LIMBA ENGLEZĂ 4 (Culegere de texte şi exerciţii) THE U.S. & ITS LEGAL SYSTEM NOTE DE CURS AN II, SEMESTRUL II

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1 1 Universitatea Spiru Haret Bucuresti Facultatea de Stiinte Juridice si Stiinte Economice, Constanta Departamentul Stiinte Juridice LIMBA ENGLEZĂ 4 (Culegere de texte şi exerciţii) THE U.S. & ITS LEGAL SYSTEM NOTE DE CURS AN II, SEMESTRUL II Lector univ. dr. Anca Magiru 2017

2 2 INTRODUCTION A knowledge of the English and American legal systems is important for our full-time law students at Spiru Haret School of Law and Economics, Constanţa. The coursebook, which is a collection of authentic legal texts and also an anthology of grammar exercises, gathered and compiled from different law textbooks and English grammar exercise books, provides an introduction to the English and American legal systems and the means to develop the language and analytical skills which form an essential part of the legal study. The book will be used for the law students of Spiru Haret University and, therefore, the book is not for sale in book stores, except Spiru Haret University book stores. The double purpose of this coursebook is: 1.to provide factual knowledge by exploring legal texts, and 2.to develop the necessary language and analytical skills for part-time law students of English to whom it specifically addresses. Information is given on basic grammatical areas which arise from texts and on vocabulary (word formation and use of legal vocabulary). Activities concentrate on reading, writing and study skills with some work on oral functions. In gathering the texts for this coursebook, the author took into account the requirements laid down in the Analytical Program for the part-time law students at Spiru Haret University School of Law and Public Administration. The coursebook comprises 14 units each unit dealing with an individual subject. The broad subject-matter of each unit is broken down into two parts to provide a structured approach to the subject. The factual content, in VOLUME ONE/THE FIRST YEAR OF STUDY, is presented through extracts from authentic texts, in the Reading Section, which is followed by comprehension questions and exercises included in the Assessment and/or Self-assessment Tests Section. Part One introduces some general features of the English law and legal system which will provide a background to the following topics: 1.The British Constitution and Government, 2.The British Legal System, 3.The English Criminal Courts, 4.The English Civil Cases, 5.The Legal Professionals (I). Lawyers, 6.The Legal Professionals (II). Magistrates and Judges, 7.The Legal Professionals (III). The Crown Prosecution Service.Tribunals. Ombudsmen. This Section is followed by the Grammar Section containing a set of activities meant to brush up the students English grammar. VOLUME TWO/THE SECOND YEAR OF STUDY is concerned with legal texts about the American law and legal system. The Reading Section of this Part also introduces some general features of the American law and legal system which will provide a background to the following topics: 1.The U.S. Constitution. The Role of the Constitution, 2.The U.S. Legal System. The U.S. Legal Professionals, 3.The U.S. Department of Justice, 4.The U.S. Courts, 5.Trials Procedures, 6.Interrogations and Confessions. Miranda Warnings, 7.The Law and the Civil Liberties.The Bill of Rights. This Section is followed by the Grammar Section containing a set of activities meant to brush up the students English grammar, as well. Both PARTS, as far as grammar is concerned, focus on tenses, modal verbs, moods, conditionals, passive voice, in short, a revision of the English verb. The book also contains a list of irregular verbs, a list of language notes, grammatical terms, and vocabulary, and the bibliography used. The author hopes that her effort to have this coursebook published will be fully appreciated and successfully used by the part-time students who really take an interest in English for Law. The Objectives of the Coursebook The main objectives of this coursebook are: 1.to provide factual knowledge by exploring authentic legal texts;

3 3 2.to develop the necessary language and analytical skills for part-time law students of English to whom it specifically addresses; 3.to improve their grammar, expand their vocabulary, refine their pronunciation; 4.to help students to speak naturally. The Competences of the Coursebok At the end of this coursebook, the students will be able to develop their abilities and practical skills in English. They are expected: 1. to use correctly the English verb (tenses, moods, voice, modal verbs), in writing and speaking; 2.to apply grammar rules and notions to ensure the correctness of speaking, writing, translating, explaining; 3.to understand the English and American legal content; 4. to understand the language content; 5.to get familiar with all the topics discussed; 6.to read, translate, comment on different types of legal documents. 7.to get familiar with the basic history of the U.S.A., the U.K.; to learn more about their cultures, lives and civilizations. Means and Teachings Aids The main working instrument will be the coursebook. The author would like to mention that the following means and teaching aids are not only necessary but compulsory. There follows two lists: 1. a list of compulsory materials for students such as: an English-English law dictionary, a Romanian-English, English-Romanian dictionary of law terms, the Romanian Constitution, a PC/laptop; Constantin Paidos, Gramatica limbii engleze, Teorie şi practică, volumes I,II,III, Institutul European, Iaşi, and a list of materials for instructors, such as: laptop, internet, the flags of the U.S.A., of the U.K., and of Romania, the Constitution of the U.S.A., some British constitutional texts, the Holy Bible, books on American and British law, life, culture, civilization; American and British newspapers containing articles on different types of crimes; books containing American and English case studies, real and hypothetical; the maps of U.S.A. and of the U.K.; books containig humouristic articles on law and/or law quotations; detective short stories, films and documentaries on crimes. The Structure of the Coursebook The coursebook contains two parts, (corresponding to the first year of study, and respectively, to the second year of study), and 7 learning units, each: Part One: The U.K. and Its Legal System: Learning Unit # 1. Learning Unit # 2. 1st YEAR, SEMESTER I: THE BRITISH CONSTITUTION AND GOVERNMENT ( 8 classes) THE BRITISH LEGAL SYSTEM (8 classes) Learning Unit # 3. THE ENGLISH CRIMINAL COURTS (8 classes ) Learning Unit # 4. 1st YEAR: SEMESTER II THE ENGLISH CIVIL CASES (8 classes) Learning Unit # 5. THE LEGAL PROFESSIONALS (I). LAWYERS (8 Learning Unit # 6. classes) THE LEGAL PROFESSIONALS (II) MAGISTRATES AND JUDGES (8 classes) Learning Unit # 7. THE LEGAL PROFESSIONALS (III). CROWN PROSECUTION SERVICE. TRIBUNALS. OMBUDSMEN (8 classes) (OPTIONAL) Part Two: The U.S. and Its Legal System: Learning Unit # 1. Learning Unit # 2. Learning Unit # 3. Learning Unit # 4. 2nd YEAR: SEMESTER I THE U.S. CONSTITUTION. THE ROLE OF THE CONSTITUTION (8 classes) THE U.S. LEGAL SYSTEM. THE U.S. LEGAL PROFESSIONALS (8 classes) THE U.S. COURTS (8 classes) 2nd YEAR: SEMESTER II THE U.S. DEPARTMENT OF JUSTICE (8 classes) TRIAL PROCEDURES (8 classes) Learning Unit # 5. Learning Unit # 6. INTERROGATIONS AND CONFESSIONS. MIRANDA WARNINGS (8 classes) Learning Unit # 7. THE LAW AND THE CIVIL LIBERTIES. THE

4 4 BILL OF RIGHTS (8 classes)(optional) Assignments The students are given assignments after each Learning Unit. They are supposed to solve all the assessment and self-assessment tests by themselves making use of the answer section and also write and present and/or speak of the following topics after each Learning Unit, namely: Part One/The First Year of Study 1.The Constitution of the U.K..The British Cabinet 2.Statute Law. Common Law. The European Union Law 3.Magistrates Courts. Crown Courts. Criminal Offences 4.The English Civil Cases. The English Civil Courts 5.The English Lawyers: a. Barristers; b.solicitors; c. Paralegals 6.The English Magistrates.The English Judges 7.The Crown Prosecution Service (CPS). Tribunals. Ombudsmen Part Two/The Second Year of Study 1.The U.S. Constitution. The Roel of the Constitution 2.The U.S. Judges. The U.S. Jury. The U.S. Attorneys 3.The Attorney General. The Solicitor General. FBI 4.The Federal Courts. The State Courts. The Supreme Courts 5.The Civil Trials. The Criminal Trials 6.Miranda Warnings 7.The Bill of Rights. The American Civil Liberties Compulsory Bibliography 1.Lister, Ronald, Klemens Veth, (2010), Dicţionar juridic, englez-român, român-englez, Bucuresti: Ed. Niculescu 2.Magiru, Anca, (2013), Limba engleză, (Curs în tehnologie ID/IFR), Bucureşti: Editura Fundaţiei România de Mâine; 3.Magiru, Anca, (2011), English for Law Students, Bucuresti, Ed. Universitara; 4.Magiru, Anca, (2011), English for Public Administration Students, Bucuresti, Ed. Universitara; 5.Magiru, Anca, (2010), American Criminal Law, An Introduction for Law Students of English, Bucuresti: Ed. Universitara. Optional Bibliography 1.Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I,II,III Iaşi: Institutul European; 2.Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti: Ed.Niculescu. 3.Brookes, Michael, Christiane Treutenare, (2002), 1000 de cuvinte in Drept, Bucuresti: Compania; 4.Champion, Dean J., (1998), Dictionary of American Criminal Justice. Key Terms and Major Supreme Court Cases, Minot State University, London, Chicago: Fitzroy Dearborn Publishers; 5.Constitutia Romaniei, (2004), Bucuresti: Ed. All Beck; 6.The Constitution of the United States and the Declaration of Independence, Reprinted 2001 by the Supreme Court Historical Society, 2001; 7.Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar, Bucuresti: Ed. Didactica si Pedagogica; 8.Martin, Elizabeth A., 2003, A Dictionary of Law, Oxford: Oxford University Press; 9.Hanga, Vladimir, Rodica Calciu, (1994/2007), Dictionar juridic englez-roman si roman-englez, Bucuresti, Ed. Lumina Lex. Assessment Methods The final examination is an electronic multiple choice test. The instructor will also take into account the students seminar activities and also the assessments during the academic terms.

5 5 CONTENTS INTRODUCTION.. PART TWO/THE SECOND YEAR OF STUDY: THE U.S. AND ITS LEGAL SYSTEM SEMESTER II Learning Unit # 4 THE U.S. DEPARTMENT OF JUSTICE 4.1. Introduction 4.2. The Objectives and Competences of Learning Unit # 4 time assigned 4.3. The Contents of Learning Unit # 4: A.Reading Section: The U.S. Department of Justice The U.S. Department of Justice B.Grammar Section:Mood Revision The Subjunctive Mood 4.4. Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References Learning Unit # 5 CIVIL AND CRIMINAL TRIALS AND THEIR STAGES 5.1. Introduction 5.2. The Objectives and Competences of Learning Unit # 5 time assigned 5.3. The Contents of Learning Unit # 5: A.Reading Section: Trial Procedures Trial Procedures B.Grammar Section: Mood Revision The Gerund 5.4. Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References Learning Unit # 6 INTERROGATIONS AND CONFESSIONS. MIRANDA WARNINGS 6.1. Introduction 6.2. The Objectives and Competences of Learning Unit # 6 time assigned The Contents of Learning Unit # 6: A.Reading Section: Interrogations and Confessions. Miranda Warnings Interrogations and Confessions. Miranda Warnings B.Grammar Section:Tense and Mood Revision The Infinitive. Infinitives or Gerunds? 6.4. Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References Learning Unit # 7 (OPTIONAL) THE LAW AND THE CIVIL LIBERTIES. THE BILL OF RIGHTS 7.1. Introduction 7.2. The Objectives and Competences of Learning Unit # 7 time assigned 7.3. The Contents of Learning Unit # 7: A.Reading Section: The Law and the Civil Liberties. The Bill of Rights

6 7.3.1 The Law and the Civil Liberties. The Bill of Rights B.Grammar Section: Revision The Sequence of Tenses 7.4. Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References Answers for the Assessment and Self-assessment Tests List of Irregular Verbs Language notes, grammatical terms, legal vocabulary Bibliography 6

7 7 Learning Unit # 4 THE U.S. DEPARTMENT OF JUSTICE Because the Spirit of the Lord fills the world, And He who holds all things together knows what is said. Therefore no one who speak unrighteous things Will escape notice, nor will justice, when it cross-examines, pass him by. (The Wisdom of Solomon, 1:7,8) Duhul lui Dumnezeu umple lumea, El cuprinde toate şi ştie orice şoaptă. Pentru aceea, cel care grăieşte lucruri Nedrepte nu poate să se ascundă şi dreptatea răzbunătoare nu-l uită. (Cartea Inţelepciunii lui Solomon, 1:7,8) 4.1. Introduction 4.2. The Objectives and Competences of Learning Unit # The Contents of Learning Unit # 3: A.READING SECTION: The U.S. Deaprtment of Justice The U.S. Department of Justice B.GRAMMAR SECTION: Mood Revision The Subjunctive Mood C.PRACTICE SECTION: 3.4.Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References 4.1. Introduction Attorney General. Definitions: 1.The chief lawyer in a state or of the government in the U.S. (Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries) 2.Senior United States prosecutor in each federal district court. A cabinet member who heads the Justice Department. (Champion, Dean J., Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers, Chicago, London, 1998) CIA. Definitions: 1.The CIA. The Central/Criminal Intelligence Agency; the department of U.S. government that collects information about other countries, especially secretly. (Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries) 2.Under the National Security Act of 1947, an organization created to investigate matters of national security. (Champion, Dean J., Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers, Chicago, London, 1998) FBI. Definitions: 1.Federal Bureau of Investigation; the police department in the U.S. that is controlled by the central government, and is concerned with crimes in more than one state. (Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries) 2.Federal Bureau of Investigation (FBI). Established in 1908 through Department of Justice Appropriation Act as department s

8 8 enforcement arm. Investigative agency that enforces all federal criminal laws and compiles information for the Uniform Crime Reports annually. Maintains extensive files on criminals. Assists other law agencies. Initials also stand for fidelity, bravery and integrity. (Champion, Dean J., Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers, Chicago, London, 1998) Solicitor General. The government law officer next in rank below the Attorney General. (Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries) 4.2. The Objectives and Competences of Learning Unit # 4 The Objectives of Learning Unit # 4: O1 to understand the legal content: O1a.to study the importance of the Attorney General, the Solicitor General, and the FBI O1.b.to test the students legal knowledge O2 to understand the language content: O2a.:to revise the Subjunctive Mood O2.b.to test the students grammar knowledge O2c.: to rise the students interest in working with a good law dictionary. The Competences of Learning Unit # 4: C1. getting familiar with the importance of the Attorney General, the Solicitor General, and the FBI; C2. using correctly the tenses of the Subjunctive Mood in writing and speaking; applying grammar rules and notions to ensure the correctness of speaking, writing, translating; C3. reading, translating, commenting different types of legal documents. The time assigned for Unit # 3: 8 classes 4.3. The Contents of Learning Unit # 4 A.READING SECTION: The U.S. Department of Justice Read and learn the following language notes, grammatical terms and vocabulary: Attorney General = (US) Ministru al Justiţie; (US) Procuror General; (UK) avocat al Coroanei/al statului Appropriation Act = lege privind furturile, alocările de fonduri, însuşiri, exproprieri enforcement arm = unealta de punere în aplicare, de executare CIA = Agenţia Centrală de Informaţii a S.U.A. FBI = Biroul Federal de Investigaţii chief = principal law-enforcement officer = organ al puterii coercitive a statului to request, -ed, -ed = (v) a cere, a ruga, a solicita to pass,-ed, -ed = (v) (d, rezoluţii şi propuneri legislative) a vota, a adopta, a promulga emergency = (n) urgenţă discretion = (n) libertate de acţiune/de a dispune, de a hotărî

9 9 to enforce, -d, -d = (v ) a aplica (legea), a pune în vigoare request = (n) rugăminte, cerere elsewhere = altundeva, aiurea Solicitor General = Procuror General adjunct; Ministru de Justiţie adjunct intelligence = (n) informaţii to gather, -ed, -ed = (v) a strânge, a colecta, a aduna to pertain, -ed, -ed = (v) a aparţine, a ţine de kidnapper = (n) răpitor de persoane robber = (n) hoţ, tâlhar field work = muncă/activitate de teren to pursue, -d, -d = (v) a urmări counterfeiter = (n) falsificator smuggler = (n) contrabandist trader = (n) comerciant, negustor dodger = (n) eludator al legii, evazionist fiscal Read and translate the following text into Romanian: The U.S. Department of Justice The Attorney General The Attorney General is the chief law-enforcement officer in the United States. He represents the United States in legal matters and gives advice and opinion when requested by the President or by the executive department heads. While the President has a special counsel, the While House calls on the Attorney General for legal advice, particularly on bills and resolutions passed in Congress. The President also calls on the Attorney General for legal opinions concerning the exercising of special emergency powers. The Attorney General has a wide discretion about what laws to enforce and about what actions he will regard as violations of the law. The Solicitor General The Solicitor General is the second ranking officer of the Department of Justice assuming the duties of the Attorney General in his absence. He represents the Government in cases before the Supreme Court, and at the request of the Attorney General, in cases affecting the United States in state courts or elsewhere. The Federal Bureau of Investigations (FBI) The main unit of the Justice Department is the Federal Bureau of Investigations (FBI). The Bureau is an intelligence agency for the Justice Department, gathering information on criminal matters which come within the jurisdiction of the Department. The functions of the FBI include the investigation of espionage, sabotage, and matters of pertaining to the internal security of the United States. The FBI deals with kidnappers, bank robbers and many others violators of Federal law, and is active in counterespionage. It does the field work of investigating the loyalty of Government employees. Other secret services pursue

10 10 counterfeiters, smugglers, narcotic traders, income-tax dodgers. All such persons, when caught are prosecuted in Federal courts by the Department of Justice or the local United States attorneys under its supervision. (Adapted from Our American Government, Wright Patman, New York, 1957) B.GRAMMAR SECTION: Mood Revision & Consolidation THE SUBJUNCTIVE MOOD The Subjunctive Mood is used to express a possible, an unreal or an improbable action. It has two sense: Present and Past. The Present Subjunctive is identical to the Short Infinitive. e.g.: It is necessary that he (should) be/come/arrive there in time. The verb to be use the form were with all pronouns and people. Hypothetical and Unreal Tenses 1.WISHES Uses and Examples 1.wishes about present states e.g.: I wish I knew the answer to this question. (In this case, I do not know the answer.) They use the Past Tense Simple after wish.the time referred to is an imaginary or unreal present. e.g.: I wish I didn t have so much work to do. 2.wishes about past events e.g.: I wish I had gone to your party last week. (In this case, I did not go.) These wishes use the Past Perfect after wish. The time referred to is past time. 3.wishes about future events: could, have to Wishes using could refer to ability or to future ability. e.g.: 1.I wish I could drive. 2.I wish June could meet me next week. (future time) Wishes with have to can also refer to future time. e.g.: I wish I didn t have to get up early tomorrow. 4.wishes about future events:would (annoying habits) These wishes use would after wish. They often take the form of a complaint about a bad habit, or express regrets that the actions will

11 11 go on and that there is nothing to be done to stop them. e.g.: I wish Peter wouldn t chew gum all the time. There is very little difference in use between this kind of wish and the wishes in 1. e.g.: I wish the police would do something about this people. 2.IF ONLY Uses and Examples 1.If only is used instead of wish to make emphatic wishes. e.g.: 1.If only I knew the answer to this question! 2.If only I had gone to your party last week! 3.IT S TIME Uses and Examples It s time + for + pronoun/persons + long infinitive = it s the proper time to act, to do an action. e.g.: It s time for the children to go to bed. (It s 10 p.m.) It s time + Past Tense = the action is already late. e.g.: It s time the children went to bed. (It s 1 a.m.) 4.I D RATHER / I PREFER (followed by a clause) Uses and Examples 1.I d rather is followed by past tenses. It expresses a personal preference about actions. e.g.: I d rather you didn t smoke in here. 2.I d sooner works in the same way and has the same meaning. Actually, I d sooner we left now. Both I d rather and I d sooner are used with normal when comparing nouns or phrases. I d rather be a translator than a teacher. (present) tenses I d rather have lived in the Middle Ages than in present day society. (past) 2.Notice the difference between a) where the subject of would rather is also the subject of the action which follows and b) where the person expressing the preference is not the subject of the action which follows. e.g.: a) I d rather stay in than go out.

12 12 b) I d rather you stayed in than went out. 3.I d prefer can be used as part of a conditional 2 sentence. Note that prefer in this type of sentence has an object it. I d prefer it if you didn t go. (past subjunctive) I d prefer tea to coffee. I d prefer you not to go. (long infinitive) 5.AS IF / AS THOUGH (ca şi cum, de parcă) Uses and Examples 1.Real and unreal The tense here depends on whether the comparison is true or unreal. e.g.: 1.He acts as if he were in charge. (He isn t in charge) 2.He acts as if he is in charge. (He is in charge) The difference is clearer with obviously unreal comparisons. e.g.: You look as if you had just seen a ghost! 6.FORMAL SUBJUNCTIVES Uses and Examples 1.Insisting, demanding, etc. After verbs such as demand, ask, order, command, insist, suggest, require which involve an implied obligation, the subjunctive may be used in formal style. This has only one form, that of the infinitive, and there is no third person s, or past form. The verb be has be for all forms. e.g.: They demanded that / he Monday. Formal usage Should is used in more formal usage. leave at once./ he be here on e.g.: They demanded that / he should leave at once / he should be here on Monday. 2.The same applies after expressions such as: It is necessary that he (should) leave at once. it is necessary/ essential/ important that It is important that he (should) be here on Monday. 3.lest (ca sa nu) + should +affirmative verb He hurried lest he should be late. 8.FORMULAIC SUBJUNCTIVE

13 13 Uses and Examples: These are fixed expressions all using subjunctive. Typical examples are: God save the Queen! Be that as it may ; Come what may. C.PRACTICE SECTION 3.4. Key Answer Guide for Self-assessment Activities The Synthesis of Learning Unit # 3 through Self-assessment Tests: A.READING SECTION: 1.Self-assessment Test on Legal Knowledge. The U.S. Department of Justice. Comprehension questions. Answer the following questions. 1.Who is the chief law-enforcement officer in the United States? 2.What does he give when requested by the President or by the executive department heads? 3.Why does the President call on the Attorney General? 4.Who is the second ranking officer of the Department of Justice? 5.What is the main unit of the Justice Department? 6.What information does the Bureau gather? B.GRAMMAR SECTION Mood Revision. The Subjunctive Mood Activity 1. Work on the model: It s a pity she does not know the answer to the question. I wish she knew the answer to the question. WISH + PAST TENSE SUBJUNCTIVE = A SYMULTANEOUS ACTION 1. It s a pity the children are not at home. 2. It s a pity she does not speak English. 3. It s a pity you are late for school every morning. 4. It s a pity I don t understand them. 5. It s a pity George comes home so late. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 2. Rephrase the sentences below so as to use the Subjunctive after the verb wish. Work on the models. Model: I am sorry you don t live in this town. I wish you lived in this town. I regret she doesn t have any brothers. I wish she had some brothers. 1. I am sorry you don t like this book. 2. I regret my car makes so much noise. 3. I regret your sister is ill. 4. I am sorry Jack does not want to come with us. 5. I m sorry Ti does not catch any fish. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 3. Work on the model: Model: She didn t accept my advice. I wish she had accepted my advice. WISH + PAST PERFECT SUBJUNCTIVE = AN ANTERIOR/A PREVIOUS ACTION 1. You failed the exam. 2. She didn t meet Mr. Brown. 3. They didn t take any money with them. 4. Albert didn t bring his textbook to school. 5. I didn t know how to do this exercise. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

14 14 Activity 4. Replace the Accusative + Infinitive constructions by wish + would, according to the models. Model: I want her to come here. I wish she would come here. They wanted us to help them. They wished we would help them. WISH + WOULD (FUTURE-IN-THE-PAST TENSE) = POSTERIOR ACTION (THERE ARE NO MANY CHANCES FOR THE ACTIONS / WISHES TO BE FULFILLED) 1. Father wants me to get good marks. 2. I want them to understand me. 3. Mary wanted the publisher to accept the manuscript. 4. You want your parents to repair your car. 5. The children wanted their grandmother to stay with them that day. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 5. Work on the model: Model: We go school six days a week. (five days) I wish we went to school five days a week. He bought an old car. (new) I wish he had bought a new car. 1. You know how to speak Italian. ( Spanish, too). 2. He painted the walls blue. ( white) 3.My application for that job was rejected. ( accepted) 4. She seldom goes to the theater. ( more often). 5. My father drinks very much coffee. ( less). (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 6. Translate the following sentences into English using wish + Subjunctive. 1. Aş dori să pot să o ajut pe sora ta. 2. Aş dori să ştiu unde locuieşte. 3. Aş dori să fiu milionar. 4. Aş dori să nu se mai repete acest lucru. 5. Aş fi dorit să fiu anunţat de acest lucru în prealabil. 6. Profesorul ar fi dorit ca noi să nu fi făcut atât de multe greşeli în lucrare. 7. Mary ar dori să fie la mare acum. 8. Aş dori să fi avut bani să cumpăr tabloul. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 7. Use the Past Subjunctive or the Past Perfect Subjunctive after as if/as though according to the meaning. 1. Liza speaks English as though she (to be) an English girl. 2. They looked as if they (to see) a ghost. 3. You acted as though you (not to know) anything about your new neighbor. 4. The village looks as though nobody (to live) in it. 5. Our guest behaves as if he (to be) one of our family. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 8. Translate into Romanian the following sentences containing as though/as if. 1. You look as if you had seen something terrible. 2. She acts as if she were a specialist. 3. He felt as if his head had been on fire. 4. The children looked as if they had seen a dragon. 5. It is as if something had happened here. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 9. Translate into English. 1. Se comportă ca şi cum ar fi stăpânul casei. 2. Mary arăta ca şi cum ar fi bolnavă. 3. Te plimbi ca şi cum nu ai avea ore astăzi. 4. Imi pui aceste întrebări ca şi cum m-ai vedea pentru prima dată. 5. Miroase în casă ca şi cum am fi într-o farmacie. 6. Te uiţi la mine ca şi când n-ai şti despre cine vorbim. 7. Mă simt ca şi cum toată lumea s-ar uita la mine. 8. Femeia merse mai departe ca şi cum nu l-ar fi observat pe cel care o urmărea. 9. Andrew păşeşte ca şi cum l-ar durea piciorul. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

15 15 Activity 10. Use Past or Perfect Subjunctive after even if/even though (chiar dacă) according to the meaning. 1. I wouldn t do that even if she (to give) me a lot of money. 2. Even though they (to lend) him their new dictionary, he couldn t have translated such a difficult text. 3. Even if someone (to be) to leave me 10,000 pounds, I would not be able to fulfill my lifelong ambition. 4. He wouldn t have acted differently even if he (to know) the real situation. 5. Angela wouldn t marry this man even though he (to be) rich. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Keywords to be remembered: Attorney General, CIA, FBI, Solicitor General, hypothetical tenses, unreal tenses Comprehension Check: Activity 1. Replace can t + Present Infinitive by it s impossible/unbelievable/improbable + subject + should + Present Infinitive (come, be, go) or Perfect Infinitive (have come, have been, have gone) according to the model. Model: 1.He can t say that. It s impossible (that) he should say that. 2.They can t have missed the train. It s impossible (that) they should have missed the train. 1.Tommy can t be at school now. 2.The children can t have broken that window. 3.You can t make such a mistake. 4.She can t have lied to you. 5.They can t have finished all the exercises. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Remember! After: It is necessary/important/natural/advisable/surprising/unbelievable/starnge/impossible/unusual/inconceivable We use should + present infinitive or perfect infinitive in British English; in American English, we omit should.e.g.: 1.It is impossible the he should say that. B.E. 2.It is impossible that he say that. Am.E. Activity 2. Translate the following sentences containing subjunctives with should into Romanian. 1.He didn t switch on the light lest his wife should wake up. 2.Do you consider it right that these people should be treated like that? 3.They were surprised that you should have been seen there at that time. 4.She left orders that it should be changed at once. 5.It is inconceivable that she should not have known anything about it. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 3.Translate the following sentences into English using should + Infinitive. 1. A cerut să i se dea o altă cameră. 2. Ei au solicitat să-l vadă pe director. 3. I-am sugerat să încerce o altă pereche de pantofi. 4. Le-am propus să aştepte acolo o jumătate de oră. 5. Am sfătuit-o să ia toate medicamentele. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Activity 4.Translate the following sentences into English using lest + should.1. Aminteşte-i de carte diseară ca să nu o uite din nou. 2.Vorbeam în şoaptă ca să nu ne audă profesorul. 3.Trebuie să vă grăbiţi ca să nu pierdeţi avionul. 4. Inchide uşa ca să nu staţi în curent. 5.Nu te mişca să nu ne observe câinele. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) Topics for presentation:

16 16 1.The Attorney General. 2.FBI. 3.The Solicitor General. Assessment and Self-assessment Tests Activity 1.Translate the following sentences containing subjunctives into Romanian. Use a dictionary if necessary. 1.This man, be it known, did his best to help her. 2.Be that as it may, I ll try to speak to him. 3.Far be it from me, I didn t want to hurt her. 4.May all your dreams come true! 5.You urge that she start learning English. 6.This thing, if her news be true, is very promising. 7.I wish he hadn t made so many mistakes. 8.She insists that everybody should bring the dictionaries to school. 9.They look as if they were ill. 10. It is important that she arrive there before noon. 11.It is high time they told us the truth. 12.That she should have behaved like that, astounds us. 13.I would rather he didn t notice my absence. 14.I gave orders that the prisoner should be set free at once. 15.I wish she spoke Italian more fluently. 16.No matter how difficult a problem might be, you should try to solve it. 17. It is scandalous that they should be treated like that. 18.It is shocking that some people should live in such houses. 19.It is inconceivable that they shouldn t have discovered her absence. 20.Even though you had brought her that medicine, it would not have been of much help to her. Activity 2. Read the translation of the sentences above and compare it to your translation. Notice the similarities, differences, mistakes, if any.1.acest om, să se ştie, a făcut tot posibilul să o ajute. 2.Fie ce-o fi, voi încerca să vorbesc cu el. 3.Departe de mine (găndul), n-am vrut să o jignesc. 4.Să ţi se împlinească toate visele!. 5.Tu o îndemni să se apuce să înveţe englezeşte. 6.Acest lucru, dacă veştile sunt adevărate, este foarte promiţător. 7.Aş dori ca el să nu fi făcut atât de multe greşeli. 8.Ea insistă ca toţi şă-şi aducă dicţionarele la şcoală. 9.Ei arată ca şi cum ar fi bolnavi. 10.Este important ca ea să ajungă acolo înainte de amiază. 11.E timpul ca ei să ne spună adevărul. 12.Că ea s-a comportat astfel, ne surprinde! 13.Aş dori ca el să nu observe absenţa mea. 14.Am dat ordin ca prizonierul să fie eliberat imediat. 15.Aş dori ca ea să vorbească italiana mai fluent. 16.Oricât de dificilă ar fi o problemă, trebuie să încerci să o rezolvi. 17.E scandalos ca ei să fie trataţi astfel. 18.E şocant ca unii oameni să locuiască în astfel de case. 19.E de neconceput ca ei să nu-i fi observat absenţa. 20.Chiar dacă i-ai fi adus acel medicament, nu cred că i-ar fi fost de prea mare ajutor. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European) REVISION I Learning Unit # 3: THE U.S. DEPARTMENT OF JUSTICE 1. What is the main unit of the U.S. Department of Justice? a. The Federal Bureau of Investigations (F.B.I.) b. Spiru Haret University c. Delaware University 2. What information does the F.B.I. gather? a. It gathers information on Spiru Haret University s students. b. It gathers information on criminal matters. c. It gathers information on St. Mary s University School of Law s students. 3. What do the initials F.B.I. also stand for? a. They also stand for: Fred, Betty, Ina. b. They also stand for: Ferdinand, Beatrice, Iris. c. They also stand for: fidelity, bravery, integrity.

17 17 4. What is the meaning of the C.I.A.? a. The Central Intelligence Agency b. The Central Interrogation Apartment c. The Central Interview Association 5. Give the definition of the C.I.A.. a. The C.I.A. is the apartment of the U.S. government that collects pieces of furniture from other countries, secretly. b. The C.I.A. is the department of the U.S. government that collects information about other countries, secretly. c. The C.I.A. is the association of the U.S. government that collects information about the Russians, secretly. 6. What kind of matters does the C.I.A. investigate? a.the C.I.A. investigates matters about the water supplies of the planet earth. b.the C.I.A. investigates matters about the world ecological system. c.the C.I.A. investigates matters about the U.S. national security. 7. Translate into Romanian: The Department of Justice. a. Ministerul de Justiţie b. Ministerul Educaţiei c. Ministerul de Finanţe 8. Translate into Romanian: Attorney General. a. Ministrul Educatiei b. Ministrul de Justiţie c. Ministrul de Finanţe 9. Translate into Romanian: Solicitor General. a. Ministrul Educatiei b. Ministru de Justiţie c. Ministrul de Justiţie adjunct 10. It s a pity the children are not at home. a. I wish the children were at home. b. I wish the children were at school. c. I wish the children were at the seaside. 11. I am sorry you don t like this book. a. I wish you liked this novel. b. I wish you liked this book. c. I wish you liked this detective short-story.

18 You failed this exam. a. I wish you hadn t bought that car. b. I wish you hadn t come to the party. c. I wish you hadn t failed this exam. 13. We go to school six days a week. (five days) a. I wish we went to school five days a week. b. I wish we went to school three days a week. c.i wish we went to school seven days a week. 14. He bought an old car. (new) a. I wish he had bought an old bus. b. I wish he had bought a new car. c. I wish he bought a plane. 15. Aş dori să pot să o ajut pe sora ta. a. I wish I could help your brother. b. wish I could help Mary. c. I wish I could help your sister. 16. Se comportă ca şi cum ar fi stăpânul casei. a. He behaves as if he were the master of the house. b. He behaves as if he were the U.S. Attorney General. c. He behaves as if he were an agent of the C.I.A Trebuie să vă grăbiţi ca să nu pierdeţi avionul. a. You must hurry lest you should miss the train. b.you must hurry lest you should miss the plane. c.you must hurry lest you should miss the bus. 18. E timpul ca ei să ne spună adevărul. a. It s high time they told us the whole story. b. It s high time they told us the truth and nothing but the truth. c. It is high time they told us the truth. ANSWERS :LEARNING UNIT #3: THE U.S. DEPARTMENT OF JUSTICE 3.4.Key Answer Guide for Self-assessment Activities A.READING SECTION: 1.Self-assessment Test on Legal Knowledge. The U.S. Department of Justice1.The Attorney General. 2.He gives advice and opinion. 3.For legal opinions concerning the exercising of special emergency powers. 4.The Solicitor General. 5.The Federal Bureau of Investigations (FBI). 6.Criminal matters which come within the jurisdiction of the Department. B.GRAMMAR SECTION:

19 19 2.Self-assessment Tests on Grammar Knowledge:Activity 6. 1.I wish I could help your sister. 2.I wish I knew where you lived. 3.I wish I were millionaire. 4.I wish this thing didn t happen any longer. 5.I wish I were informed beforehand. 6.The teacher wished we hadn t made so many mistakes. 7. Mary wishes she were at the seaside now. 8.I wish I had had the money to buy that painting. Activity 7. 1.were.2.had seen; 3.had known; 4.lived; 5.were; Activity 8.1.Arăţi ca şi cum ai fi văzut ceva groaznic. 2.Ea acţionează ca şi cum ar fi expertă. 3.Se simţea ca şi cum i-ar fi luat capul foc. 4.Copiii arătau ca şi când ar fi văzut un balaur. 5.E ca şi cum s-ar fi întămplat ceva aici. Activity 9.1.He behaves as if he were the master of the house. 2.Mary looked as if she were ill. 3.You are walking as if you didn t have classes today. 4.You are asking me these questions as if you saw me for the first time. 5.In the house, it smells as if we were in a pharmacy. 6.You are looking at me as if you didn t know whom I was speaking about. 7.I feel as if everybody were looking at me. 8.The woman kept on walking as if she hadn t noticed the one/the man who was following her. 9. Andrew walks as if his leg ached. Activity gave; 2.had lent; 3.were; 4.had known; 5.were Comprehension Check:Activity 2.1.El nu a aprins lumina ca să nu o trezească pe soţia sa. 2.Consideri corect ca aceşti oameni să fie trataţi astfel? 3.Ei au fost surprinşi că tu ai fost văzut acolo la ora aceea. 4.Ea lăsat ordin ca acel lucru să fie schimbat imediat. 5.E de neconceput să nu fi ştiut nimic despre asta. Activity 3. 1.He demanded that he should be given another room. 2.They required that they should see the manager. 3.I suggested her that she should try another pair of shoes. 4.I proposed that they should wait there for half an hour. 5.I advised her that she should take all the medicine. Activity 4.1.Remind him about the book tonight lest he should forget it again. 2.We were speaking in a whisper lest the teacher should hear us. 3.You must hurry lest you should miss the plane. 4.Close the door lest you should stay in a draught. 5.Don t move lest the dog should notice us Compulsory Bibliography 1.Lister, Ronald, Klemens Veth, (2010), Dicţionar juridic, englez-român, român-englez, Bucuresti: Ed. Niculescu 2.Magiru, Anca, (2013), Limba engleză, (Curs în tehnologie ID/IFR), Bucureşti: Editura Fundaţiei România de Mâine; 3.Magiru, Anca, (2011), English for Law Students, Bucuresti, Ed. Universitara; 4.Magiru, Anca, (2011), English for Public Administration Students, Bucuresti, Ed. Universitara; 5.Magiru, Anca, (2010), American Criminal Law, An Introduction for Law Students of English, Bucuresti: Ed. Universitara. Optional Bibliography 1.Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I,II,III Iaşi: Institutul European; 2.Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti: Ed.Niculescu. 3.Brookes, Michael, Christiane Treutenare, (2002), 1000 de cuvinte in Drept, Bucuresti: Compania; 4.Champion, Dean J., (1998), Dictionary of American Criminal Justice. Key Terms and Major Supreme Court Cases, Minot State University, London, Chicago: Fitzroy Dearborn Publishers; 5.Constitutia Romaniei, (2004), Bucuresti: Ed. All Beck; 6.The Constitution of the United States and the Declaration of Independence, Reprinted 2001 by the Supreme Court Historical Society, 2001; 7.Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar, Bucuresti: Ed. Didactica si Pedagogica; 8.Martin, Elizabeth A., 2003, A Dictionary of Law, Oxford: Oxford University Press; 9.Hanga, Vladimir, Rodica Calciu, (1994/2007), Dictionar juridic englez-roman si roman-englez, Bucuresti, Ed. Lumina Lex Bibliographical References: 1.Boarcăş, Camelia, Anca Magiru,(2002), English Practical Course, Constanţa: Europolis; 2.Champion, Dean J., Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers, Chicago, London, 1998; 3.Gălăţeanu-Fârnoagă, Georgiana, (1987), Sinteze de gramatică engleză, Bucureşti, Ed. Albatros; 4.Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries; 5.Paidos, Constantin, (1995), Gramatica limbii engleze, volumul I, Iaşi, Institutul European; 6..Penruddocke, Andrea, Christopher A. Warnasch, (2004), English for the Real World, A Random House Company; 7.Ronald Lister, Klemens Veth, 2010, Dicţionar juridic, englez-român, român-englez, Bucureşti: Ed. Niculescu; 8. Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti, Ed. Niculescu.

20 20 Learning Unit # 5 TRIAL PROCEDURES For there shall be a close examination into the deliberation of an ungodly man, And a report of his words will come to the Lord as proof of his lawlessness. (The Wisdom of Solomon, 1:9) Căci chibzuinţele nelegiuitului vor fi cercetate şi zvonul vorbelor sale va ajunge până la Domnul spre pedeapsa strâmbătăţilor sale. (Cartea Inţelepciunii lui Solomon, 1:9) 5.1. Introduction 5.2. The Objectives and Competences of Learning Unit # The Contents of Learning Unit # 5: A.READING SECTION: Trial Procedures Trial Procedures B.GRAMMAR SECTION: Mood Revision The Gerund C.PRACTICE SECTION: 5.4.Key Answer Guide for Self-assessment Activities Compulsory Bibliography Bibliographical References 5.1. Introduction Civil Courts. Tribunals that handle civil cases, as opposed to criminal cases. Objectives of civil cases are to recover damages (money), whereas object of criminal courts is to seek punishment of imprisonment and/or fines and victim restitution. Criminal Courts. Tribunals handling criminal cases. They may also handle civil cases, and are then called criminal courts only in reference to the criminal cases that they handle. (Champion, Dean, J., (1998), Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers, Chicago, London) 5.2. The Objectives and Competences of Learning Unit # 5 The Objectives of Learning Unit # 5: O1 to understand the legal content: O1a.to provide a short explanation of the stages in both civil and criminal trials; O1b. to test the students legal knowledge; O2 to understand the language content: O2a.:to revise the forms and uses of the Gerund; O2b. to test the students grammar knowledge; O2c.:to rise the students interest in working with a good law dictionary and an English grammar book.

21 21 The Competences of Learning Unit # 5: C1.getting familiar with the main stages of trials either civil or criminal; C2.using correctly the Gerund forms in writing and speaking; applying grammar rules and notions to ensure the correctness of speaking, writing, translating; C3.reading, translating, commenting different types of legal documents. The time assigned for Unit # 5: 8 classes 5.3. The Contents of Learning Unit # 5 A.READING SECTION Trial Procedures Trial Procedures Read and learn the following language notes, grammatical terms and vocabulary: opening argument/statement = declaraţie de deschidere a unui proces attorney = (n) (US) avocat plaintiff = (n) reclamant, parte vătămată counsel = (n) avocat pledant, consilier criminal prosecution =urmărire penală, acuzare, acuzaţie,, cercetare penală, proces penal argument = (n) argument, controversă, pledoarie overview = (n) prezentare de ansamblu a anchetei/cercetării designated witness = martor numit/desemnat documentary/concrete evidence = dovezi sub formă de înscrisuri; probă scrisă hostile witness = martor ostil/rău intenţionat, martor care depune mărturie în defavoarea părţii care l-a propus leading question = întrebare tendenţioasă care indică răspunsul dorit; întrebare sugestivă/care sugerează un anumit răspuns adresată unui martor cross-examination = interogatoriu încrucişat; interogare a unui martor de către partea adversă; questioning of one side s witnesses by the other side s attorney, either the prosecution or defense to cross-examine, -d, -d = (v) a supune unui interogatoriu contradictoriu to elicit,-ed,-ed = (v) a reuşi să obţină testimony = (n) mărturie, depoziţie (scrisă), declaraţie to rebut, rebutted, rebutted (v) = a refuza, a respinge ca nefondat, a considera neîntemeiat, a dezaproba, a combate direct examination (US) = examination-in-chief (UK) = examinarea unui martor de către partea care l-a propus delivery = (n) transmitere a verdictului to pronounce (-d,-d) judgment = a pronunţa sentinţa/hotărârea, a da un vedict to hold (held, held) a sentencing hearing = a avea/ a deţine

22 22 sentinţa în urma audierii cazului prosecutor = (n) procuror, acuzator, reclamant, partea care acuză/care iniţiază procesul penal evidence = (n) mărturie, probă orală, depoziţie, dovadă, evidenţă. All materials or means admissable in a court of law to produce in the minds of the court or jury a belief concerning the matter at issue. proof = (n) probă, dovadă complaint = (n) plângere, reclamaţie; written statement of essential facts constituting the offense alleged, made under oath before a magistrate or other qualified judicial officer statement of/ by defense(am)/defence(be) = întâmpinare statement = (n) afirmaţie, declaraţie, depoziţie defendant = (n) acuzat, inculpat, pârât; person against whom a closing statement/argument = pledoaria finală a avocatului; discurs de încheiere/final Read and translate the following text into Romanian: Trial Procedures Trials begin with opening arguments delivered by attorneys for both sides, beginning with plaintiff s counsel, which in the case of most criminal prosecutions will be the government s attorney, such as a district attorney. These arguments present the judge and jury with an overview of the evidence each side intends to present and of their respective theory of the case. Plaintiff s counsel then presents his/her case. That starts with direct examination of the plaintiff s designated witnesses. Documentary or concrete evidence is introduced in the course of direct examination. Each side is permitted to ask open questions only of its own witnesses, unless that witness proves to be hostile, in which case he/she may be asked leading questions and even be cross-examined. Cross-examination is generally reserved for counsel for the opposing side, who can question each witness. The purpose of cross-examination is to discredit the witness. If cross-examination elicits testimony damaging to the party presenting its case, that party may seek to rebut or clarify it through redirect examination of the witness. When the plaintiff has presented all its evidence, the defense presents its case using the same process. After both sides have made their cases to the judge, or to judge and jury, plaintiff s counsel, then defendant s, delivers a closing statement summarizing his/her client s case. If it is a jury trial, the judge will then instruct the jurors on the applicable law. Juries deliberate, sometimes for weeks on end. If the trial is criminal in nature, the verdict must be unanimous. Its delivery often is followed by a long delay before the trial court pronounces judgment