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UNIVERSITATEA TRANSILVANIA DIN BRAŞOV FACULTATEA DE DREPT

LIMBAJ JURIDIC II limba engleza

SUPORT DE CURS REDACTAT ÎN 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.

cunostintelor lor de engleza aferente domeniului lor. Obiectivele cursului  Cursul urmareste activarea

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

Competenţe conferite scrisoare de intentie, sau alte documente necesare angajarii    Studentii vor fi capabili sa

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 şi mijloace de lucru Resurse

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

astfel posibilitatea de a lucra atat la scoala cat si acasa Structura cursului o Cursul contine

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%.

Cerinţe preliminare Este foarte important ca studentii sa fi studiat limba straina pe parcursul a cel putin 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 2 – 3 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.

Evaluareainvatare estimam ca timpul necesar este de 2 – 3 ore de studiu individual.Aceasta conduce la

ponderea evaluării finale (colocviu) este de 50% din nota finala

ponderea evaluărilor pe parcurs (teme de control) este de 50%

Cuprins

Pentru cursurile structurate pe MODULE Introducere Chestionar evaluare prerechizite Modulul I :ENGLISH FOR LAW

Introducere.

Competenţe

Unitatea de învăţare I.1 English for Law. I.1.1. Introducere

Competenţe

Unitatea de învăţare I.2 Present Forms

I.2.1. Introducere

Competenţe

Unitatea de învăţare I.3 Expressing obligation, ability, advice, permission. I.3.1. Introducere

Competenţe

I.1.2.

I.2.2.

I.3.2.

Unitatea de învăţare I.4 Employment law.

I.4.1. Introducere

Competenţe

de învăţare I.5 Law bulletin.

I.5.1. Introducere

Competenţe

I.4.2.

Unitatea

I.5.2.

Modulul II.TRIAL

Temă de control

Unitatea de învăţare I.6 Cross-examination. I.1.1. Introducere

Competenţe

I.1.2.

Unitatea

Introducere.

Competenţe de învăţare II.1.Trial

 

II.1.1.

Introducere

II.1.2.

Competenţe

Unitatea de învăţare II.2.Giving Instructions

 

II.2.1.

Introducere

II.2.2.

Competenţe

Unitatea de învăţare II.3.Advocacy Practice

 

II.3.1.

Introducere

II.3.2.

Competenţe

Unitatea de învăţare II.4.Present Perfect

 

II.4.1.

Introducere

II.4.2.

Competenţe

Unitatea de învăţare II.5.Giving Directions

 

II.5.1.

Introducere

II.5.2.

Competenţe

Unitatea de învăţare II.6.Latin English

 

II.6.1.

Introducere

II.6.2.

Competenţe

Temă de control

Modulul III People in the Law

Introducere. Competenţe Unitatea de învăţare III.1 People in the Law. III.1.1. Introducere III.1.2. Competenţe

Unitatea de învăţare III.2 Verb patterns. III.2.1. Introducere III.2.2. Competenţe

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

Bibliografie

Unitatea de învăţare III.4.Reported Speech III.4.1. Introducere III.4.2. Competenţe

Unitatea de învăţare III.5 Punishment and Penalty. III.5.1. Introducere III.5.2. Competenţe

Temă de control

Unitatea de învăţare III.6 Conditional. III.6.1. Introducere III.6.2. Competenţe

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

to have full power to bind is one’s 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)

that allow him to avoid the contracts that he makes in order to protect him from his own

himself contractually. Only in extreme (1)

the bargaining process, a person is generally (0) .able

to special rules

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 woman’s

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.

 

A

1 stages

B

junctures

C

occasions

D

circumstances

 
 

A

2 subject

B

conditional

C

liable

D

open

 

A

3 granted

B

recognized

C

conceded

D

appreciated

 

A

4 depriving

B

debarring

C

dissolving

D

dismissing

 

A

5 For example

B

In particular

C

However

D

Consequently

 

A

6 realized

B

ruled

C

legislated

D

enacted

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)

contemplated by this Lease, the exact amount of which will be extremely difficult to (8)

These costs include, but are not (9)

costs no

to, processing and accounting charges, and late charge

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 b

Landlord or Landlord’s designee within fourteen days after the amount is (11)

, Tenant shal

pay to Landlord a late charge equal to ten per cent of said amount. Acceptance of late charges b

Landlord shall not constitute a waiver of Tenant’s default with respect to said amount, nor preven

Landlord from (12) equity.

 

any of the other rights and remedies granted hereunder or at law or i

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

 

A imposed

B

dictated

C

obliged

D

required

0

1

 

A owing

B

scheduled

C

due

D

unpaid

1

1

 

A practising

B

exercising

C

commanding

D

undertaking

2

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 Commerci

Agents Regulations are no exception. Ten cases concerning the Regulations have reached the U

courts since 1994, but (13)

competing against his or her principal. (14)

that the other provisions of the Regulations have had (16)

the non-compete provisions may seem to pale into insignificance. But principals who overlook the

regulations (17) It has always (18)

the fa

a great effect on agency law th

of them has concerned the provisions which deal with an age

part this can be attributed (15)

so at their peril. open to a principal to include a non-compete provision in an agen

contract. The most important consideration here is whether a provision of this nature might be vo

(19)

fairly easy to determine the legality of restrictions which are either extremely harsh in terms (2

quite lenient, the question of (2

a result of infringing the common law doctrine of restraint of trade. (20)

it

their geographical extent and duration (22)

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

enforceability.

Modulul I. ENGLISH FOR LAW

Cuprins Modulul I :English for law

Unitatea

Introducere. Competenţe de învăţare I.1 Introduction into English for Law students. I.1.1. Introducere

Competenţe

Unitatea de învăţare I.2 Present Forms I.2.1. Introducere

Competenţe

I.1.2.

I.2.2.

Unitatea de învăţare I.3 Expressing obligation, ability, advice, permission.

Temă de control

I.3.1. Introducere

Competenţe

Unitatea de învăţare I.4 Employment law. I.4.1. Introducere

Competenţe

Unitatea de învăţare I.5 Law Bulletin.

I.5.1. Introducere

Competenţe

Unitatea de învăţare I.6 Cross-examination. I.1.1. Introducere

Competenţe

I.3.2.

I.4.2.

I.5.2.

I.1.2.

Introducere This unit will give you information about some important law terms that are frequent in 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 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 învăţare I.1. INTRODUCTION INTO ENGLISH FOR LAW STUDENTS

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

vocabulary that is absolutely vital for the law students I.1.2. Competenţele unităţii de învăţare At the

I.1.2. Competenţele unităţii de învăţare

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 unităţi de învăţare este de 3 ore. Durata medie de parcurgere a primei unităţi de învăţare este de

in their use of the law vocabulary Durata medie de parcurgere a primei unităţi de învăţare

Exemple

Exercise 1: Look at these sentences and decide if the word in bold is being

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

Because of the recent phenomenon of the 'compensation culture', claims for 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

4. The terms of the contract are nego

changed by discussion)

5. The claimant produced a verb

defendant. (in the exact words)

6. On the claimant's application for summary judgement, the defendant was given

uncon

7. The company was accused of making a frau

the value of the goods it had lost. (not honest, aiming to deceive people for financial gain)

insurance claim by exaggerating

occu

1.

from tax. (not required to pay, or not covered by law)

up to the moment it is signed. (able to be

transcript of the conversation he had had with the

leave to defend himself. (with no conditions attached)

8. Technically we can sue the company for breach of contract, although this is not really

a fea

option. (possible or practical)

valid)

10. Hab

Safety Officer. (doing something repeatedly)

11. When he bought the company, it was barely sol

most successful organisations in the country. (having enough money to pay debts)

breaches of safety regulations are being investigated by the Health and

but he turned it into one of the

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

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)

although there is an initial probationary period. (with no

damages. (a very small amount)

15. The contract is open-

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'… employment…force… 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

…majeure …mark …of association (x2) …of attorney …of confidentiality …of court

…of proof …of satisfaction …prejudice …procedure …property …protection …tribunal …up …venture

…liability (x3) …liquidation

information

injunction

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

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

complain about his / her employers.

7. are the contents of a document which regulate the way in which a

refers to the various steps an employee takes if he / she wants to

is a business partnership where two or more companies join together

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

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.

12. A

13. A

of its aims, capital structure, and registered office.

14. A

charge.

is a legal document setting up a limited company and giving details

is a document showing that a company has repaid a mortgage or

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

or secret information which states that the recipient should not pass the information on to someone else.

is a legally-binding rule that is imposed on the recipient of private

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

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

legal between them'. Some contracts are made '

and sealed (stamped) by the parties involved. Most contracts are made The essential

elements of a contract are: (a) that an by the other;

(b)

party in exchange for

another party agreeing to do something); (c) the

between two or more parties to create

':

in other words, they are

or in

made by one party should be

,

paid by one

to create legal relations.

(the price in money, goods or some other

The

of a

contract may be

(clearly stated) or

(not clearly

in the contract, but

generally understood). A entitles the other party

to for

circumstances, the

contract may be

of contract by one party of their

or, in some cases, to seek specific performance. In such

(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

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 …………………………………………………………………………………………… …………………………………………………………………………………………… ………………………………………………

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

Unitatea de învăţare I.2. PRESENT TENSES

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

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

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. urgere a primei unităţi de învăţare este de 3 ore.

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 don’t have any experience. He doesn’t like team work. Where do you come from? When does she get up in the morning? What are you doing? I’m reading these sentences now. It isn’t raining outside.)

I. Answer these questions:

What do you do? And what are you doing at this moment? I’m a student. I’m doing an exercise at the moment – I’m 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 don’t 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?

(live)

B: I

(come) from Manchester.

A:

(you live) in Manchester?

B: No, I

(not live) in Manchester. I

in London. A: What B: I’m an engineer. I A: How often B: I

(you do)?

(work) for Ben Johnson & Son Ltd. (you travel) abroad? (not do) it very often. I very seldom go anywhere.

III. Fill in the correct present form:

It’s 10 o’clock on Monday morning in Atomic Ltd. In the Research and

development department they are having (have) a meeting at the moment.

(attend) his ideas. He has

prepared an interesting PowerPoint presentation and while showing it, he

it. At the moment Bob

Everybody who is involved in the new project

(present)

They

(explain) several features.

(organise)

such meetings every Monday morning.

After these meetings, they all

(make)

(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

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 manufacturer.

(send)

them

back

to

the

I work (work) for an electric company, called New Electrics.

It is located in Kent and it with electricity. We also want to have satisfied customers. If something somewhere in the system, we always

(supply)

(provide)

a lot of households

other services as we (break)

(send) a specialist

right away. If he

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 time as I must rush off to help people in trouble.

have) much

(not

know) what to do, another expert

(have)

(come)

and

(not

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

2,800 people and

(employ)

(be)

about

a leading supplier of this type of equipment.

that I’m

in charge of Research & Development and Quality. If something

I’m responsible for operations which

(mean)

(go)

wrong,

I’m

the

one

who

(have)

(provide)

to

a answers to the Board.

find

solution

and

who

Currently, 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.

with our new clients from Japan.

They have just placed a huge order so we

(work)

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)

is good for people who from cover to cover. It

you can jump from one person to another which

too busy to read a book be) expensive although

(be)

(not

whether it’s good value for money it’s doubtful.

Some of the interviewees started their own business while others joined a

fairly

new in their position while others have had years of experience. However,

Jonathan

They work in different area, from retailing to airlines, engineering, construction

and software. This variety also

of the book. I have to say that Jonathan’s approach

(annoy) me. He

rarely

are mostly presented in their own, positive words. However, he

to dislike certain interviewees. As a result, I

know) whether to accept any of his opinions or

(give) no clear lessons.

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 I’ve seen or met

(form) the main theme

company and worked their way up. Some

(be)

(not

seem) interested in these differences.

(stay)

at a distance from his interviewees, who

(seem)

(not

not. It also means that the book At the very least, I expected to learn what

(make)

definitely

(not

have). So in the end, I’m not much

wiser what

(go)

on.

(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 book would be useful for people who

(seem) to think that his

Perhaps I’m being unfair. As long as you

(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?

I’m 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?

Să ne reamintim Let ’s reember the uses of present tenses Let’s reember the uses of present tenses

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

. Unitatea de învăţare I.3. EXPRESSING OBLIGATION, ABILITY, ADVICE, PERMISSION

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

I.1.2. Competenţele unităţii de învăţare At the end of this unit students will use the modalizing values by themselves At the end of this unit students will use the modalizing values by themselves

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Durata medie de parcurg

parcurg ere a primei unităţi de învăţare este de 3 ore. Exemple You can do all

Exemple You can do all that with the use of modal verbs. We can express strong obligation or prohibition with must – mustn’t (I must go now, I’m very late. You must start exercising if you want to be healthier. You mustn’t 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 doesn’t have to commute to the factory as he lives five minutes away.). We express ability with can – can’t, could – couldn’t, be able to (I can speak English but I can’t 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 shouldn’t touch that, it can kill you! She should go home and stay in bed if she’s ill. If you wanted to pass the test, you should have studied more!).

wanted to pass the test, you should have studied more!). I . Complete these sentences with

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.

I’m really up to my eyes today. I wonder if I tomorrow.

€300,000! You

Give me ten minutes. I’ll call you back. We the shipment today.

You We around us. I’m sorry but I

Each member of a team Be careful, the floor is slippery, you or even worse.

call you back

be a mistake. be able to send you

be right. It

think twice before making accusations! all open our eyes and pay more attention to the dangers

help you anymore.

do their share of work. slip and break an arm or leg

I have a beer, please?

If I want to earn some holiday money, I

work overtime.

you

go now? It’s running late.

Look, you seem ill to me. I think you

You

It’s easy to do that and you

go home early today. get killed.

use a metal ladder here. You

spend a lot of money.

You

leave any machine running if there’s 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 I’m afraid you

Pete:

Jack: No, you Pete: Do I Jack: Yes, of course, you

plane. Pete: What about an umbrella?

Jack: You your carry on luggage.

take those scissors with you.

I pack this camera in my suitcase?

You

take it in your hand luggage.

leave the knife in my suitcase? carry anything sharp on board of the

worry about an umbrella. It is allowed to have one in

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. You’ve really been very helpful.

Să ne reamintim Let’s reember the uses of modal verbs Let’s reember the uses of modal verbs

Rezumat This unit introduces the uses of modal verbs This unit introduces the uses of modal verbs

Unitatea de învăţare I.4. EMPLOYMENT LAW

I.1.1. Introducere This unit deals with the elements of the employment law I.1.2. Competenţele unităţii

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

I.1.2. Competenţele unităţii de învăţare 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

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Durata medie de parcu

parcu rgere a primei unităţi de învăţare este de 3 ore. Exemple Unfair dismissal There is

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 year’s 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

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 Respondent’s accounts department. My work principally involved double-entry book-keeping of the firm’s 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 Respondent’s 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.

will

If

you

do

not

compensate

my

client

for

your

negligence

he

…………………………….

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.

6. You will need to ………………………………………

settlement is to be achieved.

7. The Claimant was …………………………………………in the course of his

work. 8. A Judge must be ………………………………………

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.

your

present offer if

in

11. The employee was ………………………………………………….

12. My client is hoping to ………………………………………………………

extremely generous solemnly declare

severely injured strongly suggest

deliberately mislead successfully

defended dismissed without notice

totally objective

settle out of court

substantially increase

refrain from

extremely fruitful

Să ne reamintim Let’s remember the names of differnt jobs and what they imply Let’s 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 This unit introduces different vocabulary and structures that are used in the Employment law

Unitatea de învăţare I.5. LAW BULLETIN

Unitatea de învăţare I. 5. LAW BULLETIN I.1.1. Introducere This unit deals with the distinction between

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

I.1.2. Competenţele unităţii de învăţare This chapter contains a selection of articles on topical legal issues. By completing the tasks 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

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. and superlative forms of written and spoken English Exemple Many students have decided on a career

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple Many students have decided on

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.

without the need for the client to see a solicitor first. Read the following article then

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 barrister’s work and

that of a solicitor.

2.

How long does a trainee barrister’s pupilage last?

3.

How long does a trainee solicitor’s 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.

…………………………………… 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.

Să ne reamintim Let’s remember the differences between the barrister and the solicitor ember the differences between the barrister and the solicitor

Rezumat This unit introduces the differences between the barrister and the solicitorat specific stages of a case. Să ne reamintim Let’s rem ember the differences between the

Unitatea de învăţare I.6. CROSS-EXAMINATION

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

I.1.2. Competenţele unităţii de învăţare This chapter contains a selection of articles on topical legal issues. By completing the tasks 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

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. the tasks in this chapter you will have: _ Read and considered an article on witness

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

Exemple

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

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 side’s 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 ’

the failure to challenge is deliberate; often it is not. You can reduce the risk of this

finding on that

Sometimes

or ‘counsel chose not to challenge that in evidence

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 client’s 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 witness’s 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 client’s 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

audience’s 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

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

2. contentions p

3. witnesses’ version of events witnesses’ e

(para. 2)

s (para. 2)

(para. 2)

4. backs up your legal arguments s

your c

(para. 5)

5. court representation a

(para. 6)

6. advocates who question other party’s witnesses c

e

(para.

who question other party’s witnesses c e (para. 6) Să ne reamintim Let’s remember the way

6)

Să ne reamintim Let’s 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

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

Unitatea

Introducere. Competenţe de învăţare II.1.Trial

 

II.1.1.

Introducere

II.1.2.

Competenţe

Unitatea de învăţare II.2.Giving instructions

 

II.2.1.

Introducere

II.2.2.

Competenţe

Unitatea de învăţare II.3.Advocacy Practice

 

II.3.1.

Introducere

II.3.2.

Competenţe

Unitatea de învăţare II.4.Present Perfect

 

II.4.1.

Introducere

II.4.2.

Competenţe

Unitatea de învăţare II.5 Giving Directions

 

II.5.1.

Introducere

II.5.2.

Competenţe

Unitatea de învăţare II.6.Latin English

 

II.6.1.

Introducere

II.6.2.

Competenţe

Temă de control

Introducere This module introduces some basic information for all law students necessary in their future careers 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

Competenţe After this unit you will have a more detailed knowledge about what a trial means After this unit you will have a more detailed knowledge about what a trial means and what its data are.

Unitatea de învăţare II.1. TRIAL

II.1.1. Introducere This unit deals with what a trial is II .1.2. Competenţele unităţii de

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

II.1.2. Competenţele unităţii de învăţare 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

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. structured questions and questioning techniques Exemple Advocacy guide Advocacy is a skill essential to

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple Advocacy guide Advocacy is a

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 client’s 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

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 advocate’s 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 client’s 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, didn’t 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 party’s lawyer. A witness is usually cross-examined after having provided his examination in chief. A lawyer is under a duty to put his client’s case to the witness when cross-examining. This involves putting his client’s version of events to the witness. Well conducted cross-examination can bring further evidence to the court’s attention which is of benefit to your client. It can also undermine the other party’s case by revealing evidence which questions the witness’s 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’.

Să ne reamintim Let’s rememb er what are leading and non-leading questions Let’s remember what are leading and non-leading questions

Rezumat We have dealt with leading and non-leading questions We have dealt with leading and non-leading questions

Unitatea de învăţare II.2. GIVING INSTRUCTIONS

Unitatea de învăţare II.2. GIVING INSTRUCTIONS II.2.1. Introducere This unit presents the MANNERS IN WHICH

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

GIVEN

I.2.2. Competenţele unităţii de învăţare I.2 After this unit you will know much more about giving instructions After this unit you will know much more about giving instructions

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore.this unit you will know much more about giving instructions In our everyday but also professional

parcurgere a primei unităţi de învăţare este de 3 ore. In our everyday but also professional

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 that’s directly underneath the engine’s 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.

every 5,000 kilometres to keep your car in a good condition. I. Write down another instruction:

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.

.

Să ne reamintim Let’s re member the way in which we can give instructions Let’s remember the way in which we can give instructions

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

. Unitatea de învăţarei II.3. ADVOCACY PRACTICE

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

Court

I.3.2. Competenţele unităţii de învăţare I.3 At the end of this unit students will recognize the ways in which advocates should At the end of this unit students will recognize the ways in which advocates should address the Court.

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. the ways in which advocates should address the Court. Exemple I. Addressing the court Advocacy also

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple I. Addressing the court Advocacy

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 Judge’s interest _ Use the correct mode of address to the Judge (i.e. ‘Your Honour’ or ‘Your Lordship’etc.)

_ 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)

eye contact is regarded as threatening or disrespectful) Exercise 4 - Advocacy practice Advocacy practice will

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 defendant’s 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 KT4 18932

BETWEEN:

FERNANDO ESTEBAN Claimant And

CASE

NO.

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 Claimant’s injuries. The Claimant therefore contends that his injuries were caused as a direct result of the defendant’s negligence. Also, that the vehicle was not of satisfactory quality, this being an implied term of the Claimant’s 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 Claimant’s 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 defendant’s 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 Claimant’s 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

Să ne reamintim Let’s re member the manners in which advocates should address the Court Let’s remember the manners in which advocates should address the Court

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

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

Court

Unitatea de învăţare II.4.PRESENT PERFECT

Unitatea de învăţare II.4.PRESENT PERFECT II.4.1. Introducere This unit deals with the present perfect: forms, use

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

II.4.2. Competenţele unităţii de învăţare II.4 At the end of this unit students will use present perfect structures. At the end of this unit students will use present perfect structures.

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Durata medie de parcurgere a pri

parcurgere a pri mei unităţi de învăţare este de 3 ore. Exemple Present perfect is a

Exemple Present perfect is a tense that we don’t have in our mother tongue so it often causes problems to the Romanian learners of English (I have already done the exercise. I’ve never tried something so dangerous. She has just finished her work. They

haven’t returned our call. She hasn’t seen something like that before. I’ve been teaching for a very long time. She’s been working too much lately.)

for a very long time. She’s been working too much lately.) I. Answer these questions: What

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, haven’t, have, done, come, have installed:

A: Has all the equipment arrived yet?

B: Yes, it has already A: Oh, B: No, I haven’t. I

A: And have you connected the PCs to the printers and photocopiers?

B: Yes, I A: Can you fix it? B: I don’t know. I

OK, but then they called me and told me that they couldn’t print.

the company that sold us the photocopiers? that.

A: Have you B: Yes, of course. I’ve just

A: And what did they say? B: They A: OK. Let’s hope they can fix it.

It came this afternoon. everything? enough cable to connect everything.

you

, but there’s a problem with photocopiers.

the software and everything seemed

to send a technician round tomorrow.

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 world’s 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

almost 800% and Mexico the booming market in Thailand

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 closely similar. Although the USA market

crisis, it all went downhill last year with the start of the recession.

The growth rates that these emerging markets

years is phenomenal. Experts say that we can expect positive results also in the

future.

(rise) by

(increase) by more than 600%. In Asia, (go) up by 300% and investors in

(not manage) to make anything (grow) a lot before the

(enjoy) in the recent

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 (haven’t taken/didn’t 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.

Să ne reamintim Let’s remember the form and use of the Present Perfect form and use of the Present Perfect

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

Unitatea de învăţare II.5. GIVING DIRECTIONS

II.5.1. Introducere This unit deals with giving directions This unit deals with giving directions

II.5.2. Competenţele unităţii de învăţare II.5 At the end of this unit students will learn how to give directions At the end of this unit students will learn how to give directions

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Exemple It

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore.

Exemple

It doesn’t 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 can’t 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. It’s 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: I’m 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 it’s not too far, I’d rather walk. B: No, it’s not that far. You will need about half an hour. A: That’s 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. It’s easy, just pay attention to the traffic signs. A: Thank you so much. B: You’re welcome.

traffic signs. A: Thank you so much. B: You’ re welcome. I Obtain a map of

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

Să ne reamintim Let’s remember the use of giving directions giving directions

Rezumat This unit introduces giving directionsne reamintim Let’s remember the use of giving directions Unitatea de învăţare II.6. LATIN ENGLISH II.6.1.

Unitatea de învăţare II.6. LATIN ENGLISH

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

II.6.2. Competenţele unităţii de învăţare II.6 At the end of this unit students will learn expressions that are highly frequent in At the end of this unit students will learn expressions that are highly frequent in legal English

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Durata medie de parcurgere a primei unităţi de învăţare

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple ab initio actus reus ad

Exemple

ab initio

actus reus

ad litem

bona fide(s)

bona vacantia

ab initio actus reus ad litem bona fide(s) bona vacantia I. Legal Latin 1. By the

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.

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

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%

as Sophos Ltd. (listed or

(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)

, 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

Thrupp. (from this time on)

, 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)

be in the name of the author, Archibald

5. All parties are expected to comply with the conditions stated

8. According to the schedule of payments attached

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

earlier or before now)

acting as trustees are to be consulted regularly. (previously,

12.

Thank you for the prompt despatch of our goods. Please find a cheque enclosed (together with this letter or document)

called the

PUBLISHER), and Michael Halmsworth (

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

earlier)

company was awarded the contract under certain conditions. (mentioned

called the AUTHOR). (stated later in

13. This agreement is made on 1 April 2007 between Blueberry Press (

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

12. The j

system in general.

13. An

r.

y

e

is the collective word for all judges in a country, as well as the court

is somebody who has the right to speak in open court as the

a

representative of a party in a legal case.

is a man who has made a will.

16. r

of the higher courts of law.

19. An a

decision or a sentence imposed by a lower court.

15. r

A t

A b

is a member of the legal profession who can plead or argue a case in one

t

is a person who appeals to a higher court in order to get it to change a

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.

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

disagreement or dispute.

9. A t

10. The person who brings criminal charges against someone in a court is called a p

is somebody who decides who is right and what should be done in a

a

r

r

is someone who has committed a civil wrong, or tort.

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.

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

especially if it is sudden or unexpected.

25.

is a public official who investigates the cause of death or the reason for it,

18. A s

r

r

C

l

is the term for a 16 across acting for one of the parties in a legal action.

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

Rezumat We have looked at Latin idiomatic expressions in Englishthe parties in a legal action. Să ne reamintim In this unit we obtained a lot

Modulul III. PEOPLE IN THE LAW

Cuprins Modulul III People in the Law

Introducere. Competenţe Unitatea de învăţare III.1 People in the Law. III.1.1. Introducere III.1.2. Competenţe

Unitatea

de învăţare III.2 Verb Patterns. III.2.1. Introducere III.2.2. Competenţe

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

Unitatea de învăţare III.4 Reported Speech. III.4.1. Introducere III.4.2. Competenţe

Unitatea de învăţare III.5.Punishment and Penalty III.5.1. Introducere III.5.2. Competenţe

Temă de control

Unitatea de învăţare III.6 Conditional. III.6.1. Introducere III.6.2. Competenţe

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

Competenţe After this unit you will be able to use and identify the vocabulary related to 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 învăţare III.1. People in the law

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

This unit deals with the names of people in the law system II.6.2. Competenţele unităţii de

II.6.2. Competenţele unităţii de învăţare At the end of this unit students will learn the names of people in the law

system

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. students will learn the names of people in the law system Exemple People in the law

Exemple

a primei unităţi de învăţare este de 3 ore. Exemple People in the law 2 Complete

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

London to which lawyers are members); he or she has passed examinations and spent one year in

(= the four law societies in

(= training) before being

(= being fully accepted to practise law). Barristers have

in all courts in England and Wales: in other words, they have the right to speak, but they do

the

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); three and can only sit if there is a justices'

magistrates (unqualified, who sit as a present to advise them).

of

Judges In England, judges are be a barrister or as

appointment of judges is not a

guilty of gross

by the Lord Chancellor. The minimum requirement is that one should

of ten years' standing. The majority of judges are barristers, but they cannot are practising barristers who act as judges on a part-time basis. The appointment, and judges remain in office unless they are found

Judges cannot be Members of

The jury Juries are used in

They are

also used in some coroner's should be for or against the

have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name

appears on the

) normally

The role of the jury is to use common sense to decide if the

cases, and in some civil actions, notably actions for

Members of a jury (called

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 one of the parties to the case thinks they are or may be

if

Unitatea de învăţare III.2.VERB PATTERNS

or may be if Unitatea de învăţare III.2. VERB PATTERNS II.6.1. Introducere This unit deals with

II.6.1. Introducere This unit deals with verb patterns

II.6.2. Competenţele unităţii de învăţare At the end of this unit students will become aware of verb patterns At the end of this unit students will become aware of verb patterns

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Durata medie

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple There are certain rules when

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 can’t 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. It’s 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 don’t know what to do or where to start.), after expression too, enough (He was too young to become a manager. This isn’t good enough to solve all our problems.), after adjectives (It’s impossible to do anything about it now. It was difficult to follow his presentation.).

about it now. It was difficult to follow his presentation.). I. Describe how to do something

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 didn’t 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 didn’t break them.

He built a nice bookcase. He didn’t 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. I’m looking forward to A new pizza place was opened in town last week. How about I’m thinking of When I’m too tired I often feel like Our clients often insist on

?

There’s no point in

I’m afraid the manager is busy at the moment. Would you mind few minutes?

, we’d better wait and do it tomorrow.

for a

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.

I’m waiting here We refused

He didn’t have time so he asked me My friend encouraged me

They have invited me

the visitors of the company and show them around. them as the quality of the delivered items was questionable.

back later. for the position. 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 decide

you a 5% discount for payment within one month.

You mentioned that you wanted

shouldn’t be a problem. Just contact us and we’ll arrange when you can see the machine ‘in

action’. Please do not hesitate I look forward to Yours sincerely, Peter Harrow Managing Director

(supply) you with your order in 4 weeks’ time. If you

(go) ahead with the order, we will agree

(give)

(try) out the machine yourself. This

(contact) me if you have any further questions. (hear) from you again soon.

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

we obtained a lot of useful information about verb patterns. Rezumat We have looked at verb

Rezumat We have looked at verb patterns

Unitatea de învăţare III.3. EXPRESSIONS WITH WORK, TAKE, GET, MAKE AND DO

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

II.6.2. Competenţele unităţii de învăţare At the end of this unit students will use phrases with frequent verbs in English At the end of this unit students will use phrases with frequent verbs in English

Durata medie de parcurg ere a primei unităţi de învăţare este de 3 ore. Exemple

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore.

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 someone’s 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, someone’s 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 ….

vour, nothing, well, aerobics or yoga, 50 km/h, drugs … . I. Fill in the missing

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 I don’t know

Do you know the name of the woman

This is the company

responsibility this is?

happened! Suddenly the fire started!

is organising the conference?

offers the most favourable prices for these items.

I don’t know products on offer. The computers

Yesterday I was talking to someone

The specialists

company to contact first. They all seem to have a wide range of

you ordered last week have just arrived.

brother went to school with you.

repaired our broken machinery were very efficient.

Să ne reamintim In this unit we obtained a lot of useful information about frequent verbs in English. 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, clothes, gloves, shoes… We also built up our vocabulary by learning about expressions with take, get, make and do.

Unitatea de învăţare III.4. REPORTED SPEECH

II.6.1. Introducere This unit deals with reported speech This unit deals with reported speech

II.6.1. Introducere This unit deals with reported speech II.6.2. Competenţele unităţii de învăţare At the end

II.6.2. Competenţele unităţii de învăţare At the end of this unit students will transform direct speech into indirect

speech.

Durata medie de parcurgere a primei unităţi de învăţare este de 3 ore. Exemple We very often have to report what other people have told or asked us

parcurgere a primei unităţi de învăţare este de 3 ore. Exemple We very often have to

Exemple

We very often have to report what other people have told or asked us or ordered us to do and we can’t 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.)

this today.’ – He asked me to do that that that day.) I. Read these sentences

I. Read these sentences that a candidate said at an interview. Put them into Reported Speech:

Miss Bridgwater said, ‘I’m very interested in working for you.’ She said that she was very interested in working for us. Miss Bridgwater explained, ‘I’ve 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 can’t 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