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Universitatea „Nicolae Titulescu” Facultatea de Drept Anul universitar 2010 – 2011 Semestrul al II-lea TEXTS AND VOCABULARY EXERCISES Contents TYPES OF LAWS………………………………………………………………….……………..2 CENTRAL FEATURES OF THE ENGLISH LEGAL SYSTEM …………………………..….7 VOCABULARY EXERCISES Part 1 ……………………………………………………………………………………………..16 Part 2………………………………………………………………………………………………19 Part 3 ………………………………………..……………………………………………………22 1

Exercitii Vocabular Drept 2011 Sem 2

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Page 1: Exercitii Vocabular Drept 2011 Sem 2

Universitatea „Nicolae Titulescu”Facultatea de Drept

Anul universitar 2010 – 2011Semestrul al II-lea

TEXTS AND VOCABULARY EXERCISES

Contents

TYPES OF LAWS………………………………………………………………….……………..2CENTRAL FEATURES OF THE ENGLISH LEGAL SYSTEM …………………………..….7VOCABULARY EXERCISESPart 1 ……………………………………………………………………………………………..16Part 2………………………………………………………………………………………………19Part 3 ………………………………………..……………………………………………………22

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TYPES OF LAWS

1. Taken into consideration the following definitions of the word ’law’, explain what ‘law’ means in the following quotations:

LAW 1.binding or enforceable rule: a rule of conduct or procedure recognized by a community as binding or enforceable by authority2.piece of legislation: an act passed by a legislature or similar body3.legal system: the body or system of rules recognized by a community that are enforceable by established process• You are forbidden by law to enter the premises.4.control or authority: the control or authority resulting from the observance and enforcement of a community’s system of rules• Nobody is above the law.5.branch of knowledge: the branch of knowledge or study concerned with the rules of a community and their enforcement• went to school to study law

6. area of law: the body of law relating to a particular subject or area7. common law = evolved law: the body of law developed as a result of custom and judicial decisions, as distinct from the law laid down by legislative assemblies. Common law forms the basis of all law that is applied in England and most of the United States.8.lawyers: the legal profession9.legal action: legal action or proceedings10. law enforcement agent or agency: a person or organization responsible for enforcing the law, especially the police11. SCIENCE statement of scientific truth: a statement of a scientific fact or phenomenon that is invariable under given conditions• the laws of physics12. MATHEMATICS mathematical principle: a general relationship that is assumed or proved to exist between expressions13. general rule or principle: a general rule or principle that is thought to be true or held to be binding

QUOTATIONS:

1. Although we have some laws which are unfair to women, some women can live their whole lives and not know the law as it affects them. Taujan Faisal (1949 - ) Jordanian politician2. A judge is a law student who marks his own examination papers. H. L. Mencken (1880–1956), U.S. journalist, critic, and editor.3. Bad laws are the worst sort of tyranny. Edmund Burke(1729–1797), Irish-born British statesman and political philosopher4. Every law is a contract between the king and the people and therefore to be kept. John Selden (1584–1654), English historian, jurist, and politician5. Every law is an evil, for every law is an infraction of liberty. Jeremy Bentham (1748–1832), British philosopher, economist, jurist, and social reformer.6. Good men must not obey the laws too well. Ralph Waldo Emerson (1803–1882), U.S. poet and essayist7. How can law contradict the lives of millions of people and hope to be administered successfully? Richard Wright (1908–1960), U.S. novelist.8. Human law is law only by virtue of its accordance with right reason, and by this means it is clear that it flows from Eternal law. In so far as it deviates from right reason it is called an Unjust law; and in such a case, it is no law at all, but rather an assertion of violence. Thomas Aquinas (1225–1274), Italian theologian and philosopher.9. I have come to regard the law courts not as a cathedral but rather as a casino. Richard Ingrams (1937– ), British journalist.

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10. I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. Ulysses S. Grant (1822–1885), U.S. general and president.

2. Read the text and choose the word, A, B, C or D, which best replaces the following words.

a. coercive A. intimidating B. powerful C. thorough D. detailedb. remedy A. medication B. therapy C. solution D. solventc. mores A. faith B. belief C. logics D. ethicsd. orderly A. organizing B. organized C. elderly D. ordinarye. loom A. come out B. linger C. bewilder D. turn upf. resort A. spa B. spring C. recourse D. courseg. enactment A. endorsement B. portrayal C. portrait D. disapprovalh. kinship A. empathy B. relationship C. relativity D. reliabilityi. wrath A. sadness B. grievance C. grief D. ragej. appease A. get down B. put down C. calm down D. let downk. fairness A. perfection B. impairment C. disclosure D. impartialityl. loose A. eclectic B. small C. insignificant D. largem. supersede A. reconsider B. replace C. reestablish D. recommend

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Law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, is used to govern a society and to control the behavior of its members. The nature and functions of law have varied throughout history. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies.

Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition. Of course, a lawmaker may respond to public opinion or other pressures, and a formal law may prohibit what is morally unacceptable.

Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare.

Some experts believe the popular view of law overemphasizes its formal, coercive aspects. They point out that if a custom or norm is assured of judicial backing, it is, for practical purposes, law. On the other hand, a statute that is neither obeyed nor enforced is empty law. Social attitudes toward the formal law are a significant part of the law in process. The role of law in China and Japan, for example, is somewhat different from its role in Western nations. Respect for the processes of law is low, at least outside matters of business and industry. Tradition looms much larger in everyday life. Resort to legal resolution of a dispute is truly a last resort, with conciliation being the mechanism that is preferred for social control.

Law is not completely a matter of human enactment; it also includes natural law. The best-known version of this view, that God's law is supreme, has had considerable influence in the United States and other Western societies. The civil rights movement, for example, was at least partially inspired by the belief in natural law. Such a belief seems implicit in the view that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all. Muslim societies also embrace a kind of natural law, which is closely linked to the religion of Islam.

Law develops as society evolves. Historically, the simplest societies were tribal. The members of the tribe were bonded together initially by kinship and worship of the same gods. Even in the absence of courts and legislature there was law—a blend of custom,

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morality, religion, and magic. The visible authority was the ruler, or chief; the ultimate authorities were believed to be the gods whose will was revealed in the forces of nature and in the revelations of the tribal head or the priests. Wrongs against the tribe, such as sacrilege or breach of tribal custom, were met with group sanctions including ridicule and hostility, and, the tribe members thought, with the wrath of the gods. The gods were appeased in ritualistic ceremonies ending perhaps in sacrifice or expulsion of the wrongdoer. Wrongs against individuals, such as murder, theft, adultery, or failure to repay a debt, were avenged by the family of the victim, often in actions against the family of the wrongdoer. Revenge of this kind was based on tribal custom, a major component of early law.

Tribal society gradually evolved into territorial confederations. Governmental structures emerged, and modern law began to take shape. The most significant historical example is Roman law, which influenced most of the legal systems of the world. In the 8th century BC the law of Rome was still largely a blend of custom and interpretation by magistrates of the will of the gods. The magistrates later lost their legitimacy because of gross discrimination against the lower (plebeian) class. The threat of revolution led to one of the most significant developments in the history of law: the Twelve Tables of Rome, which were engraved on bronze tablets in the 5th century BC. They were largely a declaration of existing custom concerning such matters as property, payment of debts, and appropriate compensation or other remedies for damage to persons. The Twelve Tables serve as a historical basis for the widespread modern belief that fairness in law demands that it be in written form. These tables and their Roman successors, including the Justinian Code, led to civil-law codes that provide the main source of law in much of modern Europe, South America, and elsewhere.

The common-law systems of England, and later of the U.S., developed in a different manner. Before the Norman Conquest (1066), England was a loose confederation of societies, the laws of which were largely tribal and local. The Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that superseded the rules laid down by earlier societies. This legal system, known as the common law of England, began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society.

Modern legislatures and administrative agencies produce a much greater quantity of formal law, but the judiciary remains very important because of the continued vitality of the common-law approach even in matters of constitutional and statutory interpretations. Increasingly in civil-law countries, the subtleties of judicial interpretation and the weight of judicial precedents are recognized as involving the courts in significant aspects of lawmaking.

3. Continue the following statements (in most cases more than a word is needed):

1. Nowadays, in most of the countries, laws are the result of the work of a …………………… . 2. Laws can be classified into ………, …………. and ………………., depending on their

……………….. .3. There are societies where disputes are not normally ……………… . In countries such as,

……………. or ……………, going to court represents ……………….. .4. Natural law promotes ………………… .5. With tribal societies, wrongs were divided into wrongs against ……… and ………….. .6. The main source of law in much of modern Europe and South America is considered to be the

………… and the …………. .

4. Choose a suitable word from the list below to complete each of the following sentences:

1) resident 2) sovereign 3) voting 4) electoral5) prison 6) residence 7) election

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1. The UK Parliament exercises __________ power.2. On first arriving in Britain she applied for a/an __________ permit for one year.3. The register of electors is also known as the __________ roll.4. He worked for 20 years as a/an __________ officer in the top security wing.5. How long have you been __________ in the UK?6. TV plays an important part in modern __________ campaigns.7. Voters must show which candidate they choose at an election by putting a cross on their

‘ballot paper’ or ‘__________ paper’.

5. Fill in the table:

Verb Noun (thing or concept)

Noun (person) Adjective

dictate dictatorreign a. sovereign

b.

imprison a. prisonb.

elect a. electionb.

elector a.b. electivec. elected

a.b. registration

registrar registered

represent representativereside residentrecommend - recommendedapprove - approved

vote votingspend a. expenses

b.spender

preference - preferred

6. In the sentences below, fill the gaps with a suitable word derived from the word given in capitals on the left.

a. (ELECT) The president was __________ by a large majority.b. (REPRESENT) Members of the lower house of the American Congress are called __________.c. (ELECT) Nearly all British citizens over 18 are members of the __________.d. (REGISTER) The district (1) __________ is the official who (2) __________ births, marriages and deaths in a certain area.e. (SOVEREIGN) In the British constitution the Queen in Parliament is the legislative __________.f. [(1) VOTE] [(2) ELECT] Many British (1) __________ are in favour of changing the (2) __________ system.g. (SPEND) Sums of money which are (1) __________ to pay fees to lawyers are called legal (2) __________.h. (PRISON) Dangerous criminal are always sent to a/an __________ where there is very strict security.i. (RESIDE) For the purposes of tax, a person is __________ in the UK if s/he stays there for more than six months of the year.j. [(1)APPROVE] [(2)RECOMMEND] Parliament (1) __________ the (2) __________ of the special Commission last week.k. (ELECT) Direct __________ to the European Parliament are held every five years.

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7. Match each of the following words and phrases to the correct definition from the list below.

a) eligible b) constituency c) boundaryd) impartial e) safe seat f) marginal seat

(1) electoral area in which an MP is elected by only a small majority.(2) suitable, with the right qualifications.(3) electoral area in which it is certain that the candidate of one particular party will win.(4) dividing line that marks the limit between two areas.(5) electoral area in the UK which is represented by a Member of Parliament.(6) fair, not favouring one more than another.

8. Please remember:LAWS are separate, individual rules. A LAW is one individual rule, or one Act of Parliament.LAW or THE LAW is a whole system.Each rule, which we call A LAW, is part of the whole system, which we call LAW or THE LAW.

All the words in the box are used to refer to law and laws. Which terms are similar or equivalent? Which words are quite different from all the others?

(1) LAW (2) CONVENTION(3) RULE (4) ACT OF PARLIAMENT(5) STATUTE LAW (6) BILL(7) PROVISION (8) PRACTICE(9) LEGAL ENACTMENT (10) LEGISLATION

Complete the passage below by choosing the best word from the box for each gap. Do not use any word more than once. Choose the singular or plural form and the article a or an as appropriate.

English Laws A proposal of law, or (a) __________ only becomes a/an (b) __________ called a/an (c) __________ when all its (d) __________ have been approved by the Queen in Parliament. Many (e) __________ of English constitutional (f) __________ do not derive (come) from (g) __________ or common law, but are political (h) __________ called (i) __________, which have the force of law.

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CENTRAL FEATURES OF THE ENGLISH LEGAL SYSTEM

1. The Characteristics of English Law

Before you read the text look at the statements below then read the text to decide whether they are true (T) or false (F).

a. The law in Scotland is the same as the law in England.b. English law has evolved gradually.c. Most of the English law has been codified.d. The common law was developed by the judges.e. The judiciary is not independent of the government.f. The court structure of the English legal system is the same throughout the country.g. All the courts in the system are of equal authority.h. English judges collect evidence in the cases before them.

The United Kingdom does not have a single legal system. The law in Scotland was influenced by Roman law and is different from the law in England, Wales and Northern Ireland.

The English legal system is centralised through a court structure which is common to the whole country. It is hierarchical, with the higher courts and judges having more authority than lower ones. Some important characteristics of English law are:

1. English law is based on the common law tradition. By this we mean a system of ‘judge made’ law which has continuously developed over the years through the decisions of judges in the cases brought before them. These judicial precedents are an important source of law in the English legal system. Common law systems are different from the civil law systems of Western Europe and Latin America. In these countries the law has been codified or systematically collected to form a consistent body of legal rules.2. English judges have an important role in developing case law and stating the meaning of Acts of Parliament.3. The judges are independent of the government and the people appearing before them. This allows them to make impartial decisions.4. Court procedure is accusatorial. This means that judges do not investigate the cases before them but reach a decision based on the evidence presented to them by the parties to the dispute. This is called the adversarial system of justice. It can be compared to the inquisitorial procedures of some other European systems where it is the function of judges to investigate the case and to collect the evidence.

2. Common Law and Equity

Common law and equity represent a complex subject and that is why it is necessary to draw a distinction between them and the way the courts apply the rules of these two areas of law. The differences arise from their historical development. There follows several definitions of the expression ‘common law’ (you should be aware that ‘common law’ carries its meaning according to the context).

1. It is law which is common to the whole country – national law in contrast to local law.2. It is law which is based on judicial decisions (case law) in contrast to the law which is made by Parliament (statute law).3. It distinguishes the common law legal systems based on precedents from civil law jurisdictions based on civil codes.4. It comprises the rules developed by the common law courts in contrast to the rules developed by the courts of equity.

It is definitions 1 and 4 which form the subject matter of this section.

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2.1. The Development of Common Law

Read the following passage, then answer the questions which follow the passage.

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Prior to the Norman conquest in 1066, the legal system was decentralised. It consisted of local courts, the borough, shire and hundred courts, each applying its own local customary law. The Norman kings could have adopted this system by allowing the baron to whom a region had been given to run the court in that region. Indeed, by taking the office of sheriff and with it the administration of the shire court, some barons tried to do just that. However, the fear that barons would become provincial princes rivalling the power of the King was one of the main reasons which led to a strategy of judicial centralisation under Henry II (1154 – 1189). His reign saw the creation of a permanent royal court of ‘King’s Bench’ as it became known, sitting in London and manned by specialist judges. In addition, the King commissioned officials, usually judges of the central court, to travel round a circuit of the regions hearing the cases. These regional hearings were known as the ‘Assizes’ and dealt with both civil and criminal cases. Central control over the law was ensured by the procedure under which the legal issue in a case could first be decided by the royal courts in London, and then the legal ruling would be taken by the travelling judge to the region concerned where the facts would be tried and the ruling applied to the facts found at the trial. This strategy enabled the royal judges to apply common legal principles to most parts of the land – hence the term ‘common law’ which is still used to describe the English judge-made system of law.

a. Line 1: What does ‘it’ refer to?b. Line 3: ‘could have adopted this system’. Did they adopt it?c. Line 5: What did the barons try to do?d. Line 8: What was the ‘King’s Bench’?e. Where did the Assizes take place?f. Line 14: What does ‘where’ refer to?

2. 2. The Growth of Equity

Before reading the passage consider these questions:1. Why did the need for equity arise?2. Do the rules of equity remain different from the rules of common law?

Do not attempt to answer these questions at this stage, but think about them as you are reading.

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The student will learn quite early in his historical studies how equity came into being. He will learn how, in the Middle Ages the courts of common law failed to give redress in certain types of case where redress was needed, and how the disappointed litigants petitioned the King, who was the ‘fountain of justice’ for extraordinary relief; how the King, through his Chancellor, eventually set up a special court, the Court of Chancery, to deal with these petitions; and how the rules applied by the Court of Chancery hardened into law and became a regular part of the law of the land. The most important branch of equity is the law of trusts, but equitable remedies such as specific performance and injunction are also much used. The student will learn how, in case of ‘conflict or variance’ between the rules of common law and the rules of equity, equity came to prevail. This was by means of what was called common injunction. Suppose that A brought an action against B in one of the common law courts, and in the view of the Court of Chancery the action was inequitable, B’s proper course was to apply to the Court of Chancery for an order, called a common injunction, directed to A and ordering him not to continue his action. If A defied the injunction the Court of Chancery would put him in prison for contempt of court. Equity thus worked ‘behind the scenes’ of the common law action; the common law principles were theoretically left intact, but by means of this intricate mechanism they were superseded by equitable rules in all cases of ‘conflict or variance’. The result justified the sarcasm of the critic who said that in England one court was set up to doing justice and another to stop it. This system went on until 1875, when as a result of the Judicature Act 1873 the old courts of common law and the Court of Chancery were

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abolished, and in their place was established a single Supreme Court of Judicature, each branch of which had full power to administer both law and equity. Also, common injunctions were abolished and instead it was enacted that, in cases of “conflict or variance” between the rules of common law, the rules of equity should prevail.

Using words from the text and, where necessary from your dictionary, complete the table below:

Noun Verb Adjective1. ……. to petition 2. ………..history x 3. ………..equity x 4. ………..x x 5. * ………6. ………. 7. …………. specific8. ………. to abolish xlitigant 9. …………. x* give the opposite of 4.

Use the following prepositions to complete the following case study below:

for (x2) to (x4) of in by from

The plaintiffs owned a house next door (1) _________ the defendant’s factory. Sometimes black smoke from the factory chimneys would blow across the plaintiffs’ garden. The plaintiffs sued the owners of the factory complaining (2) _________ damage caused (3) _________ plants in their garden (4) _________ the smoke and loss of enjoyment of their property. They sought damages and an injunction to prevent the defendants using their premises as a factory.Held: That the owners of the factory were liable (5) _________ the plaintiffs (6) _________ the tort of private nuisance. The plaintiffs were awarded damages (7) _________ the loss of their plants and granted an injunction restricting the use of the defendants’ property. It was reasonable that the defendants should use their premises as a factory but not (8) _________ a way which would cause nuisance (9) _________ adjoining property. The injunction would apply until the defendants were able to control the smoke (10) _________ their chimneys.

Complete the passage below by choosing the correct words from the list:

fairness common (x2) criminal Supreme separateremedies judge-made decentralised decided factsChancery barons redress equity permanentjustice King’s Bench Judicature maxims civil

Before the Norman conquest the law in England was (1) _________. Fear of the power of local (2) _________ led Henry II to create a (3) _________ royal court in London called the (4) _________. Judges from his court would travel the country hearing (5) _________ and (6) _________ cases. The central court in London (7) _________ the legal issue in a case and this would be applied to the (8) _________ in the regional courts. In this way a (9) _________ system of law was developed which was (10) _________ to most parts of the country.

Equity was developed by the Court of (11) _________. It introduced new (12) _________ to provide (13) _________ for disappointed litigants. The common law courts were (14) _________ from the Court of chancery until a single court established by the (15) _________ Act 1873. Each branch of the (16) _________ Court of Judicature can administer (17) _________ law and (18) _________. However, the difference between the two is still important because of the (19) _________ of equity. These illustrate that equity is based on (20) _________ and (21 ) _________.

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3. Classifications of law

There are many ways in which the law can be classified. Here we shall limit our discussion to the difference between criminal and civil law and substantive and procedural law.

3. 1. Criminal and civil law

A simple distinction between criminal law and the civil law is that the latter regulates the relationships between individuals or bodies and the former regulates the legal relationships between the state and individuals or bodies and individual people and bodies.

The first practical difference is seen in the parties to the legal action. A civil case will involve two or more individual people or bodies whilst the parties to a criminal case will be the state and an individual person or body. Another difference is reflected in the terminology and procedure of the law.

Examples of civil law include the law of contract, tort (literally meaning wrong) and property. Consider the following situation.

You decide to buy a radio from a local shop. You pay the correct price and take the radio away. You have entered under a contract with the owner of the shop. After two days the radio fails to work.

This is a common situation and usually the shopkeeper will replace the radio or return your money. If not, you may wish to take legal action to recover your loss. As the law of contract is part of the civil law the parties to the action will be you (an individual) and the owner of the shop (an individual person or body).

Now let us look at some examples of the criminal law. This is the law by which the state regulates the conduct of its citizens. Criminal offences range from the petty (e.g. parking offences) to the very serious (e.g. murder, rape). Look at the following situation.

You are driving your car at 70 m. p. h. in an area which has a speed limit of 40 m. p. h. You are stopped by a police officer and subsequently a case is brought against you for dangerous driving.

This is a criminal offence. The parties to the action will therefore be the state (in the form of the prosecuting authority) and you (an individual)

A further point to make is that although the division between civil and criminal law is very clear, there are many actions which will constitute a criminal offence and a civil wrong. Let us look again at the situation where you are driving your car too fast. Suppose that while you were doing this you knocked over and you injured an elderly lady. You will have committed a criminal offence (dangerous driving) and a civil wrong (negligence)

Let us examine this more fully by reading the following extract.

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These examples show that the distinction between a crime and a civil wrong cannot be stated as depending upon what is done, because what is done (or not done) may be the same in case. The true distinction resides, therefore, not in the nature of the wrongful act but in the legal consequences that may follow it. If the wrongful act (or omission) is capable of being followed by what are called criminal proceedings, that means that it is regarded as a crime (otherwise called an offence). If it is capable of being followed by civil proceedings, that means that is regarded as a civil wrong. If it is capable of being followed by both, it is both a crime and a civil wrong. Criminal and civil proceedings are (in the normal case) easily distinguishable: the procedure is different, the outcome is different, and the terminology is different.

In criminal proceedings, the terminology is as follows. You have a prosecutor prosecuting a defendant, and the result of the prosecution if successful is a conviction, and the defendant may be punished by one of a variety of punishments ranging from life imprisonment to a fine, or else may be released on probation or discharged without punishment or dealt with in various other ways.

Turning to civil proceedings, the terminology generally is that a plaintiff sues (e.g. brings an action against) a defendant. The proceedings if successful result in judgement for the plaintiff, and the judgement may order the defendant to pay the plaintiff money, or to

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transfer property to him, or to do or not to do something (injunction), or to perform a contract (specific performance).

It is hardly necessary to point out that the terminology of the one type of proceedings should never be transferred to the other. ‘Criminal action’, for example, is a misnomer; so is ‘civil offence’ (the proper expression is ‘civil wrong’). One does not speak of a plaintiff prosecuting or of the criminal accused being sued. The common announcement ‘Trespassers will be prosecuted’ has been called a ‘wooden’ lie, ‘for trespass has traditionally been a civil wrong, not (generally) a crime.

Again, the word ‘guilty’ is used primarily of criminals. the corresponding word in civil cases is ‘liable’; but this word is also used in criminal contexts.

Civil and criminal courts are partly but not entirely distinct. The Crown Court has almost exclusively criminal jurisdiction. Magistrates are chiefly concerned with criminal cases, but they have important civil jurisdiction over licensing and family matters. On the other hand, the county court is only civil, and so is the High Court apart from appeals.

Complete the table below by placing the following words and phrases in the correct column:civil wrong crime Crown Court guilty plaintiff life

imprisonmentto convict defendant to prosecute conviction liable county courtjudgement for the plaintiff prosecutor punishment to punish offence

Civil Criminalcivil wrong……

crime…….

Find the correct word(s)in the passage to complete the following sentences. Try to remember the words from the previous exercise.

a. A criminal case is brought by a ___________.b. The person charged with the criminal offence is the ___________.c. The party bringing a civil action is the ___________.d. A civil action is brought against the ___________.e. A court order not to do something is an ___________.f. The defendant in a civil case is ___________ by the plaintiff.g. A successful criminal prosecution will result in a ___________.h. If the plaintiff is successful, the defendant will be found ___________.i. The distinction between crimes and civil wrongs relates to the ___________ of the act.

Below, in note form, is an outline of criminal and civil proceedings. Some gaps have been left for you to complete.

Criminal Proceedings: Prosecutor (a) ___________ defendant (if def. guilty) conviction (b) ___________ or (c) ___________ or (d) ___________ Civil Proceedings: (e) ___________ (f) ___________ (if pl. successful) liable (g) ___________ or (h) ___________ or (i) ___________

A further difference between civil and criminal law is the way that cases are cited.

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It is helpful to know certain rules for the naming of cases. Trials on indictment are in the name of the Queen (as representing the State); thus a criminal case is generally called Reg. v. whomever it is – Reg. being short for Regina, and v. being short for versus. When there is a king on the throne, Rex is used instead of Reg. Rex and Regina both conveniently abbreviate to R., which saves having to remember which is which. Thus Rex v. Sikes or Reg. v. Sikes may both be written R. v. Sikes. Some textbooks on criminal law even print simply Sikes.

In some types of criminal case the title of the case will not contain Rex or Reg. before the ‘v.’, but will contain the name of a private person. This happens when the case is tried summarily before magistrates (i.e. justices of the peace); here the name of the actual

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prosecutor (e.g. a policeman) appears instead of the nominal prosecutor, the Queen.Civil cases will usually be cited by the names of the parties, thus: Rylands v. Fletcher.

If the Queen (as representing the Government) is a party, she is, in civil cases, usually called ‘The Queen’, and similarly with the King, thus: British Coal Corporation v. The King; but R. may also be used.

There are peculiar conventions in pronouncing the names of cases. (1) A criminal case, such as R. v. Sikes, can be referred to informally as ‘R. v. Sikes’ (pronounced as written), or ‘Rex (or Regina) v. Sikes’ (again pronounced as written). In court, however, the proper method is to call it ‘The King (or The Queen) against Sikes’. (2) In civil cases the ‘v.’ coupling the names of the parties is pronounced ‘and’, both in court and out of it. Thus Smith v. Hughes is always pronounced (but never written) ‘Smith and Hughes’, and similarly, British Coal Corporation v. The King (which was a civil proceeding against the Crown) is pronounced with an ‘and’. Lawyers thus write one thing and say another.

N.B. The language for naming cases given in the extract is very formal. In citing all cases in your daily studies it is usual to pronounce the ‘v.’ in both criminal and civil cases as ‘and’.

What is wrong with the following situation and why?

Bob has been charged with murder and is sued in the county court. The plaintiff is successful in the action and Bob is found liable. He is punished by being ordered to pay the plaintiff £10,000 in damages.

Are the following cases civil or criminal?

a. Gibson v. Manchester County Jailb. Leaf v. International Galleries

c. R. v. Batemand. Leach v. R.

Put each of the following words and phrases into the correct place in the passage below.bigamy civil classes community countries crimes criminal

lawfelony fine forgery laws life

imprisonmentmisdemeanour offences

penalty person prison state term

Crime violates the law of a community, (1) ________ or nation. It is punishable in accordance with these (2) ________. The definition of crime varies according to time and place, but the laws of most (3) ________ consider as crimes such (4) ________ as arson, burglary, (5) ________, murder and (6) ________.Not all offences against the law are (7) ________. The laws that set down the punishments for crimes form the (8) ________. This law defines as crimes those offences considered more harmful to the (9) ________. On the other hand, a (10) ________ may wrong someone else in some other way that offends the (11) ________ law.The common law recognises three (12) ________ of crime: treason, (13) ________ and misdemeanour. Death or (14) ________ is the usual (15) ________ for treason. Laws in the United States, for example, define a felony as a crime that is punishable for a (16) ________ of one year of more in a state or federal (17) ________. A person who commits a (18) ________ may be punished by a (19) ________ or a jail term of less than one year.

3.2. Substantive and procedural law

Substantive law is defined in the following way: ‘Substantive law lays down people’s rights, duties, liberties and powers.’ By this is meant the actual content or substance of the law. These are the rules on which the courts base their decisions. Procedural or adjective law is also a set of rules. As you read the next passage think about these questions: Why was procedure so important in the past?

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Is procedure still important today?

5

10

15

20

Rules of procedure or ‘adjective’ law, as it is sometimes called, are the rules which determine the course of an action; they govern such matters as how the case is to be presented, in what court it shall lie, or when it is to be tried. Procedural rules are, in other words, the rules which govern the machinery as opposed to the subject matter of litigation. It is a striking fact, much remarked upon by historians, that in the earlier stages of legal development these rules assume paramount importance: form is better understood than substance, and in early law formal requirements, rather than abstract principles usually determined legal rights. Because the development of the common law has been continuous this early dominance of procedure has had a lasting influence in upon many of the doctrines of the modern substantive law. Generally speaking, however, procedure, though it is of great importance to the practitioner, is today treated as the servant and not the master of substance, and the rules of procedure are now more flexible than once they were. They derive from various sources. Most proceedings in the Supreme Court (that is, most of the more important civil proceedings) are now governed by a code of rules known as the Rules of the Supreme Court (R.S.C.).

These rules, which were originally authorised by the Judicature Acts 1873-1875, are amended from time to time, under powers first conferred by those Acts, by a committee known as the ‘Rule Committee’ which is headed by the Lord Chancellor. The R.S.C. are set out in the Annual Practice (The ‘White Book’). Similar rules are laid down for the County Courts: these appear in the County Court Practice. With some exceptions – such as the magistrates’ courts rules – the rules of criminal procedure have not been codified; they are to be found in works such as Archbold’s Criminal Pleading, Evidence and Practice and Stone’s Justices’ Manual, which treats of the work of the magistrates’ courts.

Are the following statements true (T) or false (F)?1. The rules of civil procedure are codified.2. None of the rules of criminal procedure have been codified.3. In the past legal rights depended mainly on abstract principles.4. Procedure is not important today.5. Lines 8-9 mean: ‘nowadays the principles of law should control procedure’.

In the text the following words and phrases are used to discuss the distinction between substantive and procedural law. Use them to complete the table below:machinery form substance abstract principlessubject matter formal requirements adjectival substantive …………law …………law

Give the name of the defined law breaker who:1. steals2. steals purses and wallets3. gets money by threatening to disclose personal information4. seizes airplanes5. takes things without paying6. kills people7. steals from houses and offices8. steals from banks or trains9. takes people hostage for a ransom10. steals government secrets11. wilfully destroys property12. marries illegally while being married already

_ _ _ _ __ _ _ k _ _ _ _ _ __ _ _ _ k _ _ _ _ _ _h _ _ _ _ _ _ _ _ _ _ _ _ _ i _ _ _ __ _ r _ _ _ _ __ _ _ g _ _ _ _ _ b _ _ __ _ _ n _ _ _ _ __ _ _v _ _ _ _ _b_ _ _ _ _ _ _

Match the criminal to the definition:

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1. an arsonist 2. an assassin 3. a deserter4. an embezzler 5. a forger 6. a fraud or con man7. a hooligan 8. a mugger 9. a poacher10. racketeer 11. a smuggler 12. a terrorist

a) tries to enforce his political demands by carrying out threatening acts of violence;b) pretends or claims to be what he is not;c) makes money by dishonest business (e.g. using dishonest methods in order to sell worthless

goods);d) steals from his own company;e) attacks and robs people, especially in public places;f) sets fire to property;g) kills for political reasons or reward;h) brings goods into one country from another illegally;i) hunts illegally on somebody else’s land;j) makes false money or documents;k) a soldier who leaves the armed forces without permission;l) causes damage or disturbance in public places.

Match each punishment to its description:1. capital punishment2. corporal punishment3. eviction4. a heavy fine5. internment6. penal servitude7. a prison sentence8. probation9. solitary confinement10. a suspended sentence

a. a period of time in jailb. being made to do especially hard work while in prisonc. deathd. a punishment imposed only if you commit a further crimee. a large sum of money to payf. whipping or beatingg. regular meetings with a social workerh. removing (a person) from a house or land by lawi. limiting the freedom of movement especially for political reasonsj. being imprisoned completely alone

For questions 1-10, read this text. Use the word given in capitals at the end of each line to form a word that fits in the space in the same line.The Metropolitan police have launched a nationwide hunt for the (1) __________ of a wealthy businessman, Charles Webster, who was held for ransom at the weekend.The police are offering 25 000 pounds for (2) __________ leading to the arrest of the (3) __________. Webster, chairman of the famous chocolate factory Candberry Sweets and father of three, was released on Monday after his (4) __________ paid a ransom of nearly one million pounds. The three wanted men are all highly (5) __________, escaped convicts.Webster told (6) __________ how his ordeal began last Friday morning as he was on his way to work. The 55-year-old (7) __________ was dragged from his car at gunpoint by two men who took him to an (8) __________ destination. They then telephoned Webster’s brother, who is also the family (9) __________, demanding a ransom of a million pounds and warning him not to involve the police in (10) __________. On Monday morning, the two sides came to a compromise agreement and the kidnappers released Webster in exchange for 850 000 pounds.

KIDNAP

INFORMCRIME

RELATEDANGER

JOURNALBUSINESS

KNOWLAWNEGOTITATE

Evidence, proof and clue are words that are often confused. Match these words with their definitions:- information used in court to decide whether the accused is guilty or not;- information that shows that something is definitely a fact or not;- information or sign that helps you to find the correct answer.

Complete these sentences using one of the words above:

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1. Have you any __________ that you were at home on the night of the murder?2. Several witnesses gave __________ about the crime.3. Are there any __________ as to who might have committed the crime?4. The blood on his clothes may be useful __________ but it is not absolute __________ that he

is the murderer.5. I can’t guess who is coming for dinner. Can you give me a __________?

Read the text below. Use the word given in capitals at the end of each line to form a word that fits in the space on the same line.

Modern technological advances have led to great changes in police work. Whilst computer (1) __________ are importantin allowing the police to store efficiently the (2) __________ they need, computer technology has also helped (3) __________,particularly those making (4) __________ of banknotes and other documents.

The police can no longer rely on (5) __________ and other more traditional methods of (6) __________. Theyhave to keep up to date with (7) __________ in manyfields. For example, the (8) __________ of the cordlesselectric drill left them (9) __________ against robbers of telephone boxes.

The police now devote more time to the (10) __________ of crime, buy giving advice to motorists and householders about how to protect their possessions.

NETINFORMCRIMEFORGE

FINGERDETECTDEVELOPINVENTPOWER

PREVENT

A. Match the following words to their definitions:provision enforce working convention arise expedience observance statuteoffice assent ensuing ground works bound to affair custom

1. legal clause stating condition: a clause in a law or contract stating that a particular condition must be met

2. agree to something: to agree to something or express agreement3. functioning: capable of being used or operated4. support something: to base ideas, arguments, or beliefs on something5. occur: to happen or come into existence, or be noticed or heard6. coming next: happening next or as a result7. law enacted by legislature: a law established by a legislative body8. make people obey something: to compel obedience to a law, regulation, or command9. sure, unquestionable, undisputable, certain, definite, guaranteed, assured10. large department in some governments: a major executive branch in some national

governments11. tradition like law: a traditional practice that is so long-established and universal that it has

acquired the force of law12. formal agreement: an agreement between groups, especially an international agreement

slightly less formal than a treaty13. writing, written material14. appropriateness: the usefulness, appropriateness, or advisability of something, especially of a

particular action or type of behaviour in a particular situation15. business matter: a matter that has been attended to or that needs attention, especially

business16. compliance: the execution of or compliance with laws, instructions, or customs

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VOCABULARY EXERCISES

PART 1

1. Here are some expressions connected to a law court trial. Put them in the right order:

a. to bring sb. to court b. to accuse sb. of sth.c. to return a verdict d. to give evidencee. to pass a sentence f. to arrest on a charge ofg. to plead guilty h. to commit a crime i. to prosecute j. to win a casek. to release on bail

2. What do you call a person who:

a. pleads a case in court;b. undertakes legal business for ordinary people;c. gives evidence in trial;d. is summoned to court to give a verdict in a case;e. presides over a magistrates’ court;f. is brought to the court on the initiatives of the parties.

3. Find definitions for the following words or phrases:

statute law, counsel, Bar, Conveyancing Law, custom, Law of Tort, solicitor, Equity, Chancery Division, common law, barrister, tort, Lord Chancellor.

1. a ~ (in Scotland ‘advocate’) is a member of the legal profession who has been ‘called to the Bar’ when they are admitted to practise before the court.

2. the ~ is the profession of barrister, and a collective term for all barristers (in the US all lawyers). Barristers are ‘called to the ~’ when they are admitted to practise before the court.

3. ~ is the term for a barrister or barristers conducting a law case (~ for the prosecution).4. a ~ is a member of the legal profession who advises clients and may represent them in

inferior courts. They instruct counsel and deal with conveyancing, wills, trusts, commercial work, litigation, etc.

5. ~ is the area of law relating to the practical transfer of property, especially land.6. ~ is a civil wrong which is not only a breach of contract, for which the person who suffers

harm can obtain damages in a civil court~ is the law relating to torts, i.e. civil wrongs independent of contract.

7. ~ is a special area of English law, which was first created by the Lord Chancellor, then developed by the Court of Chancery (now called the Chancery Division of the High Court). It consists of rules and remedies which supplement the common law when this is necessary for justice in a particular case.

8. ~ is the chief judicial officer in the British constitution. S/he is a peer and a Cabinet Minister, Speaker of the House of Lords, president of the Supreme Court and of the House of Lords sitting as a final court of appeal. S/he appoints magistrates, recommends people for high judicial office, and has responsibility for the administration of the courts, law reform, etc.

9. ~ is a division of the High Court of Justice, presided over by the Lord Chancellor with jurisdiction over cases concerning the law of property, trusts, etc.

10. ~ is the body of law based on custom which is administered and developed by the courts in judicial decisions. It contrasts with statute law, Equity and civil law. A ~ legal system is one based on the English ~ as opposed to the one based on the civil law of Rome.

11. ~ is the body of law contained in Acts of Parliament as opposed to case-law.12. in English law, a ~ is a practice which has been followed for so long that it has the force of

law; it is the original source of the common law

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4. Read the text and then, for questions 1-4, choose the correct answer A, B, C or D.

1. What did the English noblemen think about themselves? They thought that:a) they were stronger than common people.b) they were very similar to God.c) God himself had ‘sent’ them on Earth.d) they were equal to common people.

2. What is Magna Carta?a) The Constitution of England and Scotland.b) A charter from the 12th century.c) An Act of Parliament.d) A political document establishing the relationships between the king and his vassals.

3. Who agreed that the political power should be divided among the monarchy, the aristocracy, and the wealthy commercial class?

a) Elizabeth Ib) King Johnc) the Church of Englandd) The Tudors

4. Which is the main feature that distinguishes Anglicanism from Catholicism?a) Anglicanism has a different hierarchical structure.b) Anglican priests are not bachelors.c) Anglicanism is a world religion.d) There is no distinguishing feature. The two religions are very similar.

British Political and Social Thought

Many of the central ideals of government that are taken for granted today have their origins in the traditions of British social and political thought. Respect for the rule of law and rejection of arbitrary and despotic authority are rooted in the English tradition. The parliamentary system of government that exists in many countries is a legacy of British political and social thought. Peaceful, evolutionary reform—as opposed to violent, revolutionary change—and respect for individual rights also derive in part from British political thought. Indeed, the basic notions of liberal and conservative stem from British tradition, as do the workings of politics and government in much of the world today.

The British model of parliamentary democracy has influenced many nations, including the United States. The thought behind this system of government began to take form during a particularly tumultuous period in British history: the English Revolution of 1640 to 1660. The seeds of the revolution were planted in the 16th century, when the monarchy and the British Parliament competed for political authority. During that period a fundamental transformation occurred: Thinkers began to challenge the very assumptions and ideals underlying British government. At the beginning of the 16th century, the ruling ideas in England were those of the nobility who held the view that they were God’s agents on Earth. Since their power over common people derived from God, the resulting political and social inequality was, in effect, divinely ordained.

DIVISION OF POWER UNDER THE TUDORS

In the 16th century the ruling Tudor monarchy increased the level of cooperation among royalty, local aristocrats, and wealthy merchants. Although the Tudors maintained their belief in the divine right of kings—the doctrine that rulers derive their right to rule directly from God—they demonstrated an unprecedented willingness to share power with the elites of the realm. Division of power in England dated back to the Magna Carta, sealed in 1215 by King John, which decreed that the king's nobles must be consulted over issues of taxation. In the late 16th century Queen

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Elizabeth I shared authority and actively sought guidance from the British Parliament. At that time Parliament consisted of the House of Lords, representing landed aristocrats, and the House of Commons, representing the wealthy commercial classes. In cooperation with Parliament, the Tudors established a mixed constitution, a set of rules both formal and informal that regulated the workings of government. The British constitution differs from the constitutions of the United States and many other nations because it is not a single document; instead it is a complex collection of acts of Parliament, judicial rulings, statutes, and conventions.

The British constitution, as it evolved under the Tudors, established that power would be shared among the monarchy, the aristocracy, and the wealthy commercial class. In the religious realm the Tudors compromised as well. They followed the Protestant break from the Roman Catholic Church and established Anglicanism as the national Church of England. Anglicanism maintained many features of Catholicism, such as a hierarchical clergy presided over by archbishops and bishops, but it included some important differences from Catholicism, such as allowing Anglican priests to marry.

5. Translate the text above into Romanian.

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PART 2

1. Choose the correct answer:

1. It was one of the few crimes he did not ……….a. achieve b. commit c. make d. perform

2. The ………. are still holding twelve people hostage on the plane.a. bandits b. guerrillas c. hijackers d. kidnappers

3. He was charged with a(n) ………. of currency regulations.a. break b. breach c. disrespect d. observance

4. Our insurance policy offers immediate ………. against the risk of burglary, accident or damage by fire.

a. care b. cover c. relief d. security5. The man jumped out of the window and committed ……….

a. death b. homicide c. murder d. suicide6. Thieves will be ……….

a. liable b. lifted c. persecuted d. prosecuted7. The police blamed a small hooligan ………. in the crowd for the violence which occurred.

a. constituent b. division c. element d. portion8. The police said there was no sign of a ………. entry even though the house had been burgled.

a. broken b. burst c. forced d. smashed9. The police car raced down the street with the ………. blaring.

a. alarm b. bell c. gong d. siren10. The tourist’s camera was ………. because he had brought it into the country illegally.

a. bereaved b. confiscated c. deprived d. extorted11. Look, officer. I’m not drunk. I’m as ………. as a judge.

a. calm b. clear c. sober d. steady12. He said he would sue us, but I don’t think he’ll ………. his threat.

a. achieve b. bring about c. carry out d. perform13. The conspirators were plotting the ………. of the government.

a. catastrophe b. disaster c. demolition d. overthrow14. The thieves ………. the papers all over the room while they were searching for the money.

a. broadcast b. scattered c. sowed d. strayed15. Ms Goodheart was completely ………. by the thieves disguise.

a. taken away b. taken down c. taken in d. taken up16. The police caught the thief ……….

a. in black and white b. in red c. red-handed d. true blue17. He was arrested for trying to pass ………. notes at the bank.

a. camouflaged b. counterfeit c. fake d. fraudulent18. He offered me $500 to break my contract. That’s ……….

a. blackmail b. bribery c. compensation d. reward19. The child was kidnapped by a notorious ………. of robbers.

a. crew b. gang c. staff d. team20. The burglar ………. silently into the room.

a. crept b. stood c. strode d. wandered

2. Match the following expressions to their definitions below:

1. proceedings2. procedure3. succession

5. damages6. tort7. negligence

9. defamation10. custody11. plaintiff

13. petitioner14. alleged

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4. damage 8. nuisance 12. injunction

a. (~ to sth) loss of value, attractiveness or usefulness caused by an event, accident, etc. The accident did a lot of ~ to the car.b. private or civil wrong (other than breach of contract) for which the wronged person may claim damages.c. an attack on somebody’s good name, character, or reputationd. the plaintiff in a civil action who presents a formal written pleading to a court e. (~ against sb/for sth) lawsuit; start ~ (against sb) for divorcef. money paid or claimed to as compensation for loss or injury. The court awarded $5000 ~ to the injured man.g. lack of proper care or attention; carelessness. He was accused of criminal ~.h. right of succeeding to a title, the throne, property. Who is first in ~ to the throne?

i. the legal right and responsibility for raising a child and personally supervising the child’s upbringing, especially the right to keep the child in your homej. thing, person or behaviour that is troublesome or annoying. The noise was so loud that it was a ~ to the neighbours

k. somebody who begins a lawsuit against another person (defendant) in a civil courtl. (regular) order or way of doing things, especially in business, law, politics, etc. Stop arguing about the use of questions of ~ and let’s get down to business

m. claimed but not yet proven to have taken place, have been committed, or be as describedn. a court order that requires somebody involved in a legal action to do something or refrain from doing something

3. Choose the right answer:

1. The spy _________ the desk in an attempt to find the secret documents.a. invaded b. kidnapped c. looted d. ransacked

2. The safe deposit box _________ a high-pitched sound when it was moved.a. ejected b. emitted c. expelled d. excluded

3. He _________ his fist and threatened to hit me.a. clenched b. clutched c. grabbed d. gripped

4. Thieves got away with a __________ of jewellery worth thousands of pounds. a. catch b. haul c. loot d. snatch

5. The burglar’s presence was betrayed by a ________ floorboard.a. cracking b. creaking c. crunching d. groaning

6. Smugglers consistently _________ import regulations.a. break b. flaunt c. float d. flout

7. Luckily, my wallet was handed into the police with its contents ________ .a. contained b. intact c. missing d. preserved

8. The intruder was badly _________ by the guard dog in the palace garden.a. damaged b. eaten c. mauled d. violated

9. When the police examined the house, they found that the lock has been ________ with.

a. broken b. hindered c. tempered d. touched10. The hooligan ________ the money out of my hand and ran away.

a. clutched b. gripped c. snatched d. withdrew11. The policeman asked the suspect to make a/an __________ .

a. account b. declaration c. deposition d. statement12. The unruly ________ was broken by the police.

a. collection b. congregation c. group d. mob13. Prince Andrew was found dead in his room this morning. The police have _________ any suggestion of foul play.

a. discounted b. neglected c. omitted d. overlooked14. The chief of police said he saw no _________ between the four murderers.

a. communication b. connection c. join d. joint15. The detective stood _________ behind the door waiting for the assailant.

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a. immovable b. lifeless c. motionless d. static16. The police arrested the wrong man mainly because they __________ the names they had been given to the witnesses.

a. bewildered b. confused c. merged d. puzzled17. The police __________ of the street where the bomb had gone off.

a. battened b. cordoned c. fastened d. shuttered18. The police set a __________ to catch the thieves.

a. device b. plan c. snare d. trap19. The police asked if I thought I could ________ the man who stole my car if I looked at some photos.

a. certify b. identify c. justify d. verify20. The policeman was ___________ when he saw a light in the office.

a. deductive b. disturbing c. suggestive d. suspicious21. The inspector was very _________ and he rechecked the evidence several times.

a. attentive b. complete c. thorough d. thoughtful22. The police who were __________ the crime could find no clues at all.

a. enquiring b. investigating c. researching d. seeking23. We promise not to reveal your ________ if you tell us who the murder is.

a. anonymity b. identification c. identity d. personality24. The police are _______ the town for the stolen car.

a. combing b. investigating c. looking d. seeking25. The police have not yet found a possible ________ for the murderer.

a. example b. motive c. principle d. understanding26. The police ________ their attention to the events that led up to the accident.

a. completed b. confined c. confirmed d. contained27. As he was caught in _______ of a gun, he was immediately a suspect.

a. control b. handling c. ownership d. possession28. As the result of the police ________ on the disco, ten people were arrested.

a. entry b. invasion c. raid d. storm29. I was informed by the police constable that he would be forced to take me into ___________.

a. confinement b. custody c. detection d. guardianship30. It is the responsibility of the police to _______ the laws, not to take it into their own hands.

a. compel b. enforce c. force d. press

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PART 3

1. Choose the correct answer:

1. After the accident, the policeman asked if there had been any __________.a. observers b. onlookers c. spectators d. witnesses

2. The police was ___________ in their examination of the murder site. a. concentrated b. exhausting c. intense d. thorough

3. The police made sure everyone stood well _______ of the fire.a. away b. clear c. free d. out

4. Why don’t the police take _______ measures against crime?a. affective b. effective c. efficient d. ineffective

5. The ________ sentenced the accused to 15 years in prison. a. barrister b. counsel c. judge d. solicitor

6. If you can’t resolve the dispute, it will have to be settled by ______.a. arbitration b. court. c. election d. referee

7. His comments _______ little or no relation to the facts of the case.a. bear b. give c. possess d. reflect

8. They all thought he was guilty, but no one could _______ anything against him.a. accuse b. ensure c. prove d. point

9. It has been decided to hold a Public __________ into the cause of the accident.a. autopsy b. examination c. inquiry d. interrogation

10. To protect victims from blackmail, their names are often ________ in court.a. covered b. erased c. hidden d. not given

11. The youth involved in the disturbance at the demonstration made a/an _________ to the police.

a. account b. notice c. statement d. summary12. I __________ to say anything unless I’m allowed to speak to my solicitor.

a. deny b. neglect c. refuse d. resist13. I should like to call two ___________ who can testify on my clients behalf.

a. witnesses b. onlookers c. passers-by d. spectators14. You are surely not suggesting that these ____________ young children would have

planned such an evil deed.a. innocent b. lovely natural d. pure

15. The case against Mary Wrongdoer was _________ for lack of evidence.a. discarded b. dismissed c. refused d. resigned

16. The new laws come into __________ on May 15.a. condition b. date c. force d. power

17. The ___________ question in this case is whether the accused had a motive for his crime or not.

a. crucial b. forcible c. supreme d. valuable18. The driver admitted that the accident was partly his own _________.

a. blame b. cause c. fault d. evil19. The suspect has a __________ on his right cheek.

a. point b. scar c. sign d. trace20. It is a criminal offence to __________ the facts.

a. express b. oppress c. repress d. suppress

2. Complete these sentences using the nouns in the box.

authority control doctrine powerspresidency remedy right trust

1) The Divine _________ of Kings is an ancient doctrine according to which sovereigns are representatives of God and derive their right to rule directly from God.

2) Both Bush and Kerry competed for the _________ of the US in 2004.3) In the feudal society, the king represented the source of _________.

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4) The Pope delegates the executive _________ to a governor who is responsible directly to him.5) A traitor is a person who betrays one’s country, cause or _________.6) If the debt arises out of an ordinary business or commercial transaction, the creditor's

_________ against the debtor for failure to pay is to bring an action for breach of contract.7) In the 18th century, England exercised both political and economic _________ over its colonies.8) Because determinism is generally assumed to be true of all events except volition, the

_________ is of greatest importance when applied to ethics.

3. Match the terms 1-10 to their meanings a-j:

1) outlay a) a person's way of looking at something 2) outlook b) statement of the chief facts or points 3) outfit c) person punished by being placed outside the protection of the law; criminal 4) outdoors d) done, existing, used outside a house or a building 5) outcast e) all the clothes, articles needed for a purpose 6) outline f) place where water flows out of a lake, river, etc. 7) outskirts g) sum of money that is spent 8) outdoor h) borders or outlying parts of a town 9) outfall i) person or animal driven out from home or society 10) outlaw j) in the open air

Fill in the blanks using words above:

1) As the village was on the ________ of the river, most of the land was fertile and the crops were rarely small.

2) No one knew the ________ of the town better than my friend, as he had spent a lot of time ________, strolling through the town.

3) They could realise from the ________ that it was a very interesting chapter.4) The project is really attractive but it requires serious ________.5) It would've been much easier if he could've used the ________ but he had forgotten it at home.6) Though we knew his ________ of life, his recent decision surprised us all.7) The future ________ depends significantly on the demand.8) The preliminary ________ are encouraging, but we have to wait until the research turns into a

success.

4. Complete the following sentences using forms deriving from the words given in brackets.

1) People hope a lot from the following ________-s. (to elect)2) They have to change their management style as the company has ________ serious deficits.

(to incur)3) This is a good report where you can find the ________ elements of the subject. (salience)4) In a democratic society, public organizations are ________ to the public. (accountability)5) Due to bad management, the bank couldn't escape ________. (bankrupt) 6) Elected ________s are accountable to appropriate ministers. (council)7) Public bodies can exercise power to ensure ________ of public laws. (to comply)8) The ________ of the problem brought about serious disputes. (complex)9) Public organisations regulate social life by licensing drinking, driving and ________. (to

entertain)10) They need ________ from government in order to implement to project, (to subsidise)

5. Fill in the blanks using one of the following words and phrases:

transport regulatory authorities financial services public enterpriseland transport government ownership agricultural marketing public enterpriseutilities postal services public utilities

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1) Enterprises in competitive environments are ________ which compete directly with private companies and in the same market.

2) ________ provide services considered essential for economy as a whole.3) Public enterprises provide many services including: ________ such as gas supplies, electricity,

sewerage; ________ such as rail, shipping service, airlines; ________ such as insurance companies, banks; and ________. The common point of all these is their ________.

4) A ________ is a company which sells goods and services to the public, on a large scale.5) Like public utilities, both ________ and ________ are essential services, but, unlike them, they

face competition.6) The main asset of ________ is the coercive power of government.

6. Fill in the blanks choosing the right idiom from those given below:

to pay cash down to pay through the nose to pay court to somebody to pay for a dead horse to pay the piper to pay somebody back his own coin to pay homage to to pay on the nail

1) As we needed the equipment urgently, we accepted to ________.2) All our friends had come to the restaurant determined to enjoy themselves to the full. Only Nick

looked anxiously to his watch from time to time. The longer the/party, the more anxious he was. Later on, I understood that he had ________ which he didn't like at all.

3) The man was obviously paying court to her. She continued to listen to him as if the subject were very interesting. It was for the first time that she really paid attention to a newcomer, but she wanted ________ her husband ________ his own coin.

4) They had worked hard for two days to check all the items, when the boss told them that the project would be put off. They had ________.

5) It's difficult to find the right words in order to ________ to such a brilliant researcher.6) The armchair was really a piece of art, but he couldn't afford to ________. He had already

________ for their new furniture, and there was not much money left.

7. Fill in the blanks choosing the right idiom from those given below:

to set about somebody to set the ball rolling to set aside one's feelings/interests to set somebody down to set one's heart/mind on/upon something to set pen to paper to set somebody right to set one's wits to work

1) Though they wanted to get the contract, they had to ________ and answer their partner's aggressive attitude in the same way.

2) Quite surprisingly, the young man was insolent and his father ________ without hesitation.3) When she first ________ no one could guess she would become such a famous writer.4) It was a matter of group pride, and the boys ________ in order to solve the problem faster than

the girls.5) It had started as a normal dispute but as he was losing track of the matter, he was getting

nervous and finally ________ his brother.6) It seemed that she had ________ it and it was really very difficult to make her give up that

foolish plan.7) I couldn't see through that matter and I asked him to ________.8) They looked very reserved and, for a moment, he thought that would be very difficult to

________.

8. Use the word in capitals at the end of each line to form a word that fits in the space in the same line.

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Arthur's life of crimeAt his trial, nobody believed in Arthur's (1) ............. . Hehad been accused of the (2) ............. of a valuable Chinese vase,and was also charged with ten other (3) ............. . The value ofthe (4) ............. goods was said to be over £10,000. Arthur saidin his own (5) .............that the vase had been put into his car(6) ............. . He also pointed out that the Chinese vase was a fake, and was almost (7) ............. . The judge did not believe Arthur's story. He told Arthur he was a hardened (8) .............and that he deserved a severe (9) ............. . Thenthe judge sentenced Arthur to five years (10) ............. .Arthur just smiled. He had spent most of his life in prisonand so he was used to it.

INNOCENTTHIEFOFFENDSTEALDEFENDACCIDENTWORTHCRIMEPUNISHPRISON

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