Limba Engleza

UNIVERSITATEA TRANSI LVANI A DIN BRAOV
FACULTATEA DE DREPT

LIMBAJ JURIDIC II limba engleza

SUPORT DE CURS REDACTAT N TEHNOLOGIE ID

ASIST.UNIV.DR. CRSITINA VALCEA

AN I, SEMESTRUL II

2014

Introducere

Acest curs se adreseaza studentilor de la Facultatea de Drept din anul I, semestrul II. Cursul
se doreste a fi o introducere a studentilor in tainele englezei generale si specializate prin
exercitii practice care vizeaza imbunatatirea cunostintelor lor de engleza aferente domeniului
lor.

Obiectivele cursului
Cursul urmareste activarea cunostintelor anterioare si consolidarea
acestora prin expunerea studentilor la o varietate de activitati care le
va asigura o imbunatatire a cunostintelor de engleza generala si de
specialitate.
Cursul urmareste pregatirea studentilor pentru piata muncii prin
introducerea unor activitati care sa ii ajute sa-si redacteze un CV, o
scrisoare de intentie, sau alte documente necesare angajarii

Competene conferite
Studentii vor fi capabili sa citeasca si sa inteleaga un text de
specialitate.
Studentii vor fi capabili sa ofere scurte prezentari de specialitate in
limba engleza
Studentii vor fi capabili sa redacteze scurte texte de specialitate in
care sa reuneasca toate abilitatile pe care le-au acumulat pe
parcursul semestrului
Studentii vor fi capabili sa redacteze un CV si sa se prezinte la un
interviu

Resurse i mijloace de lucru

Pentru o buna desfasurare a activitatii, studentii vor avea acest
manual care le va oferi informatiile necesare acumularii de
informatii;
Este recomandabil sa detina si sa lucreze cu un dictionar
roman-englez, englez-roman care le va permite un acces mai
mare la informatiile din manual;
Activitatile vor avea atat un caracter colectiv cat si individual,
dandu-le astfel posibilitatea de a lucra atat la scoala cat si
acasa

Structura cursului
o Cursul contine 3 module
Fiecare modul va fi compus din 6 unitati de invatare, tinand
cont ca fiecare unitate de invatamant trebuie parcursa in 23 ore.
Manualul este prevazut cu trei teme de control.
Dat fiind faptul ca manualul contine trei module, la sfarsitul
fiecarui modul exista o tema de control, deci in total trei teme de
control.
Temele de control vor fi predate la sfarsitul semestrului si vor
face parte din evaluarea finala, avand o pondere de 50%.

Cerine preliminare
Este foarte important ca studentii sa fi studiat limba straina pe parcursul a
cel putin doua module pentru a se acomoda atat cu limba de predare cat si cu
informatiile furnizate in material.

Discipline deservite
- Limba straina insasi.

Durata medie de studiu individual
Pentru parcurgerea unei unitati de invatare estimam ca timpul necesar este
de 23 ore de studiu individual.Aceasta conduce la un numar total de 18 ore.

Evaluarea

ponderea evalurii finale (colocviu) este de 50% din nota finala
ponderea evalurilor pe parcurs (teme de control) este de 50%

Cuprins
Pentru cursurile structurate pe MODULE
Introducere ...................................................................................................................................
Chestionar evaluare prerechizite .................................................................................................
Modulul I :ENGLISH FOR LAW.. ...........................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
.................................................................... Unitatea de nvare I.1 English for Law.
........................................................................................ I.1.1. Introducere
........................................................................................ I.1.2. Competene
....................................................................... Unitatea de nvare I.2 Present Forms
........................................................................................ I.2.1. Introducere
........................................................................................ I.2.2. Competene
.............. Unitatea de nvare I.3 Expressing obligation, ability, advice, permission.
........................................................................................ I.3.1. Introducere
........................................................................................ I.3.2. Competene
................................................................... Unitatea de nvare I.4 Employment law.
........................................................................................ I.4.1. Introducere
........................................................................................ I.4.2. Competene
.......................................................................... Unitatea de nvare I.5 Law bulletin.
........................................................................................ I.5.1. Introducere
........................................................................................ I.5.2. Competene
............................................................... Unitatea de nvare I.6 Cross-examination.
........................................................................................ I.1.1. Introducere
........................................................................................ I.1.2. Competene
Tem de control ..........................................................................................

Modulul II.TRI AL ........................................................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
...................................................................................... Unitatea de nvare II.1.Trial
....................................................................................... II.1.1. Introducere
....................................................................................... II.1.2. Competene
Unitatea de nvare II.2.Giving Instructions ............................................
....................................................................................... II.2.1. Introducere
....................................................................................... II.2.2. Competene
Unitatea de nvare II.3.Advocacy Practice .............................................
....................................................................................... II.3.1. Introducere
....................................................................................... II.3.2. Competene
Unitatea de nvare II.4.Present Perfect ....................................................................................
....................................................................................... II.4.1. Introducere
....................................................................................... II.4.2. Competene
Unitatea de nvare II.5.Giving Directions ................................................................................
....................................................................................... II.5.1. Introducere
....................................................................................... II.5.2. Competene
Unitatea de nvare II.6.Latin English .......................................................................................
....................................................................................... II.6.1. Introducere
....................................................................................... II.6.2. Competene
Tem de control ............................................................................................................

Modulul III People in the Law .....................................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
.............................................................. Unitatea de nvare III.1 People in the Law.
..................................................................................... III.1.1. Introducere
..................................................................................... III.1.2. Competene
....................................................................................................................
..................................................................... Unitatea de nvare III.2 Verb patterns.
..................................................................................... III.2.1. Introducere
..................................................................................... III.2.2. Competene

................. Unitatea de nvare III.3 Expressions with work, take, get, make and do.
..................................................................................... III.3.1. Introducere
..................................................................................... III.3.2. Competene

................................................................. Unitatea de nvare III.4.Reported Speech
..................................................................................... III.4.1. Introducere
..................................................................................... III.4.2. Competene
....................................................................................................................
.................................................... Unitatea de nvare III.5 Punishment and Penalty.
..................................................................................... III.5.1. Introducere
..................................................................................... III.5.2. Competene
......................................................................................................................................
........................................................................ Unitatea de nvare III.6 Conditional.
..................................................................................... III.6.1. Introducere
..................................................................................... III.6.2. Competene
Tem de control ..........................................................................................

Bibliografie

Chestionar evaluare prerechizite

Questions 1 6
Read the following extract from a reference book on contracts.
Choose the best word or phrase to fill each gap from A, B, C or D below.
For each question 1 6, mark one letter (A, B, C or D) on your answer sheet.
There is an example at the beginning (0).

Incapacity in General

Even though individuals differ markedly in their ability to represent their own interests in
the bargaining process, a person is generally (0) .able.............. to have full power to bind
himself contractually. Only in extreme (1) ............... is ones power regarded as impaired
because of an inability to participate meaningfully in the bargaining process. One whose
power is so impaired is said to lack capacity to contract and is (2) ............... to special rules
that allow him to avoid the contracts that he makes in order to protect him from his own

Questions 7 12
Read the following extract from a rental contract.
Choose the best word to fill each gap from A, B, C or D below.
For each question 7 12, mark one letter (A, B, C or D) on your answer sheet.
PROVISION FOR LATE CHARGES UNDER LEASE
Tenant acknowledges that late payment of rent will cause Landlord to (7) ............... costs not
contemplated by this Lease, the exact amount of which will be extremely difficult to (8) ............... .
These costs include, but are not (9) ............... to, processing and accounting charges, and late charges
improvident acts.
Two principal kinds of defects are today (3) ............... as impairing the power to contract:
immaturity and mental infirmity. In the past, the common law regarded a womans
marriage as (4) ............... her of her separate legal identity, including the capacity to
contract, during the life of her husband. (5) ............... , this disability was largely removed
by statutes (6) ............... in the nineteenth century.
1

A stages B junctures C occasions D circumstances
2

A subject B conditional C liable D open
3

A granted B recognized C conceded D appreciated
4

A depriving B debarring C dissolving D dismissing
5

A For example B In particular C However D Consequently
6

A realized B ruled C legislated D enacted
which may be (10) ............... on Landlord by the terms of any Superior Leases and Mortgages.
Accordingly, if any installment of Monthly Rent or payment of additional rent is not received by
Landlord or Landlords designee within fourteen days after the amount is (11) ............... , Tenant shall
pay to Landlord a late charge equal to ten per cent of said amount. Acceptance of late charges by
Landlord shall not constitute a waiver of Tenants default with respect to said amount, nor prevent
Landlord from (12) ............... any of the other rights and remedies granted hereunder or at law or in
equity.
7

A derive B acquire C collect D incur
8

A affirm B classify C ascertain D locate
9

A contained B limited C held D bound
1
0

A imposed B dictated C obliged D required
1
1

A owing B scheduled C due D unpaid
1
2

A practising B exercising C commanding D undertaking

Questions 13 22
Read the following extract from a journal article about competition.
Think of the best word to fill each gap.
For each question 13 22, write one word in CAPITAL LETTERS on your answer sheet.

There is an example at the beginning (0). Example:
T H E R E 0

PRINCIPLES OF COMPETITION
Invariably in every law (0) ............... are provisions which tend to be overlooked. The Commercial
Agents Regulations are no exception. Ten cases concerning the Regulations have reached the UK
courts since 1994, but (13) ............... of them has concerned the provisions which deal with an agent
competing against his or her principal. (14) ............... part this can be attributed (15) ............... the fact
that the other provisions of the Regulations have had (16) ............... a great effect on agency law that
the non-compete provisions may seem to pale into insignificance. But principals who overlook these
regulations (17) ............... so at their peril.
It has always (18) ............... open to a principal to include a non-compete provision in an agency
contract. The most important consideration here is whether a provision of this nature might be void
(19) ............... a result of infringing the common law doctrine of restraint of trade. (20) ............... it is
fairly easy to determine the legality of restrictions which are either extremely harsh in terms (21)
............... their geographical extent and duration (22) ............... quite lenient, the question of (23)
............... to treat a moderate non-compete provision can be hard to resolve. In practice, (24) ...............
that can be said with certainty is that the narrower the restriction, the greater the chance of
enforceability.

Modulul I. ENGLISH FOR LAW

Cuprins
Modulul I :English for law.. ........................................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
.......................... Unitatea de nvare I.1 Introduction into English for Law students.
........................................................................................ I.1.1. Introducere
........................................................................................ I.1.2. Competene
....................................................................... Unitatea de nvare I.2 Present Forms
........................................................................................ I.2.1. Introducere
........................................................................................ I.2.2. Competene
.............. Unitatea de nvare I.3 Expressing obligation, ability, advice, permission.
........................................................................................ I.3.1. Introducere
........................................................................................ I.3.2. Competene
................................................................... Unitatea de nvare I.4 Employment law.
........................................................................................ I.4.1. Introducere
........................................................................................ I.4.2. Competene
......................................................................... Unitatea de nvare I.5 Law Bulletin.
........................................................................................ I.5.1. Introducere
........................................................................................ I.5.2. Competene
............................................................... Unitatea de nvare I.6 Cross-examination.
........................................................................................ I.1.1. Introducere
........................................................................................ I.1.2. Competene
Tem de control

Introducere
This unit will give you information about some important law terms that are
frequent in law language. Their importance is given by the fact that they represent
only a beginning of the study of english for law purposes.

COMPETENTE
After this unit you will be able to use these words and structures in phrases or
sentences that you could build up yourself.

Unitatea de nvare I .1. I NTRODUCTI ON I NTO ENGLI SH FOR
LAW STUDENTS

I.1.1. Introducere
This unit deals with basic vocabulary that is absolutely vital for the law
students

I.1.2. Competenele unitii de nvare
At the end of this unit students will present a certain degree of
independence in their use of the law vocabulary

Durata medie de parcurgere a primei uniti de nvare este de 3 ore.

Exemple

Exercise 1: Look at these sentences and decide if the word in bold is being used
correctly in the context of the sentence (there is an explanation of the word that should
be used in brackets at the end of the sentence). If you think the word is wrong, look for
the correct word. You will find this in one of the other sentences.

1. When pieces of broken glass were found in some of its food products, the company
was held eligible. (responsible for what had happened)
2. When he was asked to explain his actions, he had no valid explanations. (being
acceptable because it is true or relevant)
3. The sacked workers claimed unfair dismissal, and demanded a fair and intangible
hearing. (not biased or prejudiced)
4. Goodwill is one of a company's admissible assets, and as such it cannot be declared
as part of the company's capital. (difficult to value as it does not exist physically)
5. He was accused of trying to obtain a fiduciary advantage by getting involved in
insider dealing. (financial)
6. At the trial, the judge took the unprecedented step of asking the claimant to remove
his shirt. (not having happened before)
7. The company solicitor examined the contract very carefully, and eventually declared
it irreconcilable. (not having any legal effect)
8. The documents produced were not considered relevant to the case and were therefore
not unanimous. (referring to evidence which a court will allow to be used)
9. The magazine was acquitted of libel when the jury returned a gross verdict of 'not
guilty'. (where everyone votes in the same way)
10. All shareholders are accountable to vote at the Annual General Meeting. (able or
allowed to do something)
11. The judge accepted that Mr Johnson could not go back to work in the same
company because of void differences of opinion between him and the Directors. (very
strong, so that it is not possible for two sides to reach an agreement)
12. The rail company was accused of impartial negligence by failing to ensure
passengers' safety. (serious)
13. Interest charges are tax deductible so we haven't made as much as we had hoped.
(able to be removed)
14. After a terrible year, during which it lost almost 8 million, the company was
declared insolvent. (not able to pay debts)
15. A company director has a pecuniary duty to the company he works for and the
people who work there. (acting as trustee for someone else, or being in a position of
trust)

Exercise 2: In this exercise, the first part of each word is already in the sentence.
Complete it
with the second part, which you will find in the box.

__atim _ __ditional _ __dulent _ __empt _ ___ended _ __erial
__gious _ __inal _ __itual _ __ndant _ __orate _ __pational
__sible _ __tiable _ __tory _ __vent

1. Because of the recent phenomenon of the 'compensation culture', claims for
occu____ accidents have almost doubled in the last ten years. (referring to jobs and
work)
2. So many complaints about the company's behaviour were reported that a manda____
injunction was imposed ordering them to cease trading. (obligatory or necessary
according to the law or rules)
3. Some special savings accounts are popular with small businesses because the interest
paid is ex____ from tax. (not required to pay, or not covered by law)
4. The terms of the contract are nego____ up to the moment it is signed. (able to be
changed by discussion)
5. The claimant produced a verb____ transcript of the conversation he had had with the
defendant. (in the exact words)
6. On the claimant's application for summary judgement, the defendant was given
uncon____ leave to defend himself. (with no conditions attached)
7. The company was accused of making a frau____ insurance claim by exaggerating
the value of the goods it had lost. (not honest, aiming to deceive people for financial
gain)
8. Technically we can sue the company for breach of contract, although this is not really
a fea____ option. (possible or practical)
9. New legislation has made Clause 6b of the contract redu____. (no longer needed or
valid)
10. Hab____ breaches of safety regulations are being investigated by the Health and
Safety Officer. (doing something repeatedly)
11. When he bought the company, it was barely sol____ but he turned it into one of the
most successful organisations in the country. (having enough money to pay debts)
12. The lawsuit against the organisation was dropped because there was not enough
mat____ evidence. (important or relevant)
13. We were expecting to receive a big fine, but in the event we were ordered to pay
only nom____ damages. (a very small amount)
14. The issues of corp____ responsibility at local, national and international levels have
been receiving a lot of coverage in the press. (referring to a company)
15. The contract is open-____ although there is an initial probationary period. (with no
fixed period, or with some items not specified)
16. Be careful what you say: some companies are extremely liti____. (very willing to
bring a lawsuit against someone to settle a disagreement)

Exercise 3. Complete definitions 1 30 with the first part of an appropriate expression
from the first
box, and the second part from the second box.

articles burden compulsory confidential data employers'
employmentforce freezing fundamental grievance intellectual
joint(x2) limited memorandum(x2) obligation out power pre-emption
terms trade unfair unliquidated unprofessional vicarious winding
without wrongful

and conditions and several breach clause competition conduct
damages dismissal ...information ...injunction liability (x3) liquidation
majeure mark of association (x2) of attorney of confidentiality of court
of proof of satisfaction prejudice procedure property protection
tribunal up venture

1. An official power giving someone the right to act on someone else's behalf in legal
matters is called __________.
2. The protecting of information about individuals stored in a computer from being
copied or used wrongly is called __________.
3. __________ is a phrase spoken or written in a letter when attempting to negotiate a
settlement which means that the negotiations cannot be referred to in court or relied
upon by the other party if discussions fail.
4. A __________ is a business partnership where two or more companies join together
as partners for a limited period.
5. __________ is an expression of French origin that is used for something which
happens which is out of control of the parties who have signed a contract (for example,
a war or a storm), and is also known as an act of God.
6. A __________ refers to the various steps an employee takes if he / she wants to
complain about his / her employers.
7. __________ are the contents of a document which regulate the way in which a
company's affairs (such as the appointment of directors or the rights of shareholders)
are managed.
8. A section in a company's (number 7 above) which requires any shares offered for
sale to be first offered to existing shareholders is known as a __________.
9. When a company is put into liquidation, this is often known as __________.
10. The legal responsibility of an employer when employees are subject to accidents
due to negligence on the part of an employer is called __________.
11. The legal responsibility of one person for the actions of another person, especially
the responsibility of an employer for acts committed by an employee in the course of
work, is called __________.
12. A __________ company is a company where each shareholder is responsible for
paying the company's debts only to the face value of the shares he / she owns.
13. A __________ is a legal document setting up a limited company and giving details
of its aims, capital structure, and registered office.
14. A __________ is a document showing that a company has repaid a mortgage or
charge.
15. A situation where two or more parties share a single legal responsibility, and each
party is also liable for the whole claim, is called __________ liability.
16. When a dispute between two parties is settled before it gets to court, it is known as
an __________ settlement.
17. When an overseas company (or an individual) cannot access its assets because a
court order prevents it from doing so, this is known as a __________.
18. __________ are compensatory payments which are not for a fixed amount of
money but are awarded by a court as a matter of discretion depending on the case.
19. The duty to prove that something which has been alleged in court is true is known
as the __________.
20. Behaviour which is not suitable for a professional person and goes against the code
of practice of a profession is called __________.
21. Facts which are secret and must not be passed on to other people are called
__________.
22. A body responsible for hearing work-related complaints as specified by statute is
called an __________.
23. An __________ is a legally-binding rule that is imposed on the recipient of private
or secret information which states that the recipient should not pass the information on
to someone else.
24. The name, design or other feature which identifies a commercial product, has been
registered by the maker and cannot be used by other makers is called a 'registered
__________'.
25. __________ is something such as a copyright, patent or design which someone has
created or produced that no-one else can legally copy, use or sell.
26. The conditions which have to be carried out as part of a contract, or arrangements
which have to be made before a contract is valid, are called __________.
27. The removal of someone from a job for a reason that cannot be justified, and which
is in breach of contract, is called __________.
28. __________ is an attempt by one company to do better than another company by
using methods such as importing foreign products at very low prices or by wrongly
criticising a competitor's products.
29. A failure to carry out an essential or basic term of a contract is known as a
__________.
30. __________ is when a court orders a company to close and its assets to be sold.

Exercise 4. Complete this text with words or expressions from the box.

Contracts
1. accepted 2. agreement 3. breach 4. consideration 5. contractual liability 6. damages 7.
express 8. implied 9. intention 10. obligations 11. offer 12. reward 13. signed 14. stated
15. sue 16. terms 17. under seal 18. verbally 19. voided 20. writing

A contract can be defined as 'an __________ between two or more parties to create
legal __________
between them'. Some contracts are made '__________': in other words, they are
__________ and sealed
(stamped) by the parties involved. Most contracts are made __________ or in
__________. The essential
elements of a contract are: (a) that an __________ made by one party should be
__________ by the other;
(b) __________ (the price in money, goods or some other __________, paid by one
party in exchange for
another party agreeing to do something); (c) the __________ to create legal relations.
The __________ of a
contract may be __________ (clearly stated) or __________ (not clearly __________
in the contract, but
generally understood). A __________ of contract by one party of their __________
entitles the other party
to __________ for __________ or, in some cases, to seek specific performance. In such
circumstances, the
contract may be __________ (in other words, it becomes invalid).

Exercise 5: Choose the best word in bold to complete each of these sentences. Many of
the expressions are particular to the law of England and Wales, but will probably have
equivalents in other countries.

Court orders and injunctions
1. People who cause trouble in a particular place may be legally prevented from going
to that place again. This is known as a banning / bankruptcy order.
2. In Britain, if someone is causing someone distress, harm or harassment, the police
can apply for an ASDA / ASBO in order to restrict their behaviour.
3. In a civil case, a court may impose a search / hunt order allowing a party to inspect
and photocopy or remove a defendant's documents, especially if the defendant might
destroy those documents.
4. A promise given to a court (for example, by a vandal who promises not to damage
property again) is known as an undertaker / undertaking.
5. Sometimes a temporary injunction can be imposed on someone until the case goes to
court. This is known as a temporary or interlocutory / interim injunction.
6. A restraining / restriction order is a court order which tells a defendant not to do
something while the court is still making a decision.
7. If someone applies for an injunction against a person with a mental disability, a third
party will be appointed to act for that person. This third party is known as a litigation
assistant / friend.
8. A frozen / freezing order or injunction prevents a defendant who has gone abroad
from taking all his assets (for example, the money in his bank account) abroad
(although he is allowed to take out money for living expenses).
9. If you want to stop a magazine publishing an article about you (or photographs of
you) that you do not like, you can apply for a publicity / publication injunction.
10. A person who repeatedly harasses, pesters or hits another person might be given a
non-proliferation / non-molestation order to prevent him / her from continuing to do
it.
11. If your partner is trying to get you out of your shared home, or if he / she won't let
you back into your home, you can apply for an occupation / occupying order to remain
/ get back into the home.
12. Housing / Home injunctions might protect you if you live in a council home and
your neighbours are annoying and harassing you, or if you are a private tenant being
harassed by your landlord.
13. A Common / Public Law injunction can sometimes be applied for if one partner of
an unmarried couple is harassing, assaulting or trespassing on the property of the other.
14. Reconstitution / Restitution orders are court orders asking for property to be
returned to someone.
15. An order of discharge / disclosure is a court order releasing someone from
bankruptcy.
16. Many injunctions have a penal / penalty notice attached, which states that if the
injunction is broken, the offender could be sent to prison.
17. Injunctions aimed at preventing violence may carry a power of arrest / arrears
clause, which allows the police to take the offender into custody if the injunction is
broken.
18. If an injunction is broken, committal / committee proceedings might follow: this is
a process in which a court is asked to send the person who has broken the injunction to
prison.

Exercise 6.
Look at the list of crimes in the box, then look at the categories below. Decide which
category each one comes under, and write the crime in the appropriate space in the
table. Some crimes can be listed under more than one category. One of the words /
expressions in the list is not a crime.

A crime is an illegal act which may result in prosecution and punishment by the state if
the accused (= the person or people charged with a crime) is / are convicted (= found
guilty in a court of law). Generally, in order to be convicted of a crime, the accused
must be shown to have committed an illegal (= unlawful) act with a criminal state of
mind.

1. abduction 2. actual bodily harm 3. aiding and abetting (= assisting) an offender 4.
arson 5. assault 6. battery 7. being equipped to steal 8. bigamy 9. blackmail 10. breach
of the Official Secrets Act 11. breaking and entering 12. bribery 13. burglary 13.
careless or reckless driving 14. committing a breach of the peace 15. conspiracy 16.
contempt of court 17. criminal damage (vandalism, and sometimes also hooliganism)
18. deception or fraud in order to obtain property, services or pecuniary advantage 19.
driving without a licence or insurance 20. drug dealing 21. drunk in charge / drink
driving 22. embezzlement 23. espionage 24. forgery 25. grievous bodily harm 26.
handling stolen goods 27. indecency 28. indecent assault 29. infanticide 30.
manslaughter 31. misuse of drugs 32. money laundering 33. murder 34. obscenity 35.
obstruction of the police 36. paedophilia 37. perjury 38. perverting the course of justice
39. piracy 40. possessing something with intent to damage or destroy property 41.
possessing weapons 42. racial abuse 43. rape 44. robbery 45. sedition 46. suicide 47.
terrorism 48. theft 49. treason 50. unlawful assembly 51. wounding

Crimes against the person

Crimes against property

Public order offences

Road traffic offences

Sexual offences

Political offences

Offences against justice

S ne reamintim...
English for law is a complex structure that demands a lot of practice which
can be acquired by exercices.

Unitatea de nvare I .2. PRESENT TENSES

I.X.1. Introducere
This unit presents THE STRUCTURE AND USE OF PRESENT TENSES

I.X.2. Competenele unitii de nvare
After this unit you will know how to differentiate between the present
tenses and you will be able to to work with them independently.


You have been learning about the rules of present forms all your school life, so
you should be quite aware of them. That is why there are no rules included in this
book, but quite a few exercises that might help you revise and thus improve also
your speaking skills. To make your work easier I just included a few examples (I
live in a block of flats. She goes to work every day. They always travel to work
by car. I dont have any experience. He doesnt like team work. Where do you
come from? When does she get up in the morning? What are you doing?
Im reading these sentences now. It isnt raining outside.)

I. Answer these questions:
What do you do? And what are you doing at this moment? Im a student. Im
doing an exercise at the moment Im answering questions.
Do you use a computer? Are you using it now?
How often do you use it?
When do you work/study long hours?
Why do people go back to school?
What do you most enjoy about your school/work? Is there anything you dont
enjoy?

Do you come from a big family?
How many siblings do you have?
Do you get on well with them?
Do you go on holidays with your family? Where do you usually go?
Do you meet a lot of different people?
Do you have a lot of money? If so, how do you spend it?
Where does your best friend work/study?

II. Complete the dialogue using the verbs in brackets:
A: Where _________________ (you come) from? Where do you come from?
B: I _________________ (come) from Manchester.
A: _________________ (you live) in Manchester?
B: No, I _______________ (not live) in Manchester. I _______________ (live)
in London.
A: What _________________ (you do)?
B: Im an engineer. I _________________ (work) for Ben Johnson & Son Ltd.
A: How often _________________ (you travel) abroad?
B: I _________________ (not do) it very often. I very seldom go anywhere.

III. Fill in the correct present form:

Its 10 oclock on Monday morning in Atomic Ltd. In the Research and
development department they are having (have) a meeting at the moment.
Everybody who is involved in the new project _____________________(attend)
it. At the moment Bob _____________________(present) his ideas. He has
prepared an interesting PowerPoint presentation and while showing it, he
____________________(explain) several features.
They _____________________(organise) such meetings every Monday morning.
After these meetings, they all _____________________(return) to their desks
where they continue with the tasks.
In the production department the foreman _____________________(walk)
around the production plant and _____________________(control) the process.
He always _____________________(make) sure that things
_____________________(not go) wrong as that _____________________(be)
usually very costly.
Outside, at the loading ramp a van is parked. Some workers
_____________________(load) the truck with the faulty components they
received yesterday. They _____________________(send) them back to the
manufacturer.

I work (work) for an electric company, called New Electrics.
It is located in Kent and it _____________________(supply) a lot of households
with electricity. We also _____________________(provide) other services as we
want to have satisfied customers. If something _____________________(break)
somewhere in the system, we always _____________________(send) a specialist
right away. If he _____________________(not know) what to do, another expert
_____________________(come) and _____________________(have) a look at
the fault or damage.
We usually have most work after different kinds of storms when lines are broken
and whole areas are left without electricity. That also happened last night when
we had this huge storm so I really _____________________(not have) much
time as I must rush off to help people in trouble.

Hello, I am Bob Livingston. I am (be) the Technical and Quality Manager at GBS
in Berlin and I _____________________(work) within the Materials Testing
Division which _____________________(make) equipment used by different
companies. They use our equipment to test different properties of materials, such
as strength, durability, softness, resilience and so on. GBS
_____________________(employ) about 2,800 people and
_____________________(be) a leading supplier of this type of equipment.
Im responsible for operations which _____________________(mean) that Im
in charge of Research & Development and Quality. If something
_____________________(go) wrong, Im the one who
____________________(have) to find a solution and who
_____________________(provide) answers to the Board.
Currently, we _____________________(work) with our new clients from Japan.
They have just placed a huge order so we _____________________(have) some
difficulties fulfilling it. We have called in all workers, also the ones taking a
holiday so we can finish the work on schedule.

Jonathan Black is (be) an executive recruitment specialist who has turned to
writing. The result is the book Bosses Speak, based on interviews with 30 Chief
Executives. Each top manager none of them very famous is given a chapter
and there is also some introductory material and a conclusion. This
____________________(mean) you can jump from one person to another which
is good for people who ____________________(be) too busy to read a book
from cover to cover. It ____________________(not be) expensive although
whether its good value for money its doubtful.
Some of the interviewees started their own business while others joined a
company and worked their way up. Some ____________________(be) fairly
new in their position while others have had years of experience. However,
Jonathan _____________________(not seem) interested in these differences.
They work in different area, from retailing to airlines, engineering, construction
and software. This variety also _____________________(form) the main theme
of the book.
I have to say that Jonathans approach _____________________(annoy) me. He
rarely _____________________(stay) at a distance from his interviewees, who
are mostly presented in their own, positive words. However, he
_____________________(seem) to dislike certain interviewees. As a result, I
_____________________(not know) whether to accept any of his opinions or
not. It also means that the book _____________________(give) no clear lessons.
At the very least, I expected to learn what _____________________(make) a
successful Chief Executive. But these people seem to share two types of qualities.
Some of them are very common, suggesting that anyone can be equally
successful, which definitely is not true.
And the other qualities are the ones that most successful bosses Ive seen or met
definitely _____________________(not have). So in the end, Im not much
wiser what _____________________(go) on.
Perhaps Im being unfair. As long as you _____________________(not think)
about whether you would like them as friends, and pay no attention to what they
say, the most readable parts are where bosses describe their way to their present
position.Nevertheless, Jonathan _____________________(seem) to think that his
book would be useful for people who _____________________(aim) for the top.

IV. Correct these sentences:
Engineers has to work closely with production. Engineers have to work closely
with production.
What does they talk about, is it the new project?
Does your company produces electronics?
Im thinking this is your design. Do I right?
What does these mechanics do?
An engineer is using the computer every day.
How often does you have to work overtime?

S ne reamintim...
Lets reember the uses of present tenses

Rezumat
This unit introduces the present tenses with uses and forms.

. Unitatea de nvare I.3. EXPRESSI NG OBLI GATI ON, ABI LI TY,
ADVI CE, PERMI SSI ON

I.1.1. Introducere
This unit deals with the EXPRESSION OF OBLIGATION, ABILITY,
ADVICE AND PERMISSION

At the end of this unit students will use the modalizing values by themselves


Exemple
You can do all that with the use of modal verbs. We can express strong obligation
or prohibition with must mustnt (I must go now, Im very late. You must start
exercising if you want to be healthier. You mustnt mix that, it can cause an
explosion.). Mild obligation is expressed with the correct form of the verb have to
(I have to go to a meeting this afternoon. She has to get up early to get to work on
time. Next week they will have to work long hours to fulfil all the orders. She had
to recharge her mobile this morning as the battery went dead. Mike doesnt have
to commute to the factory as he lives five minutes away.). We express ability
with can cant, could couldnt, be able to (I can speak English but I cant
speak French. When she was only two, she could swim like a fish. When I finish
this book, I will be able to speak English much better.) Can, could are besides
may, might (which are also used to express possibility) also used for permission
(Can I use your computer for a while, mine has crashed? Could she attend the
meeting? May I borrow your car? I may be able to help you.).
To express advice and sometimes criticism should is used (You shouldnt touch
that, it can kill you! She should go home and stay in bed if shes ill. If you wanted
to pass the test, you should have studied more!).

I . Complete these sentences with the correct modal verbs:
We will have to go to school by bus as we seem to have car trouble.
Im really up to my eyes today. I wonder if I ____________ call you back
tomorrow.
300,000! You ____________ be right. It ____________ be a mistake.
Give me ten minutes. Ill call you back. We ____________ be able to send you
the shipment today.
You ____________ think twice before making accusations!
We ____________ all open our eyes and pay more attention to the dangers
around us.
Im sorry but I ____________ help you anymore.
Each member of a team ____________ do their share of work.
Be careful, the floor is slippery, you ____________ slip and break an arm or leg
or even worse.
____________ I have a beer, please?
If I want to earn some holiday money, I ____________ work overtime.
____________you ____________ go now? Its running late.
Look, you seem ill to me. I think you ____________ go home early today.
You ____________ use a metal ladder here. You ____________ get killed.
Its easy to do that and you ____________ spend a lot of money.
You ____________ leave any machine running if theres no one present.
We ____________ stay at work all night yesterday as we had so many urgent
orders.

II. Two friends are discussing what is allowed to carry on the plane. Complete the
dialogue with the missing modal verbs:
Pete: Can I bring this laptop on board?
Jack: Yes, but Im afraid you ____________ take those scissors with you.
Pete: ____________ I pack this camera in my suitcase?
Jack: No, you ____________. You ____________ take it in your hand luggage.
Pete: Do I ____________ leave the knife in my suitcase?
Jack: Yes, of course, you ____________ carry anything sharp on board of the
plane.
Pete: What about an umbrella?
Jack: You ____________ worry about an umbrella. It is allowed to have one in
your carry on luggage.
Pete: And finally, what about drinks?
Jack: Liquids are only allowed if they are less than 100 ml. You ____________
buy something to drink either after you pass the security controls or on the plane.
Pete: Thanks so much. Youve really been very helpful.

S ne reamintim...
Lets reember the uses of modal verbs

Rezumat
This unit introduces the uses of modal verbs

Unitatea de nvare I.4. EMPLOYMENT LAW

I.1.1. Introducere
This unit deals with the elements of the employment law

By completing the exercises in this chapter you will:
_ Consider language and grammar appropriate to an Employment Tribunal
_ Consider reported and direct speech within the context of employment law
_ Use appropriate vocabulary in the course of negotiating an employment law case
_ Undertake language practice in the course of an unfair dismissal claim
_ Acquire an appreciation of the law of unfair dismissal and Employment Tribunal
practice and procedure


Exemple
Unfair dismissal
There is a statutory right in English law not to be unfairly dismissed from
employment,
as provided by s. 94 Employment Rights Act 1996. An employee normally requires
at least one years service with his or her employer in order to be eligible to pursue
an unfair dismissal claim. This qualifying period does not apply however in
discrimination cases (such as dismissals based on race, sex, disability, sexual
orientation or religious/belief discrimination). There is a three-month limitation
period (commencing from the date of dismissal) for issuing a claim for unfair
dismissal. The venue for hearing unfair dismissal claims is known as an
Employment Tribunal (ET).

The law of unfair dismissal
To defend an unfair dismissal claim an employer must firstly satisfy the
Employment Tribunal that the employee was dismissed for a legally acceptable
reason pursuant to
s. 98 of the Employment Rights Act 1996 (ERA). This includes for instance
conduct,
capability (including ability or professional qualifications) and redundancy.
A large percentage of unfair dismissal claims are defended on the basis of the
employer
contending that the dismissal was justified on the first of these grounds, namely
conduct. In order for a dismissal on the ground of conduct to be fair in law as
opposed to unfair, it must be a reasonable response to the conduct in question.
Alternative possibilities should have been considered by the employer (such as a
written warning or demotion as opposed to dismissal).
If the ET determines that the reason for dismissal does not come within s. 98 ERA
then it will make a finding of unfair dismissal. If however it is satisfied that
dismissal was for one of the legally acceptable reasons it will then consider whether
the dismissal was fair in all the circumstances. This involves consideration of
whether the employer adopted a fair procedure in the course of dismissal. Including
for instance taking into account whether:
_ A disciplinary hearing was held prior to dismissal
_ The employee was provided with the opportunity to explain his or her version of
events
_ The employee was provided with a right of appeal

CHARLES E. SCOVILLE v BANNERMAN AND LAW SECTION 11

1. I to begin / beginning / began [1] employment with Law and Bannerman (the
Respondent) on 16 March 2003. I employing / was employed / to employ [2] as a
legal
cashier, worked / to work / working [3] in a team of four within the Respondents
accounts
department. My work principally involved double-entry book-keeping of the firms
client account and client ledgers. The Respondent is an international law firm, have
/ having / to have [4] several overseas offices.

2. At my annual appraisal meeting in March 2007 I was telling / to tell / told [5] by
my
manager that management were very pleased with my work. I was to give / given /
give [6] a pay rise to reflect this. I have never received any disciplinary warnings.

3. However on Monday 26 April 2007 I arriving / to arrive / arrived [7] at work as
usual
at about 8.50 a.m. I am in the habit of driving / drove / to drive [8] to work since
there
is a staff car-park. I had just parked and was to enter / entering / enter [9] the
building
when I was suddenly confronted by Mr Henry Moore, the Respondents Managing
Partner. He started shouting / shout / to shout [10] at me. I was shocked and
confused. Then he suddenly to tell / told / tell [11] me I was sacked. I tried to
reason with him but he was too angry to listen.

4. Shortly after that the police arrived / arrive / to arrive [12]. They inform / to
inform / informed [13] me that I was being accused of stealing a large amount of
money from the Respondent. I told Detective Constable Clouseau that was absurd. I
to explaining / explained / explain [14] that I had done nothing wrong. The police
subsequently accepted this and discontinued their enquiries.

5. I was nevertheless summarily dismiss / to dismiss / dismissed [15] on Monday 26
April
2007 for alleged gross misconduct. I therefore respectfully contend / contending / to
contend [16] that I have been unfairly dismissed. There was no valid nor acceptable
reason for my dismissal.

6. My dismissal was also procedurally unfair. In particular I was not granted a
disciplinary hearing. I was therefore to deny / deny / denied [17] the opportunity
providing / to provide / provide [18] an explanation. In addition I have been denied
an appeal hearing.

Exercise 5 Language practice (i)
The following phrasal verbs are commonly used in legal English:

sue for damages
call for the witness
take down a statement
draw up a court order

Complete the following sentences by inserting the appropriate phrasal verb from
those above into each of the blank spaces below.

1. We expect the Judge to . shortly.
2. My lawyer has told me he is now going to .for approval by
the court.
3. I have arranged for my secretary to .from the independent
witness.
4. If you do not compensate my client for your negligence he will
.

Exercise 6 Language practice (ii)
Complete the following statements by selecting the correct expression to place in
the blank spaces from the list of single-word adverbs and multi-word adverbial
expressions in the panel below.
1. I you accept the present offer.
2. Our offer is an one.
3. I do .that the contents of my statement are
true.
4. The Defendant .the claim against her.
5. The negotiation was ...
6. You will need to ..your present offer if
settlement is to be achieved.
7. The Claimant was in the course of his
work.
8. A Judge must be ..in the course of arriving
at his decision.
9. An advocate must never the court.
10. The court ordered the Defendant to working for
a competitor.
11. The employee was .
12. My client is hoping to

extremely generous severely injured deliberately mislead
solemnly declare strongly suggest successfully
defended
dismissed without notice totally objective settle out of court
substantially increase refrain from extremely fruitful

S ne reamintim...
Lets remember the names of differnt jobs and what they imply

Rezumat
This unit introduces different vocabulary and structures that are used in the
Employment law

Unitatea de nvare I.5. LAW BULLETI N

I.1.1. Introducere
This unit deals with the distinction between barristers and solicitors

This chapter contains a selection of articles on topical legal issues. By
completing the tasks in this chapter you will have:
_ Read and considered an article on the distinction between barristers and
solicitors
_ Practised relevant grammar exercises including tense review and comparative
and superlative forms of written and spoken English


Exemple

Many students have decided on a career in the law, but are unsure of the next step.
Margot Taylor explains the pros and cons of each branch of the profession
The two main branches of the legal profession are solicitors and barristers
(advocates in Scotland). There are also legal executives, who regard themselves as a
third branch. In the past ten years, the difference between the branches has become
increasingly blurred: solicitors can now qualify as higher court advocates, and
barristers can deal directly with some kinds of client (chiefly other professionals)
without the need for the client to see a solicitor first.

Read the following article then complete the exercises which follow.
WHICH ROUTESOLICITOR OR BARRISTER?

TYPE AND VARIETY OF WORK
Solicitors' work covers a broad range, including advising commercial and private
clients on business matters and property and undertaking litigation. The degree of
specialization of solicitors' firms varies enormously. Some offer general legal
services,
from conveyancing and drafting wills to acting for defendants in criminal cases.
Others
specialize in one or two areas, perhaps doing only corporate work or personal injury
work. The smaller the firm and the broader its range of work, the less likely its
solicitors will specialize in only one area.
Most barristers' work is confined to litigation, although some do largely advisory
work, for example on taxation or company matters. Traditionally barristers
specialize in one or a few areas of law, although this is not true of all. In their early
years most undertake a broad range of cases until they develop expertise in a
particular area. Some barristers in "general common law" chambers continue to
have a broadly based practice.
Whether, or how much, you specialize as a barrister will depend to a large extent on
the cases you get in your early years. So, if you do not want to do litigation, think
twice before you become a barrister. Otherwise, whether or not you specialize will
not rest entirely on whether or not you join the Bar or become a solicitor but will be
influenced by the type of firm or chambers you join.

TRAINING
Beyond the academic stage the training to become a barrister or solicitor is very
different. The Bar Vocational Course is exclusively focused on the skills and
knowledge required of an advocate: litigation, evidence, drafting, advocacy, etc.
This is followed by 12 months of pupilage. The Legal Practice Course is much
broader and covers business law and practice, property and litigation and advocacy.
This is followed by a two-year training contract in a firm.

WORKING CONDITIONS
Most solicitors are salaried employees and keep office hours, report to a senior
person and work within the collective ethos of the firm. However, they generally
have "billing targets" (to achieve a number of chargeable hours) which can be
stressful and require detailed record-keeping. Barristers are self-employed but
usually work out of chambers (a group of barristers) with a clerk who takes referrals
from solicitors. Theoretically free to work as and when they please barristers must
be available to take work as it comes in. Barristers are generally paid a fee for each
piece of work from which they must deduct their share of the costs of running the
chambers. A barrister's earnings are therefore much less secure than a solicitor's,
particularly in the early years.

ADVOCACY
Many barristers, particularly those doing criminal work, spend most of their time as
advocates. However, some civil practitioners spend more of their time dealing with
cases out of court. Solicitors have rights of audience in the lower courts and
although many do no advocacy some do a substantial amount.
Some solicitors qualify for rights of audience in the higher courts, with some City
firms encouraging this. The advantage of this route over qualifying as a barrister is
that you work from the base of a legal practice. It is done to enhance your work. The
disadvantage is that you are unlikely to do the same volume of advocacy as those
who qualify for the Bar. If you really only want to do advocacy, the Bar,
particularly criminal work, is probably the place for you.

CONTACT WITH CLIENTS
A solicitor has overall conduct of a case and develops a working relationship with
the client, which can be rewarding. But it can also be frustrating, particularly
dealing with the more demanding clients, accounting for all client money and
dealing with documentation and costs. A barrister is briefed by the solicitor for
specific tasks, for example, drafting a document or acting as an advocate. This
would appeal to someone who dislikes routine paperwork but can be frustrating if
insufficient or wrong information is provided. A barrister may have little
opportunity to develop any relationship with the client.

NOT A FINAL CHOICE
The division between solicitors and barristers is becoming less distinct, with
solicitors doing more advocacy and clients instructing barristers directly. Moving
between the two halves of the profession is straightforward, so a choice now will
not dictate your work for life.

Answer the following questions concerning the above article.
1. Explain in a few sentences the main difference between a barristers work and
that of a solicitor.
2. How long does a trainee barristers pupilage last?
3. How long does a trainee solicitors training contract last?
4. Which branch of the legal profession develops a closer on-going relationship with
clients and why?
5. State two areas of law which solicitors can specialize in.
6. What factors influence the areas of legal work a barrister becomes involved in
during the initial stage of his or her career?
7. Where do barristers practise from?
8. Which branch of the legal profession do you consider yourself best suited to and
why?
Discuss.

Exercise 1 Comprehension
Complete the following sentences by filling in the blank spaces with appropriate
phrases from the text.
1. Barristers work predominantly involves [1] ., i.e. court
work.
2. There are basically two types of lawyers in England, namely solicitors and [2]
..
3. Solicitors are often under pressure to achieve [3]
.
4. Barristers undertake a [4] .course
following the academic stage of their training.
5. Solicitors undertake a [5] course following the
academic stage of their training.
6. Solicitors have overall conduct of a case whereas barristers are [6]
..at specific stages of a case.

S ne reamintim...
Lets remember the differences between the barrister and the solicitor

Rezumat
This unit introduces the differences between the barrister and the solicitor

Unitatea de nvare I.6. CROSS-EXAMI NATI ON

I.1.1. Introducere
This unit deals with the concept of cross-examination and with the
procedures that it involves

This chapter contains a selection of articles on topical legal issues. By
completing the tasks in this chapter you will have:

_ Read and considered an article on witness examination in the courtroom


Exemple

Read the following article then complete the exercises which follow.
HAVING CROSS WORDS IN THE COURTROOM

Q How do you start to prepare for cross-examination?
A Practitioners prepare for cross-examination differently. Some start with the
witness statement (which stands as, in most civil cases, the evidence in chief). They
then work through the points the witness supports in the other sides case, take out a
list of other issues that need to be challenged, mark any internal inconsistencies in
the witness statement, explore the trial bundle for documents to put to the witness,
and work out a series of questions from there.
A better approach is to start from the propositions you would like to make in the
closing submissions and work backwards. Sometimes arguments are raised in
closing submissions that have not been put to the witnesses during cross-
examination.
This is unavoidable as cases change considerably during trial. However, more often,
it is because the themes of the witnesses evidence had not been tied in to the
closing arguments beforehand. Alert judges are aware of this. How often have you
heard in judgments XYZ was not put to the witness, so I am unable to make a
finding on that... or counsel chose not to challenge that in evidence... Sometimes
the failure to challenge is deliberate; often it is not. You can reduce the risk of this
happening by tying in, from the start, the themes of your cross-examination with the
bare threads of your closing argument.
An effective way to start your preparation is to consider from the outset the theme
your series of questions is going to follow. The theme will be case-specific,
designed to deal with your clients slant on a particular issue that the judge must
consider when reaching his decision. Equally, your theme may be based solely on
discrediting the testimony of the witness. Either way, this theme should be prevalent
throughout your questioning.
Set out your theme on a cross-examination route plan an overall guide to your
cross-examination from where all your notes and questions will be devised. Only
once this is prepared are you ready to start effectively preparing your cross-
examination.

Q How should I approach my cross-examination route plan?
A Your route plan is the guide to where you want to take this witness in front of the
judge (or jury in criminal cases). The purpose of any cross-examination is twofold:
to elicit favourable evidence and discredit evidence that is unhelpful. Anything else
is a fishing exercise, which should be avoided. Set out the following on a sheet of
paper:
_ Which part of this witnesss evidence in chief assists or supports your case?
Usually there are a few agreed facts make a list of these.
_ How can this witness corroborate your theory of the case? Tie these agreed facts
in with your theory of the case and consider the propositions required to turn this
witness into corroborating your clients slant on the issues.
_ What must this witness admit? Make a list of the propositions you would like this
witness to admit these propositions should all tie in with your theme for this
witness and the overall theory of the case in closing.
_ What should the witness admit? Consider what the witness cannot deny from the
agreed facts the propositions from which he cannot possibly escape. Use these to
develop your position in other areas. These are all useful tools for effective cross-
examination.

Q What tips can you give practitioners in advance of their first cross-
examinations?
A Cross-examination depends on your audience. You are expected to act in a
different way before juries or lay magistrates than you are in front of a county or
High Court judge or a lawyer-led tribunal. Remember who your audience is and be
flexible. On presentation, it is usually a good idea to bear in mind the following
advice:
_ Make your questions leading answers should be yes or no. If you ask an open
question, the witness can respond in any number of ways.
_ Make a statement of fact and ask the witness to agree with it. The best
practitioners keep control of their witnesses by putting facts to the witness in the
question and asking them do you agree? This leaves the witness with no room to
manoeuvre into unhelpful matters. Lead up gently to the main question with a series
of agreed facts from your route plan.
_ Be confident. Advocacy is like acting and even more so in jury trials. If you do
not project gravitas and authority the effect of your cross-examination will be lost, a
jury will not be impressed and the witness will start to take advantage.
_ Be polite to the independent and expert witness, unless circumstances dictate
otherwise.
_ Listen to the witness. Often cross-examiners are not listening to the witness. This
is acceptable if the witness provides you with an expected answer, but witnesses are
more often than not sophisticated and unpredictable. Listen to what they are saying
and be prepared to challenge an issue they raise for the first time.
_ Do not, under any circumstances, argue with the witness. All too often cross-
examiners respond to throwaway remarks by witnesses designed to challenge
propositions put to them. If they answer a question with a question, tell them it is
your role to ask the questions and their role to answer them.
On content, remember:
_ Make your strongest points at the start and end of your cross-examination.
_ Keep your eye on your audience; judge the reactions. You may not need the
audiences constant attention you may, after all, be eliciting evidence for a closing
submission but you do need to keep its interest or provide for it a point of
reference if you want the audience to follow your theme on closing. _ Vary the
order of subject matter. This may be better done by taking it issue-by-issue or
chronologically.
_ Try your best not to allow the witness to repeat his direct examination.
_ Know the probable answer to each question and devise a route plan for any
unexpected answers.
_ Do not start to prepare a script of all the questions you propose to ask. It may
make you feel safer having all the questions on one sheet of paper, but it will not
help you on the day.

Exercise Word collocations
Match each word from the first column below with a corresponding word in the
second column. By way of example the first one is done for you.

witness question
open trial
cross examination
jury statement
High chief
examination in Court

Exercise Word Search

Complete each blank space below by inserting a word or phrase from the text which
is similar in meaning to each of the following. (The paragraph number of the text in
which the answer is located is indicated in brackets to assist you.)

1. closing submissions c _ _ _ _ _ _ _ _ _ _ _ _ s (para. 2)
2. contentions p _ _ _ _ _ _ _ _ _ _ _ (para. 2)
3. witnesses version of events witnesses e _ _ _ _ _ _ _ (para. 2)
4. backs up your legal arguments s _ _ _ _ _ _ _ your c _ _ _ (para. 5)
5. court representation a _ _ _ _ _ _ _ (para. 6)
6. advocates who question other partys witnesses c _ _ _ _ e _ _ _ _ _ _ _ _ (para.
6)

S ne reamintim...
Lets remember the way cross-examination is being made

Rezumat
We revised the structure of cross-examination

SHORT REVISION
1. What is cross-examination?
2. What means unfair dismissal?
3. Can you describe your daily obligations at home?

Modulul II. TRIAL

Cuprins
Modulul II.TRIAL .........................................................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
...................................................................................... Unitatea de nvare II.1.Trial
....................................................................................... II.1.1. Introducere
....................................................................................... II.1.2. Competene
Unitatea de nvare II.2.Giving instructions ............................................
....................................................................................... II.2.1. Introducere
....................................................................................... II.2.2. Competene
Unitatea de nvare II.3.Advocacy Practice .............................................
....................................................................................... II.3.1. Introducere
....................................................................................... II.3.2. Competene
Unitatea de nvare II.4.Present Perfect ....................................................................................
....................................................................................... II.4.1. Introducere
....................................................................................... II.4.2. Competene
Unitatea de nvare II.5 Giving Directions ................................................................................
....................................................................................... II.5.1. Introducere
....................................................................................... II.5.2. Competene
Unitatea de nvare II.6.Latin English .......................................................................................
....................................................................................... II.6.1. Introducere
....................................................................................... II.6.2. Competene
Tem de control ............................................................................................................

Introducere
This module introduces some basic information for all law students necessary in
their future careers in their professinal development. The module contains 6 units,
each addressing one important domain

Competene
After this unit you will have a more detailed knowledge about what a trial
means and what its data are.
Unitatea de nvare I I .1. TRI AL

II.1.1. Introducere
This unit deals with what a trial is

II.1.2. Competenele unitii de nvare
By completing the tasks in this chapter you will:
_ Practise vocabulary and grammar required for questioning witnesses
_ Understand the concepts of examination in chief and cross-examination
_ Amend a witness statement to take account of correct grammar and tenses
_ Analyze evidence in a case/prepare a basic case analysis
_ Undertake advocacy preparation
_ Conduct witness examination using appropriately structured questions and
questioning techniques


Exemple
Advocacy guide
Advocacy is a skill essential to every lawyer, particularly those involved in both
civil and criminal court litigation. Effective advocacy requires the ability to
present information clearly and to put forward arguments persuasively in order to
advance a clients case. Good advocacy involves a combination of language
skills, a good range of vocabulary and a sound grasp of grammar. Clear
pronunciation is also important. The specific procedure, rules of court and degree
of formality expected of an advocate may vary depending on which legal
jurisdiction is involved. (For instance courts in the United States of America
generally require a less formal approach in terms of dress code and manner of
address than English courts.) Nevertheless certain fundamental principles of
advocacy are universally applicable.

Examination in chief
An advocate elicits evidence from his or her own witnesses by means of what is
termed examination in chief. It is important to remember that the lawyer cannot
give evidence. That is the role of the witness, not the advocate. The advocates
job is to get each witness to provide his or her evidence to the court. This is
achieved by asking each witness a series of questions intended to develop the
clients case. These questions must be non-leading questions as opposed to
leading questions.
A leading question is one which suggests the answer, or implies the existence of
some particular fact(s) or circumstances and usually prompts a short answer
amounting to yes or no. For instance: You saw your colleague Henry Hodson
steal the money, didnt you Mrs Smith?
A non-leading question on the other hand does not suggest the answer.
Nonleading questions normally start with:
_ pronouns such as: who; what; where; when; why; how
_ interrogatives such as: please explain
For example: What happened next?

Cross-examination
Cross-examination is the stage in a trial when a witness for one party is
questioned by the other partys lawyer. A witness is usually cross-examined after
having provided his examination in chief. A lawyer is under a duty to put his
clients case to the witness when cross-examining. This involves putting his
clients version of events to the witness. Well conducted cross-examination can
bring further evidence to the courts attention which is of benefit to your client. It
can also undermine the other partys case by revealing evidence which questions
the witnesss credibility or reliability. For instance, by showing that the witness is
uncertain about what s/he actually saw, or that s/he is an unreliable witness
because of his or her character (e.g. has a criminal conviction), or is biased.
Unlike with examination in chief, it is permissible and indeed standard practice to
ask leading questions when conducting cross-examination.
Leading questions often start with words such as did, was and were.

S ne reamintim...
Lets remember what are leading and non-leading questions

Rezumat
We have dealt with leading and non-leading questions

Unitatea de nvare I I .2. GI VI NG I NSTRUCTI ONS

II.2.1. Introducere
This unit presents the MANNERS IN WHICH INSTRUCTIONS CAN BE
GIVEN

After this unit you will know much more about giving instructions


In our everyday but also professional life we have to give and follow certain
instructions.

Have a look at this example about how to change an oil filter:
Check the handbrake is on and jack up the front of the car. Put a shallow pan on
the ground under the engine. Make sure thats directly underneath the engines
drain plug. Unscrew the drain plug and wait for the oil to drain completely. It will
flow out easily. Replace the plug and tighten it with a wrench. Then locate the oil
filter. Remove the filter by rotating it slowly counter clockwise. Pour any
remaining oil into the pan. Screw in the new filter, rotating it clockwise. Do not
screw it too tightly. Remove the drain pain and carefully pour the oil into a
special container that can be sealed off.
Lower the car to the ground again. Do it slowly. Then pour new oil in. Check for
any leaks under the car.
Repeat this process every 5,000 kilometres to keep your car in a good condition.

I. Write down another instruction: for example how to operate your
mobile, TV, DVD, a washing machine

II. Can you guess which devices these instructions are for?
Put on this suit before going for a ride. In a crash it swells with compressed gas
and protects your body. Protective jacket and trousers.
Lose weight by using this. It has sensors that time your mouthfuls. When the red
light comes on, wait. When the green light comes on again, you can eat another
mouthful. Keep cool on hot days by wearing this. It protects your head and
because of the size also your upper body.
.

S ne reamintim...
Lets remember the way in which we can give instructions

Rezumat
This unit introduces the way in which we can give instructions

. Unitatea de nvarei I I .3. ADVOCACY PRACTI CE

II.3.1. Introducere
This unit deals with the manner in which advocates should address the
Court

At the end of this unit students will recognize the ways in which advocates
should address the Court.


Exemple
I. Addressing the court
Advocacy also involves certain inter-personal skills, including non-verbal
communication (NVC) or body language. The following is a checklist of principles
you should bear in mind in order to become a good and persuasive advocate.
_ Enunciate words clearly and speak with sufficient volume
_ Address the court at an appropriate pace, ensuring that you do not speak too fast
or too slowly
_ Modulate the tone and pitch of your voice to maintain the Judges interest
_ Use the correct mode of address to the Judge (i.e. Your Honour or Your
Lordshipetc.)
_ Adopt a suitable posture (for instance do not slouch or put your hands in your
pockets)
_ Use appropriately formal language (neither pompous nor too colloquial)
_ Demonstrate courtesy, a professional manner and ensure a smart appearance (do
not make personal comments for instance about the opposing advocate!)
_ Avoid distracting mannerisms (such as hand or arm movements)
_ Maintain reasonable eye contact with the Judge (while being aware that in some
cultures eye contact is regarded as threatening or disrespectful)

Exercise 4 - Advocacy practice
Advocacy practice will develop your advocacy skills, which in turn will increase
your confidence in using legal English. Now imagine that you are a barrister who has
been instructed to appear in court tomorrow on behalf of the Claimant in a case
against a motor car manufacturer. You have received the following brief to counsel
from your instructing solicitor. Read this brief to counsel. Then plan and write out
several cross-examination questions to put to the defendants managing director on
behalf of the Claimant. (Remember to make these leading questions.)

GOOD PRACTICE TIP: Firstly determine the answers you wish to obtain and then
formulate questions which will result in the witness providing the desired answers.
Try to keep your questions short.

IN THE KINGSTON UPON THAMES COUNTY COURT CASE NO.
KT4 18932

BETWEEN:
FERNANDO ESTEBAN Claimant
And
HYPERFORMANCE SPORTS-CARS LIMITED Defendant

BRIEF TO COUNSEL
Counsel is instructed to act on behalf of the Claimant at the forthcoming trial of this
action. The basic details of the case are as follows.
The defendant manufactures a range of expensive handbuilt sports cars, including a
model known as the Mephisto. The Claimant purchased one of these Mephisto
models six months ago, at a cost of 40,000.
The Claimant was injured on 14 August 2007 whilst driving this newly purchased
vehicle. The Claimant sustained serious injuries. In particular a broken wrist,
fractured collar bone, broken index finger and concussion. The facts of the accident
are as follows.
The Claimant was driving his Mephisto car towards Oxford on the M4 motorway at
a speed of approximately 70 miles per hour. The car has an automatic gearbox and
top gear was engaged. Suddenly the car engaged reverse gear, causing rapid
deceleration which resulted in the Claimants injuries.
The Claimant therefore contends that his injuries were caused as a direct result of the
defendants negligence. Also, that the vehicle was not of satisfactory quality, this
being an implied term of the Claimants purchase contract with the defendant
pursuant to section 14(2) of the Sale of Goods Act 1979. Counsel is therefore
instructed to argue that the defendant is liable to the Claimant for damages for
personal injury and for other financial losses incurred. The latter amount to 10,000,
representing the cost of a replacement gearbox (4,000) and lost earnings of 6,000
(the Claimant being an accountant and having been off work for four weeks).
Instructing solicitors have arranged for a consulting engineer to attend court
tomorrow to provide expert evidence confirming that the car suddenly engaged
reverse gear.
It is the Claimants case that this clearly establishes negligence on the part of the
defendant, since a car should not suddenly go into reverse gear while traveling at 70
miles per hour!
Indeed instructing solicitors believe that the defendant knew about this fault in the
gearboxes it fits to the Mephisto models. In particular, there have been several press
reports of similar accidents having occurred in England and in the United States,
whereby the car has suddenly engaged reverse gear. Counsel is therefore asked to
raise this matter with the defendants managing director in the course of cross-
examination.
Counsel should also be aware however that the defendant strongly denies liability,
contending that the accident was caused as a direct result of the Claimants own
negligence.
The defendant does not dispute that the vehicle went into reverse gear immediately
prior to the accident. The defendant alleges however that this was due to the
Claimant negligently engaging reverse gear while traveling at speed, thereby
inevitably causing the accident. This is vehemently denied by the Claimant. The
aforementioned engineer who will be attending court has therefore been asked for his
expert opinion regarding this allegation. Unfortunately however the engineer has
concluded from examining the gearbox that it is impossible to state with any degree
of certainty whether the Claimant changed gear or whether the vehicle slipped into
reverse gear due to a mechanical fault in the gearbox.
Counsel is instructed to endeavor to persuade the court to find in favor of the
Claimant and to award damages for personal injury and the other losses outlined
above.

..
Delaney & Co.
Solicitors for the Claimant

S ne reamintim...
Lets remember the manners in which advocates should address the Court

Rezumat
This unit introduces the manners in which advocates should address the
Court

Unitatea de nvare I I .4.PRESENT PERFECT

II.4.1. Introducere
This unit deals with the present perfect: forms, use

At the end of this unit students will use present perfect structures.


Exemple
Present perfect is a tense that we dont have in our mother tongue so it often causes
problems to the Romanian learners of English (I have already done the exercise.
Ive never tried something so dangerous. She has just finished her work. They
havent returned our call. She hasnt seen something like that before. Ive been
teaching for a very long time. Shes been working too much lately.)

I. Answer these questions:
What have you done so far today? I have had breakfast, I have driven to school.
Why have you decided to study engineering?
Have you been doing anything interesting lately?
Where have you been on your holiday?
Who has influenced you most so far?
How long have you been learning English?
Who have you always been able to rely on?

II. Complete the dialogue using the verbs in the list: called, installed, has, had, have
promised, havent, have, done, come, have installed:
A: Has all the equipment arrived yet?
B: Yes, it has already __________. It came this afternoon.
A: Oh, good. __________ you __________ everything?
B: No, I havent. I ____________________ enough cable to connect everything.
A: And have you connected the PCs to the printers and photocopiers?
B: Yes, I __________, but theres a problem with photocopiers.
A: Can you fix it?
B: I dont know. I ____________________ the software and everything seemed
OK, but then they called me and told me that they couldnt print.
A: Have you __________ the company that sold us the photocopiers?
B: Yes, of course. Ive just __________ that.
A: And what did they say?
B: They ____________________ to send a technician round tomorrow.
A: OK. Lets hope they can fix it.

III. Complete this extract from an advertisement about Emerging Markets Fund with
the correct form of the verb:
Over the past few years, before the worlds crisis, caused by the recession, the
capital returns from many emerging Asian markets have been (be) much higher than
those of the developed world. The same can be seen also in the countries of the
Latin America. For example, the markets in Argentina _____________ (rise) by
almost 800% and Mexico _____________ (increase) by more than 600%. In Asia,
the booming market in Thailand _____________ (go) up by 300% and investors in
the Philippines have earned more than 200%. The situation has worsened a little in
the past few months, but still looks much more promising than in the rest of the
world. The developed nations _____________ (not manage) to make anything
closely similar. Although the USA market _____________ (grow) a lot before the
crisis, it all went downhill last year with the start of the recession.
The growth rates that these emerging markets _____________ (enjoy) in the recent
years is phenomenal. Experts say that we can expect positive results also in the
future.

IV. Which of the options in the brackets is correct explain why?
I (have played/played) tennis when I was younger.
I (passed/have passed) the written test but I (havent taken/didnt take) the practical
part yet.
He was a service engineer and then he (has joined/joined) the production
department.
She (has qualified/qualified) as a mechanical engineer two years ago.
The first job Bob (has had/had) was at a small logistics company in Dublin.
(Have you ever been/Did you ever go) to Japan?
She (studied/has studied) civil engineering from 2007-2009.
These plans have been written/were written last month when their creative team was
working/has been working together with ours.

S ne reamintim...
Lets remember the form and use of the Present Perfect

Rezumat
This unit introduces the present perfect voice which is highly used in the
technical communication.

Unitatea de nvare I I .5. GI VI NG DI RECTI ONS

II.5.1. Introducere
This unit deals with giving directions

At the end of this unit students will learn how to give directions


Exemple

It doesnt really matter whether you live in a small town or a big city (it can also
happen within your own company), there will always be someone who cant find
their way around, and so you will need to give them precise and clear directions.
Look at theses examples:
A: Sorry to bother you, but could you tell me how to get to the Human Resources
department?
B: Sure. Its on the third floor of the main building. Just continue down the corridor
to the elevator and go to the ground floor. When you get out of this building, turn
right, go through the small park and you will see the main building in front of you.
A: Thank you. You are very helpful.
A: Im sorry but I forgot how to get to the conference centre tonight. Could you tell
me again?
B: Will you walk or go by taxi?
A: If its not too far, Id rather walk.
B: No, its not that far. You will need about half an hour.
A: Thats great. So, where do I go?
B: From your hotel just turn left and go down the main shopping street. When you
come to the church, turn left and continue uphill. When you come to the monument,
turn right and take the bridge across the river. The conference centre will be on your
left. I wish you a pleasant walk.
A: Thanks again.
A: Excuse me, please, how do I get from Mislinja to Ravne?
B: It will take you about 40 minutes. Just follow the main road and when you come
to Slovenj Gradec and you see the sign for the centre, turn left. Carry along through
two traffic lights and when you come to the roundabout, take the third exit.
Continue straight on, through Stari trg, Sele to Kotlje where you turn right and drive
for another 5 minutes before you reach Ravne. Its easy, just pay attention to the
traffic signs.
A: Thank you so much.
B: Youre welcome.

I Obtain a map of your town/city and practice giving directions to people who have
no idea where to go.

S ne reamintim...
Lets remember the use of giving directions

Rezumat
This unit introduces giving directions

Unitatea de nvare I I .6. LATI N ENGLI SH

II.6.1. Introducere
This unit deals with words that exist in English that are of Latin origin

At the end of this unit students will learn expressions that are highly
frequent in legal English


Exemple
ab initio
actus reus
ad litem
bona fide(s)
bona vacantia

I. Legal Latin
1. By the operation of the law.
2. Caught in the act of committing a crime.
3. On the face of it, or as things seem at first.
4. A gift (usually money) with no obligations attached.
5. Starting again.
6. On its own, or all alone.
7. The right to be heard in a court.
8. Among / In addition to other things.
9. A legal action or application pursued by one party only.
10. After the event.
11. Equally, or with no distinction.
12. An act, such as murder, which is a crime in itself.
13. When a threat is implied in a contract, and as a result the contract is invalid.
14. A legal remedy against wrongful imprisonment.
15. Taken as a matter of fact, even though the legal status may not be certain.
16. For a short time.
17. Legal action against a person (for example, one party in a case claims that the other
should do some act or pay damages).
18. By this fact, or the fact itself shows this to be true.
19. Acting in place of a parent.
20. A matter on which a judgement has been given.
21. A decision correctly made by a court, which can be used as a precedent.
22. Capable of committing a crime.
23. The duty to prove that what has been alleged in court is true.
24. In total good faith, a state which should exist between parties to some types of legal
relationship.
25. A real agreement to a contract by both parties.
26. A situation where the legal title is clear.
27. Referring to the case at law.
28. Mad, or not completely sane.
29. With no owner, or no obvious owner.
30. The mental state required to be guilty of committing a crime.
31. An action done in return for something done or promised.
32. From the beginning.
33. Legal action against a thing (for example, one party claims property or goods in the
possession of another).
34. An act forbidden by criminal law.
35. Not capable of committing a crime.
36. The real proof that a crime has been committed.
37. An act which is not a crime, but is forbidden.
38. In good faith.
39. Acting in a way which exceeds your legal powers.

ab initio
actus reus
ad litem
bona fide(s)
bona vacantia
consensus ad idem
corpus delicti
de facto
de jure
de novo
doli capax
doli incapax
ex gratia
ex parte
ex post facto
habeas corpus
in flagrante delicto
in loco parentis
in personam
in rem
inter alia
in terrorem
ipso facto
ipso jure
locus standi
mala in se
mala prohibita
mens rea
non compos mentis
onus probandi
pari passu
per curiam
per se
prima facie
pro tempore
quid pro quo
res judicata
uberrimae fidei
ultra vires

Exercise. Complete sentences 1 14 with appropriate words from the box. To help you, each
sentence is followed by an explanation in italics of the function of the missing word.

aforementioned hereafter hereby herein hereinafter
hereof hereto (x2)
heretofore hereunder herewith thereafter therein thereinafter
thereinbefore

1. We are somewhat confused, as the contract we received named the company as The
Sophos Partnership in the first paragraph, but __________ as Sophos Ltd. (listed or
mentioned afterwards in the document)
2. Could you explain why the interest rate is quoted as 17% on the final page of the
agreement you sent us, but as 15% __________. (listed or mentioned earlier in a document)
3. He was present when the exchange took place, and has been summoned as witness
__________. (of this event / fact)
4. For more information, see the documents listed __________. (below this heading or
phrase)
5. All parties are expected to comply with the conditions stated __________, unless a formal
application is made to do otherwise. (in this document)
6. Final delivery of the merchandise is to be made no later than the dates listed __________.
(relating or belonging to this document)
7. The copyright for this book will __________ be in the name of the author, Archibald
Thrupp. (from this time on)
8. According to the schedule of payments attached __________, invoices must be submitted
at the end of each month. (to this document)
9. You are advised to refer to the previous contract, and the terms and conditions cited
__________. (in that document)
10. The accused is to report to his probationer twice a week for the first month, and
__________ once a week for the next five months. (after that)
11. The parties __________ acting as trustees are to be consulted regularly. (previously,
earlier or before now)
12. Thank you for the prompt despatch of our goods. Please find a cheque enclosed
__________. (together with this letter or document)
13. This agreement is made on 1 April 2007 between Blueberry Press (__________ called the
PUBLISHER), and Michael Halmsworth (__________ called the AUTHOR). (stated later in
this document: the same word should be used to complete both gaps)
14. Mr Harrison has failed to comply with the terms set out in his contract, and we
__________ revoke the contract. (as a result or in this way)
15. The __________ company was awarded the contract under certain conditions. (mentioned
earlier)

Exercise . Fill in the words with letters to designate people in the law
2. A l________r is a general term for any qualified member of the legal profession.
6. An a________y is somebody who is legally allowed to act on behalf of someone else.
11. A member of 4 down is called a j________r.
12. The j________y is the collective word for all judges in a country, as well as the court
system in general.
13. An a________e is somebody who has the right to speak in open court as the
representative of a party in a legal case.
15. A t________r is a man who has made a will.
16. A b________r is a member of the legal profession who can plead or argue a case in one
of the higher courts of law.
19. An a________t is a person who appeals to a higher court in order to get it to change a
decision or a sentence imposed by a lower court.
20. A c________t is somebody who is kept in prison as punishment for a crime.
21. The person who is elected by the other 11 members of 4 down is called the f________n.
23. A p________n officer supervises people who have committed something wrong but are
not sent to prison, or people who have been released early from prison on certain conditions.
24. A s________t is someone whom the police believe has committed a crime.
26. A w________s is someone who sees something happen, or is present when it happens.
27. A j________e is an official who presides over a court and in civil cases decides which
party is in the right.
1. A c________t is a person who is represented by a 2 across.
3. A c________t is a person who takes legal action against someone in the civil courts.
4. A group of 12 citizens who are sworn to decide whether someone is guilty or not guilty on
the basis of the evidence they hear in court is called a j________y.
5. Somebody who receives something under a will is called a b________y.
7. A m________e is an official (who is not a 2 across and who is usually unpaid) who tries
cases in a lower court.
8. An a________r is somebody who decides who is right and what should be done in a
disagreement or dispute.
9. A t________r is someone who has committed a civil wrong, or tort.
10. The person who brings criminal charges against someone in a court is called a
p________r.
14. A d________t is someone who is sued in a civil case or somebody who is accused of a
crime in a criminal case.
17. A person who applies for a court order is called an a________t.
18. A s________r is a 2 across who has passed the examinations of the Law Society and has
a valid certificate to practise, who gives advice to members of public and acts for them in
legal matters.
22. A c________r is a public official who investigates the cause of death or the reason for it,
especially if it is sudden or unexpected.
25. C________l is the term for a 16 across acting for one of the parties in a legal action.

S ne reamintim...
In this unit we obtained a lot of useful vocabulary about legal English.

Rezumat
We have looked at Latin idiomatic expressions in English

Modulul III. PEOPLE IN THE LAW

Cuprins
Modulul III People in the Law.. ...................................................................................................
.................................................................................................................. Introducere.
................................................................................................................... Competene
.............................................................. Unitatea de nvare III.1 People in the Law.
..................................................................................... III.1.1. Introducere
..................................................................................... III.1.2. Competene
....................................................................................................................
..................................................................... Unitatea de nvare III.2 Verb Patterns.
..................................................................................... III.2.1. Introducere
..................................................................................... III.2.2. Competene

................. Unitatea de nvare III.3 Expressions with work, take, get, make and do.
..................................................................................... III.3.1. Introducere
..................................................................................... III.3.2. Competene

................................................................ Unitatea de nvare III.4 Reported Speech.
..................................................................................... III.4.1. Introducere
..................................................................................... III.4.2. Competene
....................................................................................................................
..................................................... Unitatea de nvare III.5.Punishment and Penalty
..................................................................................... III.5.1. Introducere
..................................................................................... III.5.2. Competene
......................................................................................................................................
........................................................................ Unitatea de nvare III.6 Conditional.
..................................................................................... III.6.1. Introducere
..................................................................................... III.6.2. Competene
Tem de control ..........................................................................................

Introducere
This module intends at dealing with and introducing many job types from the field
of law.

Competene
After this unit you will be able to use and identify the vocabulary related to
jobs, build up your vocabulary and know more about verb patterns.

Unitatea de nvare III.1. People in the law

II.6.1. Introducere
This unit deals with the names of people in the law system

At the end of this unit students will learn the names of people in the law
system


Exemple

People in the law 2
Complete these paragraphs with words or expressions from the box.
1. accused 2. adoption 3. affiliation 4. appointed 5. bench 6. biased 7. called to the Bar 8. challenged 9. clerk
10. commit 11. criminal 12. Crown Court 13. electoral register 14. eligible 15. exclusively 16. Inns of Court
17. inquests 18. jurors 19. jury service 20. lay 21. libel 22. Magistrates' Courts 23. misconduct 24. on bail
25. Parliament 26. political 27. practise 28. pupillage 29. recorders 30. right of audience 31. sentence 32.
solicitor 33. stipendiary 34. trial 35. verdict

Barristers
In England and Wales, a barrister is a member of one of the __________ (= the four law societies in
London to which lawyers are members); he or she has passed examinations and spent one year in
__________ (= training) before being __________ (= being fully accepted to practise law). Barristers have
the __________ in all courts in England and Wales: in other words, they have the right to speak, but they do
not have that right __________.

Magistrates
Magistrates usually work in __________. These courts hear cases of petty crime, __________,
__________, maintenance and violence in the home. The court can __________ someone for __________
or for __________ in a __________. There are two main types of magistrates: __________ magistrates
(qualified lawyers who usually sit alone); __________ magistrates (unqualified, who sit as a __________ of
three and can only sit if there is a justices' __________ present to advise them).

Judges
In England, judges are __________ by the Lord Chancellor. The minimum requirement is that one should
be a barrister or __________ of ten years' standing. The majority of judges are barristers, but they cannot
__________ as barristers. __________ are practising barristers who act as judges on a part-time basis. The
appointment of judges is not a __________ appointment, and judges remain in office unless they are found
guilty of gross __________. Judges cannot be Members of __________.

The jury
Juries are used in __________ cases, and in some civil actions, notably actions for __________. They are
also used in some coroner's __________. The role of the jury is to use common sense to decide if the
__________ should be for or against the __________. Members of a jury (called __________) normally
have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name
appears on the __________ and who is between the ages of 18 and 70 is __________ for __________.
Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are
__________, and people suffering from mental illness. People who are excused jury service include
members of the armed forces, Members of Parliament and doctors. Potential jurors can be __________ if
one of the parties to the case thinks they are or may be __________.

Unitatea de nvare III.2.VERB PATTERNS

II.6.1. Introducere
This unit deals with verb patterns

At the end of this unit students will become aware of verb patterns


Exemple

There are certain rules when we use the gerund and the infinitive, let's mention just a few.
The gerund or the ing form is used as the subject or object of a sentence (Working in this
company is very rewarding. She hates being criticised.), after certain verbs (I like travelling
on business. I cant stand sitting in a meeting and doing nothing. He started producing this
machine two years ago.), after prepositions (On hearing the good news everybody started
clapping.), in set and idiomatic expressions (Paris is always worth visiting. Its no use crying
over spilt milk.) Infinitive is used after certain verbs (He decided to retire. They want us to
lower the prices. They offered to show us how to adapt the production line.), to express
purpose (They bought new machinery to modernise their production.), after question words (I
dont know what to do or where to start.), after expression too, enough (He was too young to
become a manager. This isnt good enough to solve all our problems.), after adjectives (Its
impossible to do anything about it now. It was difficult to follow his presentation.).

I. Describe how to do something by using a preposition (by, without) and the ing
form (e.g. Start this machine by pressing the red button.):
I loosened the nut. I didnt use the spanner.
I loosened the nut without using the spanner.
We got rid of the terrible smell. We opened the windows and made a draught.
______________________________________.
She managed to separate the two stuck glasses. She didnt break them.
______________________________________.
He built a nice bookcase. He didnt look at the instruction manual.
______________________________________.

II. Complete these sentences by a suitable ending in ing:
Thank you for helping me when I was in such a difficult situation.
Im looking forward to _______________.
A new pizza place was opened in town last week. How about _______________?
Im thinking of _______________.
When Im too tired I often feel like _______________.
Our clients often insist on _______________.
Theres no point in _______________, wed better wait and do it tomorrow.
Im afraid the manager is busy at the moment. Would you mind _______________ for a
few minutes?

III. Fill in the missing infinitives:
Scientists in the Silicone Valley are hoping to do a little more about the problems an
average consumer has with the computer.
Things are looking good for engineers as there are a lot of companies who want
_______________ them.
Im waiting here _______________ the visitors of the company and show them around.
We refused _______________ them as the quality of the delivered items was questionable.
He didnt have time so he asked me _______________ back later.
My friend encouraged me _______________ for the position.
They have invited me _______________ at the conference.

IV. Fill in either the ing form or the infinitive:
Dear Mr. Brown,
Thank you for your letter of 25th March in which you stated that you were considering
placing (place) an order of our superior cutting machine.
We can arrange ______________ (supply) you with your order in 4 weeks time. If you
decide ______________ (go) ahead with the order, we will agree ______________ (give)
you a 5% discount for payment within one month.
You mentioned that you wanted ______________ (try) out the machine yourself. This
shouldnt be a problem. Just contact us and well arrange when you can see the machine in
action.
Please do not hesitate ______________ (contact) me if you have any further questions.
I look forward to ______________ (hear) from you again soon.
Yours sincerely,
Peter Harrow
Managing Director

Unitatea de nvare III.3. EXPRESSI ONS WI TH WORK, TAKE,
GET, MAKE AND DO

II.6.1. Introducere
This unit deals with the some frequent verbs in English

At the end of this unit students will use phrases with frequent verbs in
English

S ne reamintim...
In this unit we obtained a lot of useful information about verb patterns.

Rezumat
We have looked at verb patterns


Exemple

English is a language that has many set phrases, collocations and idioms. We'll have just a
quick look at some of them here.
You can for example take a break, take time, take notes, take a photograph, take someones
temperature, take a seat, take a job, take offence, take action, take size 39 shoes, take an
exam, take the bus, take a free kick in football, take a bag, take somebody somewhere
You can work with something, work yourself free, work at, on, out, forward
You can get out, get something, a good grade, punishment, an early retirement, a bad
headache, angry, used to something, get on the bus, the phone or the door, help, a promotion,
fired
You can have a job, problems, the nerve to do something, ideas, an illness, an operation,
experiences, children, no idea, a good time, a holiday, a meeting, a meal, second thoughts,
some time off
You can make a plan, a point, an excellent suggestion, your bed, a mistake, an offer, a cake, a
dent in the roof of your car, a habit out of something, a decision, a profit or a loss, someones
day
You can do any kind of work (homework, housework, the dishes, the ironing, cooking,
writing, acting, a job), the shopping, someone a favour, nothing, well, aerobics or yoga, 50
km/h, drugs .

I. Fill in the missing relative pronouns (who, whose, what, which, where):
A quality controller is a person who checks the production systems.
Does anyone really know __________ responsibility this is?
I dont know __________ happened! Suddenly the fire started!
Do you know the name of the woman __________ is organising the conference?
This is the company __________ offers the most favourable prices for these items.
I dont know __________ company to contact first. They all seem to have a wide range of
products on offer.
The computers __________ you ordered last week have just arrived.
Yesterday I was talking to someone __________ brother went to school with you.
The specialists __________ repaired our broken machinery were very efficient.

S ne reamintim...
In this unit we obtained a lot of useful information about frequent verbs in English.

Rezumat
In this unit we discussed health and safety at work and found out that there are many risky
and dangerous items at almost any workplace. We got to know more about protective
clothes, gloves, shoes We also built up our vocabulary by learning about expressions
with take, get, make and do.

Unitatea de nvare III.4. REPORTED SPEECH

II.6.1. Introducere
This unit deals with reported speech

At the end of this unit students will transform direct speech into indirect
speech.


Exemple

We very often have to report what other people have told or asked us or ordered us to do and
we cant do it by using the direct speech, so we have to use the reported speech. There are
some rules to follow, such as the rule of one tense back (present forms become past, present
and past change into past perfect, will into would, can into could and may into might). We
also have to be careful about the word order, especially in questions (He said, I live in
Slovenia. - He told me he lived in Slovenia.; She explained, These products will be available
next year. She explained that those products would be available the following year.; He
wanted to know, When did you start working here? He wanted to know when I had started
working there.; She asked, Do they know anything about this? She asked if they knew
anything about that.; He said, Please do this today. He asked me to do that that that day.)

I. Read these sentences that a candidate said at an interview. Put them into Reported
Speech:
Miss Bridgwater said, Im very interested in working for you.
She said that she was very interested in working for us.
Miss Bridgwater explained, Ive been working in the city for three years.
She explained __________________________________________.
She said, I like what I do, but I want more responsibility.
She also said __________________________________________.
She told me, I have a degree in Mechanical Engineering.
She told me __________________________________________.
She made it clear, I cant leave my present position for another month.
She made it clear __________________________________________.

II. You were a speaker at the conference on new machinery that took place last month in
Munich, Germany. You were asked the following questions:
When will the new product be ready?
How much are you going to spend on promotion?
Will you offer any discounts to your distributors?
Why has it taken so long to develop?
Who will the target consumers be?
Did you have any problems developing this machine?
Who is the contact person?
Now report the above questions to your superior:
They asked me when the new product would be ready.
They asked me __________________________________________.
They asked me __________________________________________.
They asked me __________________________________________.
They asked me __________________________________________.
They asked me __________________________________________.
They asked me __________________________________________.

III. Change these sentences from direct into Reported Speech:
Where have you been so long?
He asked me where I had been.
Im writing my CV.
He told me __________________________________________.
Ill phone you at seven oclock tonight.
She promised __________________________________________.
Hes never made such a stupid mistake before.
Rebecca said __________________________________________.
Dont overtake here.
The sign warned us __________________________________________.
Can I get your latest catalogue?
Their potential client asked __________________________________________.

My superior said, Dont work too much or youll get ill.
My superior advised me __________________________________________.

S ne reamintim...
In this unit we obtained a lot of useful information about indirect speech.

Rezumat
We have looked at indirect speech.

Unitatea de nvare III.5. PUNI SHMENT AND PENALTY

II.6.1. Introducere
This unit deals with the punishment and penalty vocabulary

At the end of this unit students will use the punishment and penalty
vocabulary


Exercise 14. Imagine that you want to buy a property. Below are the different stages that you
will normally (and ideally) go through. Complete the gaps with words and expressions from
the box.

alterations appoint asking authority balance bound
boundaries clauses completion confirmation contract
covenants deposit disclose disputes fees offer ownership
planning permission plans possession preservation Registry restrictions
signing stamp structural survey surveyor title deed

1. You make an __________ on the __________ price (the price that the seller is asking for
the house), which is accepted by the seller.
2. You __________ a solicitor to help you make your purchase.
3. You solicitor receives __________ of your accepted offer, and also any necessary details
from the estate agent.
4. The seller's solicitor sends your solicitor a draft __________. This is checked to make sure
there are no unusual __________.
5. At the same time, the seller's solicitor sends your solicitor the seller's __________. This is
carefully checked for any __________ that might apply to __________ of the property. At the
same time, the seller should make your solicitor aware of any problems with the property (for
example, __________ with his / her neighbours, any approved or unapproved __________
that he / she has made to the property, relevant information on __________ adjoining other
properties and public land, __________ or __________ orders that may restrict development
of the property, whether you will need to get __________ before making changes to the
property, etc).
6. If the contract is approved, copies of it are prepared for __________ by both you and the
seller.
7. Before you do this, however, your solicitor should ask the local __________ (for example,
the local town council) to __________ any information it has on __________ for the area
around the property you are buying (for example, there may be plans to build an airport at the
end of your back garden, or a motorway across your lawn at the front).
8. At the same time, you should ask for a __________ of the property by a chartered
__________. He / she will tell you if there are any problems with the property (for example,
rising damp, dry rot, unsound __________ features, etc).
9. If you are happy with everything, you now sign the contract: you are now legally
__________ to buy the property (you cannot pull out of the agreement, unless further checks
by your solicitor produce unfavourable information that has been kept secret from you; for
example, he / she may discover that the property details the seller has provided are not
accurate).
10. Your solicitor arranges a __________ date with the seller's solicitor this is the date when
you will take official __________ of the property and both you and the seller exchange
contracts through your solicitors. Your title deeds are prepared.
11. You pay your solicitor his __________, the money for the property (assuming you have
already paid a __________ on the property, you will now need to pay the outstanding
__________), the relevant __________ duty and Land __________ fees.
12. You get your copy of the deeds and the key to the front door. Congratulations, and
welcome to your new home!

Exercise 15. Check your knowledge of punishment and penalty vocabulary with this quiz.

1. Punish is the verb and punishment is the noun, but what is the adjective form of the word?
What are the verb and adjective forms of the noun penalty?

2. Choose the most appropriate word in bold in this sentence:
'The court ordered the defendant to pay purgative / punishing / punitive / pugnacious
damages to the claimant for the emotional distress he had caused.'

3. Rearrange the letters in bold to make words:
'After the jury returned a 'guilty' verdict on the defendant, the judge nopcnedoru tescenen on
him.'

4. What do we call a punishment which is considered to be strong enough to stop someone
from committing a crime? Is it:
(a) a detergent (b) a deterrent (c) a detriment (d) a determinant

5. Some countries still have corporal punishment and some still have capital punishment.
What happens to the people who receive these punishments?
6. In Britain, a man is stopped by the police for driving at 45 in a 30mph zone. What will
(probably) happen to him?

7. Next week, the same man is stopped again, and the police discover that he has been
drinking alcohol and has over twice the allowed limit of alcohol in his body. What will
probably happen to him now?

8. Rearrange the letters in bold to make words. The first and last letters of each word are in
the correct place:
'If a defendant is found guilty of an offence in a court of law, he is ciecnotvd. If he is found
not guilty, he is ateqciutd.'

9. What's the difference between a custodial sentence, a suspended sentence and probation?

10. A young man gets drunk and starts a fight in a bar, and as a result receives a banning order
from a magistrate. What is he not allowed to do?

11. The same young man has a long history of harassing and intimidating his neighbours,
stealing from shops and damaging property. He receives an ASBO and is ordered to sign an
ABC. What do you think these abbreviations stand for?

12. What kind of person would be sent to a remand centre?

13. What is the maximum penalty allowed for crime in the United Kingdom?

14. Prison is a noun. What is the verb form of this word?

15. A judge sends someone to prison for a period of 5 years, and tells him / her that by law
they cannot be released earlier. True or false: this is called a determinate sentence.

16. A woman is sentenced to 6 months in prison for theft, 4 months in prison for selling drugs,
and 1 month in prison for refusing to pay her council tax. The judge tells her that these
sentences will be concurrent, or run concurrently. What is the maximum length of time the
woman will spend in prison?

17. Rearrange the letters in bold to make words:
The same woman has her sentence reduced because of dogo hevirobua and is released after
only 4 months.

18. True or false: If someone receives a community service order, they have to go to prison.

19. A company signs a bond at the same time that is signs a contract with another company.
What will happen to the company if they fail to comply with the terms of the contract?

20. Choose the correct word in bold in this sentence:
An injection / injunction / injury / injustice is a court order telling someone to stop doing
something, or not to do something.

21. What do we call money that is paid from one party to another to cover the cost of damage,
loss, injury or hardship? (Clue: it begins with c and ends with n)

22. Mr Smith goes to the Bahamas to start a new life. While he is there, an English court
applies a freezing order to Mr Smith's assets. Would Mr Smith be happy or unhappy about
this?

Execise 16. Complete each gap below with one word that can be used with the words and
expressions in italics. All of these words, when used together with the italicised words, are
connected directly or indirectly with different aspects of law (criminal, business, commercial,
property, etc). The first letter of each word is already there for you, the function of each word
is explained in brackets after each gap, and the first one has been done as an example.

1. This a____ (adjective) can come before discharge, majority, monopoly, privilege, right and
title. (Answer = absolute)
2. This a____ (verb / noun) can come before the words your authority, of power, of process
and of human rights.
3. This a____ (noun) can come before the expressions in personam, in rem and in tort, and
after the expression to take legal.
4. This a____ (adjective) can come before outcome, party, possession and witness.
5. This a____ (noun) can come before agreement, award, board and clause, and also after the
expressions to submit a dispute to, to refer a question to, to take a dispute to and to go to.
6. This b____ (noun) can come before the expressions of confidence, of contract, of promise,
of the peace, of trust and of warranty, and between the prepositions in + of.
7. This c____ (noun) can come before allowance, assets, crime, expenditure, gains, goods,
levy, loss and punishment, and in the expression to make political ___ out of something.
8. This c____ (noun) can come before the expressions of approval, of deposit, of
incorporation, of judgement, of origin, of registration, of registry and of service.
9. This c____ (adjective) can come before the words action, court, disobedience, disorder,
law, liberties, rights and strife.
10. This c____ (adjective) can come before the words assault, carrier, land, law, ownership,
position, pricing and seal, and after the expression tenancy in.
11. This c____ (noun) can come before the words fund, order, and package, and before the
expressions for damage, for loss of office and for loss of earnings.
12. This c____ (noun) can come before the words confidence, council, credit, goods, group,
legislation and protection.
13. This c____ (noun) can come before the words law, note and work, before the expressions
of employment, of service and under seal, after the word under, and after the expressions by
private and to void a.
14. This c____ (noun) can come before the words action, case and order, before the
expressions of appeal, of first instance, of last resort and of law, after the words open,
criminal and civil, and after the expressions out of and to take someone to.
15. This c____ (noun) can come before the words act, action, bankruptcy, court, damage, law,
libel, negligence, offence, record and responsibility, and after the words hardened and
habitual.
16. This c____ (noun) can come before the words barrier, clearance, declaration, duty,
examination, formalities, officer, seal, tariffs and union, before the expression and Excise, and
after the expression to go through.
17. This d____ (noun) can come before the words counsel, statement and witness, before the
expression before claim and after the expression to file a.
18. This d____ (noun) can come before the words abuse, addict, addiction, baron, czar,
dealer, runner, squad and trafficking, and after the classification expressions Class A, Class B
and Class C.
19. This f____ (adjective) can come before the words conveyance, misrepresentation,
preference, trading and transaction.
20. This f____ (noun) can come before the expressions of assembly, of association, of
information, of movement, of speech, of the press and of thought, conscience and religion.
21. This i____ (noun) can come before the words documents, papers, parade and theft, after
the word false, and after the expressions to change your, to be asked for proof of and a case of
mistaken.
22. This i____ (adjective) can be used before the words contract, malice, term and trust, and
before the expression terms and conditions.
23. This i____ (adjective) can be used before the words accident, development, dispute,
espionage, injury, property, relations and tribunal, and before the expression arbitration
tribunal.
24. This j____ (adjective) can be used before the words account, beneficiary, committee,
discussions, heir, liability, management, owner, ownership, signatory, tenancy and
tortfeasors, and before the expressions and several, and several liability and commission of
inquiry.
25. This j____ (noun) can be used before the words creditor, debtor and summons, before the
expression by default, after the expressions to pronounce, to enter and to take, and in the
expression to give your on something.
26. This j____ (adjective) can come before the words immunity, notice, precedent, processes,
review and separation. In Britain, it can come before the expressions Committee of the House
of Lords and Committee of the Privy Council.
27. This j____ (noun) can come before the words box, room, service and vetting, after the
expression foreman of the, and in the expression to be called for service.
28. This l____ (noun) can come before the expressions before action, of acknowledgement, of
allotment, of application, of appointment, of attorney, of complaint, of credit, of demand, of
indemnity, of intent, of reference, of renunciation and of request.
29. This l____ (adjective) can come before the words liability, market, partner, partnership
and warranty, and before the expression liability company.
30. This n____ (adjective) can come before the words earnings, estate, gain, price, profit,
result and worth.

S ne reamintim...
In this unit we obtained a lot of information on punishment and penalty vocabulary.

Rezumat
We have looked at punishment and penalty vocabulary.

Unitatea de nvare III.6.CONDI TI ONAL

II.6.1. Introducere
This unit deals with the issue of conditional structures

At the end of this unit students will become aware of the conditional
structures.


Exemple

We use conditionals all the time as we want to express something what is always true, what
will probably happen in the future, what is very unlikely to happen in the present and also
when we wish we could change the past. According to this we divide them into zero degree
conditionals (Whenever I have time, I go out with my friends. The raw egg breaks if you drop
it.), first degree conditionals real possibilities (If the weather is fine tomorrow, Ill go for a
walk. Well be late unless you hurry. Shell pass the exam when she studies more. As soon as
he knows something, hell let me know.), second degree conditionals unreal possibilities in
the present or future (If I had money, I would buy a new car. She would be afraid if she got
lost. She could travel on business if her knowledge of languages was better.), and third degree
conditionals unreal or imaginary situations in the past (If they had known about their
problems, they would have helped them. That wouldnt have happened if someone had
warned us. Someone could have been hurt if we hadnt been careful enough.).

I. Complete the following conditionals:
If she has some free time this weekend, she will go to the mountains.
My friend would travel to Australia if ________________________________.
They would have sold their shares if ________________________________.
As soon as they have the right figures, ________________________________.
If there was an interesting job opening, ________________________________.
Hed be extremely upset ________________________________.
Would you mind ________________________________?
When they return from the holidays, ________________________________.
If their product wasnt so expensive, ________________________________.
If you mix these flammable components, ________________________________.
If he worked harder, ________________________________.
If they had tested the prototype once again, ________________________________.
They have meetings when ________________________________.
If I could live somewhere else, ________________________________.
If I had applied for that job abroad, ________________________________.
Oil boils over if ________________________________.
We would have bought that new machine if ________________________________.

II. Match the parts of the sentences to make correct conditionals:
1 If Jack enters the competition, A) it wouldnt have been stolen.
2 She will not go to work B) if he hadnt been late.
3 If he had taken the map, C) you will manage to do everything in time.
4 If he had locked his new car, D) if she doesnt feel better.
5 I would buy that beautiful painting E) hell definitely win and get the first prize.
6 He wouldnt have missed the meeting F) if I had more money.
7 If you post the invitations today, G) if you finished your report.
8 We could start the meeting H) they will arrive tomorrow.
9 If you start now, I) he wouldnt have got lost.
1 E 2 ______ 3 ______ 4 ______ 5 ______
6 ______ 7 ______ 8 ______ 9 ______

III. Rewrite the following sentences in the form of conditionals:
She isnt at the annual meeting because she wasnt informed about it.
If she was informed about the annual conference, she would be there.
If he doesnt pay the fine, he may go to prison.
Unless _________________________________________________________.
I didnt apply for that job as I dont want to work there.
If _________________________________________________________.
You can take photos here if you dont use the flash.
Unless _________________________________________________________.
I dont know her very well, so I didnt talk to her.
If _________________________________________________________.
It rained heavily so we didnt see much of the city.
If _________________________________________________________.
I learnt about this programme because you helped me.
If _________________________________________________________.
You feel so tired because you work too much.
If _________________________________________________________.
Shes too nervous. Her presentations are usually boring.
If _____

S ne reamintim...
In this unit we obtained a lot of information related conditional structures.

Rezumat
We have looked at conditional structures.

1. Can you explain how we divide companies, according to the sectors?
2. Can you name some companies that belong to each of the sectors, what kind of products
they make or what services they provide? Would you like to work for any of them? If
yes, why?
3. What is engineering? Who is an engineer? Which sciences are closely connected with
the engineering? Is working as an engineer an interesting profession? Why/why not?

BIBLIOGRAPHY

Ashley , A. A Correspondence Workbook. Oxford: Oxford University Press, 1992.
Duckworth, M. Grammar and Practice. Oxford: Oxford University Press, 2001.
Duckworth, M. Oxford Business English Grammar & Practice. Oxford: Oxford University
Press, 2001.
McCarthy, M. English Vocabulary in Use. Cambridge: Cambridge University Press, 2001.
Murphy, R. English Grammar in Use. Cambridge: Cambridge University Press, 2004.
Vince, M. Advanced Language Practice. Macmillan: Heinemann Publishers, 1994.
Vince, M. First Certificate Language Practice. Macmillan: Macmillan Education, 2003.
Vince, M. Advanced language Practice. Heinemann: Heinemann English Language Teaching,
1994.
Watson-Delestree, A. & Hill, J. The Working Week, Cambridge: Language teaching
Publications, 1996.

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