UNIVERSITATEA Petre Andrei din IAI

FACULTATEA DE DREPT
ENGLEZA JURIDICA (II) Lector. univ. drd. Oana HRITCU

Cuprins

Capitolul I 1. 1.1. A. B. C. D. E.

Verbe Modale

3 3 4 4 4 5 6 7

Caracteristici generale Cazuri de folosire Rugminte Obligaie / Interdicie Sfat Posibilitate i probabilitate Obinuin Vorbirea indirect

Capitolul II 1. 1.1. 1.2.

9 9 9 10

Transformarea de la vorbirea direct la vorbirea indirect Transformarea propoziiei affirmative Transformarea propoziiei interrogative

Capitolul III A. 1. 2. B.

Subjonctivul

12 12 12 12 13

Subjonctivul sintetic Subjonctivul present Subjonctivul trecut Subjonctivul analytic

Capitolul IV Construcii verbale 4.1. Construcii cu participiul 4.2. Construcii cu gerunziul Exerciii i selecie texte

15 15 15

Capitolul V

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Bibliografie

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Capitolul I

Verbe Modale (Modal Verbs)

1.

Caracteristici generale

Toate verbele modale au form unic la toate persoanele (sing. i plural): e.g. I can / you can / / they can eu pot / tu poi / / ei pot I may / you may / / they may eu am voie / tu ai voie / / ei au voie I must / you must / / they must eu trebuie / tu trebuie / / ei trebuie I should / / they should eu ar trebui / tu ar trebui / / ei ar trebui I will / / they will eu vreau / tu vrei / / ei vor I need / / they need eu am nevoie / tu ai nevoie / / ei au nevoie I used to / they used to eu obinuiam s / / ei obinuiau s I dare / / they dare eu ndrznesc / / ei ndrznesc Verbele modale sunt urmate de un verb principal la forma de infinitiv scurt (fr prepoziia to): e.g. I can type. (Pot dactilografia.) You may go now. (Poi s pleci acum.) Construiesc interogativul prin inversarea poziiei cu cea a subiectului: e.g. Can you lend me your pen? (Poi s-mi mprumui stiloul?) F. lung e.g. I can I may I must I will + not + not + not + not I cannot I may not I must not I will not I should not I need not I dare not F. scurt = I cant = I maynt = I mustnt = I wont = I shouldnt = I neednt = I darent Construiesc negativul prin adugarea negaiei not:

I should + not I need + not I dare + not

Unele verbe modale au nlocuitori (verbe sau construcii verbale): Can = to be able to (a fi capabil s) Must = have to ( a trebui s) May = be allowed to (a i se permite s)

1.1. Cazuri de folosire Verbele modale pot exprima diverse aspecte ce ntregesc sensul verbului principal, cum ar fi: A. Rugminte (Request) 1. Pentru a adresa o rugminte se folosesc can sau could, la persoana a doua singular (can/could you). Can este varianta informal, could este varianta formal / mai politicoas. e.g. Can you type this letter for me, please? (Poi s dactilografiezi scrisoarea asta pentru mine, te rog?) Could you help me with my homework? (Ai/Ai putea s m ajui/ajutai la tem?) 2. O rugminte adresat cuiva pentru ca acesta/aceasta s aduc ceva, se exprim cu ajutorul lui may: e.g. May I have a cup of coffee? (mi putei aduce o cafea?) 3. Will you (vrei s) se poate folosi pentru adresa o rugminte atunci cand nu este necesar s fim deosebit de politicoi: e.g. Will you let the cat out, please? (Vrei s dai drumul pisicii, te rog?) 4. Would you sau would you mind se folosesc n exprimarea unei rugmini atunci cand vrem s fim mai politicoi / formali: e.g. Would you start without me, please? (Ai vrea s ncepei fr mine?) Would you mind telling John the bad news? (V-ar / Te-ar deranja s-I spui lui John vetile rele?) Obligaie / Interdicie (Obligation / Interdiction) 1. Pentru a exprima obligaia (de a face ceva) n prezent i viitor, se folosete modalul must, iar pentru a exprima obligaie n trecut se folosete had to. Must exprim obligaie auto-impus (exercitarea voinei proprii): e.g. I must give up smoking. Reason: Because it is too expensive. ( Trebuie s renun la fumat.) Motiv: Pentru c e prea scump. Have to sau have got to se folosesc pentru a exprima autoritate din exterior. e.g. I have to / have got to give up smoking. Reason: My doctor told me so. (Trebuie s renun la fumat.)
4

B.

Motiv: Doctorul mi-a spus aceasta.

Atunci cand obligaia reprezint o datorie, se folosete modalul ought to (se cade / se cuvine). e.g. You ought to go and see your grandparents more often (Trebuie / se cuvine s mergi i s-i vizitezi bunicii mai des.) Not! Ought to este adesea folosit pentru a spune c, dei ceva este corect s fie fcut, totui oamenii nu fac acel lucru. e.g. We ought to drive cars that use less fuel. - But we dont. (Trebuie s folosim maini care consum mai puin carburant.) - Dar nu facem aceasta. 2. Interdicie. n englez, se folosete pentru exprimarea interdiciei 1) negativul lui must (must not / mustnt) sau 2) un verb la imperativ, la forma negativ. e.g. You mustnt eat with your mouth full. (Nu manca cu gura plin.) Dont open my briefcase. (Nu-mi deschide servieta.) Interdicia categoric se exprim cu be to, la forma negativ (be not to) i este folosit atunci cand vorbitorul are autoritate deplin sau cand este furios. e.g. You are not to go there again, is that clear? (Nu ai voie s mai mergi acolo niciodat, e clar?)

C.

Sfat (Advice) 1. n englez, se poate da un sfat cu ajutorul modalului should (ar trebui s). e.g. Its a good book. You should read it. (E o carte bun. Ar trebui s o citeti.)

2. De asemenea, atunci cand cerem sfatul cuiva, folosim tot modalul should. e.g. Should we tell her? (Ar trebui s-i spunem?)

3. Had better se mai poate folosi pentru a da un sfat. Are sensul: Ar fi bine dac tu .. . Forma de trecut (had) este folosit la orice timp, chiar i atunci cand sfatul se d n momentul prezent sau viitor. Dup had better se adaug infinitivul scurt al verbului. e.g. You had better / youd better tell him you havent done that. (Mai bine i-ai spune c nu ai fcut acel lucru.)
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Forme negative : should not / shouldnt had better not . e.g. Youre looking tired. You shouldnt work so late. (Ari oboist. N-ar trebui s lucrezi atat de tarziu.) You had better not bring your bicycle indoors. (Mai bine nu i-ai aduce bicicleta nuntru.) Posibilitate i probabilitate (Possibility and Probability) 1. Posibilitate a. Pentru a exprima posibilitatea (ca o aciune s aib loc) n prezent sau viitor se folosesc may, might, could + vb. la infinitival (fr to). e.g. Theres a parcel here. It may be from Peter. (E un colet aici. Poate fi de la Peter.) It might / could be from Peter. (Ar putea fi de la Peter.) Might i could sugereaz ndoial mai mare (sau nesiguran mrit) din partea vorbitorului, spre deosebire de cazul n care e folosit may. b. Pentru a exprima posibilitatea (ca o aciune s fi avut loc) n trecut, se folosete may, might sau could + have + forma a III-a verbului. e.g. He might have got / could have got lost. (El ar fi putut s se rtceasc.) c. La interogativ, exprimarea posibilitii se face cu modalele could sau might. e.g. Might she have been the wrong person to ask? posibilitate n trecut (S-ar fi putut ca ea s fie persoana nepotrivit?) Could the answer be six? posibilitate n prezent (Ar putea rspunsul s fie ase?) Might she be coming tomorrow? posibilitate n viitor (S-ar putea ca ea s vin maine?) d. Pentru exprimarea imposibilitii se folosesc may not + infinitiv (pt.prezent) might not have + forma a III-a a vb.-lui (pt. trecut) i might not + be + vb. ing. (pt. viitor) e.g. He mightnt have wanted to buy anything. imposib. n trecut (S-ar fi putut ca el s nu vrea s cumpere nimic.) Six may not be the answer. imposib. n prezent (ase poate s nu fie rspunsul.) They might not be coming tomorrow. imposib. n viitor (S-ar putea ca ei s nu vin maine.)
6

D.

2. Probabilitate 2.1. Pentru a exprima probabilitatea ca o aciune s aib loc n prezent sau viitor se folosesc modalele should sau ought to. e.g. She should be on her way home now. (Ea ar trebui s fie n drum spre cas acum.) Aceasta presupune c noi o ateptm s ajung n curand acas. The plane ought to take off about now. ( Avionul ar trebui s decoleze de acum.) Se presupune c e timpul ca acesta s decoleze. 2.2. Pentru a exprima probabilitatea ca o aciune s fi avut loc (n trecut) se folosesc should have / ought to + have + forma III-a a vb.-lui. e.g. They should have reached London by 10 oclock. (Ei ar fi trebuit s ajung la Londra pan la 10.) probabil c ei au ajuns Obinuin (Habit) 1. Pentru exprimarea unei aciuni obinuite, repetat n mod constant n trecut, se folosete modalul used to (obinuiam s) ca unic form de trecut. F. Afirmativ He used to call me up daily. (El obinuia s m sune zilnic.) F. Interogativ Did you use to . ? (Obinuiai s ?) F. Negativ I did not use to / I never used to . (Nu obinuiam s )

E.

Used to poate exprima: a. Aciuni repetate n trecut, ce nu mai au loc acum: e.g. When I was sixteen I used to go to the cinema every week. (Cand aveam 16 ani mergeam / obinuiam s merg la cinema sptmanal.) b. Stri trecute ce nu mai sunt valabile n prezent: e.g. She used to be shy as a child. (Ea era timid cand era mic.) c. Situaii trecute, non-valabile n present: e.g. He used to be Marys boyfriend but now hes Rachels. (El a fost pe vremuri prietenul lui Mary, dar acum e prietenul lui Rachel.)
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2. Pentru exprimarea unei aciuni obinuite, repetat n mod constant n trecut, se folosete, de asemenea, modalul would + infinitivul fr to (= a obinui s) F. Afirmativ (scurt): Id / youd / shed / . + go = obinuiam / obinuiai / obinuiau s mearg F. Negativ: would not / would never (la toate persoanele) = nu obinuiam s, etc. F. Interogativ: Would I / / they ? = Obinuiau ei?

Modalul would poate exprima: a. Aciuni repetate, obinuite n trecut, ce nu mai au loc acum (la fel ca i used to): e.g. In his youth, he would go to the cinema every week. (n tineree el obinuia s mearg la cinema n fiecare sptman.) b. Would nu se olosete pentru exprimarea strilor sau situaiilor trecute: e.g. I used to have long hair. (I would have . - incorect) She used to be shy. (She would be . incorect)

Capitolul II Vorbirea Indirect (Indirect Speech) Transformarea de la vorbirea direct la vorbirea indirect Acest tip de transformare presupune modificarea gradual a timpului aciunii din vorbirea direct. Mai jos, prezentm modificrile ce se efectueaz la transformarea propoziiei afirmative, din vorbirea direct, n cea indirect. Vorbire direct Vorbire indirect

1.

1.1. Transformarea propoziiei afirmative

I like coffee, she says. (mi place) I am writing a letter, he says. (scriu) I saw the film, she says. (am vzut) I was doing the shopping, she says. (fceam cumprturi) I have finished cooking, she says. (am terminat) I shall be 30 next week, he says. (voi mplini) Go to the bank!, he says. (mergi)

She said she liked coffee. (i plcea) She said she was writing a letter. (scria) She said she had seen a film. (vzuse) She said she had been doing the shopping. (fcuse) She said she had finished cooking. (terminase) He said he would be 30 the following week. ( va mplini) He told me to go to the bank. (s merg)

Dup cum se poate vedea din tabel, transformarea la vorbirea indirect presupune o serie de modificri , cum ar fi: a. Dispariia ghilimelelor i schimbarea timpului (e.g. prezent trecut) n care se exprim subiectul (vorbitorul) n vorbirea direct. e.g. s/he says s/he said b. Modificarea timpului verbului n propoziia din vorbirea direct: T. prezent simplu (like) T. trecut simplu (liked)

T. prezent continuu T. trecut continuu (am writing) (was writing) T. trecut s. T. mai mult ca perfect s. (saw) (had seen) T. trecut c. T. mai mult ca perfect c. (was doing) (had been doing) T. prezent perfect T. mai mult ca perfect (have finished) T. viitor (shall/will) (had finished) T. viitor n trecut (should/would)

1.2. Transformarea propoziiei interogative If sau whether se folosesc atunci cand transformm la vorbirea indirect o ]ntrebare ce nu conine un pronume interogativ (when, who, why, etc.) e.g. Vorbire direct: Is he coming this evening? Vorbire indirect: She asked if / whether he was coming that evening. Not! Propoziia interogativ are structura: Auxiliar + Subiect + verb Is he coming ? n transformarea la vorbirea indirect, structura interogativei devine echivalent cu cea a propoziiei afirmative i n care se opereaz modificarea timpului verbului. S + Auxiliar + Verb he was coming e.g What did you do yesterday? He asked me what I had done the day before.
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Alte modificri ce survin la transformarea de la vorbirea direct la vorbirea indirect. Aceste modificri vizeaz i alte pri de vorbire, cum ar fi adverbele de timp i de loc (e.g. now, here, today, yesterday, etc.) sau adjective demonstrative. V. direct - now (acum) - today (astzi) - next day (ziua urmtoare) - tomorrow (maine) - here/over here (aici) - this day / week,etc. (aceast zi) - these cars V. indirect then (atunci)

that day (ziua aceea) the following day (idem) - -

there/over there (acolo) that day / week (ziua/sapt. aceea) those cars

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Capitolul III

Subjonctivul (The Subjunctive)

A. Subjonctivul sintetic 1. Subjonctivul prezent Forme: I be = eu s fiu, You be = tu s fii, s/he be = ea/el s fie, etc. Ca form, subjonctivul prezent este echivalent cu infinitivul scurt al verbului. Subjonctivul prezent exprim: a. o dorin sau o rugminte: e.g. God bless you! (S fii binecuvantat!) Long live the Queen! (Triasc regina!) b. se folosete dup verbe ca: to propose, to suggest, to order. e.g. He proposed that I take the job. (El a propus ca eu s accept postul.)

2. Subjonctivul trecut Forme: I were = a fi, you were = ai fi, , they were = ei ar fi, etc. Ca form, subjonctivul trecut este echivalent cu trecutul simplu (forma were, unic la toate persoanele, n cazul vb.-lui to be). a. Se folosete n propoziiile condiionale: e.g. If I were you, I should accept the offer. ( Dac a fi n locul tu, a accepta oferta.) exprim o condiie posibil b. Se folosete dup verbul wish: e.g. I wish he visited us more often. (mi doresc ca el s ne fi vizitat mai des.) c. Dup conjunciile: as if/ as though (= ca i cum/ca i cand) e.g. He ran as if his life depended on it. (El alerga de parc viaa lui depindea de aceasta.)
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d. Dup had rather ( = mai degrab): e.g. I had rather you told him than I did. (Mai degrab i-ai spune tu i nu eu.) e. Dup expresia: its (high) time ( = e timpul s) e.g. Its time I went home. (E timpul s merg acas.) f. Dup conjuncia even if / even though ( = chiar dac): e.g. Even if it rained, we should go on that trip. (Chiar dac o s plou, ar trebui s mergem n excursie.) Atenie! Subjonctivul prezent se refer la o aciune ce are loc n prezent. Se traduce n roman prin condiional (= a merge) sau subjonctiv (s merg).

B. Subjonctivul analytic (Analytic Subjunctive) n acest caz nu exist forme verbale proprii, ci se apeleaz la verbe modale. 1. Should + infinitiv se folosete: a. n ntrebrile indirecte care arat ndoiala, introduse prin whether (dac da sau nu). e.g. They discussed whether they should take part in the contest. b. n propoziii introduse prin expresii ca: it is (im)possible, it is necessary / advisable / strange / strange / important, it is likely (este pro-babil), it is desirable (este de dorit). e.g. It is important that you should be in time. (Este important ca tu s fii punctual/). c. n propoziii introduse prin lest ( = ca s nu): e.g. He hurried lest he should miss the morning train. (El s-a grbit ca s nu piard trenul de diminea.)

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d. n propoziii ce conin verbe ca: to suggest, advise (a sftui), decide (a hotr), order, insist, request (a cere/solicita), demand (a cere), propose (a propune), etc. e.g. I suggest (that) they should take our advice. (Sugerez ca ei s ne urmeze sfaturile.)

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Capitolul IV Construcii verbale 4.1. Construcii cu participiul A. Construcia Acuzativ + participiu este folosit dup urmtoarele categorii de verbe: a) de percepie: to see, to hear, to feel, to watch, to imagine etc. e.g. He saw me writing a letter. The teacher watched the student doing the exercise. b) to catch, to find, to discover, to keep, to leave. e.g. A neighbor caught the thief trying to enter my house. Dont keep me waiting too long. c) to have = a lsa e.g. I wont have my son skipping school. B. Construcia Nominativ + participiu conine un substantiv / pronume ca subiect i un verb la diatez pasiv, urmat de participiu. e.g. The prosecutor said that the defendant was seen trying to enter a house. The pianist was heard playing Mozart. 4.2. Construcii cu gerunziul Gerunziul este folosit dup: a) verbe care arat nceputul, continuarea i sfaritul aciunii: to begin, to start, to continue, to go on, to keep on, to finish, to accomplish. e.g. They keep on running. Go on reading! when he came into the room. b) verbe care exprim sentimente: to like, to dislike, to love, to hate, to enjoy, to detest, to hate, to prefer, etc. e.g. I like travelling. He hates doing dirty jobs. She stopped talking

c) alte verbe: to avoid, to delay, to excuse, to deny, to mind, to need, to risk, to suggest, etc.
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e.g. I couldnt avoid meeting him. Excuse my interrupting you. d) dup verbe cu prepoziii:

Do you mind passing me the salt?

e.g. He wants to give up smoking. (El vrea s renune la fumat.) Ill succeed in reading the book this week. (Voi reui s termin de citit cartea sptmana asta.) Shall I account on your coming to the meeting? (S m bazez pe prezena ta la edin?) He was accused of trespassing. (El a fost acuzat de nclcarea proprietii.) Nobody was surprised at his behaving like that. (Nimeni nu a fost surprins de cum s-a comportat el.) The cold weather prevented me from going on the trip. (Vremea rece m-a mpiedicat s merg n excursie.) I think of giving him the job. (M gandesc s-i dau lui postul.) She relies on our helping to her. (Ea se bazeaz pe ajutorul nostru.) He was accused of stealing from us. (El a fost acuzat c ne-a furat.) They insist on our coming too. (Ei insist s venim i noi.) e) dup adjective: e.g. He is proud of being her student. (El e mandru s fie studentul ei.) She was afraid of crossing the river. (Ei i era team s traverseze raul.) Tim was surprised at seeing us again. (Tim era surprins s ne vad din nou.) I am tired of hearing that nonsense. (M-am sturat s aud prostia aceea.) f) dup expresii ca: e.g. I cant help thinking of her. (Nu pot s nu m gandesc la ea.) He feels like going for a walk. (El are chef s mearg la plimbare.) Its no use telling him about that. (Nu are rost s-i spunem despre acel lucru.) This is not worth doing. (Aceasta nu merit s fie fcut.) I cant stand watching this. (Nu suport s vd aceasta.)

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Capitolul V Exerciii i selecie texte Folosii should / had better prin nlocuirea verbelor subliniate n

1.

urmtoarele propoziii: It will be better if he sees a doctor at once. It is advisable for her to spend more time in the library. It will be better for you to come home earlier. It would be nice if we visited them this summer. It is advisable that I phone Irene myself. Completai cu might (not). I (go) to Tims party this weekend but I dont know yet for sure.

2. 1.

2. They .. (take) a taxi to the museum but they havent decided it yet. 3. I (not invite) Dan to come on the trip with us. 4. Clara (buy) some jeans but she (not / anything). 5. While in China, Peter (go) on a boat trip. Completai cu: must/mustnt/had to i un alt verb. Derek late at the office last night. 2. The dentist had told Annie she any

3. 1.

more sweet things. Her teeth are in bad condition. 3. Lets catch an earlier train tomorrow. We late for the meeting. 4. I forgot my key yesterday so I into the house through a window. 5. If you are absent for more than three days, you a letter from your doctor.

4. Introducei must, ought to, ought not to. 1. You ___ all remember to lock the door at night, said the boss to the staff. 2. I think Derek really ___ help his mother more. She is nearly eighty. 3. They ___ make so much noise every night when come out of the club. 4. I ___ phone Erin today. Shes expecting me to. 5. People ___ drink at all if they are going to drive a car.

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5. 1.

Folosii should / shouldnt n propoziiile de mai jos. You have a holiday. You . work so hard. 2. A: Ive got a terrible

headache. B: You take a pill. 3. A: Bill wants to borrow my car this weekend. But hes a terrible driver. B: You tell him that you need it. You it to him. 4. A: Simons late again, and the train leaves in five minutes. I stay a bit longer? B: You wait for him. 5. A: John is very intelligent but he wants to leave school and get a job. B: He abandon his studies. 6. Completai cu should/had better sau shouldnt/had better not. 1. You ____ get some sleep. You look tired out. 2. Tell Jane she ____ Work so hard. Shes overdoing it. 3. You ____ try to lift that by yourself. Its heavy. 4. You ___ say that to Angela. Shell be angry with you. 5. He ____ go to bed earlier tonight. Tomorrows going to be a tough day for him. 7. Scriei propoziii spunand ce ea/el (n-)ar fi trebuit s fac. Folosii should / shouldnt have done. e.g. The child took the wallet he found in the street. The child shouldnt have taken the wallet. 1. Alan had just a small cut on his knee but he called an ambulance. 2. Helen did not tell her until it was too late. 3. Gary started working for his exams a week before he took them. 4. Eric didnt bring his guitar to the party and there were not many CDs. 5. Tom bought another bottle of milk though there was plenty of it in the fridge. 8. Cerei sfatul folosind Should I ? Doreti s ceri sfatul despre: 1. which restaurant to go to, the Chinese one or the Indian one. 2. which shirt to wear, the blue one or the green one. 3. whether to finish your homework or go out. 4. whether to cook dinner or buy take-away meal. 5. whether to go by bus or drive. 9. Transformai la vorbirea indirect: 1. I think Sue is coming tomorrow, she says. 2. Is it raining? he asks. 3. You have broken my CD player, he says. 4. It is a nice day, she says. 5.
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Dont spend all the money on clothes, he tells his wife. 6. You have passed the exam, the teacher tells the student. 7. I went to a concert with Melanie, he says. 8. John doesnt want to come with us, he says. 9. I shall bring you the book later today, she says. 10. Do some extra homework, she told the pupil. 11. It will snow a lot this winter, he says. 12. Im paying for the bread, she says. 10. Traducei n englez: 1. Ei au spus c nu tiau nimic despre prietenul lor de peste o sptman. 2. L-a ntrebat ce credea despre filmul acela? 3. Tom le-a spus c nu fusese plecat n acel weekend. 4. Ea mi-a spus c-mi va plti pentru traducerea aceea. 5. El a ntrebat-o dac vroia s mearg cu el la film n acea dup-amiaz. 6. Mama l-a sftuit s se trezeasc mai devreme a doua zi. 7. Ea l-a rugat s nu mai ntarzie la cin. 8. Ei au spus c nu tiau ce ni se ntamplase. Completai cu forma corect a subjonctivului. 1. I suggest that you ___ (turn off) the TV now. 2. We insisted that the match ___ (be postponed) until next Sunday. 3. Its high time you ___ (get) a better job. 4. If I were you I ___ (accept) his proposal. 5. He behaved as if he ___ (be) the owner of the company. 6. Hurry up lest you ___ (miss) the lecture. 7. Id rather you ___ (change) places with me. 8. Sally looks as if she ___ (know) the truth. 9. Bob insisted that he ___ (give) him the answer soon. 10. Send them a telegram so that they ___ (know) about your intentions. 11. Was it possible that he ___ (tell) them the right thing? 12. She spoke English as if she ___ (live) in England. 13. The firemen ordered that the people ___ (leave) the building immediately. 14. He was advised to take a map lest he ___ (lose) his way back. 15. I wish you ___ (help) me with my French. 16. He worked hard so that he ___ (win) the prize. Completai cu gerunziul verbelor date n parantez: Im sorry for (keep) you waiting. 2. Yesterday night we heard someone

11.

12. 1.

(shout) for help. 3. Its no use (talk) to him. 4. I didnt feel like (do) anything yesterday. 5. Hell find it difficult to get used to (travel) to work by bus. 6. She was afraid of (go) on along that dark alley. 7. She thinks of (visit) her friend in
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Italy this summer. 7. I cant stand you (speak) to me like that. 8. She was proud of (have) them over for dinner. 9. They insist on our (come) with them. 10. He thinks of (give) that man a prize. 12. That meeting prevented me from (leave) earlier.

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The Legal Profession (Exercises) A.3 Fill in with the given words and phrases (completai cu expresiile i cuvintele de mai jos): county evidence learning struck off Law Society magistrates presents two-year barristers x 2 Crown barrister x 2 training solicitors court client legal two trial behalf education breach rights of audience Inns of Court breaches Bar Council

The legal profession is divided into (1) ______ branches: (2) ________ and (3) ______ . their controlling bodies are (4) _____ and (5) _____ . both bodies act as disciplinary agencies to deal with any (6) of their codes. For serious (7) _____ a member of either branch of the (8) ______ profession maybe (9) _____ . All lawyers undergo extensive periods of (10) _____ , both through academic (11) _____ and practical (12) ____ in legal work. In the case of solicitors this practical training takes the form of a (13) ______ training contract with a firm of practitioners. For (14) _____ the period of training is more complicated. The prospective barrister must also join one of the four (15) _____ , where the life of the barrister is learned. Traditionally the (16) _____ , in wig and gown, (17) _____ the case and expresses the arguments on the clients (18) ______ . The solicitor deals with the (19) _____ , chooses a properly and fully instructed (20) _____ , collects relevant (21) _____ and ensures that all relevant persons are present in (22) on the day of the (23) _____ . Although only barristers have full (24) _____ in all courts, solicitors have rights of audience in (25) _____ courts, (26) _____ courts and some (27) ____ courts.

B.2 Find synonyms in the text for the following words or expressions: 1. authority having the power to control something 2. breaking or neglecting a law / contract 3. unwritten laws of conduct observed by members of the legal profession 4. hall in which a trial is held 5. inexperienced lawyer 6. information proving something
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controlling body violation

etiquette courtroom novice evidence

7. person summoned to testify in court 8. removed from membership of a professional body 9. rules of conduct observed by professional groups

witness struck off code of professional ethics

10. stated without being proved 11. to work as a lawyer / doctor

alleged to practise

B.3.2. Match the beginnings of the sentences in column I with their endings in column II. 1. The judge addressed the jury members A. to remain silent. 2. It was her idea B. which include giving advice to clients, and preparing legal documentation. 3. The solicitor owes a contractual duty of C. to go to court. care to his client 4. You have the right 5. Judges have a discretionary power 6. A barrister is an advocate 7. Solicitors have functions 8. A barrister may be disbarred. D. whose task is to present his clients case effectively in court. E. whose attention had been captured by the defending lawyer. F. who is guilty of professional misconduct G. to create new rules of law when none exists to solve the case. H. for breach of which he is liable for damages. 1 E, 2 C, 3 H, 4 A, 5 G, 6 D, 7 B, 8 F.

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The Legal Profession

Section D

Notaries Public

D.1 In the definitions of the documents below, the headwords are missing. Supply them by choosing from among the ones in the box. (Introducei denumirile actelor notariale de mai jos n tabel.) affidavit = declaraie dat sub statement jurmant deed nscris = declaraie =

power of attorney = will = testament procur codicil = codicil

act, conveyancing document = act instrument de cesionare

document juridic

1. _______________ =

official power which gives someone the right to act on someones behalf in legal matters

2. _______________ =

written statement which is signed and sworn before a solicitor and which can then be used as evidence in court hearings

3. _______________ = 4. _______________ = 5. _______________ =

a general term for a legal document declaration of fact; an allegation by a witness legal document by which a person gives instructions to his executors as how to his property should be disposed of after his death

6. _______________ =

document executed in the same way as a will making additions or changes to an existing will

7. _______________ =

legal document which has been signed, sealed and delivered by the person making it

8. _______________ =

document which legally transfers a property from a seller to a buyer

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The Duties of a Notary Public

The role and competence of the notaries public are very different in civil law countries from those with a common law system. In England, most notaries public are also practicing solicitors. The few specialist notaries practice in London, and deal mainly with the preparation of documents for use in foreign countries.

In most civil law countries, being a notary public is a distinct legal profession. There is a limited number of notarial offices established by law. A law graduate who wishes to become a notary must apply for a vacancy, pass a special examination and enter the association of notaries public. A notarys major functions are: drafting documents, such as marriage contracts, wills, mortgages, and conveyances; certifying documents, which confers them a special status in court proceedings; and serving as a depository for the original copies of wills and the like.

Due to the nature of his job, the notary often becomes a trusted family legal advisor, whose assistance is needed in connection with the property aspects generated by such major events as marriage, divorce and death of a family member.

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The Legal Profession in the UK

The legal profession in the United Kingdom is divided into two branches, barristers and solicitors. The former are legal practitioners, who have been admitted to plead at the bar and who are engaged in conducting the trial or argument of causes; they have exclusive right of audience in the Supreme Court. The latter assemble the materials necessary for presentation in court and settle cases out of court. They may also practice in most inferior courts, such as county courts and certain proceedings of the Crown Court. Each have their own controlling bodies the bar Council and the Law Society respectively and an intending lawyer must decide, at a relatively early stage in legal training, whether to practice as a solicitor or a barrister, because apart from the initial period of legal education the two branches are mutually exclusive in terms of personnel and training, although rather less so in terms of their work. The controlling bodies exercise strict codes of professional ethics and standards of practice: this is one of the ways in which the exclusivity of the profession, and its claim to produce high standards f work, are maintained. Both bodies act as disciplinary agencies to deal with any alleged breach of these codes, and for serious breaches a member of either branch of the legal profession may be struck off.

All lawyers undergo extensive periods of education, both through formal academic learning and through practical training in legal work. In the case of solicitors, this practical training takes the form of a two-year period, after obtaining a law degree and completing the one-year Legal Practice Course, in a training contract with a firm of practitioners. For intending barristers, the period of training is rather more complicated and less financially secure, but possibly more intensive because of the immersion of the novice in the traditions and practices of the Bar. Apart from undertaking various examinations in the law, the prospective barrister must also join one of the four Inns of Court, where the life of the barrister is learned. The various rules and institutions of the Bar serve to socialize the novice into the established ways of that branch of the profession, where customs, traditions and etiquette play so great a part.

For many people, the image of the typical lawyer ad his work is that presented in the formal setting of the courtroom. Here, it is traditionally the barrister, in wig and gown, who presents the case and expresses the arguments on the clients behalf; the solicitors task is to deal directly with client, to
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ensure that the barrister chosen is properly and fully instructed, to collect and collate relevant evidence (such as witnesses, statements, letters, photographs and so on) and to ensure that all relevant persons are present in court on the day of the trial.

This image of lawyers and their work is, however, somewhat misleading: the traditional division of functions in the courtroom has gradually been broken down. Although only barristers have full rights of audience (that is, the right to address the judges bench directly on the clients behalf) in all courts, solicitors have full rights of audience, too, in magistrates and county courts, and in some Crown courts. Source: Harris, P. An Introduction to Law, Butterworths (1997)

Vocabulary: branch = bran solicitor = jurist the former = primii to be engaged = a se implica to assemble = a aduna right of audience = drept de audien to settle cases = a pregti cazuri controlling bodies = organe de control Law Society = Societate Juridic legal training = pregtire juridic in terms of = n ceea ce privete high standards of work = munc de nalt calitate alleged breach = pretins nclcare be struck off = a fi dat afar academic learning = pregtire profesional undertaking = suinerea Inns of Court = Cluburi ale juritilor play so great a part = a juca un rol important on the clients behalf= n numele clientului to ensure = a se asigura properly and fully = corespunztor i riguros relevant evidence = probe relevante
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barrister = avocat (pledant) bar = barou to plead = a pleda trial = process proceedings = proceduri the latter = cei din a doua categ. county court = instan local Bar Council = Consiliul Avocaturii intending lawyer = viitor avocat are mutually exclusive = se exclud reciproc claim = pretenie to deal with = a rezolva serious breach = nclcare grav undergo = a urma law degree = diplom n drept join = a se nscrie established ways = modaliti prestabilite courtroom = sal de tribunal the solicitors task = obligaia juristului to collect = a aduna collate = a asocial is misleading = este neltoare

division of functions = separarea sarcinilor judges bench = complet de judecat

has been broken down = a fost desfiinat full rights of audience = drepturi depline de audien

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COURT STRUCTURE IN THE US

Issues of crime and justice have always held the Americans attention. Americans are accustomed to bringing their claims for justice to the courts. There are few countries where so many people treat the law as part of their everyday lives. Local, state and federal courts handle approximately 12 million cases a year. The sheer number of Americans employed in the legal profession is overwhelming; there is one lawyer for every 4440 Americans, whereas in Japan there is one lawyer for every 10,000 people. Americans claims for justice rest on the provisions of the US Constitution. Most of rights and freedoms that the Americans enjoy are guaranteed in the first ten amendments or Bill of Rights of the constitution.

The Constitution, written in 1987, established a separate judicial branch of government which operates independently alongside the executive and legislative branches. Within the judicial branch, authority is divided between state and federal (national) courts. At the head of the judicial branch is the Supreme Court, the final interpreter of the Constitution, which consists of nine justices and has jurisdiction over all other courts in the nation.

The Constitution recognizes that the states have certain rights and authorities beyond the power of the federal government. States have power to establish their own systems of criminal and civil laws, with the result that each state has its own laws, prisons, police forces and state courts.

The separate system of federal courts, which operate alongside the state courts, handles cases which arise under the US Constitution or under any law or treaty, as well as any controversy to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states.

All federal judges are appointed for life. A case which falls within the federal jurisdiction is heard before a federal district judge. An appeal may be made to the circuit Court of Appeals and, possibly, in the last resort, to the highest court in the land; the US Supreme Court.

The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in which someone claims that Constitutional law has been violated. Its decisions are final and become
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legally binding. Not all Americans are satisfied with all Supreme Court decisions. Many Americans believe that the court too often takes the side of the criminals in declaring the proceedings invalid because an accused persons rights have been violated. Others argue, however, that protecting the innocent is the real intent of these rulings, and that it is better to have a few criminals go free than to have one innocent person be jailed. Although the Supreme Court does not have the power to make laws, it does have the power to examine actions of the legislative, executive and administrative institutions of the government and decide whether they are constitutional. It is in this function that the Supreme Court has the potential to influence decisively the political, social and economic life of the country by giving new protection and freedom to minorities or by nullifying certain laws of the Congress, or even declaring actions of American presidents unconstitutional.

Presidents have often criticized the Supreme Court, although the criticism comes more frequently today from the bar associations, law schools and court observers in the press. The two judicial systems, federal and state, form layers of courts that check each other and are checked in turn by the law profession and law schools, which study the decisions and create an informed opinion. Congress also reviews the laws to be enforced and can change the laws and the number of Supreme Court judges. The president nominates the Supreme Court appointee, while the Senate examines to determine whether he or she is qualified. Similarly, the governors, the state legislatures, and the people select the state judges.

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Qualifications of Jurymen

The basic qualification of jurymen is that of citizenship as evidenced by inclusion in the Electoral Register. Anyone between the ages of 18 and 65 registered as an elector who has lived in England or Wales for five years or more since the age of 13 becomes liable for jury service. Payments in respect of jury service for travelling, subsistence and financial loss are made to jurors. Anyone who has been imprisoned in the past ten years is disqualified from serving on a jury as is anyone who has been on probation during the previous five years. Judges, M.P.s, clergymen, barristers, solicitors, medical practitioners, members of H.M. Forces and police officers are among the persons exempt from jury service. Mentally ill persons are illegible.

Vocabulary: basic qualification = calificare/eligibilitate principal as evidenced = conform evidenei becomes liable = devine eligibil jurors = jurai be on probation = a fi n arest preventiv M.P.s = membrii ai Parlamentului H.M. Forces = membrii ai Ministerului de Interne citizenship = cetenie registered = nregistrat in respect of = corespunztor/ aferent is disqualified from = este descalificat the previous = n ultimii exempt from = excluse din illegible = neeligibil

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An Interview on Human Rights

I.: Now, at the turn of the millennium it is perhaps important to look back over the centuries in order to see how human rights and liberties have been protected and guaranteed in legal and political documents. Thats why I invited Prof. Douglas Holmes, a well-known specialist in the area, here today. Hello, Prof. Holmes. Prof. Holmes: Hello. I.: Perhaps you could start by defining the concept of human rights. Prof. H.: Well, this term refers to the rights and freedoms to which all human beings are entitled. In fact, it is sometimes suggested that human rights are so fundamental, that they form part of the natural law. I.: Human rights and freedoms are now guaranteed by various documents at national and international level. Has it always been the same? I mean have always human rights been spelled out in documents? Prof. H.: Well, Bills of rights have long been familiar to English people and Americans. The New World settlers surely knew the history of Magna Carta, of the Petition of Rights and of the Bill of Rights in their mother country. But American Bills of rights were the first, historically speaking, to become part of the Constitution. I.: Could you enlarge a little? Prof. H.: Yes, certainly. The first and most famous of these bills was the one drawn up by John Mason and adopted by the Virginia Assembly on June 12, 1776. This eloquent document, known as the Virginia Bill of Rights, starts with the famous statement: all men are by nature equally free and independent and have certain inherent rights I.: Did the Virginia Bill of rights have any impact at that time? Prof. H.: A great impact, we could say. This statement of fundamental rights was widely copied not only in America, but also abroad: it was especially popular in France and contributed to the later French Declaration of the Rights of Man. I.: I must confess my ignorance. I didnt know a thing about the Virginia Bill of Rights. Prof. H.: Well, Im pretty sure you have heard, though, about other famous American documents. I.: You mean the Declaration of Independence and the Constitution? Prof. H.: Yes, thats what I had in mind. I.: As you were quoting that article from the Virginia Bill of Rights, I couldnt help remembering quite a similar passage from the Declaration of Independence. I quote: We hold these truths to be self-evident, that all men are created equal,
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Prof. H.: that they are endowed by their Creator with certain unalienable Rights, that among these are Life, liberty and the pursuit of Happiness. The similarity comes from the fact that the underlying principles of the Declaration of Independence are based on the idea of natural, Godgiven rights, just like those of the Virginia Bill of Rights. I.: When was the Declaration adopted? Prof. H.: The Declaration, drafted by Thomas Jefferson, was adopted on July 4, 1776. And since 1783, July 4 has become the most important holiday in the USA Independence Day. I.: And what can you say about the US Constitution? What rights does it include, for example? Prof. H.: The Constitution of the US, established, in Lincolns words, a system of government, of the people, by the people, for the people. Hence its well-known preamble WE THE PEOPLE of the United States, in order to form a more perfect Union When the Constitution became the fundamental law of the USA, on March 4, 1789, it didnt include a series of individual liberties. During the ratification debates, however, it became evident that such a bill of rights was necessary. In 1791, the first ten amendments, known as the Bill of Rights, were added, to be followed by many others. I.: Yes, of course, to these we should add the rights protected by the Bill of Civil Rights in the 60s. Prof. H.: Yes, that Bill was signed by President Lyndon Johnson on July 4, 1964 and it helped eradicate any racial or religious discrimination or segregation. I.: So far weve been talking about the US. How are human rights promoted and protected in other countries of the world? Prof. H.: Well, it would take hours or even days just to give a brief mention of the specific steps made by each and every state to ensure and protect rights and freedoms for its citizens. So, as not to bore you, I shall refer only to the common efforts made by the states of the world to guarantee human rights. I.: What events do you have in mind? Prof. H.: First of all, the fact that in 1948, the United Nations General Assembly adopted the Universal Declaration of human Rights, which spells out most of the main rights that must be protected throughout the world. I.: It seems to me that, if such a declaration exists, then why are there so many infringements of human rights worldwide? Prof. H.: The UN Declaration is not, unfortunately, a legally binding document. Thats why, in 1966, the General Assembly adopted two international covenants placing legal obligations on the states ratifying them: firstly, the International Covenant on Civil and Political Rights and the other, the International Covenant on Economic, Social and Cultural Rights.
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I.: Alls well in theory, but how is the implementation of these rights practically monitored? Prof. H.: Good question. The United Nations has set up a Commission on Human Rights, which has the power to discuss gross violations of human rights and liberties. I.: Yes, aha, I see. Are there any regional Conventions on human rights? Prof. H. : Yes, therere several, but the best known are the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Inter-American Convention of Human Rights. I.: Aha can we stick to Europe this time? Lets stick to Europe this time. Could you give more details about the European Convention on Human Rights? Prof. H.: Certainly. It was originally formulated in 1950, and came into force on September 3, 1953. And it aims at protecting the human rights of all people in the member states of the Council of Europe. I.: And are there any institutions that protect these rights and freedoms of all people? Prof. H.: The Commission on Human Rights and the Court of Human Rights in Strasbourg. I.: And how exactly do these institutions work? Prof. H.: Well, if a complaint is judged to fulfill certain conditions that make it admissible, the commission places itself at the disposal of the parties in an effort to achieve a friendly settlement. I.: And what happens if that sort of fails? Prof. H.: Well, in that case, the Commission sends a report to the Committee of Ministers of the Council of Europe. The case may then be brought before the Court of human Rights, provided the state against which the complaint is made has accepted the Courts jurisdiction. The Court has power to make a final ruling, which is binding on the parties. I.: Thank you very much, Prof. Holmes. What youve said has been most interesting. Prof. H.: Thank you. Vocabulary: are entitled = li se cuvin spelled out = menionate n scris ratification debates = discuii privind ratificarea legally binding document = doc. obligatoriu prin lege set up = a nfiina stick to =a se limita la
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Bill of rights = Legea drepturilor to be self-=evident = a fi ultra evident infringements = nclcri covenant = convenie gross violations = nclcri grave come into force = a intra n vigoare

is judged to fulfill = este considerat a ndeplini to make a final ruling = a pronuna o hotrare definitiv

friendly settlement = rezolvare amiabil is binding on = este obligatorie pentru

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Bibliografie

Text Book English for Legal Purposes: Cavallioti Publishing House, British Council, Bucharest, 2002.

Grammar Books Bdescu, Alice: Gramatica limbii engleze, Editura Stiintific, Bucuresti, 1982; Dean, Michael: English Grammar Lessons, An Interactive Classroom Grammar, OUP,1993; Naylor, Helen & Raymond, Murphy: Essential Grammar in Use, Supplementary Exercises, Cambridge University Press, UK, 1997; Murphy, Raymond: Essential Grammar in Use, 2nd Edition, Cambridge University Press, UK, 1998.

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