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Universitatea Nicolae Titulescu

nvmnt la Distan
Facultatea de Drept
Anul al II-lea

LIMBA ENGLEZ

Lect.univ.dr. Camelia NEAGU

CUPRINS

Introducere

Unitatea de nvare 1 The United States Constitution 1.1. Introducere 1.2. Obiective 1.3. Rezumat 1.4. Test de evaluare 1.5. Test de autoevaluare 1.6. Tem de control 1.7. Bibliografie specifica 1.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 2 The Future Forms 2.1. Introducere 2.2. Obiective 2.3. Rezumat 2.4. Test de evaluare 2.5. Test de autoevaluare 2.6. Tem de control 2.7. Bibliografie specifica 2.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 3 The Constitution as Supreme Law 3.1. Introducere 3.2. Obiective 3.3. Rezumat 3.4. Test de evaluare 3.5. Test de autoevaluare 3.6. Tem de control 3.7. Bibliografie specifica 3.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 4 The Sequence of Tenses 4.1. Introducere 4.2. Obiective 4.3. Rezumat 4.4. Test de evaluare 4.5. Test de autoevaluare

4.6. Tem de control 4.7. Bibliografie specifica 4.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 5 The Legal System in the united States 5.1. Introducere 5.2. Obiective 5.3. Rezumat 5.4. Test de evaluare 5.5. Test de autoevaluare 5.6. Tem de control 5.7. Bibliografie specifica 5.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 6 The Conditional Sentences 6.1. Introducere 6.2. Obiective 6.3. Rezumat 6.4. Test de evaluare 6.5. Test de autoevaluare 6.6. Tem de control 6.7. Bibliografie specifica 6.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 7 The Trial in the United States 7.1. Introducere 7.2. Obiective 7.3. Rezumat 7.4. Test de evaluare 7.5. Test de autoevaluare 7.6. Tem de control 7.7. Bibliografie specifica 7.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 8 The Passive Voice 8.1. Introducere 8.2. Obiective 8.3. Rezumat 8.4. Test de evaluare 8.5. Test de autoevaluare 8.6. Tem de control 8.7. Bibliografie specifica 8.8. Rspunsuri la testele de autoevaluare

Unitatea de nvare 9 Offences against Person (I) 9.1. Introducere 9.2. Obiective 9.3. Rezumat 9.4. Test de evaluare 9.5. Test de autoevaluare 9.6. Tem de control 9.7. Bibliografie specifica 9.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 10 Nominative + Infinitive and its uses 10.1. Introducere 10.2. Obiective 10.3. Rezumat 10.4. Test de evaluare 10.5. Test de autoevaluare 10.6. Tem de control 10.7. Bibliografie specifica 10.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 11 Offences against Person (II) 11.1. Introducere 11.2. Obiective 11.3. Rezumat 11.4. Test de evaluare 11.5. Test de autoevaluare 11.6. Tem de control 11.7. Bibliografie specifica 11.8. Rspunsuri la testele de autoevaluare Unitatea de nvare 12 Final Grammar Exercises 12.1. Introducere 12.2. Obiective 12.3. Rezumat 12.4. Test de evaluare 12.5. Test de autoevaluare 12.6. Tem de control 12.7. Bibliografie specifica 12.8. Rspunsuri la testele de autoevaluare

INTRODUCERE

Acest modul se adreseaz studenilor Facultii de Drept, forma de nvmnt la distan, anul al II-lea. Obiectivul modulului Modulul Limba englez are drept obiectiv nsuirea de ctre studeni a unui set de termeni juridici de baz (pe care studenii s i poat folosi la un interviu de angajare sau n vederea redactrii n limba englez a unor eseuri/ referate/articole sau n traducerea unor texte juridice). Totodat, studenii vor recapitula noiuni generale de gramatic a limbii engleze. Deprinderea competenelor necesare utilizrii limbii engleze n mediul juridic le va permite studenilor s utilizeze aceast limb strin n vederea angajrii, n activitatea de cercetare (foarte multe cri de specialitate fiind scrise n limba englez) i n vederea ndeplinirii viitoarelor sarcinilor de serviciu. Cunotinele dobndite n cadrul acestui modul vor putea fi folosite alturi de cunotinele obinute prin studierea altor discipline din planul de nvmnt al specializrii, contribuind mpreun cu acestea la formarea unui specialist care s rspund cerinelor i exigenelor angajatorilor din domeniu. Prin nsuirea coninutului modulului, studenii vor dobndi urmtoarele competene generale i specifice: 1. Competene instrumentale - stpnirea unui set de termeni juridici de baz n limba englez - capacitatea de a soluiona probleme profesionale care implic folosirea limbii engleze - capacitatea de a comunica n limba englez. 2. Competene interpersonale: - capacitatea de evaluare i autoevaluare - capacitatea de a lucra n echip - capacitatea de a avea un comportament etic i de a respecta regulile deontologiei profesionale. 3. Competene sistemice: - capacitatea de a transpune n practic noiunile dobndite - capacitatea de a nva - capacitatea de a se adapta procesului de integrare european - abilitatea de a lucra independent. Competenele specifice 1. Cunoatere i nelegere sistematizarea i fundamentarea noiunilor de gramatic a limbii engleze; nsuirea de ctre studeni a cunotinelor necesare pentru redactarea unui referat, articol etc. pe teme de specialitate, achiziionarea de ctre studeni a unui numr ct mai mare de termeni de specialitate;

Competenele generale

stimularea conversaiei spontane n vederea dobndirii unei fluene convenabile n dialoguri pe teme de specialitate. 2. Explicare si interpretare interpretarea corect a sensului unui text juridic, redactat n limba englez i capacitatea de a explica n mod corect termenii juridici folosii n textul respectiv. 3. Instrumental aplicative dezvoltarea capacitii de a efectua corect traduceri din limba englez n limba romn i de a redacta cu acuratee retroversiuni din limba romn n limba englez, folosind termeni de specialitate. 4. Atitudinale dezvoltarea abilitii de a gndi i interpreta n limba englez noiunile juridice i gramaticale nvate; dezvoltarea interesului pentru cunoaterea vocabularului juridic de specialitate n limba englez. Structura modulului (sem. I+II) Acest modul este structurat n 12 uniti de nvare. n primul semestru se vor studia primele 6 uniti de nvare, dup cum urmeaz: Unitatea de nvare 1 THE UNITED STATES CONSTITUTION (60 de minute) Acest capitol expune informaii cu caracter general cu privire la istoria i cele mai importante prevederi ale Constituiei Americii. Unitatea de nvare 2 - THE FUTURE FORMS (90 de minute) prezint noiunile de baz privind folosirea corect a formelor de viitor existente n englez. Unitatea de nvare 3 - THE CONSTITUTION AS SUPREME LAW (60 de minute) prezint diferenelele semnificative existente n ceea ce privete modul de separare a celor trei mari puteri n statul american, sesiznd particularitile acestui sistem prin comparaie cu cel romnesc. Unitatea de nvare 4 - THE SEQUENCE OF TENSES (60 de minute) prezint regulile de folosire a concordanei timpurilor n limba englez. Unitatea de nvare 5 - THE LEGAL SYSTEM IN THE UNITED STATES (60 de minute) prezint tipurile de instane judectoreti din SUA. Unitatea de nvare 6 - THE CONDITIONAL CLAUSES (60 de minute) prezint regulile de folosire a timpurilor n cele trei tipuri de condiionale din limba englez. n al doilea semestru se vor studia ultimele 6 uniti de nvare, dup cum urmeaz:

Unitatea de nvare 7 THE TRIAL IN THE UNITED STATES (60 de minute) prezint participanii la proces n conformitate cu sistemul judiciar american, rolul judectorului i al jurailor n instan. Unitatea de nvare 8 THE PASSIVE VOICE (60 de minute) recapituleaz regulile de folosire a diatezei pasive n limba englez. Unitatea de nvare 9 OFFENCES AGAINST PERSON (I) (90 de minute) enumer i definete cteva dintre cele mai importate infraciuni ndreptate mpotriva persoanei. Unitatea de nvare 10 NOMINATIVE + INFINITIVE AND ITS USES (60 de minute) prezint regulile de folosire a construciilor nominativ/acuzativ+infinitiv. Unitatea de nvare 11 - OFFENCES AGAINST PERSON II (90 de minute) prezint regulile de folosire a dou timpuri: trecutul perfect simplu (past perfect simple) i trecutul perfect continuu (past perfect continuous). Unitatea de nvare 12 FINAL GRAMMAR EXERCISES (45 de minute) conine exerciii recapitulative. Pregtirea i evaluarea studenilor (sem. I) Pn la data primului tutorial din semestrul unu, studenii vor parcurge unitile de nvare 1, 2, i 3. i vor nsui cunotinele teoretice i vor rspunde la toate sarcinile incluse n acestea. Rspunsurile la exerciii i referatele se vor redacta n scris (sunt acceptate i n form electronic document Word) i vor fi transmise tutorelui. Pn la data celui de-al doilea tutorial, inclusiv, studenii vor parcurge unitile de nvare 4, 5 i 6. i vor nsui cunotinele prezentate n cadrul unitilor 4, 5 i 6 i vor rezolva temele de control. Nivelul de pregtire al studenilor se apreciaz astfel: Lucrare scris o traduceri o exerciii de completare a spaiilor libere o ntrebri de verificare a cunotinelor acumulate o exerciii de parafrazare (rephrasing) o eseu/referat/articol Evaluarea temelor de control. Ponderea referatelor i lucrrilor de control este de 30%. Lucrarea scris are o pondere de 70%.

Pregtirea i evaluarea studenilor (sem. II)

Pn la data primului tutorial din semestrul doi, studenii vor parcurge unitile de nvare 7, 8 i 9. i vor nsui cunotinele teoretice i vor rspunde la toate sarcinile incluse n acestea. Rspunsurile la exerciii i referatele se vor redacta n scris (sunt acceptate i n form electronic document Word) i vor fi transmise tutorelui. Pn la data celui de-al doilea tutorial, inclusiv, studenii vor parcurge unitile de nvare 10, 11 i 12. i vor nsui noiunile expuse n unitile 10, 11 i 12 i vor rezolva temele de control. Nivelul de pregtire al studenilor se apreciaz astfel: Lucrare scris o traduceri o exerciii de completare a spaiilor libere o exerciii de reformulare (rephrasing) o exerciii de transformare (de la diateza activ la diateza pasiv sau de la vorbirea direct la vorbirea indirect) o ntrebri de verificare a cunotinelor acumulate o exerciii de parafrazare (rephrasing) o eseu/referat/articol Evaluarea temelor de control. Ponderea referatelor i lucrrilor de control este de 30%. Lucrarea scris are o pondere de 70%.

UNIT 1: THE UNITED STATES CONSTITUTION

1.1. Introducere n aceast unitate de nvare, vei studia cteva date istorice generale cu privire la Constituia SUA. Totodat, studenii vor afla informaii privind principiile fundamentale care stau la baza Constituiei SUA. 1.2. Obiectivele/competentele unitii de nvare

Dup studierea acestei uniti, studentul trebuie s fie capabil: s ofere informaii cu caracter general cu privire la istoricul Constituiei Americii s ofere informaii cu caracter general cu privire la principalele prevederi ale Constituiei Americii. Durata medie de parcurgere acestei uniti de nvare este de 90 de minute.

CONINUTUL UNITII DE NVARE The Constitution of the United States sets forth the nations fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. The Constitution was written to organise a strong national government for the American States. Previously, the nations leaders had established a national government under the Articles of Confederation. But the Articles granted independence to each state. They also lacked the authority to make the states work together to solve national problems. After the states won independence, they had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. Leading statesmen, such as George Hamilton and Alexander Hamilton, began to discuss the creation of a strong national government under a new constitution. A convention was called by Congress in 1787 to revise the Articles of Confederation. But a majority of the delegates at the convention decided instead to write a new plan of government the Constitution of the United States. The Constitution they framed was ratified by all the States within a few years, but with considerable opposition, which is still in force. The Constitution defines clearly the functions and the powers of the national government. In addition, it establishes protection for the rights of the states and of every individual. The Constitution consists of a preamble, seven articles and 27 amendments. It sets up a federal system by dividing powers between national and state governments. It also establishes a balanced national government by dividing authority among three independent branches

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the executive, the legislative and the judicial. The power is shared in such a way that each branch has a certain authority over the others, a system called checks and balances. The executive branch enforces the law, the legislative branch makes the law and the judicial branch explains the law. The executive branch is represented by the President, the legislative branch by Congress and the judicial branch by the Supreme Court. Federal powers listed in the Constitution include the right to collect taxes, declare war and regulate trade. In addition, the national government had implied powers (those reasonably suggested by the Constitution). The implied powers enable the government to respond to the changing needs of the nation. For example, Congress has no delegated power to print money. There are some powers that the Constitution does not give to the national government or to the states. These reserved powers belong to the people or to other states. State powers include the right to legislate on divorce, marriage and public schools. Powers reserved for the people include the right to own property and to be tried by a jury. In some cases, the national and state governments have concurrent powers that is, both levels of the government may act. The national government has the supreme authority in case of a conflict. The Supreme Court has the final authority to explain the Constitution. It can set aside any law federal, state or local that conflicts with any part of the Constitution. The first 10 amendments known as the Bill of Rights were proposed on September, 1789, and ratified on December, 1791. Originally, the amendments applied only to the federal government. But the 14th Amendment declares that no state can deprive any person of life, liberty or property without due process of law. The Supreme Court has interpreted those words to mean that most of the Bill of Rights applies to the states as well. Corectai greelile din propoziiile de mai jos: The 27 amendments to the American Constitution are known under the name of The Bill of Rights. Federal powers enable the government to respond to the changing needs of the nation. The Articles of Confederation did not grant independence to each state. S ne reamintim Constituia SUA este legea fundamental a Statelor Unite ale Americii. Legea suprem a SUA este cadrul legal pentru buna organizare a Guvernului SUA. Constituia SUA reglementeaz relaiile dintre guvernul federal i fiecare stat American, precum i dintre guvernul federal i cetenii americani.

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1.3.

Rezumat

Constituia SUA a fost adoptat n data de 17 septembrie 1787. nainte de a exista o Constituie American, statele americane erau guvernate n conformitate cu prevederile Articolelor Confederaiei (the Articles of Confederation). n 1787, Articolele Confederaiei au fost nlocuite de textul complex al Constituiei SUA. 1.4. Tem de evaluare:

I. Answer the following questions: 1. What does the constitution of the U.S. set forth? 2. Does the U.S. have a written Constitution? 3. What had the nations leaders established? 4. For what purpose did they draw up an entirely new Constitution? 5. What does the Constitution clearly define? 6. What are the three branches sharing power under the Constitution? 7. What does each of them represent? 8. What do they mean by implied and reserved powers? 9. Who has the final authority to explain the Constitution? 10. What are the first ten amendments known as and what basic rights do they set down? II. Fill in the blanks in the text using the words and expressions in the list below. restatements advisory opinions opinions of (or for) the court concurring opinion e) dissenting opinion f) justices g) binding h) case law
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In the USA the (1) _______ of the Supreme Court deliver ruling also called (2)_______. They are the opinions of the majority of the court (or the majority opinions). The Court may also render a minority opinion in the decision of a law case, in which some justice disagree with the majority opinion and explain why. This ruling is called a (3) ______. Some justices may agree with the majority opinion on the legal decision taken, yet they might want to express diverging points of view on minor issues. This ruling is called a (4)__________. Some State Supreme Courts in the United States may deliver (5)_______ on a point of law, a statute, a treaty etc. These opinions are merely persuasive, they are not (6) _____. Practitioners of the law, judges and law teachers have been working (within a private organisation called the American Law Institute) on a systematic compilation of (7) _______ in such areas as the Law of Contracts, Torts, Property etc. The name of this compilation is (8) ________.

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1.5.

Tem de autoevaluare:

I. Make sentences of your own using the antonyms of the following words: limited, silence, true, serious, permanent, relative. II. Write a paragraph composition using the following: lawyer, pleading, justice court, to lie, truth, accord, fact, exact, regarding, reality. 1.6. Tem de control:

Translate the following text into Romanian: The Bill of Rights or the first ten amendments to the United States Constitution and the Bill of Rights in the various states constitutions are in whole or in large part made up of statements, common law rights, which are inborn, inherent and inalienable and not granted by any Government, according to Anglo-Saxon and American theory. Thus, the American Governments, national or state, are merely added protection to the common law rights, which citizens already possess. (Adapted from Concise Dictionary of American History)

1.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004. http://constitutionus.com/ 1.8. Rspunsuri la testul de autoevaluare I. 1. The judge has unlimited authority to pass the sentence to the trial. 2. The court session was adjourned because of the noise in the hall. 3. The witness made a false statement and, consequently, he was accused of perjury. 4. The culprit received a lenient penalty because he committed a minor offence. 5. He will remain in custody for a temporary period. 6. The aspiration to find absolute truth has always been a human ideal. II. The lawyer was pleading in the justice court making reference to every fact of the case. He proved that the key witness lied when he swore to give the exact description of the defendant. In reality, the latter had an accord with the witness, i.e. to lie in exchange of a sum of money. Consequently, the judges attitude regarding the facts of the case is now totally different. Finally, truth came out to the relief of the victim.

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UNIT 2: THE FUTURE FORMS

2.1. Introducere n aceast unitate de nvare, studenii vor dobndi noiunile de baz privind folosirea corect a formelor de viitor n limba englez. Pentru a nelege aa cum se cuvine diferitele modaliti de exprimare a viitorului existente n limba englez, studentul trebuie s fie atent la modul n care vorbitorul privete aciunea pe care o exprim: intenie, planificare, aranjament, simplu fapt din viitor, predicie sigur/nesigur, ofert spontan etc. 2.2. Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s foloseasc n mod corect formele de viitor existente n englez s sesizeze diferenele de nuan dintre formele de viitor simplu, perfect, continuu i perfect continuu s identifice situaiile de folosire a timpului prezent (simplu i continuu) pentru exprimarea viitorului, inclusiv n cadrul subordonatelor de condiie/de timp. Durata medie de parcurgere acestei uniti de nvare este de 120 de minute. CONINUTUL UNITII DE NVARE There are several ways of expressing the future in English. The forms are listed below and will be dealt with in order in which they are given.
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1. 2. 3. 4. 5. 6. 7. 8.

The Simple present Will + infinitive, used for intention The Present continuous The be going to form The future simple will/shall + infinitive The future continuous The future perfect The future perfect continuous

1. The SIMPLE PRESENT used for the future This tense can be used with a time expression for a definite future arrangement: The students start classes on October. I leave tonight. Our new branch opens next week. My plane leaves at six.

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2. WILL + INFINITIVE used for intention When we say that a form expresses future with intention we mean that it expresses a future action, which will be undertaken by the speaker in accordance with his/her wishes. Will + infinitive and the be going to form can be used in this way. Will + infinitive eg. is used to express intention at the moment of decision.

The phone is ringing. Ill answer it. Mary (looking at a pile of letters): Ill answer them tonight. Paul (who is getting fat and tired of paying parking fines): I know what to do. Ill sell my car and buy a bike.

For unpremeditated actions as above, we must use will (contracted to ll). But note that if after his/her decision the speaker mentions the action again, he/she will not use will, but be going to or the present continuous. For example: Mary could say: Im going to answer these letters tonight. (She hasnt made any arrangement with anybody); Paul, similarly, could say: Im selling the car. 3. The PRESENT CONTINUOUS as a future form a. The present continuous can express a definite arrangement in the near future: Im taking an exam in September. Implies that I have entered for it. Bob and Bill are meeting tonight. Implies that they have arranged this. b. But with verbs of movement from one place to another, e.g. arrive, come, drive, fly, go, leave, start, travel, verbs indicating position, e.g. stay, remain and the verbs do and have (food or drink), the present continuous tense can be used more widely. It can express a decision or plan without any definite arrangement. What are you doing next Saturday? Possible answers: Im going to the seaside. Im not doing anything. Im staying at home. Im going to write letters. c. This method of expressing the future cannot be used with verbs which are not normally used in the continuous tenses. These verbs should be used into future simple. Im meeting him tonight but I shall know him tonight. They are coming tomorrow but they will be here tomorrow. Well think it over.

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4. The BE GOING TO form Form: The present continuous tense of the verb to go + the full infinitive: Im going to buy a new car. Is he going to lecture in English? She is not going to be there. This form is used: a) for intention b) for prediction a. The be going to form used for intention The be going to form expresses the subjects intention to perform a certain future action. This intention is always premeditated and there is usually also idea that some preparation for the action has already been made: Be going to form can be used for the near future with a time of expression: e.g. I am meeting Tom at the station at six becomes I am going to meet Tom at the station at six. This form can also be used with time clauses when we wish to emphasise the subjects intention: e.g. He is going to be a lawyer when he grows up. What are you going to do when you get your degree? b. The be going to form used for prediction The be going to form can express the speakers feeling of certainty. The action is expected to happen in the near or immediate future: e.g. Look at those clouds! Its going to rain. Listen to the wind. Were going to have a terrible thunderstorm. It can be used in this way after such verbs as be sure/afraid, believe, think: e.g. How pale that woman is! I/m sure/believe/I think she is going to faint. 5. THE FUTURE SIMPLE Form: will/shall + infinitive There is no future tense in modern English but for convenience we often use the term future simple to describe the form above. Affirmative I will/shall work (Ill) You will work (youll) work (hell/shell/itll) Negative I shall/will not work (I shant/wont) You will not work (you wont) He/she/it will not work (he, she, it wont) Interrogative Shall I work? We shall work (well) You will work (youll)He/she/it will They will work (theyll) We shall not work (we shant) You will not work (you wont) They will not work (they wont)

Shall we work?

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Will you work? Will he, she, it work? Negative interrogative Will not/wont you work? Etc Will is used for expressing intention: I will wait you = I intend to wait you.

Will you work? Will they work?

Shall is used when there is no intention, i.e. for actions where the subjects wishes are not involved: I shall be 25 next week. We shall know the results next month. I am sure I shant lose my way. Shall, used above, is still found in formal English, but is no longer common in conversation. Instead we normally use Will: I will be 25 next week. We will know the results next week. I am sure I wont lose my way. Shall, however, is still used in the interrogative, in questions tags, in suggestions, in requests for orders or instructions: Lets go, shall we? Shall we take a taxi? What shall we do with your mail? Shall for determination Sometimes public speakers feel that to express determination they need a heavier word (not will) and so they say shall: We shall fight and win. Shall can be also used in ordinary conversation: I shall be there, I promise you. Uses of the future simple To express the speakers opinion, assumptions, speculations about the future, after such verbs as assume, be afraid, be/feel sure, believe, doubt, expect, hope, know, suppose, think, wonder: Im sure hell come back. I suppose hell sell the house. Theyll probably wait for us. It is used for habitual actions which we assume will take place: Spring will come again. People will make plans. Birds will build nests.

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6. THE FUTURE CONTINUOUS Form: the future simple of to be + present participle Negative I/we will/shall not be working He/she/it/you/they will not be working Negative interrogative Wont he/she/it/they be working? Etc

Affirmative I/we will/shall be working He/she/it/you/they will be working Interrogative Shall/will I/we be working?

Will he/she/it/you/they be working? It is normally used with a point in time and expresses an action which starts before that time and probably continues after it. e.g. On Saturday there are no classes. The students will not be sitting in the classroom. They will be doing other things. This time tomorrow they will be sitting in the cinema.

7. THE FUTURE CONTINUOUS

PERFECT

AND

THE

FUTURE

PERFECT

TENSE

THE FUTURE PERFECT Form: Will/shall + perfect infinitive

It is normally used with a time expression beginning with by: by then, by that time, by the 24th. e.g. By the end of next month he will have been here for ten years. By the end of the year Ill have saved 600. 8. THE FUTURE PERFECT CONTINUOUS Form: Will/shall have been + present participle

It is used for a continuous action: e.g. By the end of the month he will have been working here for ten years. Corectai greelile din propoziiile de mai jos: 1. This time tomorrow the judge will have passed the sentence. 2. By the end of the year the court will deliver at least 1,000 judgments. 3. The prosecutor will read the report on this case after he will collect all the necessary information.

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S ne reamintim Pentru a folosi corect formele de viitor n limba englez, vorbitorul trebuie s rein c, n aceast limb, intenia i planificarea/aranjamentul viitor se exprim prin forme speciale: to be going to, respectiv prezentul continuu al verbului de conjugat. Pe de alt parte, spre deosebire de limba romn, n englez avem i o form de viitor continuu (future continuous) i o form de viitor perfect continuu (future perfect continuous). 2.3. Rezumat n limba englez, viitorul se poate exprima n mai multe moduri, depinznd de intenia vorbitorului de a comunica un simplu eveniment viitor (shall/will+short infinitive), o intenie viitoare (to be going to), o aciune din viitorul apropiat (to be going to+ infinitive, to be to + infinitive), o aciune viitoare care este parte a unui program oficial (prezentul simplu), un aranjament viitor/o programare viitoare (prezentul continuu), o aciune viitoare care se va fi ncheiat nainte de un moment viitor sau de alt aciune viitoare (shall/will+have+past participle). 2.4. Tem de evaluare: I. Use the be going to form in the following sentences: 1. You (miss) your train. 2. What you (do) with this room? I (paint) the walls in black and white stripes. 3. Look at the clouds. It (rain). 4. He (grow) a beard when he leaves school. 5. I have seen the play. Now I (read) the book. 6. I dont like this macaroni. I (not finish) it. 7. We (make) a lot of money out of this. 8. They (try) him for manslaughter when he comes out of hospital. 9. I (stop) here for a moment to get some petrol. 10. Ive lent you my car once. I (not do) it again. II. Put the verbs in brackets into the present continuous or the future simple using the present continuous where possible: 1. I am sure that I (recognize) him. 2. They (lay) the foundation next week. 3. He (not write) to you unless you write to him. 4. I (believe) it when I see it. 5. You pay and I (owe) you the money. 6. Ive left the light on. It (matter?) 7. I (have) my car repainted next week. 8. You (understand) when you are older. 9. There (be) a big meeting here tomorrow. 10. If he doesnt work hard he (not pass) his exam.

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2.5. Tem de autoevaluare: I. 1. 2. 3. 4. 5. 6. 7. Put the verbs in brackets into the future continuous tense: When you next see me, I (wear) my new dress. I (wait) for you when you come out. We have to do night duty here. I (do) mine next week. This time next month I (sit) on a beach. He (use) the car this afternoon. Its a serious injury but he (walk) again in six weeks. Wed better go out tomorrow because Mary (practise) the piano all day. 8. It wont be easy to get out of the country. The police (watch) all the ports. 9. Stand there, they (change) the guard in a minute and youll get a good view. 10. We (take off) in a few minutes. Please, fasten your safety belts. II. Put the verbs in brackets into the future perfect tense: 1. In a fortnights time we (take) our exam. 2. I (accomplish) this task in twenty minutes. 3. By the end of the term I (read) all twelve volumes. 4. If we dont hurry the sun (rise) before we reach the top. 5. By the time we get to the party everything (be) eaten. 6. The train (leave) before we reach the station. 7. By next winter they (build) four houses in that field. 8. On 21 October they (be) married for twenty-five years. 9. After this performance I (see) Hamlet twenty-five times. 10. If I continue with my diet I (lose) 10 kilos by the end of the month. 2.6. Tem de control: Translate into English using a future form: 1. Vei veni la concert n seara aceasta? Dac vei veni, ne vom ntlni acolo. 2. Patronii vor ncepe negocierile de ndat ce oamenii se vor ntoarce la lucru. 3. Vei semna contractul mine, nu-i aa? 4. Ce ai de gnd sa faci cu toi banii acetia? i cheltui sau i depui la banc. 5. M ntreb dac i va povesti i despre afacerea pe care o are de ncheiat. 6. Voi fi foarte ncntat s-mi povesteti despre excursia fcut. 7. Am s te anun de ndat ce voi vorbi cu directorul. 8. Cnd ai de gnd s termini ce ai de fcut? 9. Ce ai de gnd s faci dup ce vei termina coala? 10. Voi ncerca s-l contactez mine.

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2.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Vianu, Lidia, English with a Key, Ed. Teora, 1996 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 2003. 2.8. Rspunsuri la testul de autoevaluare I. 1. When you next see me, I will be wearing my new dress. 2. I will be waiting for you when you come out. 3. We have to do night duty here. I will be doing mine next week. 4. This time next month I will be sitting on a beach. 5. He will be using the car this afternoon. 6. Its a serious injury but he will be walking again in six weeks. 7. Wed better go out tomorrow because Mary will be practicing the piano all day. 8. It wont be easy to get out of the country. The police will be watching all the ports. 9. Stand there, they will be changing the guard in a minute and youll get a good view. 10. We will be taking off in a few minutes. Please, fasten your safety belts. II. 1. In a fortnights time we will have taken our exam. 2. I will have accomplished this task in twenty minutes. 3. By the end of the term I will have read all twelve volumes. 4. If we dont hurry, the sun will have risen before we reach the top. 5. By the time we get to the party everything will have been eaten. 6. The train will have left before we reach the station. 7. By next winter they will have built four houses in that field. 8. On 21 October they will have been married for twenty-five years. 9. After this performance I will have seen Hamlet twenty-five times. 10. If I continue with my diet, I will have lost 10 kilos by the end of the month.

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UNIT 3: THE CONSTITUTION AS SUPREME LAW


3.1. Introducere Dup parcurgerea acestei uniti, vei dobndi noiuni de baz privind principiile generale ale Constituiei SUA cu privire la guvernarea statului american. n textul studiat se fac referiri la principiul separrii i mpririi puterilor n statul american (principiul cunoscut sub numele de a system of checks and balances), precum i la rolul i atribuiile preedintelui i vicepreedintelui SUA. Totodat, textul conine informaii generale cu privire la instanele americane federale i de stat. Obiectivele/competenele unitii de nvare

3.2.

Dup studierea acestei uniti, studentul trebuie s fie capabil: s sesizeze diferenele semnificative existente n ceea ce privete modul de separare i mprire a celor trei mari puteri n statul american, sesiznd particularitile acestui sistem prin comparaie cu cel romnesc. Durata medie de parcurgere acestei uniti de nvare este de 90 de minute. CONINUTUL UNITII DE NVARE The U.S. Constitution calls itself the supreme law of the land. The Constitution is the central instrument of American government. For 200 years it has guided the evolution of governmental institutions and has provided the basis for political stability, individual freedom, economic growth, and social progress. The three main branches of government executive, legislative, juridical are separate and distinct from one another. The powers given to each are balanced by the powers of the other two. Each branch serves as a check on potential excesses of the others. The President represents the country as Head of State but also has real political power. Elections for President are held every four years and no President may own office for more than two terms. Presidential candidates are chosen by the political parties either through primaries (direct elections) or at state conventions or caucuses (meetings of party representatives), depending on the State. The Vice President is also elected for a term of four years. He takes the place of the President in case a substitute is needed. The Vice President acts as presiding officer of the Senate without a vote except in case of a tie.

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Congress meets once a year in December and continues in session for several months. It consists of two houses: the Senate or the Upper House (to which each state elects two senators for a period of six years) and the House of Representatives or the lower house, which is composed of representatives elected for a term of two years. The number of Representatives from each state is in proportion to the population. A bill introduced into Congress must be passed by both Houses and signed by the President before it can become law. The President has power to veto undesirable legislation. Bills must not conflict with the constitution. The Courts. Federal judges are appointed by the President and finally confirmed by the Senate. The Supreme Court, which is the highest court, has the power to judge whether a law passed by the government conforms to the constitution. The constitution does make provision for the removal of a public official from office, in case of extreme misconduct, by the process of impeachment. Article II, Section 4 reads: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. As set forth in the Constitution, the House of Representatives must bring charges of misconduct by voting a bill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial. The next amendments deal with the system of justice. Corectai greelile din propoziiile de mai jos: 1. In the USA elections for President are held every 5 years and no President may own office for more than one term. .. 2. The Vice President cannot vote in case of a tie. .. 3. The process of impeachment refers to thr removal from office of a public prosecutor. .. S ne reamintim De mai bine de 200 de ani, Constituia Americii a reprezentat cadrul legal pentru guvernarea statului i buna organizare i funcionare a instituiilor acestuia. Conform prevederilor Constituiei, Statul American este organizat potrivit principiului separaiei i echilibrului puterilor puterea legislativ, executiv i judectoreasc.

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3.3. Rezumat Din textul inclus n aceast unitate de nvare aflm urmtoarele informaii: - Preedintelui SUA este numit pentru un mandat de 4 ani - O persoan aflat n postul de Preedinte al SUA poate avea cel mult dou mandate - Puterea politic a Preedintelui SUA este deosebit de mare ntruct eful Statului este i eful Executivului - Vicepreedintele SUA este i Preedintele Senatului - Vicepreedintele SUA este obligat s i exercite dreptul de vot n Senat n cazul n care exist egalitate de voturi - proiectele de lege (bills) devin legi dup ce sunt aprobate de cele dou camere ale Congresului (Senatul i Camera Reprezentanilor) i promulgate de Preedintele SUA - Curtea Suprem se exprim asupra constituionalitii/neconstituionalitii legilor/tratatelor etc. - orice nalt demnitar poate fi demis din funcie prin procedura de impeachment dac este gsit vinovat. 3.4. Tem propus pentru evaluare: I. Answer the following questions: 1. What are the three main branches of government? 2. What does the President represent? 3. Does the President have any political power? 4. How many terms may a President own office? 5. Who chooses presidential candidates? 6. Who takes the place of the President in special situations? 7. Has the Vice President the right to vote in the Senate? 8. What are the houses of the Congress? 9. When can bills become law? 10. Who appoints federal judges? 11. What power has the Supreme Court concerning the President? 12. What power has the Supreme Court concerning a law passed by the government? II. Read the following text and then try to translate it without using a dictionary. After that, look for the unknown words ad write them down: Things are, of course, very different indeed in the United States. Law and politics are interwoven in a great many ways. Generally, it is widely recognized that law and especially constitutional law is in its very essence and nature highly political. This is the main reason that the appointment of Supreme Court justices is such a political process, and why Presidents look for judges with whom they are in basic political agreement. Lawyers swarm all over the political scene in the United States.

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3.5. Tem de autoevaluare I. Make sentences with 5 of the following antonyms: reversible irreversible abolishment enforcement to fail to succeed natural unnatural to carry out to cease legal illegal II. Use the following words and expressions in the blank spaces: drugs, murders, larceny, crime, handguns, auto thefts, rape, burglar, watch a) When Americans are asked what they consider to be the most important problems, they mention ________ first. b) Inside the Americans houses there are many electronic ______ devices. c) The escalating murder rate has been attributed to the _______. d) _______ and _______ are almost always reported, whereas _______ and ______ may remain silent. e) Many communities across USA have started their own campaigns against ______. f) Citizens participate in neighborhood _______ programs and organize groups to patrol the streets. 3.6. Tem de control: Many of Americas presidents have been lawyers or trained as lawyers. For many decades, about half the members of both houses of the US Congress have been lawyers and lawyers still hold about 40% of the seats in Congress. State legislatures have for long been dominated by lawyers, though this has been changing for some time. Similarly, lawyers are to be found all over the administration, not only in legal capacities, but also as heads and directors of government agencies and other similar bodies. Many of these persons move to, or from the bench. (Adapted from Introduction to law and the Legal System) 3.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004. http://constitutionus.com/ 3.8. Rspunsuri la testul de autoevaluare I. 1. The decision adopted by the court is irreversible. 2. The enforcement of this law will significantly reduce criminality committed by juveniles. 3. It is not easy to succeed in apprehending an experienced offender. 4. Unnatural offences are mostly due to the aggressors psychiatric problems. 5. It is illegal to sell, buy or consume drugs. II. a. drugs; b. burglar; c. handguns; d. murders; auto thefts; e. crime; f. watch.

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UNIT 4: THE SEQUENCE OF TENSES

4.1. Introducere n aceast unitate de nvare, studenii vor dobndi/recapitula noiunile de baz privind folosirea corect a concordanei timpurilor n limba englez. Concordana timpurilor este un subiect de o importan fundamental pentru orice persoan interesat de stpnirea corect a limbii engleze. Dificultatea acestui subiect rezult din modul diferit n care vorbitorii de romn i cei de englez coreleaz timpurile propoziiei principale cu timpurile secundarei/secundarelor pentru a formula enunuri logice i corecte. 4.2. Obiectivele/competentele unitii de nvare

Dup studierea acestei uniti, studentul trebuie s fie capabil: s foloseasc n mod corect concordana timpurilor n limba englez, semnalnd diferenele existente ntre englez i romn s evite folosirea greit a timpurilor n fraze, respectnd regulile de concordan studiate. Durata medie de parcurgere acestei uniti de nvare este de 60 de minute. CONINUTUL UNITII DE NVARE A sentence can contain a main clause and one or more subordinate clauses. Below you will have examples containing the right tenses used in the main and subordinate clauses:
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MAIN CLAUSE I. PRESENT TENSE PRESENT PERFECT TENSE e.g. The judge thinks Ive just told her

THAT AFTER WHEN

SUBORDINATE CLAUSE Any tense used in the subordinate clause.

that that

she will finally confess. Ive never been in that area. I wasnt there when the crime occurred.

II. FUTURE TENSE

PRESENT (used for simultaneous actions in future) PRESENT PERFECT TENSE (used for a previous action in future)
when after

e.g. I shall post the letter The clerk will weigh the parcel

I go to the Post Office. he has wrapped it.

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III. PAST TENSE

PAST TENSE (used for simultaneous actions in past) PAST PERFECT TENSE (used for actions that happened before another action in past) FUTURE IN-THE-PAST
that that that

e.g. I worked so hard He saw I hoped

I was already tired. he had made a mistake. he would finish the report by tomorrow.

Corectai greelile din propoziiile de mai jos: The witness declared that he has not seen the alleged criminal at the crime scene yesterday. .. You swore that you will say only the truth and nothing but the truth. .. As soon as we will receive the data from the laboratory, we will know the DNA of the offender. .. S ne reamintim n limba englez, concordana timpurilor ne ajut s folosim n mod corect timpurile dintr-o fraz. Necunoaterea regulilor concordanei timpurilor atrage dup sine erori mari n vorbire. 4.3 Rezumat Conform regulilor concordanei timpurilor, timpul din propoziia principal dicteaz timpul din propoziia secundar dup cum urmeaz: - dac predicatul propoziiei principale este la prezent, atunci n secundar se poate folosi orice timp cerut de context; - dac predicatul propoziiei principale este la trecut, atunci n secundar se pot folosi numai timpuri trecute (trecut simplu pentru a arta faptul c aciunea din principal se petrece n acelai timp cu aciunea din secundar; trecutul perfect pentru a exprima anterioritatea fa de aciunea din principal; viitorul n trecut pentru a indica faptul c aciunea din secundar urmeaz celei din principal); - dac predicatul propoziiei principale este la viitor, atunci n secundar putem folosi fie timpuri prezente, fie forme de trecut, dar nu de viitor (aceast regul se refer la subordonatele de timp i condiie).

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4.4. Tem propus pentru evaluare: I. Change the verbs in the main clause into the past tense. Make all the necessary changes: 1. Everybody is sure that, after his fathers return, he will not lag behind and will study much better. 2. I know that they have already been in the mountains. 3. She is going to find out whether other people want to spend their holidays in the woods. 4. She says she bought this useful dictionary two days ago. 5. I dont think they have already come back from the railway station. 6. It is sure it is going to rain. 7. They say they will ring up when they reach Constanta. 8. I dont think we have ever met before. 9. George says he will not come to the appointment. 10. She says that she will go for a walk after she has finished her homework. II. Put the verbs in the required tense: 1.They asked me where you (to be), and I told them you (to go) for a walk along the river. 2.They said they (to wait) till you (to come) back. 3.She was born here and before she met me, she (to leave) never the place. 4.We were doing what we could to help them but they (to listen to) never us. 5.I wanted to ask him what (to happen) but I knew beforehand what answer he (to give). 6.Tom (to know) Mary a long time before he finally (to get) married. 7.When we (to go) to see them last night, they (to do) grammar exercises; they (to say) they (to do) that since six oclock. 8.You never (to understand) what I (to explain) to you! Why you (not to listen) while I (speak) to you? 9.I never (to read) a book that (to interest) me so much as the one I (to read) last week. 10.By the end of last year he (to read) four Shakespeare plays , and by next year he (to read) two more. I (not see) him since last week, but I (to believe) he (to write) on essay on King Lear at present. 4.5. Tem propus pentru autoevaluare: I. Use the verbs in brackets in the correct tense according to the rule of the sequence of tenses. 1. A caf in England (to be) a place where light meals but not beer, wine etc. may be had. 2. So far no agreement (to reach) by the committee of our company. 3. I am confident such mistakes (to avoid) in the future. 4. This method (to use) for many years, it (to be improved). 5. She (to say) that these old buildings soon (pull down). 6. Solar eruptions (to notice) at astronomical stations for many years. 7. Since 1973 this phenomenon (to study) by scientists all over the world.

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8. He (to tell) me that he always (to have) trouble with his car these days. 9. I (to do) some last-minute shopping before I went to the airport. 10. The letter (to arrive) while I (to have) breakfast. II. Complete with the appropriate verb: 1. The writer____ a few lines, but we didnt understand a word. a) reads; b) read; c) is reading; d) reading 2. Tom lent me a book. I ____ a book from Tom. a) lent; b) borrowed; c) took; d) stole 3. John is in Italy. How long _________ there? a) is he; b) has he been; c) has he; d) was he 4. He drops in on everyone in the street. He _____ everyone. a) shouts at; b) calls; c) cries out as; d) visits 5. The thieves wanted to ____ the diamonds. a) rob; b) steal; c) take from; d) take to 6. I looked for my bag. I ____ it. a) tried to look after; b) tried to look at; c) tried to find; d) tried to see 7. Our bookcase is kept in the living room. Thats where we ___ it a) kept; b) have kept; c) are keeping; d) keep 8. I will enjoy my stay here. It will ____me. a) amuse; b) enjoy; c) laugh at; d) please 9. She ___ out of the window and saw it was raining. a) looked; b) saw; c) remarked; d) watched 10. No parking means ______ a) dont leave your car here; b) without parking; c) dont stop; d) theres no room to park here. 4.6. Tem de control: Translate into English: 1.Eu cred c ea nu se va ntoarce n ar pn la sfritul lunii august. 2. Mi-a spus ieri c a vrut s trimit prinilor si o scrisoare recomandat. 3. Mi-a spus c i-a plcut cartea pe care i-am mprumutat-o i i-o va da i soului ei ca s-o citeasc. 4. Spune c are de gnd s fac o excursie n Spania dar pentru moment nu are banii necesari. 5. Directorul ne-a comunicat c nu intenioneaz s anuleze ntrunirea de la ora dou. 6. A sperat c te va putea vedea astzi dar n-a tiut c vei ntrzia aa de mult i nu te-a mai putut atepta. 7. Mi-a spus c n-a fost niciodat n China dar acum s-a hotrt s mearg acolo pentru o lun. 8. Dup ce se va ntoarce de la cursurile de var, sper c va termina i articolul pentru revist. 9. Nu i-a putut aminti unde i pusese ochelarii. 10. Nu-mi imaginez ce va spune cnd o s-i dau aceste veti neplcute. 11. Ai de gnd s-o atepi pn se ntoarce? 12. Traducerea era deja terminat cnd a venit colegul meu de birou s i-o duc directorului.

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4.7. Bibliografie specific: Banta, Andrei, Essential English, Ed. Teora, 1993 Vianu, Lidia, English with a Key, Ed. Teora, 1996 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 2003 4.8. Rspunsuri la testul de autoevaluare I. 1. is; 2. has been reached; 3. will be avoided; 4. has been used; has been improved; 5. says; will be pulled down OR said; would be pulled down; 6. have been noticed; 7. has been studied; 8. Has told; is always having; 9. had done; 10. arrived; was having. II. 1. b; 2. b; 3. b; 4. d; 5. b; 6. c; 7. d; 8. d; 9. a; 10. a.

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UNIT 5: THE LEGAL SYSTEM IN THE UNITED STATES

5.1.Introducere Dup parcurgerea acestei uniti, vei dobndi noiuni de baz privind sistemul judiciar american. Studenii gsesc n aceast unitate de nvare informaii cu caracter general cu privire la instanele de stat i cele federale, precum i cu privire la statutul judectorilor din SUA. Parcurgnd acest text, studenii de la facultatea de drept vor recapitula termeni juridici uzuali, folosii n limba englez pentru a face referire la activitatea judectoreasc. Totodat, studenii vor fi ncurajai s sesizeze diferenele majore existente ntre sistemul judiciar romnesc i cel american. 5.2.Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s enumere tipurile de instane judectoreti din SUA s sesizeze diferenele generale existente ntre sistemul judiciar american i cel romnesc s foloseasc n mod corect termenii de specialitate studiai n aceast unitate de nvare. Durata medie de parcurgere acestei uniti de nvare este de 90 de minute.

CONINUTUL UNITII DE NVARE The judiciary is the safeguard of our liberty and of our property under the Constitution Charles Evans Hughes, Chief Justice of the U.S. Supreme Court, Speech at New York, 1907.
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This third branch of the government consists of a system of courts spread throughout the country, headed by the Supreme Court of the U.S. From the beginning has evolved the present structure: the Supreme Court, 13 courts of appeal, 94 district courts and two courts of special jurisdiction. The Supreme Court is the highest court of the United States and cannot be appealed to any other court. Congress has the power to fix the number of judges sitting on the Court. The nine Supreme Court judges, who are appointed by the President and approved by the Senate, can be removed from the office only by impeachment. There is no requirement that judges be lawyers, although, in fact, all federal judges and Supreme Court justices have been members of the bar. The Supreme Court consists of a chief justice and eight associate justices.

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The Chief justice is the executive officer of the Court but, in deciding cases, has only one vote, as do the associate justices. A significant amount of the work of the Supreme Court consists of determining whether legislation or executive acts conform to the Constitution. FEDERAL AND STATE COURTS. There are two kinds of courts in the U.S. 1. Federal courts which are established by the U.S. government. There are some 1.500 federal court judges who are appointed for life by the President. About one million cases are brought each year in federal courts. About 80% of these cases are bankruptcy filings and approximately 10% are minor criminal cases. 2. State Courts are established by a state or by a county or city within the State. There are almost 30.000 state court judges. The cases individual citizens are most likely to be involved in include robberies, traffic violations, broken contracts and family disputes. State judges hold office for ten years and are usually elected, or confirmed in office by election. TYPES OF FEDERAL COURTS There are three types of federal courts: District courts, Courts of Appeal, the Supreme Court. DISTRICT COURTS. Congress has divided the country into 94 federal judicial districts, each with its own U.S. district court. These are federal courts where cases are tried, witnesses testify and juries serve. COURTS OF APPEAL Congress has grouped the districts into 12 regions called circuits, each with a court of appeals. There is also a federal circuit, which covers the entire county. If a person loses a trial in district court, that person can appeal the case to the court of appeals to see if the district court judge applied the law correctly. The courts of appeals also review cases decided by some federal agencies, such as the National Labor Relation Board. THE SUPREME COURT in Washington D.C. is the most famous federal court. Cases from court of appeals in each circuit and from the state supreme courts can be appealed to the Supreme Court. FEDERAL COURT CASES JURISDICTION refers to the kind of cases a court is authorized to hear. Federal court jurisdiction is limited to the kinds of cases listed in the Constitution (Article III, Section 2). Federal Courts hear cases involving the Constitution, laws passed by congress, cases in which the United States is a party, cases involving foreign diplomats and some special kind of cases, such as incidents at sea and bankruptcy cases. Federal courts also hear cases that are based on state laws but involve parties from different states. CIVIL CASES. A party, in a civil case, can be a person or a corporation, but, in either situation, a civil involves a claim by one party (the plaintiff) that another party (the defendant) failed to carry out a legal duty (the duty not to harm others through carelessness or the duty to honor the terms of a contract). In case the defendant failed to carry out a legal duty, the court may order the defendant to pay compensation to the plaintiff to make up for the harm. Most federal court cases are civil cases, such as

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equal employment claims, claims for benefits, and suits against companies that may have violated federal antitrust laws. CRIMINAL CASES. In a criminal case, a party (the defendant) is accused of committing a crime an action considered to be harmful to society as a whole, not just to a specific person. Most crimes concern matters that the constitution leaves to the states. Federal criminal laws, for example, deal with robbing banks, importing drugs illegally into the country, or using the U.S. mail to swindle consumers. In our next unit we shall discuss about bringing a case, even if it is civil or criminal, in federal court. Corectai greelile din propoziiile de mai jos: 1. The American Supreme Court consists of a chief justice and nine associate justices. .. 2. The Supreme Court judges, who are appointed by the president and approved by the Senate, can be removed from the office by an ordinary procedure. .. 3. Most federal court cases are criminal cases. ... S ne reamintim n Statele Unite ale Americii exist o Curte Suprem de Justiie, 13 curi de apel, 94 de curi de district i dou curi cu jurisdicie special. Curtea Suprem are 9 judectori (Preedintele Curii Supreme i 8 judectori asociai), numii de Preedinte i aprobai de Senat, care nu pot fi demii din funcie dect prin procedura de impeachment. Numrul judectorilor din Curtea Suprem de Justiie este stabilit de Senat. 5.3. Rezumat Sistemul judiciar din SUA are trei grade de jurisdicie. La baza acestuia se afl tribunalele de prim instan, urmate de curi de apel i curtea suprem. n SUA, numrul judectorilor federali este de 1 500. Acetia sunt numii de preedinte i aprobai de Senat i se bucur de inamovibilitate (life tenure). Anual, intanele federale judec aproximativ un milion de cazuri (majoritatea fiind cazuri de bancrut). n SUA, numrul judectorilor din tribunalele statale este de 30 000. Aceti judectori dein un mandat de 10 ani. Sistemul judiciar federal este structurat pe trei niveluri: - curile de district (n cadrul crora se judec att cauze civile, comerciale, administrative, ct i penale), - curile federale de apel, ale cror hotrri nu pot fi atacate dect la Curtea Suprem de Justiie a SUA, - Curtea Suprem de Justiie a SUA (compus din preedinte i 8 judectori asociai).

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5.4. Tem de evaluare: I. Answer the following questions:


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1. What is the structure of the judiciary in the USA? 2. Which is the highest court of the United States? 3. How many Supreme Courts judges are there in the U.S. and by whom are they appointed? 4. Which are the two kinds of courts in the US? 5. How long do federal judges hold office? 6. What cases do state judges hear? 7. Which are the types of federal courts? 8. What do district courts hear? 9. When can a person appeal a case? 10. What does a civil case involve? 11. What is the defendant accused of in a criminal case? 12. Give examples of federal criminal laws. II. A contract of employment comes into existence as soon as a job offer is accepted whether that offer is oral or in writing. It is easier for both parties if the offer of employment is in writing to prevent disputes at a later date. Below is an extract from a skeleton contract of employment for a full time employee. Complete the text using the words/phrases listed in the box: commencing salary, date of commencement, duties and responsibilities, grievance, holiday entitlement, position, probationary service, terms and conditions, exhaustive, pension 1. You have been appointed to the position of administrative assistant. 2. Your______ will be as detailed in the attached job description, but this Job Description should not be regarded as exclusive or ________. There will be other occasional duties and requirements associated with your appointment. 3. Your specific ________________ of your continuous service with this company is 1st January 2004. 4. Your specific _____ are contained in the Employees Handbook issued by the company, as well as, in existing collective agreements negotiated by the company. 5. Confirmation of your appointment will be subject to your satisfactory completion of 3 months___________. 6. Your ___________ is 20,000 per annum, paid monthly. Overtime is not payable. 7. Your ________ entitlement is 30 days in any calendar year. 8. Your position with regard to ________ is set out in the explanatory booklet attached. 9. If you have a ____________ relating to your employment, you should refer to the complaints procedure outlined in the booklet attached.

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5.5. Tem de autoevaluare I. Fill in the blanks with the missing words: disputants, conciliation, employment conditions, settlement, employers, arbitrators, arbitration, providing, legislation, ensuring, associations, employees, negotiating (X2), demanding 1. Britains trade unions are voluntary ____ of ___ to protect their interests. 2. They do this by ______ wages and other terms of employment with _____ organizations but also by ______ and influencing _______ and by _______ certain benefits. 3. As regards the _____ of disputes, the _____ may call in independent conciliators or ____________, either by some special ________ or by asking the Secretary of State for ________ some help. 4. The role of the State is limited to providing a __________ and _________ service and to __________ minimum wages for employees. II. Use the following words and phrases in sentences of your own: 1. to appeal 2. to be removed from the office 3. to be impeached 4. bankruptcy filings 5. robberies 5.6. Tem de control: Translate the following text into Romanian: Mapp vs. Ohio case (1961) Suspicious that Dollree Mapp might be hiding a person suspected in a bombing, the police went to her home in Cleveland, Ohio. They knocked on her door and demanded entrance, but Mapp refused to let them in because they did not have a warrant. After observing her house for several hours, the police forced their way into Mapp's house, holding up a piece of paper when Mapp demanded to see their search warrant. As a result of their search, the police found a trunk containing pornographic materials. They arrested Mapp and charged her with violating an Ohio law against the possession of obscene materials. At the trial the police officers did not show Mapp and her attorney the alleged search warrant or explain why they refused to do so. Nevertheless, the court found Mapp guilty and sentenced her to jail. After losing an appeal to the Ohio Supreme Court, Mapp took her case to the U.S. Supreme Court. The Court determined that evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts.
(the text is a summary of the Mapp vs. Ohio Case, 1961, as presented by http://www.streetlaw.org//en/Case.7.aspx)

6. traffic violations 7. broken contracts 8. family disputes 9. to apply the law correctly 10. the plaintiff/ the defendant.

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5.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004. http://constitutionus.com/ http://www.streetlaw.org//en/Case.7.aspx 5.8. Rspunsuri la testul de autoevaluare I. 1. associations, employees; 2. negotiating, employers, negotiating, employment conditions, demanding; 3. settlement, disputants, arbitrators, arbitration, providing; 4. - legislation, conciliation, ensuring. II. (possible examples) 1. to appeal 2. to be removed from the office 3. to be impeached 4. bankruptcy filings 5. robberies 6. traffic violations 7. broken contracts 8. family disputes 9. to apply the law correctly 10. the plaintiff/ the defendant. 1. He appealed against the decision passed by the court of first instance. 2. The judge will be removed from office if he is found guilty of corruption. 3. The high official will be impeached if the Senate votes for this procedure to be implemented. 4. Bankruptcy filings are frequently judged in federal courts. 5. In the USA, criminals accused of three robberies may spend all their life in prison according to the three strikes law. 6. Traffic violations can be reduced only if the law is applied correctly and sanctions are significantly increased. 7. Broken contracts can lead to a lot of problems if large sums of money are involved in their fulfilment. 8. Family disputes are basically settled in courts of first instance. 9. Any judge is bound to apply the law correclty no matter who is judged and what for. 10. The main participants in a civil case are the plaintiff and the defendant.

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UNIT 6: THE CONDITIONAL SENTENCES

6.1. Introducere n limba englez putem vorbi despre condiionale de tip 0, de tipul 1, 2 i 3. Condiionala de tipul 0 mai este cunoscut i sub numele de condiionala fals, ntruct aceasta nu exprim o condiie de care depinde realizarea aciunii din principal, ci este mai mult o constatare a unei realiti date. n schimb, aa cum vom vedea n aceast unitate de nvare, condiionalele de tipul 1, 2 i 3 exprim condiii reale/imaginare, prezente/viitoare/trecute, de care depinde realizarea aciunii din propoziia principal. Dup parcurgerea acestei uniti de nvare, vei dobndi noiuni de baz privind privind folosirea corect a timpurilor n propoziiile condiionale i n principalele acestora. 6.2.Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s enumere tipurile de condiionale existente n limba englez, semnalnd diferenele existente ntre englez i romn (insistnd asupra traducerii lor corecte n romn) s foloseasc n mod corect timpurile n propoziia principal i n secundara de condiie s foloseasc n mod corect formele de condiional mixt. Durata medie de parcurgere acestei uniti de nvare este de 120 de minute.

CONINUTUL UNITII DE NVARE Conditional sentences have two parts: the main clause and the if clause. The if- clause may be also introduced by even if (chiar dac), whether, unless (dac nu), otherwise (altfel), provided (that) (cu condiia ca), supposing/suppose (presupunnd c), in case (n cazul c), if only (numai dac). There are three kinds of conditional sentences. Each kind contains a different pair of tenses. Main clause TYPE 1 Future Tense Present Tense He will get there in time Va ajunge acolo la timp
If

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Subordinate clause

if

Present Tense he catches the bus. va prinde autobuzul.

dac

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You can translate this article Poi traduce acest articol TYPE 2 Present Conditional Tense Would + infinitive (could, might) I would tell the police A spune la poliie You could translate this article Ai putea traduce acest articol dac I would go to that party A merge la acea petrecere dac

if

you know English well. ti engleza bine.

dac

Past Tense To be = were


if

someone tried to blackmail me. cineva m-ar antaja. you knew English well. ai ti engleza bine.

dac
if

if

I were you. a fi n locul tu.

TYPE 3 Past Conditional Tense Would + have + past participle I would have gone there A fi mers acolo He could have got a job Ar fi obinut o slujb Some other examples:

if

Past Perfect Tense had + past participle you had come with me. ai fi venit cu mine. he had had a diploma. ar fi avut o diplom.

dac
if

dac

Unless + affirmative verbs I. Unless you start at once youll be late (Dac nu pleci imediat, vei ntrzia). Otherwise II. We must be back before midnight ; otherwise well be locked out (Trebuie s ne ntoarcem pn la miezul nopii; altminteri vom rmne pe afar). Provided (that) III. You can camp here provided you leave no mess (Putei campa aici cu condiia s nu lsai murdar). In case IV. Ill come tomorrow in case Ann wants me (Voi veni mine dac Ann va vrea). If only a) if only + present tense (expresses hope) V. If only he comes in time (Dac ar veni la timp). b) if only + past/past perfect (expresses regret)
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VI. If only he didnt smoke! (Dac n-ar mai fuma, ar fi foarte bine). Whether..or VII. You must go tomorrow whether you are ready or not (Trebuie s vii mine chiar dac eti gata sau nu). If + were and inversion of subject and auxiliary If I were you, I wouldnt wait a bit (Dac a fi n locul tu, n-a atepta de loc). Were I Tom, I would refuse (Dac a fi n locul lui Tom, a refuza). Corectai greelile din propoziiile de mai jos: 1. The driver had not paid this huge fine if he had complied with the traffic rules. .. 2. The Supreme Court judges would have been removed from office if he has been found guilty of traffic pending. .. 3. The drug dealer stayed longer in prison unless he had cooperated with the police. ... S ne reamintim n limba englez, exist trei tipuri de subordonate condiionale, la care se adaug i subordonata condiional de tip 0, care, de fapt, exprim o condiie fals. Este vorba de situaiile n care vorbitorul exprim un enun pe care l consider un adevr general valabil: If a policeman notices that you excced the speed limit, you pay a fine. Condiionala de tip 0 se recunoate uor att dac inem cont de faptul c ea exprim un adevr general valabil despre o persoan/societate, ct i de faptul c ea permite substituirea conjunciei subordonatoare if cu whenever: If/whenever a policeman notices that you excced the speed limit, you pay a fine. Condiionalele de tipul I, II i III pot fi nelese uor dac vorbitorul de limba romn este atent la faptul c fiecare din aceste condiionale reprezint o condiie real (prezent/din viitorul apropiat) sau imaginar (din prezent/viitorul apropiat condiionalul II sau din trecut condiionalul III).

6.3. Rezumat Condiionalul I exprim o condiie real, prezent/viitoare: I. If I study, I will pass the exam. (dac studiez, voi trece examenul) ATENIE LA TIMPURILE FOLOSITE N SECUNDAR I PRINCIPAL!

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II. Condiionalul II exprim o condiie imaginar, prezent sau viitoare: If I had a Polish nationality, I could/would vote in Poland. (dac a avea cetenie polonez, a putea vota/a vota n Polonia) ATENIE LA TIMPURILE FOLOSITE N SECUNDAR I PRINCIPAL! III. Condiionalul III exprim o condiie imaginar din trecut: If I had been there yesterday, I would have been on your side. (dac a fi fost ieri acolo, a fi fost de partea ta) ATENIE LA TIMPURILE FOLOSITE N SECUNDAR I PRINCIPAL! 6.4. Tem propus pentru evaluare: Type 1
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I. Put the verbs in brackets into the correct tenses: 1. If I see him I (give) him a lift. 2. If I find your passport I (telephone) you at once. 3. If he (read) in bad light he will ruin his eyes. 4. Someone (steal) your car if you leave it unlocked. 5. She will be absolutely furious if she (hear) about this. 6. If he (go) on telling lies nobody will believe a word he says. 7. Unless I have a quiet room I (not to be able) to do any work. 8. Unless you are more careful you (have) an accident. 9. If he (like) the house, will he buy it? 10. Unless he (sell) more he wont get much commission. Type 2 II. Put the verbs in brackets into the correct tenses: 1. If I (know) his address Id give it to you. 2. I shouldnt drink wine if I (be) you. 3. More tourists would come to this county if it (have) a better climate. 4. What would you do if you (find) a burglar in your house? 5. If he knew that it was dangerous he (not come). 6. I (be) ruined if I bought her everything she asked for. 7. Id go and see him more often if he (live) on a bus route. 8. If you (paint) the walls white the room would be much brighter. 9. He might get fat if he (stop) smoking. 10. If I were sent to prison you (visit) me? Type 3 III. Put the verbs in brackets into the correct tenses: 1. If I (know) that you were coming Id have baked a cake. 2. If I (realize) what a bad driver you were I wouldnt have come with you. 3. If I (try) again I think that I would have succeeded.

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4. If she had listened to my directions she (not turn) down the wrong street. 5. If you had told me that he never paid his debts I (not lend) him the money. 6. If he had asked you, you (accept)? 7. I wouldnt have believed it if I (not see) it with my own eyes. 8. If I had realized that the traffic lights were red I (stop). 9. If you (speak) more slowly he might have understood you. 10. She had a headache; otherwise she (come) with us. 6.5. Tem propus pentru autoevaluare: I. Mixed types Finish these sentences, taking care to use the correct tenses 1. If he had taken my advice, now he ____________ 2. We would send for the doctor if _________ 3. If we leave before breakfast, we might _________ 4. He would lend it to you if you ___________ 5. If you had asked permission, now you _________ 6. Her life might be saved if she _____ 7. If Tom rings while Im out, would you __________? 8. If she had practiced more, she _______________ 9. Unless you study hard, how ______________ 10. Id wear a warm coat now if _________. II. Put the verbs in the brackets in the right tense: 1. If I .. (be) more experienced, I'd help you with this case. 2. If we'd seen the author of the crime, we (testify) now. 3. If we (meet) him tomorrow, we'll talk to him about the new clue we have in this difficult case. 4. He would have been found guilty if the lawyer (not find) the discriminating evidence. 5. If you make this statement, you (make) a lot of enemies. 6. If I hadn't studied, I (not have a chance) to pass the exam. 7. I wouldn't go to the university by bus if I (have) a driving license. 8. I (not go) to London unless I get a cheap flight. 9. We'd be stupid if we (inform) him about our secret. 10. The court clerk wouldnt have been able to write down all the words uttered by the offender if the latter (not be ask) to speak louder and more slowly. 6.6. Tem de control: Translate into English paying attention to the rules of if-clauses: 1. Nimeni nu va ti niciodat dac acesta este sau nu adevrul. 2. Chiar dac era ora 10 a.m., John dormea nc n ciuda zgomotului din strad. 3. Dac l-a fi vzut n timpul ederii sale aici, ar fi fost o ocazie bun s-i amintesc de promisiunea pe care a fcut-o cndva. 4. S-a schimbat att de mult n ultimul timp nct nu l-a fi recunoscut dac nu

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mi-ai fi spus tu cine este. 5. Sunt sigur c nu s-ar fi dat jos din pat dac ar fi fost att de bolnav. 6. Dac ar fi vorba de oricine altcineva a fi de acord cu tine, dar dup cum tii, de la Tom te poi atepta la orice. 7. Dac nu vei putea s m gseti la birou, ncearc s telefonezi ctre prnz la numrul acesta. 8. A vrea s te interesezi la Facultate dac va mai avea loc un examen de admitere n toamn; m-am hotrt s ncerc dar nu tiu dac nu este prea trziu. 9. Chiar dac va veni la ntlnirea de mine, eu cred c va fi prea trziu. 10. Crezi c va vorbi cu mine cteva minute dac va veni la var n Romnia? Ar fi foarte folositor pentru lucrarea mea. 6.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Vianu, Lidia, English with a Key, Ed. Teora, 1996 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 2003 6.8. Rspunsuri la testul de autoevaluare I. 1. If he had taken my advice, now he would not be in this situation. 2. We would send for the doctor if you had hurt yourself badly. 3. If we leave before breakfast, we might arrive in time. 4. He would lend it to you if you had asked him politely. 5. If you had asked permission, now you could leave. 6. Her life might be saved if she had not had such a terrible accident. 7. If Tom rings while Im out, would you inform him that I return in an hour? 8. If she had practiced more, she would play better now. 9. Unless you study hard, how could you pass the exam for the National Institute of Magistracy? 10. Id wear a warm coat now if I had been told that it is so cold here. II. 1. If I was/were more experienced, I'd help you with this case. 2. If we'd seen the author of the crime, we would testify now. 3. If we meet him tomorrow, we'll talk to him about the new clue we have in this difficult case. 4. He would have been found guilty if the lawyer had not found the discriminating evidence. 5. If you make this statement, you will have a lot of enemies. 6. If I hadn't studied, I would not have a chance to pass the exam. 7. I wouldn't go to the university by bus if I had a driving license. 8. I wont go to London unless I get a cheap flight. 9. We'd be stupid if we informed him about our secret. 10. The court clerk wouldnt have been able to write down all the words uttered by the offender if the latter had not been asked to speak louder and more slowly.

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UNIT 7: THE TRIAL IN THE UNITED STATES

7.1. Introducere Dup parcurgerea acestei uniti de nvare, studenii vor dobndi un set de termeni juridici de baz, cu ajutorul crora acetia vor putea enumera i descrie participanii la un proces n SUA. Studenii romni nscrii la facultatea de drept vor remarca faptul c, spre deosebire de sistemul judiciar din Romnia, n SUA procesele penale (cu precdere) i civile sunt judecate n prezena juriului, al crui verdict este hotrtor n ceea ce privete rostirea sentinei de ctre judector. 7.2.Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s enumere participanii la proces s foloseasc n mod corect oral i n scris termenii noi studiai n acest capitol s explice atribuiile care i revin judectorului n instana de judecat s precizeze rolul i componena juriului n SUA. Durata medie de parcurgere acestei uniti de nvare este de 120 de minute.

CONINUTUL UNITII DE NVARE Although there is an absolute right to trial in both civil and criminal cases, trials are often enough expensive, and a person may not wish to exercise the right to trial. If the court grants a summary judgment to either party or decides to dismiss the case, no trial is held. Thus, over 90% all civil cases never come to trial and about 80% of criminal defendants plead guilty and are sentenced without trial. THE JURY For federal criminal cases there are 12 jurors but for federal civil cases the number varies between 6 and 12. Before each trial, prospective jurors are asked questions to help the judge and lawyers determine whether the jurors can be impartial in deciding the particular case. The lawyers have the right to reject a certain number of jurors without giving any justification. THE JUDGE Federal appellate judges and district judges are appointed by the President with the approval of the Senate. They can be removed only by Congress through a process called impeachment.

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Bankruptcy judges and magistrates judges assist the district judges. They do not have life tenure, but serve for an appointed term. Role of judge and jury. If the parties choose a jury trial, the jury must determine the facts over which parties disagree. If the parties leave it to the judge, the trial is called bench trial. In either kind of trial, the judge decides what legal standards apply and whether the evidence is illegal or improper. The judge also conducts the proceedings and sees that the order is maintained. THE LAWYERS In criminal cases, the lawyer who prosecutes the claim is the U.S. attorney (or an assistant). The attorney is selected by the President, with the approval of the Senate. The judge appoints lawyers to represent criminal defendant who cannot afford to hire a lawyer. The parties Defendants in criminal cases have a constitutional right to be present. Parties in civil cases may be present if they wish. The witnesses Witnesses are individuals who testify under oath about the facts in dispute. They are often referred to as plaintiffs witnesses or defense witnesses. In a criminal case, the defendant can be convicted if the jury or judge believes that the government has proven guilt beyond any reasonable doubt. A jury verdict must be unanimous. In civil cases, the jury or the judge decides for the plaintiff if a preponderance of the evidence shows that the defendant failed to perform a legal duty. Sentencing The judge sets a date for sentencing hearing for criminal defendants who plead guilty or are found guilty. Before the sentencing hearing, a federal probation officer prepares a report to help the judge determine the proper sentence. Corectai greelile din propoziiile de mai jos: 1. Parties in civil cases are bound to be present in court while the case they are involved in is tried. .. 2. In a bench trial, the verdict is passed by the jury. ............................. 3. In the USA the number of jurors is the same in both civil and criminal cases. ... S ne reamintim n SUA, spre deosebire de ara noastr, la proces iau parte nu doar judectorul, procurorul, avocatul aprrii, avocatul acuzrii i martorii, ci i juriul (juraii),

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care sunt prezeni mai ales cnd sunt judecate cauze penale. n SUA, numrul jurailor variaz n funcie de cauza judecat n instan. ntr-un proces penal, numrul jurailor este de 12. ntr-un proces civil, numrul acestora variaz ntre 6 i 12.

7.3. Rezumat Terminologia juridic din textul inclus n aceast unitate de nvare include, cu siguran, termeni noi, dificil, uneori, de tradus de studentul romn nscris la facultatea de drept. Ne referim n special la urmtorii termeni: - magistrate judges judectori ai instanelor inferioare (Magistrates Courts) - district judges judectori ai curilor de district - federal appellate judges judectori ai curii de apel. n privina traducerii termenului bankruptcy judge recomandm varianta judector-sindic. n privina traducerii termenului probation officer recomandm varianta ofier de probaiune. Reamintim studenilor s nu confunde terminologia folosit pentru a desemna prile implicate ntr-un proces civil (plaintiff reclamantul i defendant prtul), respectiv ntr-un proces penal (prosecutor procurorul i defendant acuzatul). Ne reamintim din anul I faptul c, ntr-un proces de divor, terminologia se modific: petitioner (reclamantul) i respondent (prtul). 7.4. Tem propus pentru evaluare: I. Answer the following questions: 1. Is there any right to trial in both civil and criminal cases in the U.S.? 2. How many of the civil and criminal cases never come to trial? 3. How many jurors are there in the jury for criminal and civil cases? 4. What is the task of a judge in a trial? 5. What do they mean by jury trial and bench trial? 6. How are the lawyers called in the U.S.? 7. Who are the witnesses and what do they do? 8. When can a defendant be convicted in a criminal case? 9. What does the jury or the judge decide in a civil case? 10. What does the federal probation officer prepare before sentencing? II. Find the English words in the article that correspond to the Romanian words below: a. a fi eliberat condiionat b. h.persoane eliberate condiionat c. reducerea pedepsei d. nchisoare pe via e. a ispi o pedeaps f. j. pedeapsa cu nchisoare g. pedeaps h. k. pedeapsa cu moartea

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i. j. k. l. m.

nchisori de maxim securitate l. inut n arest preventiv pedeapsa cea mai grea m. cnd se d pedeapsa cea mai grea arip a nchisorii pentru cei aflai n arest preventiv

The most serious form of punishment, besides capital punishment, is a prison sentence. When such a sentence is handed down, the judge must sign a committal warrant before the defendant is taken to prison to serve his or her sentence. Habitual offenders are sent to maximum-security prisons and the heaviest sentence they can get is life imprisonment. A prisoner may not serve his or her full sentence and may be granted a remission of sentence for good behavior in jail. Prisoners having served one third of their sentence may be released on parole. They are then called parolees. Of course, prisoners may also be offenders who have been remanded in custody waiting for trial. They are usually kept in the remand wing of a prison. 7.5. Tem propus pentru autoevaluare: I. Put the following steps in the civil proceedings into their logical order 1. The trial is opened by the plaintiffs counsel 2. Each counsel makes a closing address 3. A copy of the writ is issued and served by sending it to the usual address of the defendant 4. The plaintiffs counsel calls his/her witnesses 5. The judge gives judgment and awards costs and damages 6. The plaintiff obtain a writ of summons 7. The plaintiffs witnesses are cross-examined by the defence. 8. The defendant decides to contest the claim 9. The plaintiff endorses the nature of his claim against the defendant on the writ (statement of claim) 10. The defendants counsel proceeds in the same way. II. Below are some typical legal phrases. What preposition do you use with the following phrases? 1. To accuse someone _____ something 2. To be liable ______ something 3. To sentence someone ____ a punishment 4. To claim damages ____ something 5. To be entitled ____ compensation 6. To bring a case _____ someone 7. To be guilty ____ an offence 8. To fine someone ____ something Make-up sentences of your own with the above given phrases.

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7.6. Tem de control: Translate the following text into Romanian: Amendment VI in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense.
(The Bill of Rights, Constitution of the United States)

7.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004. http://www.ratical.com/co-globalize/BillOfRights.html 7.8. Rspunsuri la testul de autoevaluare I. 6. The plaintiff obtains a writ of summons. 9. The plaintiff endorses the nature of his claim against the defendant on the writ (statement of claim). 3. A copy of the writ is issued and served by sending it to the usual address of the defendant. 8. The defendant decides to contest the claim. 1. The trial is opened by the plaintiffs counsel. 4. The plaintiffs counsel calls his/her witnesses. 7. The plaintiffs witnesses are cross-examined by the defense. 10. The defendants counsel proceeds in the same way. 2. Each counsel makes a closing address. 5. The judge gives judgment and awards costs and damages. II. 1. To accuse someone of something 2. To be liable for something 3. To sentence someone to a punishment 4. To claim damages for something 5. To be entitled to compensation 6. To bring a case against someone 7. To be guilty of an offence 8. To fine someone for something.

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UNIT 8: THE PASSIVE VOICE

8.1.Introducere Dup parcurgerea acestei uniti de nvare, studenii vor recapitula/dobndi cunotinele necesare pentru a folosi corect diateza pasiv n limba englez. Pentru a evita comiterea greelilor frecvente de transformare de la diateza activ la cea pasiv, recomandm vorbitorilor de limba romn s acorde o atenie deosebit aspectului verbal folosit (simplu, continuu sau perfect). 8.2.Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s foloseasc n mod corect diateza pasiv n limba englez, semnalnd asemnrile i diferenele existente ntre englez i romn s identifice formele speciale ale diatezei pasive din limba englez n funcie de aspectele timpurilor folosite (simplu, perfect sau continuu). Durata medie de parcurgere acestei uniti de nvare este de 120 de minute.

CONINUTUL UNITII DE NVARE FORM verb The verb to be in Present/Past/Future Tense + past participle of the

The subject of the active verb becomes the agent of the passive verb. The agent is very often not mentioned. When it is mentioned it is preceded by BY and placed at the end of the clause: E.g. This judgment was delivered by Judge George Smith. Present Tense Simple: I am seen You are seen He, she is seen etc. I am being seen You are being seen He, she is being seen etc. I have been seen

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Present Tense Continuous

Present Perfect Tense:

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You have been seen She, he has been seen etc. Past Tense Simple: I was seen You were seen He, she was seenetc I was being seen You were being seen He, she was being seen etc. I had been seen You had been seen .etc I shall be seen You will be seen He, she will be seen etc. I will have been seen You will have been seen He, she will have been seen etc. I would be seen You would be seen He, she would be seen etc I, you, he would have been seen etc.

Past Tense Continuous

Past Perfect Tense:

Future Tense Simple:

Future Perfect:

Present Conditional:

Perfect Conditional:

In colloquial speech get is sometimes used instead of be: E.g. The windows got (were) broken. In sentences containing a direct and an indirect object, we could have two passive forms: E.g. Somebody gave her some flowers. She was given some flowers. Some flowers were given to her.

Uses of the passive The passive is used when it is not necessary to mention the doer of the action: o E.g. The rubbish hasnt been collected. o Your hand will be X-rayed. It is also used when the subject of the active verb would be people: o E.g. He is suspected of receiving stolen goods (People suspect him of ) o They are supposed to be living in New York (People suppose that ) When we are more interested in the action than the person who does it: o E.g. A new public library is being built (by our local council) o The house next door has been bought (by a Mr. Jones). The passive may be used to avoid awkward or ungrammatical sentence. This is usually done by avoiding a change of subject:

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o E.g. When he arrived home a detective arrested him. Would be better expressed: o When he arrived home he was arrested (by a detective). Prepositions with passive verbs When a verb + preposition + object combination is put into the passive, the preposition will remain immediately after the verb: e.g. We must write to him They threw away the old newspapers He looked after the children well He must be written to. The old newspapers were thrown away. The children were looked after.

Corectai greelile din propoziiile de mai jos: 1. Recently a large number of cases have solved by the first instance courts. .. 2. So far many students are asked to hand in the test papers because they did not comply with the examination rules mentioned at the beginning of the semestrial test. ............................. 3. At the moment the bankruptcy file is analyzed by the specialists. ... S ne reamintim n limba englez, diateza pasiv se construiete cu ajutorul verbului to be i participiul verbului de conjugat. Studenii trebuie s fie ateni, atunci cnd efectueaz transformarea de la diateza activ la cea pasiv, s pstreze ntocmai aspectul verbului din exemplele date. 7.3. Rezumat TENSE Prez. simplu Trecut simplu Viitor simplu ACTIVE PASSIVE

The judge hears the The witness is heard. witness. The judge heard the The witness was heard. witness. The judge will hear the The witness will be heard. wi ness. They are analysing the The evidence is being evidence. analysed. They were analysing the The evidence was being evidence. analysed. We have cross-examined The witness has been

Prez. continuu Trecut continuu Prezent

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perfect Trecut perfect Viitor perfect Condiional prezent Condiional perfect

the witness. We had cross-examined the witness. We will have crossexamined the witness. I would sign this document on one condition. I would have signed the document on one condition.

cross-exmanied. The witness had been cross-exmanied. The witness will have been cross-exmanied. This document would be signed on one condition. The document would have been signed by me on one condition.

8.4. Tem propus pentru evaluare: I. Put the following into the passive voice. The agent should not be mentioned: 1. We use this room only on special occasions. 2. They are pulling down the old theatre. 3. Someone switched on a light and opened the door. 4. The police asked each of us about his movements on the night of the crime. 5. Someone will serve refreshments. 6. The burglars had cut an enormous hole in the steel door. 7. No one can do anything unless someone gives us more information. 8. The judge gave him two weeks in which to pay the fine. 9. People must not leave bicycles in the hall. 10. The librarian said that they were starting a new system because people were not returning books. II. Turn the following sentences into the active voice. Where no agent is mentioned one must be supplied: e.g. School notice: This door must be kept shut. Students must keep shut this door.

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1. This speed limit is to be introduced gradually. 2. Someone will have to be found to take her place. 3. Your money could be put to good use instead of being left in bank. 4. This scientific theory has now proved to be false. 5. This copy hasnt been read. The pages havent been cut. 6. For a long time the earth was believed to be flat. 7. The stones were thrown by a student who was afterwards led away by the police. 8. This excellent opportunity was taken advantage of immediately. 9. If I am offered this job I shall, of course, accept it. 10. We have not been taught to deal with such problems.

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8.5. Tem propus pentru autoevaluare: I. Use the verbs in brackets in the correct tense: 1. Under these conditions the experiment (not to carry out). 2. Can English (to learn) well in six months? 3. Must this work (to do) at once? 4. Paper that absorbs ink (to call) blotting paper. 5. The atomic structure (to study) since the end of the last century. 6. Paintings from many countries (to show) in a special exhibition next month. 7. Many houses in our town (to be demolished) this year. 8. The new design (to be looked into) by an expert. 9. During the fair many foreigners can (to see) in our town. 10. A number of books (to publish) on this subject in the last few years. II. Answer the questions using a Passive form of the verbs in brackets, together with a suitable adverbial particle (off, on, in, out, up, down etc): Example: What generally happens to houses that are unfit to live in? (pull) They are generally pulled down.

1. What should happen if mistakes appear in a students work? (point) 2. What must be done with a bad tooth? (pull) 3. What might happen if you crossed a busy road without looking? (knock) 4. What has to be done with dirty dishes and cutlery at the end of a meal? (wash) 5. What would happen to a lighted candle if there were a sudden gust of wind? (blow) 6. What often happens to negotiations that looked like being unsuccessful? (break) 7. What must be done if a plan or an idea proves unworkable? (give) 8. A notice has disappeared from a notice board. What must have happened? (take) 9. I dropped a coin in the street, and cant find it. What could have happened to it? (pick) 10. What may happen to a man who has committed his first offence? (let) 8.6. Tem de control: Translate into English: 1. Ni s-au spus multe lucruri interesante n legtur cu acest subiect. 2. Ni se vor da amnunte mai trziu. 3. Li s-a cerut s fie punctuali. 4. Ne vor comunica rezultatele pn mine. 5. Au fost ntmpinai cu entuziasm. 6. Li s-a spus s atepte profesorul n clas. 7. Crile ne-au fost trimise prin pot. 8. Au fost sftuii s viziteze oraul. 9. Turitilor le-au fost artate monumentele istorice mai importante din capital. 10. S-a constatat c toate condiiile au fost ndeplinite.

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8.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Vianu, Lidia, English with a Key, Ed. Teora, 1996 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 2003 8.8. Rspunsuri la testul de autoevaluare I. 1. Under these conditions the experiment will not be carried out. 2. Can English be learned well in six months? 3. Must this work be done at once? 4. Paper that absorbs ink is called blotting paper. 5. The atomic structure has been studied since the end of the last century. 6. Paintings from many countries are shown in a special exhibition next month. 7. Many houses in our town have been demolished this year. 8. The new design has been looked into by an expert. 9. During the fair many foreigners can be seen in our town. 10. A number of books have been published on this subject in the last few years. II. 1. They should be pointed out. 2. It must be pulled out. 3. You might be knocked over. 4. They have to be washed up. 5. It would be blown out. 6. They are broken off. 7. It must be given up. 8. It must have been taken down. 9. It could have been picked up. 10. He may be let off.

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UNIT 9: OFFENCES AGAINST PERSON (I)

9.1.Introducere Dup parcurgerea acestei uniti, vei putea enumera i defini cteva dintre cele mai importante infraciuni ndreptate mpotriva persoanei, aa cum sunt acestea prevzute de legislaia american n vigoare. Totodat, unitatea de nvare nr. 9 ncurajeaz studentul s consulte i Codul Penal Romn tradus n limba englez, pentru a-i nsui ct mai muli termeni de specialitate i pentru a observa modul diferit n care infraciunile la care se face referire n unitatea de nvare nr. 9 (definite conform legislaiei americane) sunt ncadrate de Codul Penal Romn. 9.2.Obiectivele/competenele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s enumere cteva dintre cele mai importate infraciuni ndreptate mpotriva persoanei s defineasc infraciunile enumerate n aceast unitate de nvare s dobndeasc un numr important de termeni juridici/expresii juridice, folosite n traducerea din romn n englez a articolelor referitoare la infraciunile ndreptate mpotriva persoanei, conform prevederilor Codului Penal Romn. Durata medie de parcurgere acestei uniti de nvare este de 120 de minute.

CONINUTUL UNITII DE NVARE According to the American Criminal Law, the main offences against person are:
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I. II. III. IV. V. VI. VII.

HOMICIDE INFANTICIDE RAPE AND OTHER SEXUAL OFFENCES UNNATURAL OFFENCES INDECENCY PROSTITUTION ASSAULTS AND WOUNDINGS

I. HOMICIDE Means the killing of a human being. It may be culpable or non-culpable (lawful or unlawful) or excusable. It depends on the circumstances in which the act of homicide takes place.

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1. Culpable homicide can be: a. Murder means the unlawful killing of a person by another. Murder is committed when the killer acts with malice aforethought. The punishment for murder is life imprisonment. b. Manslaughter is the unlawful killing of a human being without malice aforethought. It may be voluntary (death results from an assault made under provocation) or involuntary (death results from an accident or from an unlawful act). c. Causing death by dangerous driving. d. Causing death by careless driving. e. Causing death by aggravated taking of mechanically vehicle. 2. Non culpable homicide a. Justifiable: The lawful action of a criminal or a killing person who results or prevents a constable in the execution of his duty. b. Excusable: like accidents, reasonable self-defence in a sudden conflict. 3. Genocide: is a deliberate destruction of a national racial, religious or ethnic group defined by exterminators as undesirable. 4. Aiding and abetting suicide: is an arrestable offence for a person to aid, abet or counsel for suicide. 5. Child destruction: when a person with intention destroys the life of a child capable to be born alive, punishable with life imprisonment. 6. Abortion: the premature expulsion of the child before his birth. II. INFANTICIDE appears when a woman, by any willful act or omission, causes the death of her child. III. RAPE AND OTHER SEXUAL OFFENCES ARE: a. Unlawful sexual intercourse: when a man has sexual intercourse with a woman who is under the age of 16, mentally defected or a blood relative. b. Rape: is an arrestable offence for a man to rape. The punishment for such an offence is life imprisonment. c. Defilement: when a man has unlawful sexual intercourse with a girl under 13. d. Seduction or prostitution: when a person having custody or care of a girl under 16 years old causes and encourages her seduction or prostitution. He shall be punished with two years imprisonment.

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e. Incest: appears when a man has sexual intercourse with a woman whom he knows to be his daughter, granddaughter or mother; or when a girl of 16 allows a man she knows to be her grandfather, father, brother or son to have sexual intercourse. Stepbrothers and sisters are not blood relations. (The information in this unit is completed in UNIT XI) Corectai greelile din propoziiile de mai jos: 1. Infanticide refers to the defilement of a child. .. 2. Manslaughter is similar to first degree murder. ............................. 3. Abortion is permitted in all states and it is now regarded as a religiously and politically settled matter. ... S ne reamintim Aceast unitate de nvare ne ofer cteva informaii cu caracter general despre o parte din infraciunile ndreptate mpotriva persoanei, aa cum sunt acestea definite de legea penal american: HOMICIDE, INFANTICIDE, RAPE AND OTHER SEXUAL OFFENCES, UNNATURAL OFFENCES, INDECENCY, PROSTITUTION, ASSAULTS AND WOUNDINGS.

9.3. Rezumat n aceast unitate de nvare, studentul trebuie s i nsueasc n mod corect terminologia de specialitate n limba englez, pentru a putea defini o cteva dintre infraciunile ndreptate mpotriva persoanei. Textul unitii de nvare face referire la urmtoarele infraciuni: HOMICIDE (omorul), INFANTICIDE (pruncuciderea), RAPE AND OTHER SEXUAL OFFENCES (violul i alte infraciuni referitoare la viaa sexual), UNNATURAL OFFENCES (perversiuni sexuale), INDECENCY (exhibitionismul, publicarea de materiale obscene), PROSTITUTION (prostituia), ASSAULTS AND WOUNDINGS (lovirile i rnirile). 9.4. Tem propus pentru evaluare: I. Answer the following questions:

1. What is the meaning of homicide? 2. How many types of homicide do you know? 3. When is a murder committed? 4. What do you mean by manslaughter?

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5. What is the meaning of genocide? 6. What do you understand by infanticide? 7. What is the difference between rape and defilement? 8. Is incest ever permitted? II. Match the crime on the left with its definition on the right: 1. arson 2. assault and battery 3. petty theft 4. burglary 5. gross indecency 6. rape 7. manslaughter 8. hijacking 9. smuggling 10. bribery A. Using force or threatening force to take control of an aircraft during flight B. Taking people or things illegally into a country or place C. An illegal sexual act that falls short of sexual intercourse D. Intentional damage to property by setting fire to it E. Sexual intercourse with another person without his or her consent F. An attempt to influence an official by offering him or her some kind of reward G. Stealing objects of little value H. Entering a place of habitation with the intention of stealing I. Intentional physical harm inflicted on a person without his or her consent J. Murder that is either unintentional or else has mitigating circumstances.

9.5. Tem propus pentru autoevaluare: I. Match each description of a crime (1-5) to the term by which it is known (A-E) A. assault B. grievous bodily harm C. murder with extenuating circumstances D. shoplifting E. vandalism

1. A woman kills her husband after finding him in compromising circumstances with another woman. 2. A schoolboy smashes a shop window and causes damage in the shop after a football match. 3. A group of young men take an old ladys handbag after threatening her with physical violence. 4. A lady slips a small piece of jewelry into her handbag in a department store. 5. A man attacks another man and injures him so badly that the victim has to undergo an operation.

II. Make the logical correspondence between the following terms: culpable homicide genocide mentally disturbed rape premature expulsion personal violence incest girl under 13

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two years imprisonment abortion daughter defilement excusable 9.6. Tem de control:

infanticide exterminator manslaughter deception seduction

I. Give a real example of genocide and explain in not more than 250 words the characteristics of the group of exterminators, as well as the causes for that genocide. II. Read three articles provided by the Romanian Criminal Law on the offences committed against the person. Translate them.

9.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004 The Romanian Criminal Code http://legislationline.org/download/action/download/id/1695/file/c1cc95d23be999 896581124f9dd8.htm/preview 9.8. Rspunsuri la testul de autoevaluare I. 1. C; 2. E; 3. A; 4. D; 5. B. II. culpable homicide genocide mentally disturbed rape two years imprisonment excusable abortion daughter defilement

infanticide exterminator deception personal violence seduction manslaughter premature expulsion incest girl under 13

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UNIT 10: NOMINATIVE + INFINITIVE AND ITS USES

9.1.Introducere Dup parcurgerea acestei uniti, vei putea folosi n mod corect construciile infinitivale cu acuzativul i nominativul, care sunt extrem de uzuale n limba englez. Buna cunoatere a regulilor de folosire a acestor construcii ne ajut s putem traduce corect n egnelz expresii impersonale (reflexiv-pasive) de tipul: se tie, se crede, se presupune, se zice, se spune etc. Totodat, aceast unitate de nvare presupune recapitularea formelor de infinitiv existente n limba englez, fapt care va ajuta stundentul s poat efectua corect traduceri cu un grad sporit de dificultate. 9.2.Obiectivele/competenele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s foloseasc n corect construciile infinitivale cu nominativul s identifice situaiile de folosire a acestor construcii n vorbirea curent (mai ales dup verbe la pasiv) Durata medie de parcurgere acestei uniti de nvare este de 120 de minute. CONINUTUL UNITII DE NVARE The nominative with the infinitive represents a combination of: a Noun or Pronoun in the Nominative case + an infinitive
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There are no such constructions in Romanian, we generally translate the construction by means of clauses. The nominative with infinitive is a complex subject. Examples: He is known to be a good student. Se tie c este un student bun. He was said to have made an oral confession. Se spunea c ar fi fcut o mrturisire. He is said to be a good doctor. Se spune c este un doctor bun He is said to have won the gold cup. Se spune c ar fi ctigat cupa de aur.

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The construction is used: 1. With the following verbs in the passive voice: verbs expressing perception to hear, to see, to fell, to watch, to notice, to perceive; verbs expressing mental activities to consider, to think, to suppose, to find, to feel, to understand; the verb to say and to report. Mention can be made that most of these verbs are also used in the accusative with infinitive construction. Examples to be compared: I heard him sing (Acc + inf)/He was heard to sing (Nom. + inf) A fost auzit cntnd/ A fost auzit n timp ce cnta. They knew you to be right (Acc+inf) Se tia (de ctre ei) c ai dreptate. You were known to be right (Nom. + inf) Se tia c ai dreptate. I expect you to come (Acc+inf) M atept s vii./Te atept s vii (ton imperativ). You were expected to come (Nom. + inf) Trebuia s vii. 2. With the verbs to seem, to appear, to happen, to prove, to turn out: e.g. I happen to know them. Se ntmpl s-i cunosc/ ntmpltor i cunosc. The boy proved to be very good at mathematics. Biatul se dovedi a fi foarte bun la matematic. The deal turned out to have been a failure. Afacerea s-a dovedit a fi fost un eec. 3. With the word-groups to be likely, to be sure/certain. E.g. He is sure to learn the rule. Va nva regula negreit. They are likely to attend the conference. E probabil ca ei s asiste la conferin/ Dup toate probabilitile, vor asista la conferin. !!! A characteristic feature of the nominative with infinitive is that it may be extended into a clause introduced by IT. E.g. He is known to be a good lawyer. =>> It is known that he is a good lawyer. I happen to remember them. =>> It happened that I remember them. He is likely to be late. =>> It is probable that he will be late.

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Corectai greelile din propoziiile de mai jos: 1. I happen remembering this person. .. 2. Manslaughter is thought not being as serious a crime as murder. ............................. 3. She turned out being the most important witness at the trial. ... S ne reamintim Aceast unitate de nvare prezint o tem important n gramatica limbii engleze: folosirea corect a formelor de infinitiv (scurt, lung, perfect, continuu) dup anumite verbe/prepoziii/n cadrul unor fraze + o form de nominativ/acuzativ. n limba englez, aa cum am spus mai sus, putem vorbi despre mai multe forme de infinitiv: - infinitivul scurt (fr to): commit, prosecute, seize etc. - infinitivul lung (cu particula to): to commit, to prosecute, to seize etc. - infinitivul perfect: to have committed, to have prosecuted, to have seized etc. - infinitivul perfect pasiv: to have been committed, to have been prosecuted, to have been seized etc. - infinitivul continuu: to be committing, to be prosecuting, to be seizing etc. 9.3. Rezumat Construciile infinitivale cu nominativul apar n special dup/pe lng: - o form verbal la diateza pasiv (infinitivul lung) - expresii de tipul: to be likely, to be unlikely, to be sure, to be certain etc. - verbe de tipul: seem, appear, turn out, prove (infinitivul lung). Construciile infinitivale cu acuzativul apar dup: - verbe precum: advise, recommend -verbe de percepie: see, hear, notice etc. - prepoziiile corelative for ... to. 8.4. Tem propus pentru evaluare: I. Transform the following sentences using the nominative with infinitive constructions: Model: a. It seemed that she was worrying a. I asked him to leave a. It seemed that they had come together 1. 2. 3. 4. b. She seemed to be worrying b. He was asked to leave b. They seemed to have come together

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It happened that I knew him. It happened that we had met before. Susan believed her husband to be greatest actor in the world. It chanced that her brother was present.

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5. We determined the man to tell the truth. 6. It is known that water boils at 1000C. 7. The Browns asked Jim to have dinner with them. 8. Why didnt you allow the boy to play in the garden? 9. It was reported that he had found his death two days ago. 10. I persuaded him to come to the pictures with me. II. Make the following sentences into one, using accusative with infinitive: Model: a. I asked him I asked him to bring me the book b. He brought me the book a. George saw his sister George saw his sister open the door b. She opened the door 1. I expected him He came by plane 2. Ralph wanted Barbara Barbara lent Richard her dictionary. 3. We noticed the sky. It turned dark. 4. They prevailed upon the man. He came to the meeting. 5. Did Mr. Thomas persuade him? He went to Bath. 6. I heard the little birds. They sang early in the morning. 7. We saw Mrs. Brown She went out. 8. The boys helped their little brother. He passed over the bridge. 8.5. Tem propus pentru autoevaluare: I. Replace the group of words underlined by an infinitive or an infinitive construction: Model: It is important that he should understand this. It is important for him to understand this. He was the first man who arrived. He was the first man to arrive. 1. 2. 3. 4. 5. 6. 7. 8. 9. I was astonished when I heard that he had left the country. It is necessary that everyone should know the truth. It seems that crime was committed by a left-handed man. It is expected that he will broadcast a statement tonight. It is said that he was a brilliant scientist. It is advisable that we should leave the house separately. It is said that the murderer is hiding in the woods near the house. Is it likely that he will arrive before six? It is said that she has a frightful temper.

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10. They believe that he is honest. 11. It is better that he should hear it from you. 12. The strikers decided that the strike should continue. II. Translate into English 1. Se presupune c el a fost martor la accident. 2. Se tie c houl a furat maina n timpul nopii. 3. S-a raportat c ea este n via. 4. El s-a dovedit a fi un martor mincinos.. 5. Se crede c a intrat n ar ilegal. 6. Se spune c cei doi tineri au jefuit o banc. 7. Se ateapt de la tine s depui mrturie. 8. Se consider de ctre instan c el este vinovat de crim. 9. Sunt sigur c argumentele mele o vor face s se rzgndeasc. 10. L-am sftuit s renune la slujba aceea. 11. Se gndete s participe la acest concurs. 12. Ei au insistat s m duc acolo n seara aceea. 8.6. Put the verbs in brackets into the correct form making any necessary changes: I (sit) in my office the other day when I (tell) that someone (want) (see) me. It was Ana Radulescu, an old friend of mine. My personal assistant (invite) her in and (ask) us what we (want) to drink. After she (bring) us coffee and water she (leave) us alone. When I (ask) Ana how she (be), she (tell) me a rather sad story. She told me that she (have) to close down her business because of financial difficulties and that she look for a job. She (add) that she (be) in such situation because she (not listen) to those who (advise) her to hire a good accountant. If she (not find) a job quickly, she (be) in serious trouble. She (ask) me whether I (can) (do) anything (help) her (find) something interesting. I (assure) her (do) my best and (ask) her (call) me in a few days. 8.7. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Vianu, Lidia, English with a Key, Ed. Teora, 1996 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 2003 8.8. Rspunsuri la testul de autoevaluare I. 1. I was astonished to hear that he had left the country. 2. It is necessary for everyone to know the truth. 3. The crime seems to have been committed by a left-handed man. 4. He is expected to broadcast a statement tonight. 5. He is said to have been a brilliant scientist. 6. It is advisable for us to leave the house separately. 7. The murderer is said to be hiding in the woods near the house.

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8. Is it likely for him to arrive before six? 9. She is said to have a frightful temper. 10. He is believed to be honest. 11. It is better for him to hear it from you. 12. The strikers decided to continue the strike. II. 1. He is supposed to have witnessed the accident. 2. The thief is known to have stolen the car during the night. 3. She is reported to be alive. 4. He proved to be a false witness. 5. She is believed to have entered the country illegally. 6. The two young men are said to have robbed a bank. 7. You are expected to testify. 8. He is thought to be guilty of crime by the court. 9. I am sure that my arguments will make her change her mind. 10. I advised him to give up that job. 11. He is thinking of taking part in that competition. (taking = gerund required by the preposition that precedes it: of) 12. The insisted that I should go there that evening.

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UNIT 11: OFFENCES AGAINST PERSON II

11.1.Introducere Dup parcurgerea acestei uniti, vei putea enumera i defini cteva dintre cele mai importante infraciuni ndreptate mpotriva persoanei, aa cum sunt acestea prevzute de legislaia american n vigoare. Totodat, unitatea de nvare nr. 9 ncurajeaz studentul s consulte i Codul Penal Romn tradus n limba englez, pentru a-i nsui ct mai muli termeni de specialitate i pentru a observa modul diferit n care infraciunile la care se face referire n unitatea de nvare nr. 9 sunt ncadrate de Codul Penal Romn. 11.2.Obiectivele/competentele unitii de nvare Dup studierea acestei uniti, studentul trebuie s fie capabil: s enumere i s defineasc o parte dintre cele mai frecvente tipuri de infraciuni comise mpotriva persoanei, aa cum sunt acestea definite de legea penal american s enumere i s defineasc o parte dintre cele mai frecvente tipuri de infraciuni comise mpotriva persoanei, aa cum sunt acestea definite de Codul Penal Romn. Durata medie de parcurgere acestei uniti de nvare este de 120 de minute.

CONINUTUL UNITII DE NVARE UNNATURAL OFFENCES


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a) Gross indecency appears when a male person commits an act of gross indecency with another male person. It is punishable of two to five years. b) Persistently soliciting in a public place for immoral purposes is also an arrestable offence. c) Homosexual acts are not offences when they are committed in private, with both parties consent, and they have attained the age of 21 years. Any homosexual act committed outside the scope of the above provisions is an offence. INDECENCY a) Indecent language or behaviour is gross outrage on public decency and represents a common law misdemeanour. b) Indecency with children means committing an act of gross indecency with or towards a child under 14 years or determining such a child do such an act with him or any other person.

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c) Abduction means to take away by force or fraud. Here we include abduction of a woman by force or for the sake of her property; abduction of an unmarried girl under the age of 18. PROSTITUTION A prostitute is a person who, for rewards offers his or body for sexual connection. a) Loitering or soliciting for the purpose of prostitution. It is an offence for a common prostitute to loiter or solicit in a street or public place for the purposes of prostitution. The police can arrest without warrant anyone he suspects to be a prostitute in the street or public place. b) Trading in prostitution is an offence of any man living wholly or in part of the earning of prostitution. It is an arrestable offence punishable with seven years of imprisonment.

c) Habitual uses of premises for prostitution. ASSAULTS AND WOUNDINGS a) Assaults are intentional or reckless acts causing another person unlawful personal violence. Justifiable assaults happen under the following circumstances: administrating lawful correction (parents punishing their children); self-defence, defence of a member of the family; defence of property. There are more kinds of assaults: Common assault (beating a person); Aggravated assault (by violence); Assault with intent to resist arrest; Assaults on police.

b) Woundings are of two kinds: Grievous bodily harms are unlawful and malicious woundings; it is an arrestable offence, punished with five years imprisonment; Grievous bodily harms with intent are unlawful and malicious woundings; the penalty is life imprisonment. Corectai greelile din propoziiile de mai jos: 1. Gross indecency is punished with 1 year imprisonment in the USA. .. 2. The police cannot arrest without warrant anyone he suspects to be a prostitute in the street or public place. ............................. 3. Grievous bodily harm is punished with 3 years imprisonment in the USA. .

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S ne reamintim Aceast unitate de nvare ne ofer cteva informaii cu caracter general despre o parte din infraciunile ndreptate mpotriva persoanei, aa cum sunt acestea definite de legea penal american: UNNATURAL OFFENCES, INDECENCY, PROSTITUTION, ASSAULTS AND WOUNDINGS. 11.3. Rezumat n aceast unitate de nvare, studentul trebuie s i nsueasc n mod corect terminologia de specialitate n limba englez, pentru a putea defini o cteva dintre infraciunile ndreptate mpotriva persoanei. Textul unitii de nvare face referire la urmtoarele infraciuni: UNNATURAL OFFENCES (perversiuni sexuale), INDECENCY (exhibitionismul, limbajul obscen, publicarea de materiale obscene), PROSTITUTION (prostituia), ASSAULTS AND WOUNDINGS (lovirile i rnirile). 11.4. Tem propus pentru evaluare: I. Answer the following questions: 1. When does gross indecency appear? 2. Are homosexual acts arrestable offences? 3. What do you mean by abduction? 4. What is a prostitute? 5. What is the punishment for trading in prostitution? 6. What are intention assaults? 7. What do you mean by justifiable assaults? 8. What kinds of assaults do you know? 9. What types of woundings do you know? 10. Give some examples of assaults and woundings. II. A crime is any act or omission (of an act) that violates the law and is punishable by the state. Crimes are considered injurious to society or the community. They include both felonies (more serious offences like murder or rape) and misdemeanours (like petty theft or speeding). A criminal is someone who commits a crime. Below are 12 phrases using the word criminal. Link each phrase to its definition. Phrase 1. Court of Criminal Appeal 2. Criminal contempt 3. Criminal negligence 4. Criminal court Definition a. Barrister or solicitor who specialises in felonies and misdemeanours. b. A person charged with or convicted of crimes against humanity. c. Previous crimes of which an individual has been convicted. d. Rules governing the investigation of crimes, the arrest charging, and trial of accused criminals; and

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5. Criminal law 6. Criminal lawyer 7. Criminal procedure 8. Criminal record

9. Habitual criminal 10. Criminal liability 11. War criminal

the sentencing of those convicted (found guilty or a crime). e. One of the higher courts of law which hears cases sent up for review. f. Disorderly behaviour, disrespect, or obedience of a judges orders, particularly during a trial. g. A person who repeatedly commits offences. h. Where an individual fails to exercise a duty of care and the resulting action leads to the commission of a crime. i. The branch of law which deals with felonies and misdemeanours. k. A court with jurisdiction to hear felonies and misdemeanours. l. Responsibility for committing a crime (excluded persons include minors and insane).

11.5. Tem propus pentru autoevaluare I. Below are 14 crimes. Firstly, link each crime to its definition and then classify each crime as violent (V) or non-violent (NV): Name of crime a. Assault b. Drug dealing c. Money laundering d. Battery e. Homicide f. Manslaughter g. Fraud h. Murder i. Armed robbery j. Sexual assault k. Burglary l. Theft m. Parking n. Speeding Definition of crime 1. A generic term for the killing of another person 2. Any instance in which one party deceives or takes unfair advantage of another 3. Attempt to use illegal force on another person 4. Attempt to use illegal force on another person in the absence of consent to sexual relations 5. Attempt to transform illegally acquired money into apparently legitimate money 6. Driving a vehicle in excess of the permitted limit 7. Leaving ones vehicle in an area or for duration in contravention of the law 8. Possession of and/or trading illegal substances 9. Taking the property of another without right or permission 10. The actual use of illegal force on another person 11. The crime of breaking into a private home with the intention of committing a felony 12. The unlawful killing of a person with intent 13. The unlawful killing of a person without malicious intent and therefore without premeditation 14. The unlawful taking of anothers property using a dangerous weapon.

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II. Below are some words and phrases derived from appeal. Link each item to its definition. 1. to appeal 2. Appellate 3. Appealable 4. Leave to appeal 5. Appellant 6. Court of appeal 7. Appellee 8. Appeal bond a. Permission of the court to institute appeal proceedings from a single judge or lower court to a full court or higher court respectively b. The person against whom an appeal is taken (usually, but not always, the winner in the lower court) c. To ask more senior court or person to review a decision of a subordinate court or person d. A court to which appeals are made on points of law resulting from the judgement of a lower court e. Describes a judgement which can be appealed against f. Money put up by someone appealing a courts decision. This money is to pay the other sides costs in case the person appealing fails to go forward with an honest appeal g. A party who appeals against a judicial decision which is not in that partys favour h. Refers to a higher court that can hear appeals from a lower court

11.6. Tem de control: I. Complete the following text about appellate procedure using the words/expressions above: _______ procedure consists of the rules and practices by which a _______ reviews trial court judgements. The procedure focuses on several main themes: What judgements are ______________; How an __________ is to be brought before the court, What will be required for a reversal of the lower courts; What procedures the parties must follow. Often an ________ will be requested by the _______, who is seeking a review of the decision of a subordinate court or person. The other party, the _____, is usually, but not always, the winner in the lower court. II. Read three articles in the Romanian Criminal Code on three types of offences committed against the person and translate them, paying particular attention to the penalties applied to them. 11.7. Bibliografie specific

Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004 The Romanian Criminal Code http://legislationline.org/download/action/download/id/1695/file/c1cc95d23be 999896581124f9dd8.htm/preview

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11.8 . Rspunsuri la testul de autoevaluare I. Name of crime Assault Drug dealing Money laundering Battery Homicide Manslaughter Fraud Murder Armed robbery Sexual assault Burglary Theft Parking Speeding Definition of crime Attempt to use illegal force on another person Possession of and/or trading illegal substances Attempt to transform illegally acquired money into apparently legitimate money The actual use of illegal force on another person A generic term for the killing of another person The unlawful killing of a person without malicious intent and therefore without premeditation Any instance in which one party deceives or takes unfair advantage of another The unlawful killing of a person with intent The unlawful taking of anothers property using a dangerous weapon Attempt to use illegal force on another person in the absence of consent to sexual relations The crime of breaking into a private home with the intention of committing a felony Taking the property of another without right or permission Leaving ones vehicle in an area or for duration in contravention of the law Driving a vehicle in excess of the permitted limit

II. 1. c.; 2. h; 3. e; 4. a; 5. g; 6. d; 7. b; 8. f.

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UNIT 12: FINAL GRAMMAR EXERCISES

12.1. Tem propus pentru evaluare: I. Which is correct? 1. All her dreams have _____ true a). become; b). come; c). gone; d). Taken 2. I got your name and address from a friend of _______ a). me; b). mine; c). my ; d). Myself 3. They all shake hands and said How do you do! to _________ a). another; b). each other; c). one another; d). Themselves 4. Do you want ______? a). me going; b). me to go; c). my going; d). that I go 5. He suggested ______ the house together a). that you should search; b). for them to search; c). to their searching; d). to them to search 6. We look forward ________ you here. a). at having; b). having; c). to have; d). to having 7. Instead ______ the car, he mowed the lawn. a). of repairing; b). repairing; c). that he repaired; d). o repair 8. The ring was nowhere to _____. a). be found; b). being found; c). find; d). Found 9. There were no decent flats _______ in those day a). for having; b). to be had; c). to have; d). to have had 10. Im sure youll find lots of pleasant things _______ here in London a). for doing; b). to be done; c). to do; d). to doing. II. Memorise the quotations. Note the way the verbs say, tell, speak and talk are used: SPEAK: Speak a foreign language Speak loudly, well, fast Speak to somebody (with somebody, about something) Speak at a meeting, conference, in debate Talk a great deal, a lot, loudly Talk to (with) somebody (about something) Talk politics, talk sports etc Say something Say that Say a few words about something He said to me that: ___ He is said to be a good doctor Tell somebody something Tell somebody about something
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TALK:

SAY:

TELL:

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Tell somebody to do something Tell a lie/ the truth/a story Make-up sentences of your own using the verbs mentioned above. E.g. Speak well of your friends, of your enemies say nothing. (Proverb) 12.2. Tem propus pentru autoevaluare:

I. Insert deny, refuse or give up: 1. The doctor told me I must _______ smoking. 2. Will you do me a little favour? I can _______you nothing. I am ready to do anything for you. 3. If you wish to achieve good results, you must sometimes ________ yourself some pleasures. 4. I hope you wont ______ the money. I offer it as a friend. 5. Dont ______ me the privilege of being in your company. 6. Are you ready to ____ your friend if I ask you to? 7. He ________ to take the job he was offered. 8. Even when Mary found out the truth about the bridegroom she didnt ___ him ___. 9. Are you ready to ______ everything that is dear to you? 10. Dont ____ me the pleasure of seeing you home. II. Fill in the blanks by using one of the following prepositional phrases: In support of = n ajutorul, n spijinul In the center of/in the heart of = n centrul, n mijlocul For lack of/for want of = din lips de In consideration of/in recognition of = ca rsplata pentru, ca recunoatere a In danger of = n pericol de In the employ of/in the pay of/in the service = n slujba, n plata, n serviciul In the center of / in the thick of = n centrul Under the command of/under the order of = sub ordinele In accordance with/in compliance with = n conformitate cu / n nelegere cu In the eyes, in the sight of = n ochii Out of keeping with = n contrast, n opoziie, n dezacord cu In spite of = n ciuda

1. His work couldnt be finished ______ information. 2. Our plans were ____ being given up. 3. The scenery was ___ the atmosphere play. 4. The two friends have always been _____ all disputes. 5. The troops are ______ the best of our generals. 6. We are called to solve this matter _______ the needs of our theatre. 7. He is guilty _____ the court.

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8. Our trip wasnt cancelled ___ the bad weather. 9. Our home is placed _____ the town. 10. The trial found the officer ______ a foreign power. 11. My friend was promoted _____ his merits. 12. This is a new reason ____ my proposal. 12.3. Tem de control: Translate into English: 1. Sper s fiu consultat n aceast problem. 2. Instruciunile dumneavoastr vor fi respectate. 3. Oaspeii vor fi ntmpinai la gar, nu-i aa? 4. Sunt sigur c aceast investigaie a fost fcut cu cea mai mare grij. 5. S-a insistat foarte mult asupra ultimului aspect al problemei. 6. Este regretabil c ele n-au putut veni. 7. Nu li s-a permis s ia bagaje prea multe n avion. 8. Li s-au artat planurile i li s-au dat toate explicaiile necesare. 9. Am auzit c prietenului tu i s-a acordat un mare premiu la olimpiad. 10. Trebuie s facem ceva s ne ajutm colegul; este ntr-o situaie foarte grea. 11. Nu e nevoie s-mi napoiezi cartea acum; poi s mi-o aduci sptmna viitoare 12.4. Bibliografie specific Banta, Andrei, Essential English, Ed. Teora, 1993 Brookes, Michael, Treutenaere, Christiane, 1000 de cuvinte cheie n Drept, Ed. Compania, 2004 Thomson, A.J., Martinet, A.V., A Practical English Grammar, Oxford University Press, 200. 12.5. Rspunsuri la testul de autoevaluare I. 1. give up; 2. refuse; 3. deny; 4. refuse; 5. deny; 6. give up/refuse; 7. refused; 8. give him up; 9. give up; 10. deny. II. 1. for lack of; 2. in danger of; 3. out of keeping with; 4. in the centre/thick of; 5. under the command of; 6. in accordance with; 7. in the eyes of; 8. in spite of; 9. in the centre of/in the heart of; 10. in support of; 11. in recognition of.

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BIBLIOGRAFIE

Beizadea, Coziana Marina, Brokes, M, Holden, D, Hutchinson W., Brookes, M, Treutenaere, Ch., Gleanu-Frnoag, Giorgiana, Hulban, H, Lctuu, T., Goglniceanu, G.,

English for Law, Ed. Lumina LEX, Bucuresti, 2001 Engleza pentru juriti, Ed. Teora, Bucureti, 1999 1000 de cuvinte cheie n drept, Ed. Compania, Bucureti, 2002 Sinteze de gramatic englez, Ed. Albatros, Bucureti, 1990 Competen i performan, Exerciii i teste de limba englez, Ed. tiinific i enciclopedic, Bucureti, 1983 Dicionar juridic E-R i R-E; Ed. Lumina LEX, Bucureti, 1995 Limba englez pentru juriti, Ed. Eficient, Bucureti, 1998 Curs de limba englez pentru studenii facultilor cu profil juridic, Ed. ALL Educational, 2000, Bucureti Limba englez pentru studenii facultilor de drept i pentru juriti, Ed. Oscar Print, Bucureti, 1999 Law Today, Longman, U.K., 1993 Dicionar juridic englez-romn, Ed. Lumina LEX, Bucureti, 1994-1995 English and Language, Cassel, London, 1992 Engleza de afaceri, Ed. Uranus, Bucureti, 1995

Manga, V., Calciu, R., Merealbe, E.,

Molnar Oprea, Nicoleta, Mateescu Marinela, Carmen, Suciu, Cosmin Oprescu, Simona,

Powel, R., Pucheanu, M, L.,

Russel, F, Locke, C., Turcu Fulvia, Nstsescu, Violeta,

Thomson, A.J., Martinet, A.V.,

A Practical English Grammar, Oxford University Press, 2003

The United States Constitution

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The Universal Declaration of Human Rights, UNO Department of Public Information, 1998 Vian, Monica, Exerciii - Metod de nvare rapid a limbii engleze, Ed. Paco, 1994 Vocabulary for Law, Peter Collin Publishing, U.K., 1996

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The Romanian Criminal Code http://legislationline.org/download/action/download/id/1695/file/c1cc95d23be999896581124 f9dd8.htm/preview The US Constitution http://constitutionus.com/ Real Cases http://www.streetlaw.org//en/Case.7.aspx

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