ADINA RDULESCU A PRACTICAL ENGLISH HANDBOOK

FOR LAW STUDENTS Intermediate Level

Descrierea CIP a Bibliotecii Naionale a Romniei RDULESCU, ADINA A Practical English Handbook for Law Students.

Intermediate Level / Adina Rdulescu Bucureti, Editura Fundaiei Romnia de Mine, 2006

128p.; 20,5 cm. Bibliogr. ISBN (10)973-725-608-5

(13)978-973-725-608-9

811.111:34

Editura Fundaiei Romnia de Mine, 2006

Redactor: Andreea DINU Tehnoredactor: Vasilichia IONESCU

Coperta: Marilena BLAN

Bun de tipar: 13.11.2006; Coli tipar: 8 Format: 16/6186

Editura Fundaiei Romnia de Mine Bulevardul Timioara nr. 58, Bucureti, Sector 6

Tel./Fax: 021/444.20.91; www.spiruharet.ro e-mail: contact@edituraromaniademaine.ro

UNIVERSITATEA SPIRU HARET DEPARTAMENTUL DE LIMBAJE SPECIALIZATE

ADINA RDULESCU

A PRACTICAL ENGLISH HANDBOOK FOR LAW STUDENTS

Intermediate Level

EDITURA FUNDAIEI ROMNIA DE MINE Bucureti, 2006

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CONTENTS

PART I Unit 1. British Law vs. US Law ... 7

Unit 2. Forms of Punishment .. 16

Unit 3. The European Court of Justice Composition and Structure 24

Unit 4. Institutions of the Community 32

Unit 5. Daily Telegraph 39

Unit 6. Daily Telegraph 47

Unit 7. Home Confinement .. 53

PART II Unit 1. Student First Amendment Case . 59

Unit 2. Contempt of Court or Violation of Freedom of the Press? 67

Unit 3. The Role of Federal Courts in Balancing Liberties and Safety 75

Unit 4. United States Constitution: Amendments . 81

Unit 5. Disclosure of Classified Information .. 88

Unit 6. Health Care Fraud ... 95

Unit 7. Identity Theft ... 103

Key to Exercises Part I 112Part II .. 114

Appendix A Phrasal Verbs .. 116

Appendix B English-Romanian Glossary of Legal Terms .. 121

Bibliography ... 128

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PART I

UNIT 1 BRITISH LAW vs. US LAW

The main sources of British law are common law, legislation

and, more recently, European Community law. Scotland and Northern Ireland have their own legal system and lawcourts, distinct from those in England and Wales.

A distinctive ancient British law is that of habeas corpus. This Latin phrase literally means you must have the body, and is the opening words of a 17th-century writ guaranteeing a person a fair trial. A person who believes that he is being wrongly held by the police can issue a writ of habeas corpus to have his complaint heard by a court. This is also part of the US Constitution.

A trial in a criminal court is a contest between the prosecution, who put the case and call the evidence against the defendant, and the defence. The defendant normally has a lawyer to represent him and act as his legal adviser. An accused person pleads guilty or not guilty. It is a principle of English law that a person is presumed to be innocent until proved guilty, and the Prosecution have to satisfy the Court of the defendants guilt so that the Court is sure of it, otherwise he must be found not guilty.

The jury, who make the eventual decision in the Crown Court as to whether the defendant is actually guilty or not guilty, is normally composed of 12 people chosen at random from the list of local people who have a right to vote in the area. Their decision is called a verdict.

The lawyers who speak for the prosecution or the defence in magistratescourts and county courts are normally solicitors, while in the Crown Courts they are barristers. In Scotland a barrister is known as an advocate. Barristers are so called because they have been called to the Bar by one of the Inns of Court.

Young people under 17 are tried in a special juvenile court, a kind of magistratescourt which is held separately from the other

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courts. Sudden or suspicious deaths are investigated in a special coroners court.

US law is based on English law and is represented by common law, statute law, and the US Constitution. There are two types of court, state and federal, with each state having its own distinctive laws, courts and prisons. Federal law cases are first heard before a federal district judge in a district court presided over by a Chief Judge. Appeals are made to one of 13 Courts of Appeal or to the Supreme Court, the highest in the country. The federal legal system has its own police force, the Federal Bureau of Investigation (FBI).

A sheriff in the USA is the chief law enforcement officer in a county, with the power of a police officer in the matter of enforcing criminal law. In his judicial role he is entitled to serve writs. He is elected by the local people in all states except Rhode Island.

In England and Wales the sheriff is the principal officer of the Crown in a county, with mainly ceremonial duties. In Scotland, however, he is a judge in a sheriff court, which deals with most types of crimes.

(Oxford Advanced Learners Encyclopedic Dictionary) I. Match the words in column A with their definitions in

column B and then with their Romanian equivalents in column C: A B C

1. common law a. a person against whom an action or claim is brought in a court of law.

m. ordonan, hotrre judectoreasc

2. habeas corpus b. a lawyer who has been called to the bar and is qualified to plead in the higher courts.

n. aprarea

3. writ c. the judicial review by a superior court of the decision of a lower tribunal.

o. Barou

4. the prosecution d. lawyer who advises clients on matters of law, draws up legal documents, prepares cases for barristers, etc., and who may plead in certain courts.

p. avocat nsrcinat cu procedura, jurisconsult

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5. defendant e. the four private unincorporated societies in London (Lincoln's Inn, Inner Temple, Middle Temple, Gray's Inn) that function as a law school and have the exclusive privilege of calling candidates to the English bar.

q. drept comun

6. the defence f. a document under seal, issued in the name of the Crown or a court, commanding the person to whom it is addressed to do or refrain from doing some specified act.

r. cldiri londoneze aparinnd la patru societi juridice

7. solicitor g. a public official responsible for the investigation of violent, sudden, or suspicious deaths.

s. procuratura, acuzarea

8. barrister h. the institution and conduct of legal proceedings against a person

t. medic legist i procuror nsrcinat cu cercetarea penal a deceselor suspecte

9. the Bar i. the body of law based on judicial decisions and custom, as distinct from statute law.

u. avocat pledant

10. Inns of Court j. all those who belong to the profession of barrister.

v. habeas corpus

11. coroner k. a writ ordering a person to be brought before a court or judge, especially so that the court may ascertain whether his detention is lawful.

w. apel, recurs

12. appeal l. the defendant and his legal advisers collectively.

x. acuzat, inculpat, prt

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II. Complete the following sentences using the words in the box in different expressions. Each word will be used more than once:

verdict appeal evidence law crime trial

1. There was enough . to prove him guilty. 2. Has the jury reached a ..? 3. The client has decided not to . . 4. The police are there to enforce the . . 5. What .. has he committed? 6. I think that the criminal will be brought to .. . 7. I never break the .. . I am a -abiding citizen. 8. Have you any to support this statement? 9. After the jury has announced the , you may have the right of

. 10. He is now forced to stand .. for trying to get round the

. 11. His statement to the police was used in .. against him. 12. His case is still on . He has promised to keep on the right

side of the .. from now on. III. Extract from the sentences in exercise II. the English

equivalents for the following Romanian expressions; the first one has been done for you as an example:

Romanian expressions English equivalents

a dovedi vinovia cuiva to prove sb. guilty 1. a stabili un verdict 1. 2. a pune n aplicare legea 2. 3. a comite o infraciune 3. 4. a fi acionat n justiie 4. 5. a nclca legea 5. 6. a avea dreptul de a face un recurs/apel 6. 7. a fi supus unui interogatoriu (la un proces) 7. 8. a ocoli legea 8. 9. a fi n curs de judecare (un caz) 9.

10. a aciona pe cale legal 10.

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IV. Choose the correct version, looking the new words up in the Glosarry:

1. A person who steals money placed in his care.

a) a forger b) an arsonist c) an embezzler d) a poacher 2. ................ means catching game birds, animals or fish without

permission on somebody elses property. a) hunting b) stealing c) trespassing d) poaching

3. A person who enters a building illegally, especially by force, in order to steal. a) a burglar b) a robber c) a hooligan d) a vandal

4. A person who steals money, etc from other peoples pockets, especially in crowded places. a) a thief b) a pickpocket c) a shoplifter d) a robber

5. The judge has pronounced ......................... of ten yearsimprisonment. a) an accusation b) a punishment c) a sentence d) a conviction

6. The correct spelling for the English equivalent of the Romanian word delapidator is: a) imbezzler b) embezler c) embezzler d) embezller

7. He has been released from prison .................... and if he does not behave satisfactorily, he will be sent back. a) on probation b) on remission c) into custody d) on testing

8. There was no need for a trial, because the client decided to .................... and forgive the attacker. a) serve his sentence b) appear in court c) drop all the charges

d) commute his sentence 9. ............... means money paid by or for a person accused of a

crime, as security that he will return for his trial if he is allowed to go free until then. a) Probation b) Bribe c) Bail d) Fine

10. A .................... is a lawyer who prepares legal documents, advises clients on legal matters and speaks for them in lower courts. a) solicitor b) prosecutor c) judge d) barrister

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11. A person who takes people hostage for a ransom is called a ....................... a) hijacker b) bandit c) kidnapper d) rapist

12.The correct spelling for the English equivalent of the Romanian word omor prin pruden is: a) menslaughter b) manslother c) manslaughter d) manslauther

13. After ten hours, the Jury finally reached its .: the prisoner was guilty. a) sentence b) verdict c) point d) conclusion

14. A person who willfully gives a false statement while under oath, concerning a material matter in a judicial proceeding is said to commit .................. . a) slander b) bribery c) perjury d) treason

15. A ....................... is someone who testifies, especially in a court of law to events or facts within his own knowledge. a) registrar b) spectator c) witness d) friend

V. Provide the Romanian translation for the following

English words, using the Glossary: English terms Romanian equivalents

1. a forger 1. 2. an arsonist 2. 3. an embezzler 3. 4. a poacher 4. 5. a burglar 5. 6. a robber 6. 7. a hooligan 7. 8. a vandal 8. 9. a thief 9.

10. a pickpocket 10. 11. a shoplifter 11. 12. a hijacker 12. 13. a bandit 13. 14. a kidnapper 14. 15. a rapist 15. 16. a smuggler 16.

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

VI. Choose the correct version, paying attention to the use of

English tenses: 1. Judge Williams ........................ today as judge Thomson has

been taken ill. a) presides b) will preside c) is presiding d) presided

2. Before taking up his duty, each judge ............. an oath to respect his responsabilities. a) takes b) is taking c) took d) has taken

3. The members of the jury ....... now ................... on the murder case. a) is __ deliberating b) were __ deliberating c) are __ deliberating

d) have __ been deliberating 4. ............................ to represent yourself in the trial?

a) Will you b) Are you going c) You are going d) Will you be 5. Look out! One of the robbers .......................... .

a) will shoot b) is shooting c) was shooting d) is going to shoot 6. I ....................... my solicitor tomorrow; I am changing my will.

a) am seeing b) will see c) see d) would see 7. As soon as I .............. from my lawyer, I will let you know.

a) will hear b) heard c) will have heard d) hear 8. You cannot enter this room. The witness ....................

cross-examined right this moment. a) is being b) is c) will be d) has being

9. The coroner .......................... the case right now. a) investigates b) is investigating c) will investigate

d) has been investigating 10. My client will make an appeal when the verdict .........

pronounced. a) will be b) was c) has been d) is being

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

A B

to serve a sentence = a executa o sentin 1. to pronounce a sentence a. a comuta o pedeaps 2. to be released on probation b. cu domiciliu forat 3. to be taken into custody c. a fi eliberat pe cauiune 4. to drop all the charges d. a suspenda o sentin 5. to commute a sentence e. a depune un jurmnt 6. to be released on bail f. a renuna la toate acuzaiile 7. to take an oath g. a pronuna o sentin 8. to suspend a sentence h. a urmri n justiie 9. under house arrest i. a fi arestat 10. to bring to court j. a fi pus n libertate sub supraveghere

VIII. Match the verbal tenses in the left column with their

corresponding grammatical term; the first one has been done for you as an example:

Verbal tenses Corresponding grammatical term

is investigating Present Tense Continuous 1. will have prosecuted a. Past Tense Simple 2. has been protecting b. Past Perfect 3. was advising c. Present Tense Simple 4. had been examining d. Present Perfect Continuous 5. defended e. Future Tense Continuous 6. will dismiss f. Past Tense Continuous 7. had robbed g. Past Perfect Continuous 8. have committed h. Future Tense Simple 9. will have been pleading i. Present Perfect

10. will be analysing j. Future Perfect Continuous 11. convicts k. Future Perfect

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IX. Put the verbs in brackets into the corresponding verbal tense indicated in italics:

1. I . (see) my solicitor tomorrow. (Present Tense Continuous)

2. What you (think) about? (Present Tense Continuous) Why . you (not talk) to me about your problems? (Present Tense Simple)

3. After deliberating for hours, the jury .... (decide) to declare the defendant not guilty. (Present Perfect)

4. Why .. you (accept) to take this case if you consider your client to be guilty? (Present Perfect)

5. Yesterday he . (come) into my office and (ask) for my help. I (tell) him that I would help him but he . (not seem) to trust my words. (Past Tense Simple)

6. I .. (wait) for you in front of the cinema when I (realize) that somebody (watch) me insistently. Soon after I .. (decide) to leave. (Past Tense Continuous and Past Tense Simple)

7. Judge Moony (preside) in this court of law for more than ten years. (Present Perfect Continuous) He (retire) next week. (Present Tense Continuous)

8. The journalist . (not make) the story public until he . (find) enough hard evidence to incriminate the suspect. (Past Tense Simple, Past Perfect)

9. They (work) together for five years when they (find out) that they .... (be married) to the same woman. (Past Perfect Continuous, Past Tense Simple, Past Perfect)

10. By the time you .. (arrive) at the airport, his plane (land) for more than half an hour. (Present Tense Simple, Future Perfect)

11. When I .. (graduate) I was very determined to pursue a career in the law field. (Past Tense Simple). But since then I .. (reconsider) my options and I (decide) to turn politician. (Present Perfect)

12. She ... already (address) her appeal to the High Court of Justice in London when she . (be summoned) to appear in the local court. (Past Perfect, Past Tense Simple)

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UNIT 2 FORMS OF PUNISHMENT

When people are sent to prison in Britain after being found guilty

of a crime, they are given a sentence that specifies the length of their punishment. Most, however, will be eligible for a remission of one third of the period stipulated. This means that a person sentenced to a years imprisonment will normally be released after eight months, and one sentenced to three years will leave prison after two. Moreover, most prisoners sentenced to 12 months or more are also eligible for parole when they have served one third of the stated period, after a minimum of six months in prison. At present, about three prisoners out of four obtain parole. However, prisoners sentenced to five or more years for serious offences involving violence, arson or sexual crimes are rarely granted parole. A person on parole is released from prison on condition that he or she remains in touch with a probation officer over the period of time for which the original sentence would have run. If parole conditions are abused, the offender is liable to be recalled to prison.

Although a life sentence for murder rarely means imprisonment for life, it can last for 20 years or more if the crime was the murder of a police officer or prison officer, if it was carried out during a terrorist attack or a robbery, or if it involved the sexual or sadistic killing of a child. The government minister responsible for law and order, the Home Secretary, decides when a prisoner sentenced to life should be released. Such prisoners remain on parole for the rest of their lives, and may be imprisoned again if it seems likely that they will commit a further offence.

On the whole, many courts try to avoid passing prison sentences in the first place, and instead impose some other punishment, such as a fine, or probation, or a community service order. A court may impose a prison sentence suspended for up to two years: the offender will not

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have to serve the sentence unless he or she commits other offences during the period. Fines are awarded in about eight cases out of ten. Probation involves the offender leading a normal life but under the supervision of a probation officer. Community service involves doing unpaid physical work for between 40 and 240 hours, to be completed within 12 months. Typical exemples of community service are painting an elderly persons house or building a playground for children.

Courts also have the power to allow a convicted person to go free, ie to discharge him or her conditionally, especially if imprisonment or other punishment seems inappropriate. If convicted for another offence of the same kind, however, such a person will be brought back to court and be liable for punishment that could have been imposed in the first place. For a trivial offence, such as a single instance of drunk and disorderly behaviour, the court may bind over the offender, requiring him or her to keep the peace and be of good behaviour. If this condition is not observed, the person may be given a punishment for the original offence, or have to pay a sum of money stipulated when bound over.

(Oxford Advanced Learners Encyclopedic Dictionary) I. State whether the following sentences are true or false and

correct the false ones: Example: A person sentenced to a years imprisonment will normally be released after five months. FALSE CORRECTION: A person sentenced to a years imprisonment will normally be released after eight months.

1. A person sentenced to three years will normally leave prison after two.

2. Most prisoners sentenced to 12 months are eligible for parole when they have served four months of the stated period.

3. At present, one prisoner out of four obtain parole. 4. Prisoners sentenced to five or more years for serious offences are

granted parole very often. 5. A life sentence for murder can last for 20 years or more. 6. The High Court of Justice decides when a prisoner sentenced to

life should be released.

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7. Fines are awarded in about six cases out of ten. 8. Probation involves that a probation officer will be living with the

offender over the period of time estimated initially. 9. The number of hours that can be imposed for community service

vary between 40 and 240 hours. 10. Irrespective of the number of hours, the community service has to

be completed within one year. II. Match the half-sentences in column A with the half-

sentences in column B to make complete and logical sentences.

A B 1. Almost all prisoners will be eligible

a. will leave prison after two.

2. A person on parole will have to remain in touch

b. doing unpaid physical work.

3. A convict sentenced to a years imprisonment will

c. if imprisonment or other punishment seems inappropriate.

4. Prisoners that are guilty of serious crimes will remain

d. he or she will be liable for the punishment imposed in the first place.

5. A prisoner sentenced to three yearss imprisonment

e. with a probation officer over the period of time estimated.

6. The less severe forms of punishment are:

f. for a remission of their initial sentence.

7. Community service involves

g. the offender may simply get away with a verbal warning.

8. Typical exemples of community service are

h. normally be released after eight months.

9. One of the trivial offences we can mention

i. to place a person under a legal obligation, such as one to keep the peace.

10. For a trivial offence, j. on parole for the rest of their lives.

11. If parole conditions are abused,

k. have to pay a fine at a second offence.

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12. Courts have the power to allow a convicted person to go free,

l. is drunk and disorderly behaviour.

13. If a person on parole is convicted for the same offence,

m. a fine, probation, or community service.

14. To bind over means n. painting an elderly persons house or building a playground for children.

15. If the offender fails to keep the peace, he or she will

o. the offender is liable to be recalled to prison.

III. Choose the correct meaning of the following expressions

selected from your text: 1. To be eligible for a remission means:

a) to deserve to be punished for a remission. b) to be unworthy or unfit for a remission. c) to have the right or proper qualification for a remission.

2. To be liable for punishment means: a) to be legally obliged or responsible for something and be

punished accordingly. b) to be suspected of an offence and be punished for it. c) to deserve a form of punishment.

3. To observe a condition (in the context of its use) means: a) to listen to a condition but not to respect it. b) to notice a condition carefully. c) to legally respect an official law.

4. To carry out a crime means: a) to bring to completion, to accomplish a crime. b) to be acquitted for a crime. c) to serve a sentence for committing a crime.

5. To bind somebody over means: a) to make sb. take an oath that he will respect the law. b) warn sb. that he will apear in court again if he breaks the law. c) to punish sb. for breaking the law.

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IV. Match the following words and expressions with their Romanian translation:

1. crime a. condamnat 2. offender b. pedeaps cu suspendare 3. remission c. delict, infraciune 4. parole d. incendiere premeditat 5. probation officer e. reducere de pedeaps, graiere 6. life sentence f. munc n interesul comunitii 7. community service g. ofier de poliie nsrcinat cu suprave-

gherea unei persoane eliberate condiionat 8. convict h. condamnare pe via 9. arson i. contravenient

10. suspended sentence j. eliberare condiionat V. Complete the following derivational pattern noun verb

noun, paying attention to the first example. Then translate the noun in the third column:

Noun Verb Noun 1. prison imprison imprisonment 2. empower 3. enforce 4. discourage 5. disengage 6. disfigure 7. displace 8. enact 9. enlist

10. impair VI. Select from the box below the legal terms that belong to

the class of FELONY (infraciune grav/act criminal) and those that belong to the class of MISDEMEANOUR (delict/infraciune minor). These two legal terms felony misdemeanour were known to have imposed two different forms of trial in England and Wales until 1967.

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

FELONY MISDEMEANOUR

armed robbery shoplifting

VII. Choose the correct version, looking the new words up in

the Glosarry: 1. Any witness shall take an oath that the .................. he/she is

about to give shall be the truth, the whole truth and nothing but the truth. a) confession b) testimony c) verdict d) statement

2. To .................... means to go or intrude on the property, privacy, or preserves of another with no right or permission. a) trespass b) forge c) break in d) burgle

3. .................. is defined as giving or promising to give a public official something of value with a corrupt intention to influence the official in the discharge of his or her official duty. a) Forgery b) Larceny c) Bribery d) Perjury

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4. ..................... is the false making or altering of any document that either has legal significance or is commonly relied upon in business transactions. a) Deceit b) Smuggling c) Corruption d) Forgery

5. Since the defendant did not have a criminal record, he got away with a small ........... . a) ransom b) punishment c) fine d) ticket

6. Many civilized countries have long abolished the death ......... a) penalty b) punishment c) conviction d) sentence

7. A threat of attack to another person, followed by actual attack which need amount only to touching with hostile intent is called ..................... a) rape b) assault and battery c) threat d) vandalism

8. The defendant was able to prove his innocence at the trial and was ..................... . a) absolved b) acquitted c) forgiven d) pardoned

9. The judge recommended more humane forms of punishment for juvenile ...................... a) convicts b) villains c) sinners d) delinquents

10. The police have to ................... the law, not to take it into their own hands. a) press b) break c) force d) enforce

VIII. Choose the correct version, paying attention to the use

of English tenses: 1. He ................... a solicitor for more than a year now.

a) was b) had been c) has been d) is 2. We ......................... for the verdict for almost two hours!

There must be something wrong. a) are waiting b) were waiting c) waited d) have been waiting

3. She .................... released on bail last week. a) has been b) was c) will be d) had been

4. ............ the jury .................. a verdict? a) Have ... reached b) Has ... reached c) Had ... reached

d) Did .... reach

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5. The leader of the gang ...... just ............ acquitted by the court of justice. a) has...been b) had...been c) was...been d) is ...

6. He was placed under investigation only after they .............. hard evidence against him. a) found b) had found c) has found d) finded

7. His sentence was by far more severe than everybody ............... a) expected b) was expecting c) had expected d) has expected

8. As soon as the jury .................. the verdict, the case was dismissed. a) had pronounced b) pronounced c) has pronounced d) pronounces

9. Everybody wondered why he ................. caught red-handed before. a) hasnt been b) wasnt c) hadnt been d) wouldnt be

10. The members of the jury ................. for hours when they finally reached a verdict. a) were deliberating b) deliberated c) have been deliberating

d) had been deliberating 11. She told me that she ..................... filing for divorce for a

long time. a) considered b) had been considering c) would consider

d) has been considering 12. I ......................... in a court of law since my parents filed for

a divorce. a) wasnt b) havent been c) wont be d) hadnt been

13. As soon as the search warrant ..................... they will be allowed to look for the documents. a) has been issued b) will be issued c) was issued d) had been issued

14. ................ his criminal record ..................... to the slightest detail? a) Was ___ checked b) Has ___ being checked c) Has ___ been checked d) Would ___ been checked

15. The suspect ............... under investigation long before the police found irrefutable evidence. a) was placed b) has been placed c) had been placed d) will be placed

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UNIT 3 THE EUROPEAN COURT OF JUSTICE

COMPOSITION AND STRUCTURE The reprezentatives of the member states did not by common

accord agree on the seat of the Court until 1992, when they were empowered to do so by Article 216 EEC. As a result, they took the decision that the Court of Justice should remain in Luxembourg. This rooting of the Court in Luxembourg is one factor in helping to give the Court a strong esprit de corps.

The Court of Justice consists of fifteen judges and nine advocates-general, who are appointed by common accord of the governments of the member states for a renewable term of six years. To be appointed to one of these offices a person has to either possess the qualifications required for appointment to the highest judicial offices in his or her respective countries or be jurisconsults of recognized competence. Although in strict law the judges and advocates-general could be of any nationality, in practice each member state will nominate one of its own nationals as a judge, and the five largest states France, Germany, Italy, Spain and the United Kingdom will each nominate an advocate-general. The remaining advocates-general are appointed by the smaller member states in accordance with a system of rotation. Belgium had an advocate-general from 1988 to 1994, Denmark from 1991 to 1997, Greece from 1994 to 2000 and Ireland from 1995 to 2000. A disadvantage of the rotation system is that no matter how outstanding the person is, it is impossible for him or her to be reappointed at the end of six years.

An odd number of judges is maintained in order to allow the full court to sit and to reach a majority decision. All decisions of the Court are signed by all the judges whether they were in the minority or the majority, so it is impossible to know whether the decision was reached by a bare majority or by unanimity.

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The Council has the power, acting unanimously on a request from the Court, to increase the number of judges and advocates-general. In the past the size of the Court was expanded upon the accession of new member states, but not on other occasions, to help it cope with extra business. The Court initially started with seven judges, expanded to nine in 1973 (accession of Denmark, Ireland and the United Kingdom), to eleven in 1981 (accession of Greece), to thirteen in 1986 (accession of Spain and Portugal) and to fifteen in 1995 (accession of Austria, Finland and Sweden).

The Court has coped with the increase in its workload in part by increasing the number of cases that it handles in a chamber rather than by a plenary session. The EEC Treaty always allowed the Court to form chambers consisting of three or five judges, but originally insisted that cases brought before the Court by a member state or by a community institution must be heard in plenary session.

The Court now has four chambers of three judges and two chambers of seven judges. Each chamber has a president, who is elected annually, and it seems that by convention the presidencies of the chambers rotate around all the judges apart from the President of the Court.

(Adapted from EC Law. The Essential Guide to the Legal Workings of the European Community, by Stephen Weatherill&Paul Beaumont)

I. Fill in the gaps with the missing words from the text:

1. Luxembourg is the seat of the actual ...................................... . 2. The members of the European Court of Justice are appointed by

the .................................................. . 3. ...................................... has the right to nominate one of its own

nationals as a judge. 4. Five advocates-general are appointed by .............................., while

the other four are appointed by ............................. . 5. The disadvantage of ........................ is that a member of the Court

of Justice cannot be reappointed at the end of six years. 6. How do we know whether a decision of the Court of Justice was

reached by a ......................... or by unanimity? 7. The Council has the power to increase the number of ...............

.............................. .

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8. The right of the Court to form chambers was granted by the .............................. .

9. The actual Court consists of .......................... of three judges and of ...................... of seven judges.

10. The president of a chamber is elected ........................, according to a rotation system.

II. Ask questions for the following answers; the first two

have been done for you as examples: Answer: In 1992 Question: When did the reprezentatives of the member states agree on the seat of the Court? Answer: Fifteen judges and nine advocates-general. Question: How many judges and advocates-general does the Court of Justice consist of ?

1. Answer: Six years.

Question: ______________________________________________

2. Answer: France, Germany, Italy, Spain and the United Kingdom. Question: ______________________________________________

3. Answer: From 1988 to 1994.

Question: ______________________________________________

4. Answer: Denmark Question: ______________________________________________

5. Answer: In order to allow the full court to sit and to reach a

majority decision. Question: ______________________________________________

6. Answer: All the judges.

Question: ______________________________________________

7. Answer: Upon the accession of new member states. Question: ______________________________________________

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8. Answer: Seven. Question: ______________________________________________

9. Answer: Austria, Finland and Sweden. Question: ______________________________________________

10. Answer: Six chambers of judges. Question: _____________________________________________

III. Translate the following sentences into Romanian, paying

attention to the words in italics: 1. This rooting of the Court in Luxembourg is one factor in helping

to give the Court a strong esprit de corps. ________________________________________________________ ________________________________________________________ 2. To be appointed to one of these offices a person has to either

possess the qualifications required for appointment to the highest judicial offices in his or her respective countries or be jurisconsults of recognized competence.

________________________________________________________ ________________________________________________________ ________________________________________________________

3. A disadvantage of the rotation system is that no matter how

outstanding the person is, it is impossible for him or her to be reappointed at the end of six years.

________________________________________________________ ________________________________________________________

4. All decisions of the Court are signed by all the judges whether

they were in the minority or the majority, so it is impossible to know whether the decision was reached by a bare majority or by unanimity.

________________________________________________________ ________________________________________________________ ________________________________________________________

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5. The Court has coped with the increase in its workload in part by increasing the number of cases that it handles in a chamber rather than by a plenary session.

________________________________________________________ ________________________________________________________

IV. Find the synonymous terms (right column) for the expressions extracted from the text above (left column):

1. by common accord 2. as a result 3. in strict law 4. in accordance with 5. no matter how 6. apart from 7. on request

a. according to b. irrespective of c. on demand d. except for e. therefore f. by rule g. regardless of h. consequently i. by convention j. by common agreement

V. Read the following expressions and their equivalent Romanian translations and then use them to complete the gapped sentences:

1. to be appointed to an office = 1. a fi numit ntr-o funcie/poziie 2. to be elected = 2. a fi ales 3. to sit = 3. a fi n edin, a se ntruni 4. to convene a meeting/session = 4. a convoca o ntrunire/edin 5. to convene a person before trial/ to summon sb. =

5. a cita o persoan s se prezinte la tribunal

6. to run for a post/an office = 6. a-i depune candidatura pentru un post/funcie

7. to stand for Parliament = 7. a candida pentru Parlament 8. to dissolve Parliament = 8. a dizolva Parlamentul 9. to hear a case/a witness = 9. a audia un caz/un martor 10. to dismiss a case = 10. a declara un caz nchis

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1. The Minister of Justice is going to ................... presidency. 2. The debtor was .................... to appear before the magistrates. 3. The judges and advocates-general are .................. by the

governments of the member states. 4. The manager of the company has ................ an urgent meeting

with the shareholders. 5. James was ............... chairman by a majority of 25 voters. 6. The Court is now ................ in plenary session. 7. I do not think that his qualifications recommend him to .................

Parliament. 8. This case is far too important to be ............... in a chamber. 9. Who has the authority to ............... Parliament?

10. The Court ............... the case due to lack of hard evidence. VI. Choose the correct version, looking the new words up in

the Glosarry: 1. She will soon ................. trial for the part she played in the

recent robbery. a) give b) perform c) make d) stand

2. Detectives are said to be ....................... into the causes of the recent fire. a) looking b) investigating c) checking d) searching

3. The victim ............... the law into her own hands by killing her attacker. a) took b) seized c) grabbed d) put

4. Ted Bundy was a hardened criminal who showed no .................. for his crimes. a) penance b) pity c) remorse d) reproach

5. His sentence has been commuted to six months on the ................ of failing health. a) bases b) causes c) grounds d) reasons

6. He was convicted to 10 years of prison and ................. of his property. a) confiscated b) denied c) removed d) deprived

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7. If you cant resolve the dispute, it will have to be settled by....................... a) arbitration b) court c) election d) referee

8. All his friends thought he was guilty, but no one could ................ anything against him. a) accuse b) ensure c) point d) prove

9. As the result of a police ............. on the disco, twenty teenagers were arrested. a) invasion b) raid c) intrusion d) entry

10. As he didnt have a criminal ............., the judge sentenced him to 50 hours of community work. a) case b) file c) record d) dossier

VII. Choose the correct version, paying attention to the use

of English tenses: 1. By the time you reach the Court, he ........................... released

on bail. a) had been b) will have been c) has been d) was

2. While the people ......................... for the verdict, the judge was talking to the defendant about the weather. a) had been waiting b) are waiting c) were waiting d) wait

3. Right now I think I am ....................... . Come and pick me up! a) followed b) being followed c) been followed d) following

4. He ....................... down a street near his home when he was kidnapped. a) walked b) was walking c) had been walking d) is walking

5. One of the kidnappers ................ to kill him while they were driving away. a) threatens b) threteaned c) is threatening d) had threthened

6. How long ago ....... you .......... an appeal? a) did ... made b) had ...made c) did ... make d) were ... made

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7. I saw you yesterday, while you ................... that famous criminal. a) were defending b) defended c) had been defending d) defending

8. The witnesses were still being heard when I ............. the court of law. a) left b) leaved c) was leaving d) had left

9. She told me that she ..................... filing for divorce for a long time. a) considered b) had been considering c) would consider

d) has been considering 10. This time tomorrow they .................... the witness.

a) will cross-examine b) would cross-examine c) will be cross-examining d) are cross-examining

11. By the end of this year he ........................ ten years in prison. a) will be spending b) will spend c) will have spent d) has spent

12. We knew that the defendant .............. to do such a thing. a) will never be able b) are never able c) would never be able

d) can never 13. They said that the new constitution ....................... soon.

a) would be voted b) will be voted c) would vote d) is voted 14. By this time next year, he ..................... his prison sentence.

a) would have served b) will have served c) will serve d) is serving 15. The criminal ....................... to trial if there is enough

evidence against him. a) would be brought b) will have been brought c) will be brought

d) was brought

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UNIT 4 INSTITUTIONS OF THE COMMUNITY

Section 4 The Court of Justice Article 170 A Member State which considers that another Member State has

failed to fulfil an obligation under this Treaty may bring the matter before the Court of Justice.

Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this Treaty, it shall bring the matter before the Commission.

The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other partys case both orally and in writing.

If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court of Justice.

Article 171 1. If the Court of Justice finds that a Member State has failed to

fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgement of the Court of Justice.

2. If the Commission considers that the Member State concerned has not taken such measures it shall, after giving that State the opportunity to submit its observations, issues a reasoned opinion specifying the points on which the Member State concerned has not complied with the judgement of the Court of Justice.

If the Member State concerned fails to take the necessary measures to comply with the Courts judgement within the time-limit laid

33

down by the Commission, the latter may bring the case before the Court of Justice. In so doing it shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances. If the Court of Justice finds that the Member State concerned has not complied with its judgement it may impose a lump sum or penalty payment on it. This procedure shall be without prejudice to Article 170.

(Blackstones EC Legislation, Edited by Nigel G. Foster) I. Match the new expressions (from the text above) in column

A with their Romanian equivalents in column B:

A B 1. to fulfil an obligation = a. a nu prejudicia 2. to bring a matter before = b. a mpiedica/a nu permite 3. to bring an action against sb. = c. a prevedea/stabili/specifica 4. an alleged infringement of an obligation =

d. a ndeplini o obligaie

5. to deliver a reasoned opinion = e. a impune o plat forfetar sau o amend

6. to be given the opportunity = f. a se conforma/a respecta 7. to submit a case to = g. a supune o problem ateniei 8. to prevent smth. from + v-ing = h. a transmite o opinie ntemeiat 9. to comply with = i. a intenta un proces cuiva 10. to lay (laid, laid) down = j. a supune un caz spre examinare 11. to impose a lump sum or a penalty payment =

k. o presupus nclcare/violare a unei obligaii

12. to be without prejudice to = l. a i se da ansa II. Complete the following sentences with logical and correct

phrases; the first one has been done for you:

Example: If he refuses to fulfil his obligation, he If he refuses to fulfil his obligation, he will have to be fired

immediately.

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1. I think that you . before bringing this matter before the Court of Justice.

2. If my neighbour , I shall bring an action against him.

3. The infringement of copy-right .. . 4. After hearing his reasoned opinion, we 5. All I need is to be given the opportunity to 6. What . in order to

submit this case to your commission? 7. The new legislation prevented him from . 8. You have to .. to compy with

the second clause in our contract. 9. According to article 170, laid down by the

.. 10. Which is the heaviest penalty that . 11. Make sure that you respect the law, without any prejudice to

. III. Form collocations (regular combinations of words) by

filling in the following collocational grids; check the correctness of collocations using a legal dictionary:

breach (of) = infraciune, violare, nclcare (a unei convenii) violation (of) = violare, abuz, nclcare, contravenire (la o regul) infringement of = infraciune, violare, abuz, nclcare, reproducere ilicit to break (the law) = a nclca (legea), a nu respecta

contract copy-right a treaty (the) peace

trust sbs privacy

promise

breach of 9 violation of infringement of to break (a/an)

the

highway code

law human rights

patents confidence sbs liberty

protocol

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

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IV. Choose from the collocations in exercise III. the English equivalents for the following Romanian expressions and then use them in your own sentences:

abuz de ncredere = ________________ nclcarea ordinii publice = ________________ violarea secretului = __________________ reproducere ilicit a dreptului de autor = _______________________ reproducere ilicit de brevete = _______________________________

V. Choose the correct version, looking the new words up in

the Glosarry: 1. The woman sitting in the witness ............ will certainly

commit perjury. a) box b) stand c) seat d) bench

2. A .............. will be appointed to investigate the violent and suspicious death of the teenager. a) prosecutor b) doctor c) coroner d) judge

3. He was caught ..................... stealing money from the cash-box. a) red-handed b) heavy-handed c) light-fingered d) heavy-set

4. You cant have burgled the house alone, so who was your ............... ? a) ally b) accomplice c) assistant d) associate

5. Wilkinson is alleged to have ................... a number of serious crimes. a) done b) made c) committed d) discharged

6. I object, Your Honour, the lawyer is ................. the witness! a) harassing b) intimidating c) offending d) leading

7. The man jumped out of the window and committed ................ a) death b) homicide c) murder d) suicide

8. The police said there was no sign of a .......... entry even though the house had been burgled. a) broken b) burst c) forced d) smashed

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

10. Is the defendant going to ............ guilty or not guilty? a) plead b) play c) appeal d) appear

11. Mr. Johnson was .............. fifty pounds for drinking and driving. a) charged b) fined c) ordered d) penalized

12. As it was her first offence, the judge gave her a ............... sentence. a) kind b) lenient c) severe d) tolerant

13. I ............... to say anything unless I am allowed to speak to my lawyer. a) deny b) neglect c) refuse d) resist

14. The new harassment law comes into ............... on September 15. a) force b) condition c) date d) power

15. He was charged .............. assault and battery and taken to prison. a) of b) with c) on d) in

VI. Choose the correct version, paying attention to the use of

Modal Verbs: 1. Judges ............ never take bribe from the defendants.

a) should b) must c) can d) will 2. The window is broken; the intruder ............... tried to get into

their bedroom. a) can have b) should have c) would have d) must have

3. He was innocent! They ................. have taken him into custody! a) shouldnt b) mustnt c) neednt d) cant

4. He ................ have committed the crime! He was immobilized in bed at that time! a) mustnt b) couldnt c) wouldnt d) shouldnt

5. I am sorry you didnt ask for help; I ....................... introduced you to my lawyer. a) cant have b) must have c) could have d) was able to

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6. The legislation says that the judges ........................ immune from legal proceedings. a) shall be b) will be c) should be d) must be

7. A judge ................... of his office if he no longer fulfils the legal conditions. a) can be deprive b) must deprive c) may be deprived

d) may been deprived 8. This procedure ........... be without prejudice to Article 170.

a) will b) shall c) must d) can 9. You submitted the case to a higher court! The

verdict was in your favour! a) couldnt have b) mustnt have c) neednt have d) may not

10. Any Member State .......... comply with the judgements of the European Court of Justice. a) shall b) must c) will d) have to

VII. The main functions of Modal Verbs have been indicated

in the box below. Identify each function illustrated in the following sentences:

present /past ability inability possibility remote possibility impossibility permission obligation absence of obligation necessity prohibition logical assumption (affirmative) logical assumption (negative) advice criticism requests offers suggestions regulations

Example: The Court of Justice shall have jurisdiction in any dispute between Member States. regulations

1. The parties to the proceedings may appeal to the Court of Justice.

____________ 2. He couldnt testify against an innocent man. ______________ 3. I need to find a very good lawyer to get me out of prison.

_______________ 4. He couldnt have been convicted to capital punishment; he was

just a pickpocket. _____________

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5. The Home Secretary must have advised the Queen on that important matter. ___________

6. He should have asked for legal aid when he needed it. _______________

7. Can you tell me what papers I have to fill in ? ________________

8. You should bring him to trial before he commits more criminal acts. __________

9. Shall I assist you in this matter? _________________ 10. We should all vote for or against this new provision. ________

____________ 11. May I be excused now ? ________________ 12. He might have tried to bribe the judge, but I doubt it. _______

______________ 13. Both parties have to respect the binding agreements of this

contract. ____________ 14. She cant have broken her promise to give herself in.

_______________ 15. The young lawyer was able to come up with a new idea to rest his

case. ________ 16. The members of the jury dont have to recess for deliberation if

the verdict is obvious. _______________ 17. You mustnt smoke in hospitals and airports. _____________

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UNIT 5 DAILY TELEGRAPH

I. Read the following texts and choose the corresponding

headline for each of them:

12 years for thief who left 7m IOU Valentine killer given life in jail Life sentence for double rapist

Pc faces jail for sex assaults __________________________ A financial adviser who stole 10 million from 84 mainly elderly

private investors and the Halifax bank to feed his gambling habit was jailed for 12 years yesterday.

Graham Price, 58, of Llansamlet, near Swansea, an agent for the Halifax and a consultant, was caught when the IOU for 7 million he had left in a safe was found. He admitted 43 theft charges.

Swansea Crown Court was told that Price told detectives he believed he needed one more week of gambling on horses to get the money back.

Note: IOU (abbr of I owe you) = signed paper acknowledging that one

owes the sum of money stated Crown Court = a court of criminal jurisdiction holding sessions in

towns throughout England and Wales at which circuit judges hear and determine cases

__________________________ A policeman who used his warrant card to lure women into his

car so he could sexually assault them was warned yesterday that he faced prison.

Amir Butt, 24, of Watford, offered a lift home to women who had been drinking and become separated from their friends. He was

40

found guilty on two charges of sexual assault at Luton Crown Court and will be sentenced at a later date.

Note: Pc abbr of police constable (policeman)

__________________________ A former soldier became a rapist after service in the Gulf war

changed his personality, a court was told yesterday. Lee Walker, 32, of Wythenshawe, Manchester, was jailed for

life at Minshull Street Crown Court after pleading guilty to rape. He was sentenced to five years for a second case of rape.

__________________________ A man who murdered his fiance after a row over doing the

laundry was told yesterday that he would serve at least 16 years in prison. Paul Dyson, 31, was given a life sentence for what a judge

described as the unspeakably evil deed of strangling Joanne Nelson, 22, on the eve of St Valentines Day, in Hull.

He dumped her body 100 miles away before making tearful television appeals for her to get in touch.

Hull Crown Court heard that Dyson slashed his wrists and wrote sorry in blood on his cell wall three days ago.

Passing sentence, Judge Tom Cracknell told Dyson: You executed a well thought-out plan without pity, except self pity, without remorse.

The judge said the television appeal was breathtaking and nauseating hypocrisy, adding: You led her family to think there might be some hope when there was none.

Miss Nelsons body was found after 39 days. (The Daily Telegraph, Wednesday, November 9, 2005)

II. Say whether the following statements are true (T) or false

(F); when the sentences are false, correct them as in the following example: Example: Lee Walker was sentenced to 12 years for two cases of rape. F Correction: Lee Walker was sentenced to five years for a second case of rape.

41

1. Paul Dyson was given a life sentence for a double rape. __ 2. Amir Butt was a 24-year-old policeman who sexually assaulted

women in his car. __ 3. Graham Price stole 15 million from 84 mainly elderly private

investors. __ 4. Lee Walker was a former soldier fighting in the Gulf war. __ 5. Paul Dyson committed suicide in prison, after he was convicted.

__ 6. When brought before justice, Graham Price rejected all theft

charges. __ 7. Amir Butt offered a lift home to women who left their office too

late to catch the bus. __ 8. Paul Dysons fiance was called Joanne Nelson and was 22 yeards

old. __ 9. Paul Dyson killed his fiance on Christmas Eve, by stabbing her

to death. __ 10. Graham Price had no connection whatsoever with the Halifax

bank. __ 11. Paul Dyson appeared on TV and offered a generous ransom for

his fiances possible kidnappers. __ 12. Amir Butt used his warrant card to lure women into his car. __ 13. Graham Price was caught when his IOU for 7 million was found

in a safe. __ 14. Judge Tom Cracknell congratulated Dyson on his well thought-out

plan of murdering his fiance in cold blood. __ 15. Graham Price became a bank robber because he needed money for

his fiances surgery. __ III. Pair-work: Take turns in answering your colleagues

questions by scanning the texts for information:

1. Who was Graham Price and what was he charged with? ________________________________________________________ 2. What jail sentence did Graham Price receive? ________________________________________________________ 3. What did Graham Price need the stolen money for? ________________________________________________________

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4. How old was Amir Butt and what did he do? ________________________________________________________ 5. What was Amir Butt found guilty of? ________________________________________________________ 6. How did Lee Walker plead when he stood trial? ________________________________________________________ 7. What sentence did Lee Walker receive? ________________________________________________________ 8. How did Paul Dyson dispose of his fiances body? ________________________________________________________ 9. How did Paul Dyson die? ________________________________________________________ 10. When was Miss Nelsons body found? ________________________________________________________

Remember the Passive Voice IV. Read the chart below to see how the active to passive

transformation works for the main verbal tenses: VERBAL TENSES ACTIVE VOICE PASSIVE VOICE

Present Tense Simple charge am/is/are charged Present Tense Continuous is/are examining is/are being examined Past Tense Simple sentenced was/were sentenced Past Tense Continuous was/were interrogating was/were being interrogatedPresent Perfect has/have found has/have been found Past Perfect had released had been released Future Tense Simple will/shall include will/shall be included Future Perfect will/shall have admitted will/shall have been admittedConditional would reject would be rejected Perfect Conditional would have arrested would have been arrested Gerund practising being practised Long Infinitive to convict to be convicted Perfect Infinitive to have committed to have been committed

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V. Put the verbs in brackets into the passive voice of the tense indicated:

Example: A value added tax (VAT) rate of 25 per cent ....................... (apply Past Tense Simple) to wine in Belgium. A value added tax (VAT) rate of 25 per cent was applied to wine in Belgium.

1. This case . (decide Present Perfect) against

Belgium. 2. The notion of protection (illustrate Future

Tense Simple) in the next paragraph. 3. A charge that . (catch Present Tense Simple) by

Article 12 is unlawful. 4. The matter . (judge Past Tense Simple) in the light

of Article 95. 5. The repayment to an exporter of a sum exceeding the internal duty

(prohibit Present Tense Simple) by Article 96. 6. Taxing exports at a lower rate than domestic products

. (consider Present Perfect) a discriminatory practice.

7. The terms of the contract .. already (discuss Past Perfect) before the two parties signed it.

8. The main witnesses in the murder case still .. (hear Past Tense Continous) by the judge when the politician made a press release.

9. The two diplomats .. now . (escort Present Tense Continous) to the American Embassy.

10. Six bomb attacks seem (report Perfect Infinitive) in London for the last 10 hours.

11. A new warning . (issue Future Tense Simple) for the refugees to leave the camp immediately.

12. More funds . (allocate Perfect Conditional) to the Ministry of Justice if the government had voted the new budget law.

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VI. Change the following sentences from Active Voice into Passive Voice; the underlined direct objects will become the subjects of the passive sentences: Example: This Article entitles the holder of intellectual property rights to financial compensations. The holder of intellectual property rights is entitled to financial compensations by this Article.

1. They all considered that the Court of First Instance had used

Article 86 improperly. They all considered that Article 86 by

2. The Court will take measures to reconcile the incompatibility of national property rights with the pursuit of economic integration. Measures..............................................................................................

3. Smith Drug Pharmaceuticals had patented a drug called Negram under British law. A drug called Negram ............................. under British law by

4. The Commission rejected this Article on the grounds of unjustified discrimination. This Article .. by ..

5. The members of the Jury were still deliberating upon the matter of reasonable doubt. The matter of reasonable doubt still . by

6. The client has just dropped all charges against the advertising agency that did not respect its deadlines. All charges ........................... ...

7. Any lawyer grants the benefit of the doubt even to a hardened criminal. The benefit of the doubt .. Even a hardened criminal

8. The Court dismissed your appeal due to lack of further evidence. Your appeal .

9. The members of the family will definitely contest this will. This will by .

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10. They wouldnt have closed that controversial file if they had found at least one eye witness to testify. That controversial file if at least one eye witness .

VII. Choose the correct version by paying attention to the use of Passive Voice:

1 Many houses in this area into by burglars. a) have been being broken b) have been broken c) are been broken

d) have being broken

2. A photofit picture of the wanted man ....................... last week. a) had been issued b) was issuing c) was issued d) has been issued

3. After the verdict ............................., the case ............................ by the judge. a) had been pronounced, was dismissed b) will be pronounced, will be dismissed c) will have been pronounced, has been dismissed d) has being pronounced, will be dismissed

4. He ........ just ....................... with sexual assault on a six-year-old boy. a) was.....charged b) had......been charged c) has......been charged

d) has ...... be charged

5. He ........................... to 100 hours of community work only because he was at his first offence. a) have been sentenced b) was sentenced c) will be sentenced

d) had being sentenced

6. Before ....................... of breach of trust, the lawyer ..... also ....................... with perjury in a divorce case. a) been accused, was ..... charged b) being accuse, has ..... been charged c) being accused, had .... been charged d) being accused, was .... been charged

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7. Choose the correct passive form of the following active sentence: The Commission has just appointed the new President of the European Court of Justice. a) The new President of the European Court of Justice had just been

appointed by the Commission. b) The new President has just been appointed by the European Court

of Justice. c) The Commission has just been appointed to vote the new

President of the European Court of Justice. d) The new President of the European Court of Justice has just been

appointed by the Commission.

8. Choose the correct passive form of the following active sentence: The members of the European Parliament were still debating the issue of competition law at that point. a) The issue of competition law was still debated at that point by the

members of the European Parliament. b) The issue of competition law was still debating at that point the

members of the European Parliament. c) The issue of competition law was still being debated at that point

by the members of the European Parliament. d) The members of the European Parliament were still being debated

by the issue of competition law.

9. Choose the correct English translation for the following Romanian passive sentence: Nu s-a ajuns nc la nici o concluzie cu privire la noua lege a adopiei. a) No conclusion hasnt yet been reached regarding the new adoption

law. b) No conclusion has yet been reached regarding the new adoption law. c) No conclusion was reached yet regarding the new adoption law. d) Yet, no conclusion is reached regarding the new adoption law.

10. Choose the correct equivalent sentence for the following: People say that Mr. Johnson had business difficulties in the past. a) Difficulties are said to have been had by Mr. Johnson in the past. b) Mr. Johnson is said to having had business difficulties in the past. c) Mr. Johnson is said to have had business difficulties in the past. d) It is said that Mr. Johnson has had business difficulties in the past.

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UNIT 6 DAILY TELEGRAPH

Iraqi Jailed Over British Aid Worker Killing

1. Life in prison for the abetter of Margaret Hassans kidnappers C An Iraqi man has been sentenced to life in prison in connection

with the murder of Margaret Hassan, the British aid worker abducted and killed in Iraq in 2004. Mustafa Salman was charged with aiding and abetting the kidnappers. Two other defendants in the case were freed.

2.

The judge said Salman had received a plastic bag from an associate who asked him to hold on to it. Four months later Iraqi security forces raided Salman's home and found Mrs Hassan's purse and documents in the bag.

3.

Today's sentence is the first handed down in connection with the abduction or killing of a foreign-born civilian in Iraq. More than 200 foreigners and thousands of Iraqis have been kidnapped since the US-led invasion in 2003, and over 40 have been killed.

4.

Born in Dublin, 59-year-old Mrs Hassan had British, Irish and Iraqi nationality and had lived in Iraq for 30 years with her Iraqi husband. The CARE International head was taken hostage in October 2004 while travelling to work in Baghdad. She appeared in a video appealing for the British forces to withdraw from Iraq, but was killed just under a month later. Her body has never been found, and no group has claimed responsibility for her death.

48

5.

Her family has implored Foreign Secretaries Jack Straw and Margaret Beckett, as well as the Foreign Office, to question the suspects about the location of Mrs Hassan's remains. They have refused this request even though this is the only way that Margaret's remains will be found and we can bring her home to be buried with the dignity she deserves., they said.

6.

Yesterday her family said that, during her captivity, the kidnappers made four calls to her Iraqi husband Tahseen in Baghdad, demanding to speak to a member of the British Embassy. But the British told him they would not speak to the hostage-takers.The Foreign Office confirmed that Mrs Hassan's husband was called from her phone by someone claiming to be holding her, but said they had been unable to confirm the claims.

7.

Deidre, Geraldine, Kathryn and Michael Fitzsimons said in a statement released yesterday: We believe that the refusal by the British Government to open a dialogue with the kidnappers cost our sister her life.

8.

During her kidnap, in which video recordings of her pleading for her life were released, officials were keen to distance her from the British Government and emphasise her charity work in Iraq. Our strategy was one of personalisation and localisation, minimising the links between Mrs Hassan and the UK, a Foreign Office spokesman said. We understand her family having criticisms of the Government approach and we remain in regular contact with them.

(The Daily Telegraph, Monday, June 5, 2006)

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I. Choose from A to H the sentence that best summarises each paragraph (1-8) of the article above and insert them in the boxes preceding each paragraph. The first one has been done for you: A. Justice at work the first sentence against an Iraqi hostage-taker B. The British Embassy refuses any communication with Iraqi hostage-takers. C. Life in prison for the abetter of Margaret Hassans kidnappers D. The British Governments strategy of assuming political distance E. Finding evidence against Mustafa Salman F. Iraqi citizen killed due to her British nationality? G. Margaret Hassans family blame the British Government for her death. H. The British authorities fail to comfort the grieved family.

II. For questions 1-5, choose the answer (A, B, C or D) which

you think fits best according to the test; sometimes more than one option may be valid: 1. Why did Mustafa Salman keep Margaret Hassans purse and documents in his house?

A. He wanted to ask Margarets family for a ransom. B. The purse contained valuable possessions that he intended to sell. C. Margaret Hassans purse and documents had been placed under

his care. D. Mustafas associates threatened to kill him if he didnt take them.

2. Why was Margaret Hassan allowed to appear in a video? A. Her appeals might have determined the British forces to withdraw

from Iraq. B. The hostage-takers wanted to offer a proof of life to her family. C. The hostage-takers wanted to negociate a ransom with the British

Government. D. That was the last chance she had to save her life.

3. Why did the kidnappers make contact with her Iraqi husband? A. They wanted to negociate the ransom for Margarets release. B. They needed an intermediary to establish a contact with the

British Embassy. C. They wanted Margarets family to put some pressure on the

British Government. D. They wanted to put Margarets future execution down to the

British Government.

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4. Why did the British Government refuse to open a dialogue with the kidnappers?

A. The British Government no longer considered Margaret Hassan a British citizen.

B. The British Government didnt want to give in to an Iraqi technique of political manipulation.

C. The British Government chose to distance itself from any acts of Iraqi terrorism.

D. Opening a dialogue with the kidnappers meant withdrawing military forces from Iraq.

5. Margarets family criticisms of the British Government approach were directed at

A. the British Government refusal to pay the ransom requested by the kidnappers.

B. the British Government strategy of minimising the links between Mrs Hassan and the UK.

C. the British Government refusal to open a dialogue with the kidnappers.

D. the British Government refusal to withdraw the military forces from Iraq. III. Match the linking words/phrases in column A with their

corresponding parts in column B: A B

1. According to the latest statistics,

a. more measures will be taken in convicting terrorists.

2. Due to the hard evidence found in his house,

b. to open dialogues with the kidnappers of their citizens.

3. Up to a point, the kidnappers seemed interested in

c. more than 200 foreigners and thousands of Iraqis have been kidnapped and over 40 killed since the US-led invasion in 2003.

4. As a general rule, the Government is not supposed

d. there should be some hidden political agenda related to his/her kidnapping.

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5. Despite the fact that Margarets appeals could have been her last,

e. Mustafa Salman could be taken into police custody.

6. To put it briefly, f. the British Government didnt take any military or political action.

7. I am inclined to believe that from now on,

g. but a terrorist way of negociating military and political issues.

8. The hostage-takers didnt obtain what they wanted, consequently,

h. establishing a contact with the British Embassy.

9. It is my firm belief that hostage-taking is nothing

i. Margaret was another vitctim of Iraqi terrorism.

10. That is to say, if a citizen of a certain nationality is kidnapped,

j. they executed the useless hostage.

IV. Choose the correct preposition:

1.Terrorists resort .. violence as a political weapon. a) at b) to c) on d) into 2. The unknown foreigner carried . a bombing in the centre of Paris. a) out b) in c) round d) on 3. How should Governments deal terrorist attacks? a) on b) without c) with d) about 4. The Iraqi citizen had been suspected . many offences before. a) about b) in c) with d) of 5. Who was held responsible . the journalists death? a) for b) of c) about d) on 6. The home-made bomb may have been destined .. the recruits. a) to b) for c) at d) upon 7. The Palestinian blew himself . in a crowded bus. a) out b) in c) up d) against 8. The terrorist attack coincided . an important religious celebration. a) with b) to c) on d) into

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9. The attack, attributed ... a new terrorist group, had many casualties. a) with b) on c) to d) up to 10. How can the government prevent journalists endangering their lives? a) for b) to c) against d) from 11. I am sure that this is one of the exceptions the rule. a) of b) to c) from d) with 12. The Ministry of Defence has laid .. strict procedures for this kind of situation. a) on b) down c) up d) out 13. Quite from this problem, can such tests predict what the future holds in store for us? a) aside b) apart c) away d) out 14. I generally agree . you, but I strongly object .. your behaving so rudely. a) to, to b) with, to c) to, at d) with, with 15. He pleaded guilty .. manslaughter after trying to escape from police custody. a) of b) to c) against d) for 16. The lorry belonged . an ex-convict that rented land on Smiths Farm, in Northolt, west London. a) with b) to c) of d) in 17. Both men were meant to be . surveillence at the time of the killing. a) on b) above c) under d) below 18. Another person at the scene said that children were . the hostages taken by the gunmen. a) between b) among c) within d) inside 19. This prisoner is not .. our jurisdiction. We have to call the district authorities. a) above b) below c) under d) on 20. He draws evidence for his claim .. Court history. a) from b) out of c) within d) with

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UNIT 7 HOME CONFINEMENT

Arrested and charged with possession of a controlled substance

with intent to distribute, William, a 30-year-old man with a history of substance abuse, awaits his day in court, which is 3 months away.

Meanwhile, William must remain at home, except for a few select activities. During the week, he leaves the house for his job as a welder at precisely 7 a.m. and returns home no later than 5 p.m. He attends the 7 p.m. meeting of Narcotics Anonymous at the local library every Thursday. He grocery shops at 2 p.m. every Saturday and goes to church always attending the 10 a.m. service every Sunday.

William is not just on a rigid schedule, he is under home confinement. Instead of sending him to jail, the court decided to release him to the community on the condition that he remain at home except for certain approved activities. His presence in his home and his absences from it are monitored electronically by an ankle bracelet he wears 24 hours a day.

A Supervision Tool Home confinement is a tool that helps U.S. probation and

pretrial services officers supervise, or monitor, defendants and offenders in the community. In the federal courts, home confinement is not a sentence in and of itself but may be a condition of either probation, parole, supervised release, or pretrial release. A person placed under home confinement is confined to his or her residence, usually linked to an electronic monitoring system, and required to maintain a strict daily activity schedule. When the person is allowed to leave home, and for what reasons, is determined case by case.

Home confinement's purpose depends on the phase of the criminal justice process in which it is used. In all cases, it is a means to restrict a person's activity and to protect the public from any threat the person may pose. In pretrial cases, home confinement is an alternative to detention

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used to ensure that defendants appear in court. In post-sentence cases, home confinement is used as a punishment, viewed as more punitive than regular supervision but less restrictive than imprisonment. Courts may use home confinement as a sanction for persons who violate the conditions of their supervision. Also, the Federal Bureau of Prisons may use it for inmates released to serve the last part of their sentence under the supervision of U.S. probation officers.

Officers screen defendants and offenders to determine eligibility for the home confinement program. Certain categories of serious or repeat offenders are not allowed to participate. Prior criminal record, history of violence, and medical and mental health conditions and needs are factors that officers carefully consider. Previous failures on supervision, risk to the public that the person presents, third-party risk (such as previous incidents of domestic violence in the household), and the person's willingness to participate are considerations as well.

Close supervision by officers is a crucial component of the home confinement program. The officer's job is demanding, time consuming, and sometimes dangerous. It requires frequent phone calls to make sure participants are adhering to their approved schedules; frequent unannounced, face-to-face visits; and 24-hour, 7-day response to alerts from the monitoring center.

I. Make sure you understand the meaning of the legal terms in column A by matching them with their definitions in column B:

A B 1. probation a. The release of a person who has been

arrested and charged with a federal crime while he or she awaits trial; a pretrial services officer supervises the person in the community until he or she returns to court.

2. parole b. One of a number of people living together, especially in a hospital, prison or some other institution.

3. supervised release c. The penalty laid down in a law for contravention of its provisions.

4. pretrial release d. Custody or confinement, especially of a suspect awaiting trial.

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5. detention e. Instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

6. sanction f. A term of supervision served after a person is released from prison; it does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison.

7. inmate g. The release of a prisoner before his sentence has expired, on the condition that he is of good behaviour.

II. Say whether the following statements are true (T) or false

(F); when the sentences are false, correct them: 1. Community Service is a special condition imposed by the court

that requires an individual to work without pay for a civic or nonprofit organization. ___

2. When a parolee is released to the community, he or she is no longer placed under the supervision of a U.S. probation officer. ___

3. During the probation period, an individual is supervised by a probation officer. ___

4. A supervised release replaces a certain portion of the sentence of imprisonment. ___

5. In post-sentence cases, home confinement is seen as more punitive than imprisonment. ___

6. A person who violates the conditions of his/her supervision may be sanctioned to home confinement. ___

7. All categories of offenders are allowed to participate in the home confinement program. ___

8. Home confinement may include the use of electronic monitoring equipment. ___

9. The only cases when a person placed under home confinement is allowed to leave home are work and medical appointments. ___

10. The judges determine if offenders are eligible for the home confinement program. ___

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

A B C Verbs Nouns: -ance, -ion,

-ment, -al, -er Adjectives: -ed, -ing,

-able, -ive 1. to punish punishment, punisher punished, punishable, punishing 2. to confine 3. to sentence 4. to release 5. to complete 6. to monitor 7. to possess 8. to select 9. to attend

10. to approve 11. to defend 12. to supervise 13. to restrict 14. to require 15. to consider

IV. Use the words given in capitals at the end of lines to form

a word that fits in the space in the same line; there is an example on the first line:

Electronic Monitoring In most cases, U.S. probation and pretrial services officers use electronic monitoring in supervising persons placed under home confinement. The individual wears a tamper-resistant . on the ankle or wrist 24 hours a day. The transmitter emits a radio signal that is detected by a /dialer unit connected to the home phone. When the transmitter comes within range of the receiver/dialer unit, that unit calls a monitoring center to indicate that the person is in range, or at home. The person must stay within 150 feet of the receiving unit to be in range. The transmitter and the receiver/dialer unit work together to detect and report the times the person enters and exits his or her home.

MONITOR TRANSMIT FREQUENT RECEIVE CONSIDER

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V. Choose the correct plural form of the following nouns to complete the sentence: 1. We need a negotiator to talk to the . . a) hostages-takers b) hostage-takers c) hostags-takers 2. Many . have been issued this week. a) search warrants b) searches warrants c) searchs warrants 3. The will be punished sooner or later. a) laws-breakers b) lows-breakers c) law-breakers 4. The number of .. in our city has been doubled this year. a) holds-ups b) hold-ups c) helds-ups 5. Two .. have been accused of perjury. a) woman-diplomats b) women-diplomats c) womans-diplomats 6. My beloved ., your claims will soon be solved. a) fellow-citizens b) fellows-citizens c) felows-citizens 7. My have been charged with indecent exposure. a) sisters-in-laws b) sister-in-law c) sisters-in-law 8. These are the result of hard work. a) analysis b) analyses c) analises 9. Which are the . used in this classification? a) criterions b) criteria c) criterias 10. Which are the daily of a prisoner? a) activityes b) activitis c) activities

VI. Combine the words from column A with words from

column B to form compound nouns and collocations: A B

trial offender criminal lines petit health first lifting death matters community esteem

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mental ship guide court