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UNIT 7: THE TRIAL IN THE UNITED STATES

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
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judgment to either party or decides to dismiss the case, no trial is held. Thus, over 90% all civil
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.
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.
...

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
i. nchisori de maxim securitate
j. l. inut n arest preventiv
k. pedeapsa cea mai grea
l. m. cnd se d pedeapsa cea mai grea
m. 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.
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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.
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. 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.
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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.

UNIT 8: THE PASSIVE VOICE

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.
...

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.

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.

8.7. 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. It would be blown out.
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 go.

UNIT 9: OFFENCES AGAINST PERSON (I)

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.
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:
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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.
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.
...

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?
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

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
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indecency
6. rape
7. manslaughter
8. hijacking
9. smuggling
10. bribery

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.

D. shoplifting
E. vandalism
murder with extenuating
circumstances

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
two years imprisonment
abortion
daughter
defilement
excusable

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

9.6. Tem de control:


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.

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9.7. 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

11

UNIT 10: NOMINATIVE + INFINITIVE AND ITS USES

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.
...
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

b. She seemed to be worrying


b. He was asked to leave
b. They seemed to have come
together

1. It happened that I knew him.


2. It happened that we had met before.
3. Susan believed her husband to be greatest actor in the world.
4. It chanced that her brother was present.
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?
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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. I was astonished when I heard that he had left the country.
2. It is necessary that everyone should know the truth.
3. It seems that crime was committed by a left-handed man.
4. It is expected that he will broadcast a statement tonight.
5. It is said that he was a brilliant scientist.
6. It is advisable that we should leave the house separately.
7. It is said that the murderer is hiding in the woods near the house.
8. Is it likely that he will arrive before six?
9. It is said that she has a frightful temper.
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
13

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.

14

UNIT 11: OFFENCES AGAINST PERSON II

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.
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.
15

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.
.

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

5. Criminal law

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
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.
16

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6. Criminal lawyer
7. Criminal procedure
8. Criminal record
9. Habitual criminal
10. Criminal liability
11. War criminal

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.

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

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
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appeal
5. Appellant
6. Court of
appeal
7. Appellee
8. Appeal bond

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.
11.8 . Rspunsuri la testul de autoevaluare
I.
Name of crime
Assault
Drug dealing
Money
laundering
Battery
Homicide
Manslaughter
Fraud
Murder
Armed robbery
Sexual assault
Burglary

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
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Theft
Parking
Speeding

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?

00:60

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:

Talk a great deal, a lot, loudly


Talk to (with) somebody (about something)
Talk politics, talk sports etc

SAY:

Say something
Say that
Say a few words about something
He said to me that: ___
He is said to be a good doctor

TELL:

Tell somebody something


Tell somebody about something
Tell somebody to do something
Tell a lie/ the truth/a story

Make-up sentences of your own using the verbs mentioned above.


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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.
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.

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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.

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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