a story about an invalid who ………… most of the day in bed.
a. is spending b. spends c. has spent d. was
spending
25. My daughter never writes to me, so I never know what she …………. .
a. does b. is doing c. has done d. has been doing
26. She ………….. for three hours.It’s time she woke up.
a. has slept b. had sleept c. has been sleeping d. had been
sleeping
27. I shall tell him the entire story when I …………… him.
a. will see b. shall see c. see d. sees
28. As soon as my friend’s plane …………. I will give you a call.
a. will land b. has landed c. shall land d. lands
29. By this time last week I already ……….. for the exam.

26
a.had studied b. studied c. had been studying d. have
studied
30. While she ………. in Europe we shall be preparing for graduation.
a. has been travelling b. will be travelling c. is travelling d. travels

Topic 4: Legal Professions; the Roles in a Trial Session


Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to legal professions;
- Practising the article functions.
-

The content of the lesson


Officers of the Court
The judge presides in the courtroom. If a case is tried before a jury, the judge rules on points of
law and gives instructions to the jury, informing the jury about the law that governs the case.
(The jury determines the facts based on the evidence presented.) If there is no jury, the judge
determines the facts and decides the verdict - e.g., finding of guilty or not guilty in a criminal
case, or a finding for or against the plaintiff in a civil trial.

The court clerk or bailiff usually administers the oath to prospective jurors and to witnesses.
The clerk is also in charge of physical exhibits introduced into evidence and is responsible for
other administrative aspects of a trial. The bailiff keeps order in the courtroom, calls the
witnesses and is in charge of the jury, as directed by the judge. It is the bailiff's duty to be
certain no one attempts to influence the jury.

The lawyers for both sides are also officers of the court. Their job is to represent their clients,
within the formal rules of the Code of Professional Conduct.

The Jury Pool


The trial jury in either a civil or criminal case is chosen from a list called a venire or jury pool
that has been compiled by the court.

Selecting the Jury


Juries of six to twelve persons are selected from the jury pool. The size of jury varies from state
to state and depends to some extent on the type of case at trial.

27
• In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions
is becoming six, which can be increased by stipulation of both parties.
• In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal
cases twelve jurors are generally required.
• The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases
particularly, states often provide for verdicts based on the agreement of three-fourths or five-
sixths of the jurors.

When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court
clerk. Those not selected are excused. Once impaneled, the jurors’ role is to listen to the
evidence conscientiously and not draw premature conclusions. They are instructed by the judge
not to discuss the case with outsiders or each other (until deliberations).

The Attorneys
The purpose of opening statements by each side is to tell jurors something about the case they
will be hearing.

The trial begins with the opening statement of the party with the burden of proof. This is the
party that brought the case to court--the government in a criminal prosecution or the plaintiff in
a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or
her opening statement.

Direct Examination
Lawyers for the plaintiff or the government begin the presentation of evidence by calling
witnesses. The questions they ask of the witnesses are direct examination.

Objections may be made by the opposing counsel for many reasons under the rules of evidence,
such as to leading questions, questions that call for an opinion or conclusion by a witness, or
questions that require an answer.

Most courts require a specific legal reason be given for an objection. Usually, the judge will
immediately either sustain or overrule the objection. If the objection is sustained, the lawyer
must re-phrase the question in a proper form or ask another question. If the objection is
overruled and the witness answers the question, the lawyer who raised the objection may appeal
the judge's ruling after the trial is over.

The Witnesses
When the lawyer for the plaintiff or the government has finished questioning a witness, the
lawyer for the defendant may then cross-examine the witness. Cross-examination is generally

28
limited to questioning only on matters that were raised during direct examination. The purpose
of cross-examination is to test the credibility of statements made during direct examination.

Impeach in this sense means to question or reduce the credibility of the witness or evidence. The
attorney might do this by trying to show prejudice or bias in the witness, such as his or her
relationship or friendship with one of the parties, or his or her interest in the outcome of the
case.

The defense lawyer may choose not to present evidence, in the belief that the plaintiff or
government did not prove its case. Usually, however, the defense will offer evidence.

In a criminal case, the witnesses presented by the defense may or may not include the defendant.
Because the Fifth Amendment to the U.S. Constitution protects against self-incrimination, the
prosecution cannot require the defendant to take the stand and explain what happened, nor can it
comment or speculate on the reasons the defendant has chosen not to testify. The jury will be
instructed not to take into account the fact that the defendant did not testify.

The lawyers’ closing arguments or summations discuss the evidence and properly drawn
inferences. The lawyers cannot talk about issues outside the case or about evidence that was not
presented.

The Judge
The judge instructs the jury about the relevant laws that should guide its deliberations. In giving
the instructions, the judge will state the issues in the case and define any terms or words that
may not be familiar to the jurors. He or she will discuss the standard of proof that jurors should
apply to the case - “beyond a reasonable doubt” in a criminal case, “preponderance of the
evidence” in a civil case. The judge may read sections of applicable laws.

The Jury Man


After receiving the instructions and hearing the final arguments, the jury retires to the jury room
to begin deliberating. In most states the first order of business is to elect one of the jurors as the
foreperson or presiding juror. This person’s role is to preside over discussions and votes of
the jurors, and often to deliver the verdict.

In most instances, the verdict in a criminal case must be unanimous. In some states a less than
unanimous decision is permitted in civil cases. All federal cases require a unanimous decision.

If the jury cannot come to a decision by the end of the day, the jurors may be sequestered, or
housed in a hotel and secluded from all contact with other people, newspapers and news reports.
In most cases, though, the jury will be allowed to go home at night. The judge will instruct

29
jurors not to read or view reports of the case in the news. Nor should they consider or discuss
the case while outside of the jury room.

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not
decided, and it may be tried again at a later date before a new jury. Or the plaintiff or
government may decide not to pursue the case further and there will be no subsequent trial.

The decision of the jury doesn’t take effect until the judge enters a judgment on the decision -
that is, an order that it be filed in public records.

In a civil suit, the judge may have the authority to increase or decrease the amount of damages
awarded by the jury, or to make some other modifications before entering judgment. In criminal
cases, the judge generally has no authority to modify the verdict. In most jurisdictions, he or she
must accept it or reject it (e.g., by granting a motion in arrest of judgment).

If the defendant doesn’t pay the damages awarded to the plaintiff in a civil case, the plaintiff
may ask for an execution of the judgment. The clerk of the court in such a case will deliver the
execution to the sheriff, commanding him to take and sell the property of the defendant and
apply that money to the amount of the judgment.

If the defendant is convicted in a criminal case, the judge will set a date for sentencing. Before
that time, a pre-sentence investigation will take place to help the judge determine the
appropriate sentence from the range of possible sentences set out in the statutes. The pre-
sentence investigation may consider the defendant's prior criminal record, family situation,
health, work record, and any other relevant factor.

Appeals
In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant
has a right to an appeal in most states. (Some states give the prosecution a limited right to appeal
to determine certain points of law. These appeals usually occur before the actual trial begins.
Appeals by the prosecution after a verdict are not normally allowed because of the prohibition in
the U. S. Constitution against double jeopardy, or being tried twice for the same crime.)

Appeals in either civil or criminal cases are usually based on arguments that there were errors in
the trial’s procedure or errors in the judge's interpretation of the law. The party appealing is
called the appellant, or sometimes the petitioner. The other party is the appellee or the
respondent.

Vocabulary
Court clerk= funcţionar al curţii
Bailiff= grefier
30
Jury pool= juriul întrunit, înainte de a fi selectaţi juraţii
Venire= loc de judecată
Panel= complet de judecată
To prevail= a predomina, a convinge de
Opening statement= pledoarie de deschidere
Objection= obiecţie
To overrule= a respinge
Witness= martor
Cross-examination= interogatoriu încrucişat
To impeach= a acuza de trădare
Proof= dovadă
Foreperson= preşedintele juriului
Appellant= apelant
Appelle= citat în apel

Exercises

I. Translate into Romanian:

“The court reporter records verbatim everything that is said as a part of the formal proceedings
in the courtroom, including: the testimony of the witnesses, objections made by the lawyers and
the judge’s rulings on those objections. In many jurisdictions, audio or audio-visual tapes are
used to record the trial in lieu of a court reporter, particularly at the misdemeanor level.in some
jurisdictions, both methods are employed, with the reporter’s record used if there is an appeal to
a higher court, though occasionally the tapes become part of the record of an appeal”.

II. Choose the right word for each blank:

“The illicit and (1)…… movements of persons across national borders, largely from developing
countries and some countries with economies in (2) ……, with the end goal of (3) …… human
beings into sexually or economically oppressive and (4) ….. situations for profit of recruiters,
traffickers and crime syndicates, as well as other (5) …… activities related to (6) ……, such as
forced domestic labour, false marriages, clandestine employment and false adoption.”

1. a)clandestine b)human c)large d)huge

2. a)bloom b)transition c)search d)future

3. a)asking b)involving c)forcing d)engaging

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4. a)odd b)general c)supportive d)exploitative

5. a)illegal b)interesting c)legal d)dangerous

6. a)humanity b)trafficking c)migration d)exploitation

III. Match the first part with the second to make appropiate sentences:

A) Local contacts 1) commonly paid to various officials or police to

Procure false documents or at border crossing

B) Direct sale 2) women and children are transported on foot,

by minibus, in trucks, vans and boats

C) Deceit 3) economic incentives to parents and

arrangements which bond children

and young women into sex-slavery or

other exploitative forms of labour though

details of these debt terms are ill defined

D) Debt bondage 4) traffickers enlist the helps of local

persons to identify vulnerable families

E) Kidnap 5) women and children sold to traffickers

by parents or other family members

F) Falsification of 6) unscrupulous agents deceive parents, lure

Documents women and girls with false promises of well-

-paid work in cities or marriage to rich partners

G) Bribes 7) criminal gangs kidnap women and

children, forcing them to work against their

will and often selling them

H) Transportation 8) false documents and passports make it

difficult to identify and trace trafficked

persons

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IV. Match the phrasal verbs from the left with their definitions from the right:

a) back out of 1. arrive unexpectedly

b) break into 2. elope; take smth. which does not belong to

you

c) break out 3. depart, leave

d) clear off 4. examine, inspect

e) give in 5. Surrender

f) join up 6. disappear quickly

g) look through 7. enter armed forces

h) run away/off with 8. escape

i)set off/out 9. withdraw from an agreement

j) turn up 10. enter by force

Grammar

THE ARTICLE

I. Indefinite: “A/AN”

-it is used:

a)when mentioning things for the first time;

b)in certain numerical expressions: a couple, a hundred, a lot of, a quarter, a thousand etc.

c)in the expressions “a few” and “a little”

d)in exclamations like: “What a pretty girl!”, “What a lovely day!”, “Such a pity!” etc.

e)before proper nouns, such as ”a Mr. Smith”, meaning “a man called Smith”

-it is not used:

a)before plural nouns;

b)before uncountable nouns;

33
c)before abstract nouns

II. Definite: “the”

-it is used:

a) for specific persons or things;

b) before nouns considered as being unique: “the Pyramids”;

c) before a noun which has become definite as a result of being mentioned for the second time;

d) before a noun which has become definite by addition of a phrase: “the girl in blue”;

e) before superlatives;

f) before a singular noun which represents a class of animals, things, group of people: “the small
shopkeeper”;

g) before an adjective which represents a class of persons: “the teenager”;

h) before names of seas, rivers, groups of islands, chains of mountains, names of confederations
(the USA), before some names of countries such as: “the Sudan”, “the Yemen”.

-it is not used:

a) before names of people (except cases when we have to mention one person who has the same
name with somebody else);

b) before abstract nouns;

c) before names of meals: “breakfast”;

d) before N/S/E/W + the name of a country: “North America”;

e) before indefinite plural nouns (when speaking about something in general): “Women are
expected to like housework.”

f) before “home”, “church”, “market”, “hospital”, “school”, when they are visited for their
primary purpose: “I’m going to church for praying”.

Exercises:

I. Fill in the gaps using definite or indefinite articles where necessary:

1. They have been on ……Greek Islands for ……. month now.

2. In …… event of my hearing from him I’ll let you know.

3. Do you drink ……beer or …….wine?

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4. What have you got in ……mind?

5. He has …… knowledge to do it.

6. Peter’s gone to ….. Scotland on ……. Business.

7. You’ll get ……. home at 6.35 at …….latest.

8. Could you tell me …… time, please?

9. She is in …… hospital with …….. broken arm.

10. Please try to be ……little more polite.

II. Supply the definite article where necessary:

1. …… fresh air is good for young children.

2. ……. air on …… mountains is very good.

3. Many students don’t find …….. Mathematics interesting.

4. I’m going to study …….. history of England next year.

5. ........... history is always interesting.

6. A classroom must have …….. good light, but …… light in this room is very poor.

7. Both my friends live on ……... River Street.

8…….. Mississippi River is ….. longest river in …… world.

9. Many ships cross ……. Atlantic Ocean.

10……….air in large cities is polluted.

Tests:
I. Choose the best option in the sentences below:

1. No smoking here! Put ……. all cigarettes, please!


a. on b. off c. out d. of
2. I’m sure I can help you if you tell me what you are looking ……. .
a. out b. from c. for d. on
3. She said that she couldn’t come to the door because she …… her hair.
a.is washing b. was washing c. washes d. washed

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4. If you learn a foreign language you ……. a better job.
a. will get b. will be getting c. get d. will have got
5. By the end of the week my illness ………… me $100.
a. will be costing b. will cost c. will have cost d. is going to
cost
6. That film …………. to the local cinema next week.
a. comes b. will come c. is coming d. will be coming
7. When Ann was on her way to the station it ………….. to rain.
a. began b. was beginning c. is beginning d. has begun
8. How long you ………….. in your present job?
a. had you been b. have you been c. will you have been d. were you
9. Mrs Brown ……… next door for quite a long time but she has never said more
than “Good morning” to me.
a. has been living b. has lived c. lived d. had lived
10. A woman came in with a baby who, she said, just ……….. a safty pin.
a. has swallowed b. had swallowed c. had been swallowing d.
swallowed
11. Tell me when it’s cold and I’ll put …… the fire.
a.away b. on c. out d. off
12. Mr Smith played lawn tennis in his youth but he ………. it since he grew old.
a.has been giving up b. has given up c. gave up d. was giving up
13. No sooner I ………….. the room than the phone rang up.
a.had entered b. entered c. has entered d. had been
entering
14. I ………….. a cake when the light went out.I had to finish it in the dark.
a.were making b. had made c. would make d. was
making
15. I already …………… my chores when he offered to help.
a.will have finished b. have finished c. had finished d. finished
16. Even if she ………….. me to change I shall never trust her again.
a.promise b. will promise c.promises d. shall promise
17. When the boss gets to the meeting our team …………….. the whole plan.
a.will have prepared b. shall have prepared c. prepare d. prepares
18. Mary told us that the discussions ………….. for three hours.
a.last b. had lasted c. lasts d. will last
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19. By the end of the next year the students …….. the project for the national
olympics.
a.will finish b. shall finish c. finish d. will have finished
20. We …………… 10 km before we met the first spring.
a.will have walked b. walked c. would walk d. had walked

II. Give the English equivalents:

Acte de forţă majoră, senzor de supraveghere, cerere de azil, tentative de ieşire ilegală, dosar de
licitaţie, munca la negru, tranzitarea frontierei, vămuire, punct de control, radar de coastă,
formalităţi, reţele infracţionale, exceptarea de la taxele vamale.

III. Fill in the gaps with “a/an” or “the” where necessary:

1. He visits England twice …… year.

2……. bicycle is …… excellent means of …… transport.

3. I’m sure he will do …… best he can.

4. As …….. matter of fact, I’m going to buy that car.

5. They cost EU 1 ……. kilo.

6. I agree with you on …… whole.

7. To …… certain extent, he is right.

8. Why on ……. Earth didn’t you wait for ……. 8 o’clock train?

9. What ……. shame! He was put in ……. prison for …… theft again

10. What ……. nuisance! We’ve missed the bus!

Topic 5: Legal Professions; the Roles in a Trial Session


Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to legal professions;
- Practising the plural of nouns.
-

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The content of the lesson
Legal Professions (II)
The Role of the Solicitor in the English Legal System

A solicitor's role is to give specialist legal advice and help. As society becomes more complicated the
need for the services of the solicitor rises, and the profession's influence expands. Solicitors are the main
advisers on all matters of law to the public.
A career as a solicitor offers the chance to combine intellectual challenge, interest and variety with the
opportunity to work with and for people.

There are over 60,000 solicitors practising in England and Wales and their work varies enormously. A
solicitor's job is to provide clients (members of the public, businesses, voluntary bodies, charities etc.)
with skilled legal advice and representation, including representing them in court. Most solicitors work
in private practice, which is a partnership of solicitors who offer services to clients, others work
as employed solicitors for central and Local Government, the Crown Prosecution Service, the
Magistrates' Courts Service, a commercial or industrial organisation or other bodies. If you become a
solicitor, you can choose the kind of environment which suits you best.

Different Kinds of Practice

Private Practice
You will find a solicitor's firm in nearly every town in England and Wales. A solicitor is usually the
first point of contact for anyone looking for legal advice. A solicitor's firm can vary from a large
organisation with hundreds of partners, thousands of employees and offices all over the world, to a
small firm above a shop in a local high street.

General Practice
Solicitors in general practice usually work in a small or medium-sized firm, and serve the local
community, dealing with the legal problems of the public. They may carry Out conveyancing (the
buying and selling of houses snd land), investigate claims which arise from injury, or advise and
represent people in court on their client's behalf in criminal matters. Family law and child care law are
important nowadays, and solicitors often represent clients in court in divorce cases. They make wills
and administer the estates of people who have died.
Solicitors often advise businesses on such matters as employment law, contracts and company
formations. Solicitors are often at the centre of a local business community.

Specialist Practices

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Many large firms, particularly those in the City of London, or the business areas of other large cities,
specialise in the large, corporate client who sometimes has urgent, multi-million pound deals. Such
firms often have multi-national clients, and may have offices in major financial and business centres
throughout the world.

Legal Aid Practices


Many firms specialise in issues brought by the legally aided client, the client who cannot normally
afford a solicitor's fees. Solicitors here will concentrate on such matters as divorce law, welfare
benefits, crime, claims when someone has been injured, giving help to clients who are unable to pay
their rent, and assisting those who are victims of medical negligence.

Other Opportunities
Not all solicitors work in private practice. It is possible for solicitors to work as in-house legal advisers
to a commercial or industrial organisation, to a government department or a local authority. The largest
employer of lawyers in England and Wales is the Crown Prosecution Service, which advises the police
about prosecutions and prosecutes cases in the courts. Other opportunities include the Magistrates'
Courts Service, law centres, charities, voluntary organisations, and even the armed services,

Qualifying as a Solicitor

Training
Because the law is complex, the training of solicitors takes a long time and can be difficult. The Law
Society makes the rules for the legal education and training required and they are designed to ensure
that the trainee receives an education which is both thorough and broad.

How to Qualify
The quickest and most common route to qualification is by means of a qualifying law degree and a list
of institutions offering them can be obtained from the Law Society, it does not matter which subjects
you take at GCSE level (although English Language should be included), taut you will need a good
academic record, as competition for places is strong. You should aim for three 'A' levels or equivalent,
in any academic subject of your choice, and you should obtain good grades.
If you decide to take a degree in a subject other than law, you will have to complete a one year full-time
(or two years part-time) course leading to the Common Professional Examination or the post-graduate
Diploma in Law. These courses are offered at a number of institutions, but you should aim for a good
class of degree as competition for places is intense. The course will give you the basic grounding in law
which you need to qualify as a solicitor. After successful completion of the law degree, or CPE, or
Diploma in Law, you wilt have to undertake the Legal Practice Course, which is the professional
training for solicitors. This course takes one academic year, or two years if studied part-time. Again,
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competition for a place on the LPC is very tough. Good academic grades are essential. The course
teaches the practical application of the law to the needs of clients, and is offered by a number of
different colleges and universities.
Having successfully completed the Legal Practice Course, the would-be solicitor has to enter a two year
training contract with a firm of solicitors or other approved organisation (such as a local authority or
the Crown Prosecution Service), gaining practical experience in a variety of areas of taw. At this stage,
you wilt be paid a salary and will be a trainee solicitor. It is important that you arrange a training
contract as early as possible. You can begin to apply in the final year of your degree. Having
successfully completed the Legal Practice Course, the would-be solicitor has to enter a two year training
contract with a firm of solicitors or other approved organisation (such as a local authority or the Crown
Prosecution Service), gaining practical experience in a variety of areas of law. At this stage, you will be
paid a salary and will be a trainee solicitor, it is important that you arrange a training contract as early
as possible. You can begin to apply in the final year of your degree. Legal Executives
For those who do not wish to take a degree, it is possible to qualify as a solicitor by obtaining
employment in a legal office, joining the institute of Legal Executives and taking the examinations to
qualify as a member and subsequently a Fellow of the Institute of Legal Executives. This can be a
stepping stone to qualifying as a solicitor. This process is lengthy, demanding and academically
difficult, but enables the non-graduate to qualify as a solicitor.

Exercises

BEFORE YOU READ

I. Comment upon the following questions:


a) A lawyer needs a special training to deal with the cases
b) Which are the attributions of a lawyer?
c) Competition among lawyers is increasing. What is to be done?

AFTER RE ADING

II. Mark the following statements T(true) or F(false) according to the text:
a) All the solicitors work in private practice as a partnership of solicitors who offer services
to clients.
b) Solicitors make wills and administer the estates of people who have died.
c) The Crown Prosecution Service is always giving a helping hand to solve the cases.

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d) The solicitor's legal education and training is based on certain rules that must be obeyed
accordingly.
e) A would-be solicitor is required to have a good academic record, good command of
English, legal practice.
f) Some solicitors join the Institute of Legal Executives not taking any examinations to qualify as
members even if they are non- graduates.
g) The Legal Practice Course means that one is qualified as a solicitor.
h) A trainee solicitor has a monthly salary.

III. Match the following according to the text you have already read:
1) solicitor's a) competition
2) welfare b) application of the law
3) medical c) a training contract
4) employed d) benefits
5) voluntary e) education
6) thorough f) experience
7) practical g) solicitor
8) arrange h) firm
9) gain i) organization
10) tough j) negligence

IV. Complete the blanks with the appropriate words:


NOUN VERB ADJECTIVE
1) advice -
2) - INVESTIGATE -
3) - INJURING
4) record -
5) practice -
6) - qualify -
7) - approve -
8) specialization -
9) - convey -
10) - representing

V. GET TALKING

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Give a 5 minute presentation on the difference between the Romanian lawyer and the
English solicitor regarding their training for the legal professions.
Grammar

THE NOUN

I. Proper nouns: names

II. Common nouns:


-gender
a) with different forms: bother-sister, lord-lady, horse-mare
b) with only one form: zebra
c) with only one form + a suffix: actor-actress, prince-princess
d) compounds: salesman-saleswoman
-number
Countable n. (are not used with determiners)
a) with sg. and pl. (-s,-es);
b) irregular: man-men, woman-women, foot-feet, goose-geese, tooth-teeth,louse-lice, mouse-
mice, ox-oxen, child-children;
c) with one single form: fish, sheep, deer, dice;
d) sg. form with pl. meaning: zebra, gazelle

Uncountable n. (are used with determiners)


a) sg.form + sg.vb.:advice, information, knowledge, luggage, furniture rubbish, baggage, hair,
money, traffic, progress, homework, news
(determiner: a piece of)
b) pl. form + pl. vb.: clothes, pyjamas, binoculars, glasses, spectacles, scissors, breeches, jeens,
shorts, compasses
(det.: a pair of)
c) pl. form + sg./pl. vb.: Mathematics. Phisics, Politics, Ethics, Genetics, Linguistics, Mechanics
ex: His Mathematics are weak.
Mathematics is an exact science.
d) pl. greek/latin: erratum-errata, datum-data, crisis-crises, basis-bases, axis-axes, thesis-theses
(exceptions: gymnasium-gymnasiums, formula-formulas)
e) pl.form + sg. vb.: measles. Mumps, diabets, rickets

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III. Abstract nouns
Absence, beauty, childhood, death, evil, faith, happiness, intelligence, justice, luck, mercy,
patience, respect, safety, trust, violence, weather, youth etc.

IV. Mass nouns (uncountable n. which have become countable n.)


Beer, wine, coffee, cheese, butter, milk, juice, tea, soup, sugar etc.
Cotton, fuel, iron, oil, paint, perfume, poison, steel, wool, medicine etc.

V. Collective nouns
Aristocracy, army, audience, committee, community, council, crew, family, government, jury,
media, opposition, press, public, staff, team
Ex: Our family isn’t poor anymore.
Our family have left yesterday. They are going on a holiday.

VI. Compound nouns (fixed expressions made up of more than one word and functioning
as a noun)
a) (linked together): armchair, bookcase
b) (made of two words): bus stop, car park, police station, swimming pool, dinning room, credit
card
c) (hyphenated): pen-friend, letter-box, sister-in-law, x-ray

VII. Nouns which come from verbs or adjectives


a) >adj.: the poor, the sick, the young; paintings in reds, blues or greens;
b) >-ing vb.: singing, hearing, feeling, meaning, turning, warning etc.

Exercises:
Underline the correct alternative:
1. He’s given me (an advice/a piece of advice).
2. (Her hair is/her hairs are) beautiful.
3. Your English (have/has) improved.
4. There (is/are) a lot of people in the square.
5. Why (is/are) the police here?
6. He hasn’t made (much/many) progress.
7. How many (pieces of furniture/furniture) will they bring?

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8. He wants to read something. Buy him (a paper/some paper) or a magazine.
9. We’ve had (such good weather/such a good weather).
10. Darts (is/are) a very popular game in pubs.
11. Three thousand pounds (was/were) stolen in a robbery yesterday.
12. What time (is/are) the news on the T.V.?

Tests:

I. Translate into English:


Cineva merge la un avocat să-l apere la un proces, îi dă banii, dar el nu se prezintă la proces.
Ce poate să facă această persoană?

RĂSPUNS:

Onorariul unui avocat se stabileşte după ce s-a discutat în prealabil despre caz. În cazul în care
persoanei nu-i convine preţul, îşi caută un avocat mai ieftin. Conform legii, avocatul angajat
trebuie să întocmească următoarele acte:
a) Contractul de asistenţă juridică; este un formular care se completează în două
exemplare. După completare avocatul îi dă justiţiabilului un exemplar.
b) Împuternicirea avocaţială (delegaţia); cu care avocatul urmează să se prezinte la proces;
după ce este completată de avocat se prezintă justiţiabilului să o semneze.
c) Chitanţa fiscală este cel de-al treilea act; se încheie tot în două exemplare, iar în ea
se trece suma plătită la data respectivă de acea persoană. Se recomandă ca această chitanţă să
fie predată justiţiabilului ca dovadă a plaţii, dar acesta trebuie să o păstreze pentru a fi depusă la
dosar atunci când, la terminarea procesului, se cer cheltuieli de judecată.
Chitanţa poate fi păstrată şi de avocat, dacă înţelegerea a fost în acest sens. Dacă doamna X
a plătit fără a i se încheia formele menţionate, se poate adresa Baroului din care face parte
avocatul şi să solicite restituirea onorariului platit.

II. Translate into Romanian:


1. Pantalonul e pe pat.
2. Compasul este roşu, iar busola este verde.
3. - De ce nu mi-ai adus cleştele?
4. -Pune, te rog, toate foarfecele acolo!
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5. Informaţiile lui sînt corecte.
6. Care erau cunoştinţele lui de greacă?
7. Am 3 veşti interesante pentru tine.
8. Oreionul e o boală mai serioasă decît pojarul.
9. Popicele era un joc destul de răspîndit in anii ’50.
10. Echipajul lucrează de la ora 4.
11. Îl caută poliţia de 1 an, dar încă nu l-au găsit.
12. -Cîte feluri de peşte ai gătit?
13. Sper să-i port noroc la zaruri
14. -Îţi voi mai aduce 2 specii să le examinezi.
15. Şi-a dus boii la tîrg să-i vîndă.
16. Bagajele lor sînt încă la vamă.
17. A gustat cîtva feluri de unt, dar nu s-a decis încă.
18. Clerul nu este întotdeauna îmbrăcat în negru.
19. 50 de ani este un timp lung.
20. Apele Tamisei erau foarte murdare după furtună.

III. Read and complete the following report using no more than two words for each blank:
The museum robbery must have ………. at 9.40 p.m. The robbers ……… gloves as no
fingerprints ……….. on anything left at the ………. Of the crime. Evidence ………. That the
robbers ……….. a gun. The robbers …….. aware of art, because the paintings which ………
taken are of very high ……… . James Smith, who was an immediate ……….., ……….. been
involved as he was in police ………… at the time of the robbery. One of the customers from a
nearby pub ……….. witnessed the crime. Any witnesses ……… in touch with the Police station
as soon as possible. All calls will be treated in the strictest ………. .

Bibliography:
- Merriam-Webster’s Dictionary of Law, Merriam-Webster, 1996
- English with a key, Lidia Vianu, Editura de Vest, Timisoara, 1992
- Practise your grammar, P. Dombrovos, Prisma Publications, 1991
- Sinteze de gramatica engleza. Exercitii si teste de evaluare, Galateanu, F.
Georgiana, Editura Cruso si Lucman, Bucuresti, 1996
- Longman Dictionary of Contemporary English, Longman Group Ltd., Harlow,
1995

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- A Practical English Grammar. Exercises, Thomson A.J., Martinet A.V., o.u.p.,
Oxford, 1997
- Advanced Language Practice with key, Vince M., Heinemann, Oxford, 1994

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