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1 Universitatea Spiru Haret Bucuresti Facultatea de Stiinte Juridice si Stiinte Economice, Constanta Departamentul Stiinte Juridice LIMBA ENGLEZĂ (Culegere de texte şi exerciţii) THE U.K. AND ITS LEGAL SYSTEM SINTEZE (NOTE DE CURS) AN I, SEMESTRUL II Lector univ. dr. Anca Magiru 2018

THE U.K. AND ITS LEGAL SYSTEM SINTEZE (NOTE DE CURS) AN I ... · Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar, Bucuresti: Ed. Didactica

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Universitatea Spiru Haret Bucuresti

Facultatea de Stiinte Juridice si Stiinte Economice, Constanta

Departamentul Stiinte Juridice

LIMBA ENGLEZĂ

(Culegere de texte şi exerciţii)

THE U.K. AND ITS LEGAL SYSTEM

SINTEZE (NOTE DE CURS)

AN I, SEMESTRUL II

Lector univ. dr. Anca Magiru

2018

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 I, 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 II, 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

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, 1995.

2.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:

YEAR 1: THE U.K. AND ITS LEGAL SYSTEM

Part One: The U.K. and Its Legal System

Learning Unit # 1.

1st YEAR: SEMESTER I THE BRITISH CONSTITUTION AND

GOVERNMENT ( 8 classes)

Learning Unit # 2.

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 classes)

Learning Unit # THE LEGAL PROFESSIONALS (II)

4

6. MAGISTRATES AND JUDGES (8 classes) Learning Unit #

7. THE LEGAL PROFESSIONALS (III). CROWN

PROSECUTION SERVICE. TRIBUNALS. OMBUDSMEN (OPTIONAL)

Part Two: The U.S. and Its Legal System:

Learning Unit # 1.

2nd YEAR , SEMESTER I THE U.S. AND ITS LEGAL SYSTEM THE U.S. CONSTITUTION. THE ROLE OF THE

CONSTITUTION (8 classes)

Learning Unit # 2.

THE U.S. LEGAL SYSTEM. THE U.S. LEGAL PROFESSIONALS (8 classes)

Learning Unit # 3.

THE U.S. COURTS (8 CLASSES)

Learning Unit # 4.

2nd YEAR SEMESTER II THE U.S. DEPARTMENT OF JUSTICE (8 classes)

Learning Unit # 5.

THE U.S. CIVIL AND CRIMINAL TRIALS AND THEIR STAGES (8 classes)

Learning Unit # 6.

INTERROGATIONS AND CONFESSIONS. MIRANDA WARNINGS (8 classes)

Learning Unit # 7.

THE LAW AND THE CIVIL LIBERTIES. THE BILL OF RIGHTS (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:

Volume 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

Volume 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

Lister, Ronald, Klemens Veth, (2010), Dicţionar juridic, englez-român, român-englez, Bucuresti:

Ed. Niculescu

Magiru, Anca, (2013), Limba engleză, (Curs în tehnologie ID/IFR), Bucureşti: Editura Fundaţiei

România de Mâine;

Magiru, Anca, (2011), English for Law Students, Bucuresti, Ed. Universitara;

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Magiru, Anca, (2011), English for Public Administration Students, Bucuresti, Ed. Universitara;

Magiru, Anca, (2010), American Criminal Law, An Introduction for Law Students of English,

Bucuresti: Ed. Universitara.

Optional Bibliography

Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I,II,III Iaşi:

Institutul European;

Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-

SUA, Bucureşti: Ed.Niculescu.

Brookes, Michael, Christiane Treutenare, (2002), 1000 de cuvinte in Drept, Bucuresti: Compania;

Champion, Dean J., (1998), Dictionary of American Criminal Justice. Key Terms and Major

Supreme Court Cases, Minot State University, London, Chicago: Fitzroy Dearborn Publishers;

Constitutia Romaniei, (2004), Bucuresti: Ed. All Beck;

The Constitution of the United States and the Declaration of Independence, Reprinted 2001 by

the Supreme Court Historical Society, 2001;

Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar,

Bucuresti: Ed. Didactica si Pedagogica;

Martin, Elizabeth A., 2003, A Dictionary of Law, Oxford: Oxford University Press;

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.

6

CONTENTS INTRODUCTION………………………………………………………………………………………..

PART ONE, THE FIRST YEAR OF STUDY: THE U.K. AND ITS LEGAL SYSTEM

SEMESTER II

Learning Unit # 4

THE ENGLISH CIVIL CASES

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 English Civil Cases

4.3.1.The Civil Cases

4.3.2. The Civil Courts

B.Grammar Section: Tense Revision

4.3.3.The Past Perfect Simple Tense and the Past Perfect Continuous Tense

4.4. Key Answer Guide for Self- assessment Activities

4.4.1.Compulsory Bibliography

4.4.2.Bibliographical References

Learning Unit # 5

THE LEGAL PROFESSIONALS (I). LAWYERS

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: The Legal Professionals (I). Lawyers

5.3.1.The Legal Professionals (I). Lawyers

B.Grammar Section: Tense Revision

5.3.2.Expressing Future Time (I)

5.4. Key Answer Guide for Self-assessment Activities

5.4.1.Compulsory Bibliography

5.4.2.Bibliographical References

Learning Unit # 6

THE LEGAL PROFESSIONALS (II). MAGISTRATES AND JUDGES

6.1. Introduction

6.2. The Objectives and Competences of Learning Unit # 6 – time assigned

6.3. The Contents of Learning Unit # 6:

A.Reading Section: The Legal Professionals (II). Magistrates and Judges

6.3.1.The Legal Professionals (II). Magistrates and Judges

B.Grammar Section: Tense Revision

6.3.2.Expressing Future Time (II)

6.4. Key Answer Guide for Self-assessment Activities

6.4.1.Compulsory Bibliography

6.4.2.Bibliographical References

Learning Unit # 7(OPTIONAL)

THE LEGAL PROFESSIONALS (III). CROWN PROSECUTION SERVICE.

TRIBUNALS. OMBUDSMEN (OPTIONAL)

7.1 Introduction

7.2 The Objectives and Competences of Learning Unit # 7 – time assigned

7

7.3 The Contents of Learning Unit # 7:

A.Reading Section: The Legal Professionals (III). Crown Prosecution Service. Tribunals.

Ombudsmen

7.3.1. The Legal Professionals (III). Crown Prosecution Service. Tribunals. Ombudsmen

B.Grammar Section: Tense Revision:

7.3.2.Expressing Future Time (III)

7.4. Key Answer Guide for Self-assessment Activities

7.4.1.Compulsory Bibliography

7.4.2.Bibliographical References

8

CONTINUT CURS SI SEMINAR. CURSUL ESTE MARCAT CU ROSU

Learning Unit # 4

THE ENGLISH CIVIL CASES

Four things belong to a judge: to hear

courteously, to answer wisely, to consider

soberly, and to decide impartially. Socrates, Greek philosopher

4.1. Introduction

4.2. The Objectives and Competences of Learning Unit # 4

4.3. The Contents of Learning Unit # 4:

A.Reading Section: The English Civil Cases

4.3.1. Civil Cases

4.3.2. Civil Courts

B.Grammar Section: Tense Revision

4.3.3. The Past Perfect Simple Tense and the Past Perfect Continuous Tense

C.PRACTICE SECTION:4.4. Key Answer Guide for Self-assessment Activities

4.4.1.Compulsory Bibliography

4.4.2.Bibliographical References

4.1. Introduction

Civil Court. A court exercising jurisdiction over civil rather than

criminal cases. In England, the principal civil courts of first instance

are the county courts and the High Court. Magistrates’ Courts have

limited civil jurisdiction, mainly confined to matrimonial

proceedings. (Definition from Oxford Dictionary of Law, fifth edtion,

edited by Elizabeth A. Martin, Oxford University Press)

4.2. The Objectives and Competences of Learning Unit # 4

The Objectives of Learning Unit # 4:

O1 to understand the legal content: O1a.to provide a factual account of the structure of the English civil courts;

O1b.to test the students’ legal knowledge

O2 to understand the language content:

O2a.:to revise the form and use of the Past Perfect SimpleTense and the

Past Perfect Continuous Tense

O2b.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 structure of the English civil courts;

C2. using correctly the Past Perfect Simple Tense and the Past Perfect

Continuous Tense 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 # 4: 8 classes

9

4.3. The Contents of Learning Unit # 4

A.READING SECTION:

The English Civil Cases

4.3.1. Civil Cases

Read and learn the following language notes, grammatical terms

and vocabulary:

to bring, brought, brought a case/an action = a intenta

proces/acţiune

individual = (n) individ, om, persoană fizică

claimant = (n) reclamant, parte vătămată

defendant = (n) inculpat, acuzat, pârât

to sue, -d, -d = (v) a da/a acţiona pe cineva în judecată, a urmări

în justiţie pe cineva, a intenta proces cuiva

to breach, -ed, -ed a contract = (v) a încălca prevederile unui

contract

tort = (n) delict civil, ofensă, act prejudicial, răspundere

civilă, faptă ilicită; daună, prejudiciu

The legal term tort comes from a medieval French word meaning

wrong or injustice. It is a principle of the legal system that people

have a right to security of their persons and property, If that right is

infringed, then they are entitled to compensation. Another principle

is that if by my actions I injure another person or their property

then they have the right to claim compensation from me. The

commonest forms of tort are:1.negligence, 2.defamation,

3.trespass, 4. nuisance.

tort law = dreptul răspunderii civile (delictuale)

1.negligence = (n) neglijenţă, neatenţie, dezinteres, scăpare,

omisiune

It is a type of tort caused by failure in the duty of care. If you hurt

someone or damage their property becauase you haven’t sufficient

care, then they may sue you for damages (repairs to their goods or

compensation for their injuries). If the failure in the duty of care

was very great, then the offence is referred to as gross negligence.

If a person is killed as a result of gross negligence, the charge is

manslaughter.

gross negligence = neglijenţă gravă

manslaughter = omucidere, crimă, omor

A killing that is not a murder but which was against the law and

was not accidental. There are two types of manslaughter: voluntary

and involuntary.

involuntary manslaughter = omor/ucidere din culpă

Involuntary manslaughter covers cases where the death by gross

negligence or is the result of a criminal action that was likely to

lead to danger to the victim.

voluntary manslaughter = omor cu circumstanţe atenuante (în

legitimă apărare, din cauza unor probleme mintale)

10

Voluntary manslaughter covers actions which would be murder, but

the circumstances mean that the severy of the crime is reduced (for

example: diminished responsibility, and suicide pacts).

suicide pact = pact de sinucidere; înţelegere între două sau mai

multe persoane de a se sinucide în acelaşi timp şi uneori în acelaşi

loc;

2.defamation = (n) defăimare, calomniere, insultă; denigrare,

discreditare

If A makes public a statement that damages B’s reputation, B may

sue A for defamation. A has harmed B personally (which is a tort)

and B may require recompense in the form of damages; B will also

want the truth made public.

3.trespass = (n) delict, contravenţie, violare/încălcare a legii;

(în dreptul penal) trespass to the person = infracţiune contra

persoanei;

trespass to goods = infracţiune contra bunurilor/patrimoniului;

trespass to land = violare de proprietate, faptă ilicită constând în

intrarea intenţionată/pătrunderea ilegală pe terenul/proprietatea

cuiva (în Marea Britanie, nu este o infracţiune care să fie

sancţionată)

The word trespass comes from an Old French word meaning

passing across, passage. A useful substitute word for its legal

meaning might be interference. In English law it comes in three

forms:

trespass to land: if you pass across a person’s land without their

permission

trepass to goods: if you remove a person’s property without

permission or if you damage it;

trepass to person: if you injure a person physically (battery) or

make them fear such injury (assault), or restrict their freedom of

movement (false imprisonment = arestare). In all these situations

you can sue for damages.

4.nuisance = (n) prejudiciu, contravenţie, daună, pagubă; în dreptul

penal: common/public nuisance = tulburarea liniştii/ordinii

publice; încălcare a normelor de drept, în sistemul common law,

care afectează întreaga comunitate; în dreptul civil, private

nuisance = neplacere/prejudiciu adus/ă cuiva; tulburarea posesiei şi

folosinţei unui teren

Nuisance is a form of tort or crime in which someone interferes with

another person’s life. For example, if you live next door to me, in a

residential area, and set up a workshop in your garden and then use

noisy machinary in the middle of the night, I can reasonably

complain that you are interfering with my enjoyment of my property,

part of which is the assumption that at night it will be peaceful

enough for me to get a decent night’s sleep. Common forms of

nuisance are: noise, smells, air pollution. There are two types of

nuisance: private nuisance and public nuisance. Private nuisance

is a tort and public nuisance is a crime.

Read and translate the following text into Romanian:

11

Civil Cases

Civil cases can be brought by individuals, companies,

organizations. The individual bringing the action is referred to as the

claimant and the individual defending it as the defendant. The

majority of civil cases in which one individual sues another fall into

two categories: breach of contract and tort. Torts include assault,

negligence and defamation.

Court cases are expensive, so claimants and defendants will

often seek to resolve their disputes without actually going to court. (Adapted and abridged from: Law in Everyday Life, John Seely,

Oxford University Press, 2003)

4.3.2Civil Courts

Read and learn the following language notes, grammatical terms

and vocabulary:

licence = (n) licenţă, autorizaţie, permis

pub = (n) cârciumă, bodegă, tavernă, han

maintenance payment = întreţinere a copiilor/familiei; susţinere;

finanţare

welfare = (n) ajutor social; asistenţă socială; bunăstare,

securitate socială, prosperitate

County Court = instanţă locală/regională; tribunal local/regional

The local courts which hear civil case. A large number of cases are

conducted in the County Court, including personal injuries, debt,

racial and sexual discrimination, and undefended divorce cases.

personal injury = vătămare corporală

undefended = fără/lipsit de apărare, neprotejat, neocrotit

High Court (of Justice) = Curtea Supremă de Justiţie în

Anglia şi Tara Galilor (cu trei departamente)

The main court for civil cases. It has three divisions: Chancery

Division, Family Division, Queen’s Bench Division

Family Division (of the High Court) = complet al Inaltei Curţi

specializat în dreptul familiei

probate = (n) autentificarea/legalizarea unui testament; procedură

judiciară de atestare a valabilităţii unui testament

Queen’s Bench (Division)(QBD) = instanţă de judecată în

sistemul “common law”, care este competentă în cauzele referitoare

la delicte civile, răspundere contractuală şi calomnie

It is the division of the High Court that deals with larger cases

concerning tort and contract law. It also deals with requests for

judicial review.

claim = (n) cerere/pretenţie financiară legală; reclamaţie;

revendicare

compensation = (n) despăgubire, compensare; compensaţie

judicial review = analiză jurisprudenţială; revizuire

judiciară

Chancery Division = secţie a Curţii Supreme de Justiţie care este

competentă să soluţioneze cauzele de dreptul afacerilor

12

Chancery Division of the High Court. The part of the High Court of

Justice that deals with wills, the ownership of real estate, trusts,

companies, and intellectual property.

bankrupcy = (n) bancrută, faliment, incapacitate de plată

Inland Revenue = Fiscul; Garda Financiară; Administraţia

Financiară

rule = regulă, normă, principiu

Read and translate the following text into Romanian:

Civil Courts

4.3.3.Magistrates’Court

Certain civil cases are heard in Magistrates’ Courts. These

include failure to pay taxes: the licensing of pubs and clubs, a

variety of family cases including maintenance payments, and the

welfare of children.

County Court

A large number of cases are heard in the County Court such as:

personal injuries, debt, racial and sexual discrimination,

undefended divorce cases.

High Court

More serious civil cases go to the High Court. This court

has three Divisions:

Family Division, Queen’s Bench Division, Chancery

Division.

Family Division

This part of the High Court deals with family cases and

some probate cases.

Queen’s Bench Division

The most important cases heard in this court are those

concerned with defamation. It also handles serious compensation

claims and judicial reviews.

Chancery Division

It deals with contested wills, bankrupcies and cases in

which tax payers have a major disagreement with the Inland

Revenue.

Civil cases are heard by a judge without a jury, taking into

account the Civil Procedure Rules, which aim to produce a fair,

efficient, and economic administration of justice. This often means

avoiding a formal hearing. (Adapted from:Law in Everyday Life, John Seely, Oxford University Press,

2003; Bebeşelea, Mihaela, (2010), Fluxul financiar-contabil al impozitelor

şi taxelor în România, Cluj-Napoca: Ed. Alma Mater; Bebeşelea, Mihaela,

(2009), Gestiunea financiară a instituţiilor publice, Ed. a II-a revizuită şi

îmbunătăţită, Constanţa: Europolis)

13

B.GRAMMAR SECTION:

Tense Revision & Consolidation

4.3.4.The Past Perfect Simple Tense and the Past Perfect

Continuous Tense

THE PAST PERFECT SIMPLE TENSE

Form

The Past Perfect Simple Tense tense is formed with HAD and the

PAST PARTICIPLE.

to play, played, played

Affirmative

S+ HAD+IIIrd FORM

Long form Short form

I had played I’d played = mă jucasem; m-am jucat

You had played You’d played

He had played He’d played

She had played She’d played

It had played It’d played

We had played We’d played

You had played You’d played

They had played They’d played

Interrogative

HAD + S + IIIrd FORM

Had I played?

Had you played?

Had he played?

Had she played?

Had it played?

Had we played?

Had you played?

Had they played?

Negative

S+ HAD +NOT+IIIrd FORM

Long form Short form

I had not played I hadn’t played

You had not played You hadn’t played

He had not played He hadn’t played

She had not played She hadn’t played

It had not played It hadn’t played

We had not played We hadn’t played

You had not played You hadn’t played

They had not played They hadn’t played

Use

14

The Past Perfect is the past equivalent of the Present Perfect.

It is used to:

1.indicate an action in the past that happened before a past

moment or before another action in the past.

E.g.:

1.The train had already left when she arrived at the station.

2.The play had begun and we couldn’t enter.

3.When I arrived, David had just left.

4.I had seen the film but I went with my husband to keep him

company.

5.They had finished their lessons by 5 p.m.

2.with the negative adverbs: HARDLY/BARELY/SCARCELY

… WHEN, and NO SOONER … THAN, to show that a past

action had finished just a little time before another past action:

E.g.:

1.I had hardly entered the house when the phone rang.

Note! Another form may also occur:

E.g.:

1.Hardly had I entered the house when the phone rang.

2.No sooner had I entered the house than the phone rang.

THE PAST PERFECT CONTINUOUS TENSE

Form

The Past Perfect Continuous Tense is formed with HAD BEEN +

the +ING form (present participle).

to play-played-played

Affirmative

S+ HAD BEEN+V+ING

Long form Short form

I had been playing I’d been playing = mă jucam

You had been playing You’d been playing

He had been playing He’d been playing

She had been playing She’d been playing

It had been playing It’d been playing

We had been playing We’d been playing

You had been playing You’d been playing They had been playing They’d been playing

Interrogative

HAD+S+BEEN+V+ING

Had I been playing?

Had you been playing?

Had he been playing?

Had she been playing?

Had it been playing?

Had we been playing?

Had you been playing?

Had they been playing?

Negative

15

S+ HAD +NOT +BEEN +V+ING

Long form Short form

I had not been playing I hadn’t been playing

You had not been playing You hadn’t been playing

He had not been playing He hadn’t been playing

She had not been playing She hadn’t been playing

It had not been playing It hadn’t been playing

We had not been playing We hadn’t been playing

You had not been playing You hadn’t been playing

They had not been playing They hadn’t been playing

Use

It is used to emphasize:

a past action in progress up to a past action or to a past

moment: E.g.:

1.They had been walking for 10 minutes when it started to

rain.

4.4. C.PRACTICE SECTION:

Key Answer Guide for Self-assessment Activities

The Synthesis of Learning Unit # 4 through Self-assessment Tests:

A.READING SECTION:

Activity 1.Self-assessment Test on Legal Knowledge. Civil Cases.

Circle the correct answer. Only one answer is correct.

1.By whom are civil cases brought?

a.They are brought by individuals, companies, organizations.

b.They are brought by individuals, men, women.

c.They are brought by families, companies, organizations.

2.Who is “the claimant”?

a.The “claimant” is the individual who defends himself.

b.The “claimant” is the individual who brings an action.

c.The “claimant” is the individual who claims.

3.Torts include:

a.assault, negligence and defamation.

b.assault, theft and defamation.

c.assault, roberry and defamation.

2.Self-assessment Test on Legal Knowledge. Civil Courts.

Activity 2. Circle the correct answer. Only one answer is correct.

1.Name the civil courts in England.

a.Magistrates’ Court, County Court, High Court

b. Family Division, County Court, High Court

c.Family Division, Chancery Division, Queen’s Bench Division

2.Name the three divisions of the High Court.

a.Magistrates’ Court, County Court, High Court

b.Family Division, Queen’s Bench Division, Chancery Division

c.Family Division, Chancery Section, Queen’s Division

16

B.GRAMMAR SECTION:

Tense Revision & Consolidation

3.Self-assessment Test on Grammar Knowledge. The Past Perfect Simple Tense and the

Past Perfect Continuous Tense.

Activity I.Combine each of the following pairs of sentences using the past perfect tense and

the clues provided.

1.You left. They woke up at 7:30. (already … when)

2.The plane took off. They got to the airport. (just … when)

3.Kenneth finished the job. Amy walked into the office. (already … before)

4.I moved to San Francisco. Maria moved to Washington D.C.. ( … before)

5.Michael finished the book. Becky started it. (already … before)

6.Did you hear the news? Did you see it on TV? (already … when)

7.Ralph drank two glasses of wine. The waitress offered him a third. (already … when)

8.They sold the house. The detective called and asked about it. (before) (Adapted and abridged from: English for the Real World, Andrea Penruddocke, Christopher A. Warnasch,

A Random House Company, 2004)

Keywords to be remembered: Magistrates’ Court, County Court, High Court, Civil Courts,

Civil Cases, the Past Perfect Simple Tense, the Past Perfect Continuous Tense

Comprehension Check:

Answer the following questions:

1.What do torts include?

2.What are the English Civil Courts?

3.What are the three divisions of the High Court?

Topics for presentation:

1.The English Civil Cases

2.The English Civil Courts

Assessment and Self-assessment Test

Activity 1.

Translate the following sentences into English:

1.Poliţiştii m-au întrebat de ce am venit acasă atât de tarziu.

2.Când m-am întâlnit cu avocatul, el mă aştepta de 10 minute.

3.A vrut să ştie unde am fost între 9 şi 11 seara.

4.Când am sunat la sonerie, el studia cazul de o jumătate de oră.

5.Avionul zbura de o oră când a fost deturnat.

6.După ce a văzut filmul poliţist, a citit romanul Agathei Christie.

7.Nici nu au ajuns bine la munte, că poliţiştii i-au si prins.

8.Poliţia îi căuta de trei ore când au ieşit în oraş.

9.Deşi se străduise să înveţe toate amănuntele cazului, pe dinafară, nu putea să îşi amintească nici

măcar numele criminalului. (Adapted and abridged from: English Practical Course, Camelia Boarcăş, Anca Magiru, Europolis,

Constanţa, 2002)

17

REVISION I = TERM ASSESSMENT TEST 1 (EVALUARE 1)

Learning Unit # 4 : THE ENGLISH CIVIL CASES

Circle the correct answer. Only one answer is correct.

1.By whom are civil cases brought?

a.They are brought by individuals, companies, organizations.

b.They are brought by individuals, William, Jane.

c.They are brought by the Browns, the Popescus, organizations.

Circle the correct answer. Only one answer is correct.

2.Who is “the claimant”?

a.The “claimant” is Elizabeth.

b.The “claimant” is the individual who brings an action.

c.The “claimant” is Kitty.

Circle the correct answer. Only one answer is correct.

3.Torts include:

a.assault, Sean and Vicky.

b.assault, father and mother.

c.assault, negligence and defamation.

Circle the correct answer. Only one answer is correct.

4.Name the civil courts in England.

a.Magistrates’ Courts, County Courts, the High Court.

b.The Brown Family, My Court, the High Court.

c.Family Division, Chancery Division, Queen’s Bench Division.

Circle the correct answer. Only one answer is correct.

5.Name the three divisions of the High Court.

a.Family Department, Queen’s Bench Department, Chancery Department.

b.Family Division, Queen’s Bench Division, Chancery Division.

c.Family Section, Chancery Section, Queen’s Section.

Circle the correct answer. Only one answer is correct.

6.You left. They woke up at 7:30. (already … when)

a.Ralph had already left when they woke up at 7:30.

b.Harry had already left when they woke up at 7:30.

c.You had already left when they woke up at 7:30.

Circle the correct answer. Only one answer is correct.

7.The plane took off. They got to the airport. (just … when)

a.The plane had just taken off when they got to the airport.

b.The plane had just taken off when Ann and Dana got to the airport.

c.The plane had just taken off when Helen and Mary got to the airport.

Circle the correct answer. Only one answer is correct.

8.Kenneth finished the job. Amy walked into the office. (already … before)

a.Vincent had already finished the job before Jill walked into the office.

b.Kenneth had already finished the job before Amy walked into the office.

c.Becky had already finished the job before Charles walked into the office.

Circle the correct answer. Only one answer is correct.

9.I moved to San Francisco. Maria moved to Washington D.C.. ( … before)

a.I had moved to San Diego before Carmen moved to Austin.

b.I had moved to Los Angeles before Nick moved to San Antonio.

c.I had moved to San Francisco before Maria moved to Washington, D.C..

Circle the correct answer. Only one answer is correct.

10.Poliţiştii m-au întrebat de ce am venit acasă atât de tarziu.

a.The policemen asked me why I had come back home so late.

b.My parents asked me why I had come back home so late.

18

c.My wife asked me why I had come back home so late.

Circle the correct answer. Only one answer is correct.

11.Când m-am întâlnit cu avocatul, el mă aştepta de 10 minute.

a.When I met Simon, he had been waiting for me for 10 minutes.

b.When I met my lawyer, he had been waiting for me for 10 minutes.

c.When I met Laura, she had been waiting for me for 10 minutes.

Circle the correct answer. Only one answer is correct.

12.A vrut să ştie unde am fost între 9 şi 11 seara.

a. He wanted to know where I had been between 7 and 11 p.m..

b. He wanted to know where I had been between 8 and 11 p.m..

c. He wanted to know where I had been between 9 and 11 p.m..

Circle the correct answer. Only one answer is correct.

13.Când am sunat la sonerie, el studia cazul de o jumătate de oră.

a.When I rang the doorbell, he had been studying the case for half an hour.

b.When I rang the doorbell, he had been studying the Bible for half an hour.

c.When I rang the doorbell, he had been studying the Shakespearean plays for half an hour.

Circle the correct answer. Only one answer is correct.

14.Avionul zbura de o oră când a fost deturnat.

a.The plane had been flying for 8 hours when it was hijacked.

b.The plane had been flying for an hour when it was hijacked.

c.The plane had been flying for 9 hours when it was hijacked.

Circle the correct answer. Only one answer is correct.

15.După ce a văzut filmul poliţist, a citit romanul Agathei Christie.

a.After he had seen the detective film, he read Raymond Chandler’s novel.

b.After he had seen the detective film, he read James Cain’s novel.

c.After he had seen the detective film, he read Agatha Christie’s novel.

Circle the correct answer. Only one answer is correct.

16.Nici nu au ajuns bine la munte, că poliţiştii i-au şi prins.

a.Hardly had they got to the mountains when the policemen caught them.

b.Hardly had they got to Paris when the reporters asked them questions.

c.Hardly had they got to Washington, D.C. when the F.B.I. agents caught them.

Circle the correct answer. Only one answer is correct.

17.Poliţia îi căuta de trei ore când au ieşit în oraş.

a.Alice had been looking for Mary for three hours when she saw her in the street.

b.The police had been looking for them for three hours when they got out.

c.Romeo had been loking for Juliet for three hours when he met her in the garden.

Circle the correct answer. Only one answer is correct.

18.Deşi se străduise să înveţe toate amănuntele cazului, pe dinafară, nu putea să îşi amintească nici măcar

numele criminalului.

a.Although George had done his best to learn all the details of the case, by heart, he could not remember even the

murderer’s name.

b.Although Sarah had done her best to learn all the details of the case, by heart, she could not remember even the

murderer’s name.

c.Although he had done his best to learn all the details of the case, by heart, he could not remember even the murderer’s

name.

ANSWERS

LEARNING UNIT #4: THE ENGLISH CIVIL CASES

4.4.Key Answer Guide for Self-assessment Activities

A.READING SECTION:

1.Self-assessment Test on Legal Knowledge. Civil Cases

1.a; 2.b; 3.a

2.Self-assessment Test on Legal Knowledge. Civil Courts

19

1.a; 2.b

B.GRAMMAR SECTION:

3.Self-assessment Test on Grammar Knowledge

Activity I.1.You had already left when they woke up at 7:30. 2.The plane has just taken off when they got to the

airport. 3.Kenneth had already finished the job before Amy walked into the office. 4.I had moved to San Francisco

before Maria moved to Washington, D.C.. 5.Michael had already finished the book before Becky started it. 6.Had you

already heard the news when you saw it on TV? 7.Ralph had already drunk two glasses of wine when the waitress

offered him a third. 8.They had sold the house before the detective called and asked about it.

Comprehension check

Activity 1. 1.assault, negligence, defamation; 2.Magistrates’c Court, County Court, High Court; 3.Family Division,

Queen’s Bench Division, Chancery Division

Assessment and Self-assessment Test

Activity I. 1.The policemen asked me why I had come back home so late. 2.When I met my lawyer, he had been

waiting for me for 10 minutes. 3.He wanted to know where I had been between 9 and 11 p.m.. 4.When I rang the

doorbell, he had been studying the case for half an hour. 5.The plane had been flying for an hour when it was hijacked.

6.After he had seen the detective film , he read Agatha Christie’s novel. 7.Hardly had they arrived in/got to the

mountains when the policemen caught them../ No sooner had they arrived in /got to the mountains than the policemen

caught them./They had hardly/barely/scarcely arrived in/got to the mountains when the policemen caught them. 8.The

police had been looking for them for three hours when they got out. 9.Although he had done his best / he had tried hard

to learn all the details of the case, by heart, he could not remember even the murderer’s name.

4.4.1.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.

4.4.2.Bibliographical References:

1.Boarcăş, Camelia, Anca Magiru,(2002) , English Practical Course, Constanţa: Europolis;

2.Gălăţeanu-Fârnoagă, Georgiana, (1987), Sinteze de gramatică engleză, Bucureşti: Ed. Albatros;

3.Dumitrescu, Dan, (2009), Dicţionar juridic, englez-român, Bucureşti: Ed. Akademos;

4.Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries;

5. Oxford Dictionary of Law, (c.2003), Ed. by Elizabeth A. Martin, Oxford University Press;

6.Paidos, Constantin, (1995), Gramatica limbii engleze, volumul I, Iaşi, Institutul European;

7.Penruddocke, Andrea, Christopher A. Warnasch, (2004), English for the Real World, A Random House Company;

8.Ronald Lister, Klemens Veth, 2010, Dicţionar juridic, englez-român, român-englez, Bucureşti: Ed. Niculescu;

9.Seely, John, (2003), Law in Everyday Life, Oxford University Press;

10. Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti,

Ed. Niculescu.

20

CONTINUT CURS SI SEMINAR. CURSUL ESTE MARCAT CU ROSU

Learning Unit # 5

THE LEGAL PROFESSIONALS (I). LAWYERS

A lawyer is someone who makes

sure he gets what’s coming to you. Anonymous (USA)

5.1. Introduction

5.2. The Objectives and Competences of Learning Unit # 5

5.3. The Contents of Learning Unit # 5:

A.READING SECTION: The Legal Professionals (I). Lawyers

5.3.1.The Legal Professionals (I). Lawyers

B.GRAMMAR SECTION: Tense Revision

5.3.2.Expressing Future Time (I)

C.PRACTICE SECTION: 5.4.Key Answer Guide for Self-assessment Activities

5.4.1.Compulsory Bibliography

5.4.2.Bibliographical References

5.1. Introduction

Legal profession. The legal profession includes: lawyers, judges

and other people who work in courts of law or advise people about

legal problems.

Lawyer.Someone whose job is to advise people about laws, write

formal agreements, or represent people in court. (Adapted and abridged

from: Longman Dictionary of Contemporary English, 1995, London,

Longman) 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 factual account of the English Legal Professionals with

special reference to lawyers (barristers, solicitors, paralegals)

O1.b.to test the students’ legal knowledge

O2 to understand the language content:

O2a.:to revise the form and use of the Future Simple Tense, the Future

Continuous Tense, to be going to (Near Future), the Future Perfect

Simple Tense, the Future Perfect Continuous Tense

O2b:to test the students’ grammar knowledge

O2c.:to rise the students’ interest in working with a good law

dictionary. The Competences of Learning Unit # 5:

C1. getting familiar with the English legal professionals: lawyers

C2. using correctly the Future Simple Tense, the Future Continuous Tense,

to be going to (the Near Future), the Future Perfect Simple Tense, the Future

Perfect Continuous Tense 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

21

5.3. The Contents of Learning Unit # 5

A.READING SECTION

5.3.1.The Legal Professionals (I). Lawyers

Read and learn the following language notes, grammatical terms

and vocabulary:

barrister = (n) (UK) avocat pledant (avocaţii sunt membrii ai “Inns

of Court”)

Inns of Court = Baroul londonez, organizaţie profesională a

avocaţilor pledanţi din Londra (este alcătuit din patru şcoli de

drept/de avocatură: Gray’s Inn, Lincoln’s Inn, Inner Temple,

Middle Temple

established = (adj) consacrat, recunoscut, respectat, apreciat

pupil = (n) stagiar pe lângă un avocat

junior barrister = avocat care nu are dreptul de a pleda în Consiliul

Reginei

Queen’s Counsel = avocat emerit; consilierul reginei

solicitor = (n) notar, avocat, consilier juridic

paralegal = (n) asistent juridic/legal; persoană care lucrează într-un

cabinet de avocatură, dar care nu este membru al unei organizaţii

profesionale din domeniu

conveyancing = (n) transfer, cesiune (de imobile, proprietăţi

funciare)

lawyer = (n) avocat, jurist, consilier juridic

practising solicitor = avocat practicant

to call to the bar = a primi pe cineva în barou; a angaja pe cineva

ca avocat

claim = (n) cerere financiară, pretenţie, revendicare

Read and translate the following text into Romanian:

The Legal Professionals (I)

The Lawyers

In English law there is a traditional distinction between the

two main types of lawyers you could consult: the barristers and the

solicitors.

Barristers

A barrister is someone who pleads at the bar, the place

where cases are heard. Before being called to the bar, they will have

spent three years at a university studying for a law degree. Then

they spend some time as the pupil of an established barrister, before

gaining a position as a junior barrister. After increasing in

experience and reputation they may be selected as a Queen’s

Counsel (QC). QCs are barristers with at least ten years’ experience

and are chosen by the Lord Chancellor.

Solicitors

Individuals and organizations who need legal advice

22

normally go first to a solicitor. Like barristers, solicitors spend three

years at university leading to a law degree. They then do a year’s

legal practice course, leading to an examination. After that they

spend a further period employed under a training contract before

becoming fully qualified solicitors.

In England and Wales there are approximately 85,000

practising solicitors compared to 9,000 barristers. They could act as

advocates working independently or with a barrister. They may not

appear in the higher courts.

Paralegals

Increasingly firms of solicitors are using the services of

paralegals, who have a legal training, commonly a law degree, but

have not yet qualified as solicitors. Paralegals will focus on their

own area of expertise, for example, conveyancing (the legal side of

selling property) or personal injury compensation claims. Some will

later go on to qualify as solicitors, while others will prefer to remain

as paralegals. (Adapted and abridged from Law in Everyday Life, John

Seely, Oxford University Press, 2003)

B.GRAMMAR SECTION: TENSERevision & Consolidation

5.3.2.Expressing Future Time:

1.The Future Simple Tense

2.The Future Continuous Tense

3.To Be Going To (The Near Future)

4.The Future Perfect Simple Tense

5.The Future Perfect Continuous Tense

Expressing Future Time (I)

Future actions can be expressed by:

1. THE FUTURE SIMPLE TENSE

Form: shall/will + short infinitive

Affirmative

Long form Short form SHALL=’LL

WILL =’ LL

I shall/will play =mă voi juca I’ll play

You will play You’ll play

He will play He’ll play

She will play She’ll play

It will play It’ll play

We shall/will play We’ll play

You will play You’ll play

They will play They’ll play

Interrogative Negative-Interrogative

Shall/Will I play? Shall/Will I not play?

Will you play? Will you not play?

Will he play? Will he not play?

23

Will she play? Will she not play?

Will it play? Will it not play?

Shall/Will we play? Shall/Will we not play?

Will you play? Will you not play?

Will they play? Will they not play?

Negative

Long form Short form

I shall not/will not play I shan’t play/I won’t play

You will not play You won’t play

He will not play He won’t play

She will not play She won’t play

It will not play It won’t play

We shall not/will not play We shan’t/won’t play

You will not play You won’t play

They will not play They won’t play

Use

As a rule, shall is used with the first person singular and plural, and

will with the second and third person, in British English. The

American English uses only „will” with all persons to express

future activities. It usually occurs in formal style, although in every

day speech, the forms we’ll, I’ll, etc are used. The Future Simple

Tense expresses:

1.A “neutral” future event, a prediction about the future:

e.g.:

1.We shall go on a trip next month. He’ll be late for school today.

2.John and Ann will write a good book this year.

2.A future action in the main clause of conditional and temporal

sentences:

e.g.:

1.We shall read the book if Ted gives it to us.

2.If the rain stops, we’ll play in the park.

3.Mary will feel better if she takes her medicine regularly.

4.The doctor will examine them when they go to the office again.

3.Opinions or assumptions about the future with verbs of

opinion: assume, believe, hope, expect, etc. e.g.:

1.We hope Amber will come to visit us later.

2.That’ll be the postman at the door. (This means that we suppose it

is the postman.)

4.Habitual actions that are likely to take place in the future:

e.g.:

1.In Nobember John and Anne will go toFreiburg.

2.In January, we’ll go back to the University.

5.A sequence of events (a narrative) in the future:

e.g.:

1.William will call the office to reserve theater tickets.

2.The next day Mary will pick up the tickets.

6.The subject’s intention at the moment of decision:

e.g.:

24

1.Mrs. Magiru: We’ve run out of instant coffee.

2.Mr. Magiru: I’ll buy some.

7.WILL + YOU + VERB?- invitation or request for something:

e.g.:

1.Will you come to the concert with us?

2.Will you clear the table?

8.SHALL + I/WE + VERB? – offer to do something or ask for

instructions, advice or suggestion:

e.g.:

1.Shall I help you wash the dishes?

2.Where shall we meet?

3.Shall I buy that dictionary? (Adapted from Gramatica limbii engleze, volumul I, Constantin Paidos,

Institutul European, Iaşi, 1995)

2. THE FUTURE CONTINUOUS TENSE

Form: shall/will + be + verb +ing

Affirmative Interrogative

I shall/will be playing =mă voi juca Shall/Will I be playing?

You will be playing Will you be playing?

He will be playing Will he be playing?

She will be playing Will she be playing?

It will be playing Will it be playing?

We shall/will be playing Shall/Will we be playing?

You will be playing Will you be playing?

They will be playing Will they be playing?

Negative

Long form Short form

I shall/will not be playing I shan’t/won’t be playing

You will not be playing You won’t be playing

He will not be playing He won’t be playing

She will not be playing She won’t be playing

It will not be playing It won’t be playing

We shall/will not be playing We shan’t/won’t be playing

You will not be playing You won’t be playing

They will not be playing They won’t be playing

Use

It is used:

1.to express a future activity or state that will be in progress at a

certain moment in the future:

e.g.:

This time tomorrow we shall be watching Mary Poppins.

2.to indicate that an activity or state will extend over a whole

future period:

e.g.:

Jane will be sending e-mails all day long.

25

3.to express future events that are planned:

e.g.:

We shall be spending our next holiday in the Greek Island,

Zakynthos.

3. TO BE GOING TO (“THE NEAR FUTURE”)

(A AVEA DE GȂND SĂ...)

Form

Affirmative Interrogative

I am going to play Am I going to play?

You are going to pay Are you going to play?

He is going to play Is he going to play?

She is going to play Is she going to play?

It is going to play Is it going to play?

We are going to play Are we going to play?

You are going to play Are you going to play?

They are going to play Are they going to play?

Negative

Long form Short form

I am not going to play I’m not going to play

You are not going to play You aren’t going to play/You’re not…

He is not going to play He isn’t going to play/He’s not…

She is not going to play She isn’t going to play/She’s not…

It is not going to play It isn’t going to play/It’s not…

We are not going to play We aren’t going to play/We’re not…

You are not going to play You aren’t going to play/You’re not…

They are not going to play They aren’t going to play/They’re

not…

Use

It is used to express:

1.A neutral future event in colloquial English as a substitute for

the simple future. The GOING TO FUTURE is preferred in

colloquial English; the SHALL/WILL future is more common

in formal written English.

e.g.:

1.You’re going to see a lot of movies in San Antonio, Texas.

2.Helen is going to move to San Diego, California, so Cesar is

telling her what life is like there.

2.An event taking place in the immediate or near future.

e.g.:

1.I’m going to make some tea in a moment.

2.I’m going to fill the kettle with water.

3.The subject’s present intention to perform a future action.

The simple future tense can also express intention, but it is the

subject’s intention at the moment of decision.

e.g.:

1.A:The phone is ringing. B:I’ll get it.

26

2. We are going to visit our uncle and aunt next week.

3.What sites are you going to visit in Freiburg?

4.We are going to visit Munster Cathedral.

4.A future action which appears likely or inevitable due to

present causes/circumstances.

e.g.:

1.It’s going to rain. Just look at the clouds.

2.A:That coat is too thin for this time of the year. You’re going to

catch a cold.

B:Thank you. I’ll take a warmer coat then.

5.In association with time clauses (as soon as, after, when, while,

until) to emphasize the subject’s intention.

e.g.:

I’m going to write a book about academic life at St.Mary’s

University School of Law, San Antonio, Texas, as soon as we come

back to Romania.

4.THE FUTURE PERFECT SIMPLE TENSE

Form: shall/will + have + Past Participle

Affirmative

I shall/will not have played = mă voi fi jucat

You will have played

He will have played

She will have played

It will have played

We shall/will have played

You will have played

They will have played

Interrogative

Shall/Will + S+ have + past participle (the 3rd form of the verb)

Shall/Will I have played?

Will you have played?

Will he have played?

Will she have played?

Will it have played?

Shall/Will we have played?

Will you have played?

Will they have played?

Negative

S+ shall/will + not + have +past participle

I shall not/ will not have played

You will not have played

He will not have played

She will not have played

It will not have played

We shall not/will not have played

You will not have played

They will not have played

Use

The Future Perfect Simple is used to indicate:

27

1.an action which will be finished before a certain moment or

another action in the future. In this case, it is usually associated

with the preposition by in such constructions as: by Monday/by that

time/by the end of, etc.

e.g.:

It is 9 o’clock. I’m sure my nieces will have written their

homework by 12 o’clock.

2.the duration up to a certain time in the future:

e.g.:

On Tuesday they will have been on holidys for one week.

3.possibility or assumption:

e.g.:

If Flavia has taken a taxi, she will have arrived at the airport in

time. (I assume that she has arrived./It is likely that she has

arrived.)

5.THE FUTURE PERFECT CONTINUOUS TENSE

Form: S+ shall/will + have + been + Present Participle

Affirmative

I shall/will have been playing = Mă voi fi jucat

You will have been playing

He will have been playing

She will have been playing

It will have been playing

We shall/will have been playing

You will have been playing

They will have been playing

Interrogative

Shall/will + S + have + been + present participle

Shall/Will I have been playing?

Will you have been playing?

Will he have been playing?

Will she have been playing?

Will it have been playing?

Shall/Will we have been playing?

Will you have been playing?

Will they have been playing?

Negative

S+ shall/will + not +have +been + present participle

Long form Short form

I shall/will not have been playing I shan’t/won’t have been playing

You will not have been playing You won’t have been playing

He will not have been playing He won’t have been playing

She will not have been playing She won’t have been playing

It will not have been playing It won’t have been playing

We shall/will not have been playing We shan’t/won’t have been

playing

You will not have been playing You won’t have been playing

They will not have been playing They won’t have been playing

28

Use

The Future Perfect Continuous is used to express:

the duration of an action up to a certain moment in the future:

e.g.:

At 6 o’clock, your husband will have been sleeping for two hours.

C.PRACTICE SECTION :

5.4. Key Answer Guide for Self-assessment Activities

The Synthesis of Learning Unit # 5 through Self-assessment Tests:

A.READING SECTION:

1.Self-assessment Test on Legal Knowledge. The Legal Professionals (I). Lawyers

Activity 1

Answer the following questions:

1.How many types of lawyers could you consult in England?

2.Define the word “barrister”.

3.What is a Queen’s Counsel (QC)?

4.By whom is a Queen’s Counsel (QC) chosen?

5.How many practising solicitors are there in England and Wales?

6.What is the area of expertise of a paralegal?

B.GRAMMAR SECTION:

Tense Revision

2.Self-assessment Test on Grammar Knowledge. The Future Tenses.

Activity I.

1.Choose the correct translation for the following sentence:

Rose îşi va cumpăra o carte.

a.Rose will buy a book.

b.Rose will buys herself a book.

c.Rose shall buy herself a book.

2.Choose the correct translation for the following sentence:

Ele se tem că Flavia nu va ajunge la timp la aeroport.

a.They are afraid Flavia won’t get at Frankfurt Airport in time.

b.They are afraid Flavia won’t get to Frankfurt Airport in time.

c.They are afraid Flavia won’t got to Frankfurt Airport in time.

3.Choose the correct translation for the following sentence:

Probabil că Anne şi Adelle vor reuşi să găsească un taxi.

a.Anne and Adelle will probably manage to find a taxi.

b.Anne and Adelle will probably manage at finding a taxi.

c.Anne and Adelle are to find a taxi.

4.Choose the correct translation for the following sentence:

Sunt sigur că Harry va aduce mâine CD-ul la bibliotecă..

a.I’m sure that Harry will bring tomorrow the CD at the library.

b.I’m sure that Harry will brings the CD tomorrow at the library.

c.I’m sure that Harry will bring the CD to the library tomorrow.

5.Choose the correct translation for the following sentence:

Sper că vor găsi bilete pentru Freiburg.

a.I hope they’ll find tickets to Freiburg.

b.I hope they’ll find tickets at Freiburg.

c.I hope they’l find tickets to Freiburg.

29

6.Choose the correct translation for the following sentence:

Vrei să mergi cu noi în Germania?

a.Will you come to Germany with us?

b.Do you want to come with us at Germany?

c.Do you desire to come with us to Germany?

7.Choose the correct translation for the following sentence:

Vrei să îmi aduci puţină cafea?

a.Will you bring me a little coffee?

b.Will you bring me some coffee?

c.Will you bring me a few coffee?

8.Choose the correct translation for the following sentence:

Să-ţi ajut să strângi masa?

a.Do I help you to clear the table?

b.Shall I help you to clear the table?

c.Do you want me to help you clear the table?

9.Choose the correct translation for the following sentence:

Vreţi să ne spuneţi ceva despre acest roman?

a.Do you want to tell us something about this novel?

b.Will you tell us something about this novel?

c.Will you tell us anything about this novel?

10.Choose the correct translation for the following sentence:

Ce zici, să ne uităm la televizor sau să citim?

a.Shall we watch TV or read?

b.What do you say, do we watch TV or read?

c.Let’s go watch TV or read! (Adapted and abridged from: Exerciţii de gramatică engleză, Georgiana Gălăţeanu,Ed. Albatros,

Bucureşti, 1979)

Activity II. Put the verbs in brackets in the correct tense.

1.This time next year we (to travel) to Chicago. 2. If they come at 6 p.m., they (to have) dinner.

3.It (to snow) when we get there. 4. This time next year we (to study) at the Chicago University.

5.At 7p.m. Andrew and William (to listen) to the news.

Keywords to be remembered: lawyers, barristers, solicitors, paralegals, the Future Simple

Tense, the Future Continuous Tense, to be going to (near future), the Future Perfect Simple

Tense, the Future Perfect Continuous Tense

Comprehension Check:

Activity 1.Use the verbs in brackets in the Future Perfect Simple Tense:

1.By the end of October, all the leaves (to fall). 2.Before we leave Washington, D.C., we (to visit)

every museum in the National Mall. 3.By Sunday night, you (to finish) the Fulbright project.

4.By 11 p.m. Vincent (to come) back home. 5.By this time next year, Sister Grace (to remember)

all about this country. 6. By the end of June, Dana and Nick (to repaint) the house. 7.When we get

home, the children (to get) there, for a long time.

Activity 2. Use the verbs in brackets in the Future Perfect Continuous Tense:

1.By 10.30 a.m., the professor (to write) on the board for 20 minutes . 2.I (to study) American

English for 8 months when I finish my American project. 3.By April I (to teach) in this School for

8 months 4. We (to listen) to the latest news on BI for 10 minutes when Violet calls us. 5. By the

end of August Jack (to take) English lessons for two months.

30

Topics for presentation:

1.Write/Speak about lawyers in England: a.Barristers; b.Solicitors; c.Paralegals.

Assessment and Self-assessment Tests

Activity 1.Translate the following sentences into English using the Future Continuous Tense:

1.Sunt sigur că la ora 10 p.m., Bill şi Annette vor citi. 2.Sister Gretchen va scrie exerciţiile în

franceză când va fi ora 11. 3. Marţi pe vremea asta mama va cânta la pian. 4.Dolly and Joan se

vor juca în curte toată dimineaţa. 5.Sâmbăta viitoare, la ora 10 a.m., ne vom plimba pe malul

Siretului. (Adapted and abridged from: Gramatica limbii engleze, volumul I, Constantin Paidos, Institutul European,

Iaşi, 1995)

Activity 2.Translate the following sentences into English using the Future Perfect

SimpleTense:

1.Până la sfârşitul anului universitar vom fi învăţat despre Constituţia SUA. 2.Avionul va fi plecat

înainte de a ajunge noi la aeroport. 3.Până la ora 3p.m. Amber va fi semnat toate documentele.

4.Sunt sigură că aceste bilete se vor vinde până luni. (Adapted and abridged from: Gramatica limbii

engleze, volumul I, Constantin Paidos, Institutul European, Iaşi, 1995)

Activity 3.Translate the following sentences into English using the Future Perfect Continuous

Tense:

1.De cât timp vei lucra în acest birou când se va termina bursa Fulbright? 2.La sfârşitul acestui an

universitar, Dolly va învăţa japoneză de 2 ani. 3. Pe 5 iulie se împlinesc 3 ani de când Violet

locuieşte în această casă. 4.Mâine la ora 9a.m., vom zbura spre Grecia de cel puţin o oră. (Adapted and abridged from: Gramatica limbii engleze, volumul I, Constantin Paidos, Institutul European,

Iaşi, 1995)

REVISION II

TERM ASSESSMENT TEST 2 (=EVALUARE 2)

LEARNING UNIT # 5 : THE LEGAL PROFESSIONALS (I). LAWYERS

Circle the correct answer. Only one answer is correct.

1. Rose isi va cumpara o carte.

a. Rose will buy a book.

b. Mary will buy a book.

c. Kate will buy a book.

Circle the correct answer. Only one answer is correct.

2. Ele se tem ca Flavia nu va ajunge la timp la aeroport.

a. They are afraid that Sylvia won’t get to the airport in time.

b. They are afraid that Flavia won’t get to the airport in time.

c. They are afraid that June won’t get to the airport in time.

Circle the correct answer. Only one answer is correct.

3. Probabil ca Anne si Adelle vor reusi sa gaseasca un taxi.

a. Anne and Adelle will probably manage to finding a taxi.

b. Anne and Adelle are probably going to find a taxi.

c. Anne and Adelle will probably manage to find a taxi.

Circle the correct answer. Only one answer is correct.

4. Sunt sigur ca Henry va adduce maine CD-ul la biblioteca.

a. I’m sure that Henry will bring the CD to the library tomorrow.

b. I’m sure that Henry will bring tomorrow the CD to the book-store.

c. I’m sure that Henry will brings the CD tomorrow in the class.

Circle the correct answer. Only one answer is correct.

5. Sper ca vor gasi bilete de avion pentru Frankfurt.

31

a. I hope they’ll find plane tickets at Frankfurt.

b. I hope they’ll fine plane tickets to Frankfurt.

c. I hope they’ll find plane tickets in Frankfurt.

Circle the correct answer. Only one answer is correct.

6. Vrei sa mergi cu noi in Germania?

a. Do you want to come with us in Germany?

b. Do you desire to come with us at Germany?

c. Will you join us to Germany?

Circle the correct answer. Only one answer is correct.

7. Vrei sa imi aduci niste cafea?

a. Will you bring me some coffee?

b. Will you bring me a few coffee?

c. Will you bring me any coffee?

Circle the correct answer. Only one answer is correct.

8. Sa te ajut sa strangi masa?

a. Do I help you to clear the table?

b. Shall I help you to clear the table?

c. Do you want me to help you to clear the table?

Circle the correct answer. Only one answer is correct.

9. Vreti sa ne spuneti ceva despre acest roman?

a. Will you tell us anything about this novel?

b. Do you want to tell us something about this novel?

c. Will you tell us something about this novel?

Circle the correct answer. Only one answer is correct.

10. Ce zici, sa ne uitam la televizor sau sa citim?

a. Shall we watch TV or read?

b. What do you say, do we watch TV or read?

c. Let’s watch TV or read!

Circle the correct answer. Only one answer is correct.

11. This time, next year, we (to travel) to Chicago.

a. This time, next year, John and Anne will be studying at Delaware University.

b. This time, next year, we shall be travelling to Chicago.

c. This time, next year, Vincent and Jill will be visiting the Supreme Court.

Circle the correct answer. Only one answer is correct.

12.By the end of October, all the first year students (come back) to Spiru Haret University.

a. By the end of October, all the people of New York will have come back to their homes.

b. By the end of October, all the members of his family will have come back to Israel.

c. By the end of October, all the first year students will have come back to Spiru Haret University.

Circle the correct answer. Only one answer is correct.

13. I (to study) American-English for 8 months when I finish my American Fulbright project on criminal law.

a. I will have been studying American-English for 8 months when I finish my American Fulbright project on criminal

law.

b. I will have been studying German for 8 months when I finish my German Fulbright project on Germans.

c. I will have been studying Spanish for 8 months when I finish my Hispanic Fulbright project on Mexicans.

Circle the correct answer. Only one answer is correct.

14. Sunt sigur ca la ora 10 dimineata, Bill si Annette vor studia dreptul american.

a. I am sure that Bill and Annette will be studying the Jewish law at 10 a.m..

b. I am sure that Bill and Annette will be studying the American law at 10 a.m..

c. I am sure that Bill and Annette will be studying the Roman law at 10 a.m..

Circle the correct answer. Only one answer is correct.

15. Pana la sfarsitul anului universitar vom fi invatat despre Constitutia Statelor Unite.

a. By the end of the academic year, we will have learned about the Austrian Constitution.

32

b. By the end of the academic year, we will have learned about the Jewish Constitution.

c. By the end of the academic year, we will have learned about the U.S. Constitution.

Circle the correct answer. Only one answer is correct.

16. Pana la ora 3 p.m., Primul Ministru va fi semnat toate documentele.

a. By 3 p.m., the Prime Minister will have signed all the papers.

b. By 3 p.m., the Prime Minister will have signed all the letters.

c. By 3 p.m., the Prime Minister will have signed all the copies of his doctoral thesis.

Circle the correct answer. Only one answer is correct.

17. La sfasitul acestui an, ambasadorul englez va invata romana de doi ani.

a. By the end of this year, the English Ambassador will have been learning Japanese for two years.

b. By the end of this year, the English Ambassador will have been learning Romanian for two years.

c. By the end of this year, the English Ambassador will have been learning Hebrew for two years.

Circle the correct answer. Only one answer is correct.

18. Maine la ora 9 a.m., Presedintele Statelor Unite va zbura spre Wasington, D.C. de cel putin o ora.

a. By 9 a.m., tomorrow, the President of Romania will have been flying to Washington, D.C. for at least one hour.

b. By 9 a.m., tomorrow, the President of Israel will have been flying to Washington, D.C. for at least one hour.

c. By 9 a.m., tomorrow, the President of the United States will have been flying to Washington, D.C. for at least one

hour.

ANSWERS

LEARNING UNIT # 5: THE LEGAL PROFESSIONALS (I). LAWYERS

5.4.Key Answer Guide for Self-assessment Activities

A.READING SECTION:

1.Self-assessment Test on Legal Knowledge. The Legal Professionals (I). Lawyers

1.There two types of lawyers; barristers and solicitors. 2.A barrister is someone who pleads at the bar. 3.He is a

barrister with at least ten years’ experience. 4.He is chosen by the Lord Chancellor. 5.There are approximately 85,000

practising solicitors. 6.Conveyancing or personal compensation claims.

B.GRAMMAR SECTION:

2.Self-assessment Test on Grammar Knowledge

Activity I.1.A; 2.B; 3.A; 4.C; 5.A; 6.A; 7.A; 8.B; 9.B; 10.A

Activity II.1.shall/will be travelling; 2.will be having; 3.will be snowing; 4.shall/will be studying; will be listening.

Comprehension check

Activity I.1.will have fallen; 2.will have visited; 3.will have finished; 4.will have come; 5.will have remembered;

6.will have repainted; 7.will have got

Activity II.1.will have been writing; 2.will have been studying; 3.will have been teaching; 4.will have been listening;

5.will have been taking

Assessment and Self-assessment Tests

Activity I.I am sure Bill and Annette will be reading at the time. 2.Sister Gretchen will be writing the exercises in

French when the bell strikes 11 a.m.. 3.At this time on Tuesday, mom will be playing the piano. 4.Dolly and Joan will

be playing in the yard all morning. 5.At 10 a.m. next Saturday, we shall/will be walking on the Siret bank.

Activity II.1.By the end of the academic year, we will have learned about the U.S. Constitution. 2.The plane will have

taken off before we get to the airport. 3.By 3 o’clock Amber will have signed all the documents. 4.I’m sure that these

tickets will have sold by next Monday.

Activity III.1.How long will you have been working in this office when your Fulbright grant ends? 2.At the end of this

academic year, Dolly will have been learning Japanese for two years. 3.On July 5, Violet will have been living in this

house for two years. 4.By nine o’clock tomorrow we’ll have been flying to Greece for at least one hour.

5.4.1.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.

33

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.

5.4.2. Bibliographical References:

1. Boarcăş, Camelia, Anca Magiru,(2002) , English Practical Course, Constanţa: Europolis;

2.Gălăţeanu-Fârnoagă, Georgiana, (1987), Sinteze de gramatică engleză, Bucureşti: Ed. Albatros;

3.Limba engleză, Ed. Didactică şi Pedagogică, Bucureşti, 1978

4.Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries;

5.Oxford Dictionary of Law, (c.2003), Ed. by Elizabeth A. Martin, Oxford University Press;

6.Paidos, Constantin, (1995), Gramatica limbii engleze, volumul I, Iaşi: Institutul European;

7.Penruddocke, Andrea, Christopher A. Warnasch, (2004), English for the Real World, A Random House Company;

8.Ronald Lister, Klemens Veth, 2010, Dicţionar juridic, englez-român, român-englez, Bucureşti: Ed. Niculescu;

9.Seely, John, (2003), Law in Everyday Life, Oxford: Oxford University Press;

10. Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti,

Ed. Niculescu.

34

CONTINUT CURS SI SEMINAR. CURSUL ESTE MARCAT CU ROSU

Learning Unit # 6

THE LEGAL PROFESSIONALS (II). MAGISTRATES AND JUDGES

He taught me housekeeping; when I

divorce, I keep the house. American film star Zsa Zsa Gabor of her fifth husband

6.1. Introduction

6.2. The Objectives and Competences of Learning Unit # 6

6.3. The Contents of Learning Unit # 6:

A.READING SECTION: The Legal Professionals (II). Magistrates and Judges

6.3.1. The Legal Professionals (II). Magistrates and Judges

B.GRAMMAR SECTION: Tense Revision

6.3.2. Expressing Future Time (II)

C.PRACTICE SECTION: 6.4. Key Answer Guide for Self-assessment Activities

6.4.1.Compulsory Bibliography

6.4.2.Bibliographical References

6.1. Introduction

Magistrate. (n) A justice of the peace sitting in a

magistrates’ court. Most magistrates are lay persons and have no

formal legal qualifications: they receive no payment for the services

but give their time voluntarily. There are, also, however, district

judges (magistrates’ court) (formarly called stipendiary magistrates)

in London and other major cities.

Justice of the Peace (JP). A person holding a commission

from the Crown to exercise certain judicial functions for a particular

commission area. JPs are appointed on behalf of and in the name of

the Queen by the Lord Chancellor and may be removed from office

in the same day. On reaching the age of 70 they are placed on a

supplemental list and cease to be able to exercise any judicial

functions. Their principal function is to sit as magistrates in the

magistrates’courts but they may also sit in the Crown Court when it is

considering committals for sentence and appeals from

magistrates’courts, sign warrants of arrest and search warrants, and

take statutory declarations. All High Court judges are ex officio

justices of the peace for the whole of England and Wales.

Judge. (n) A state official with power to adjudicate on

disputes and other matters brought before the courts for decision. In

English law all judges are appointed by the Crown, on the advice of

the Lord Chancellor in the case of circuit judges and High Court

puisne judges and on the advice of the Prime Minister in the case of

judges of the Court of Appeal and the Lords of Appeal in Ordinary.

All judges are experienced legal practitioners, mostly barristers, but

solicitors can be appointed if they possess the relevant advocacy

qualification. The independence of the higher judiciary is ensured by

the principle that they hold office during good behaviour and not at

the pleasure of the Crown (with the exception of the Lord

35

Chancellor). They can only be removed from office by a resolution of

both Houses of Parliament assented to by the Queen. Their salaries

are a charge on the Consolidated Fund and are not voted annually.

Circuit judges may be removed by the Lord Chancellor for incapacity

or misbehaviour. All judicial appointments are pensionable and there

is a compulsory retirement age of 70 years, but this can be extended

to 75 if considered to be in the public interest. (Adapted and abridged

from Oxford Dictionary of Law, fifth edtion, edited by Elizabeth A. Martin,

Oxford University Press)

6.2. The Objectives and Competences of Learning Unit # 6

The Objectives of Learning Unit # 6:

O1 to understand the legal content:

O1a.to provide a factual account of the English Legal Professionals with

special reference to magistrates and judges

O1.b.to test the students’ legal knowledge

O2 to understand the language content:

O2a. to revise the forms and uses of the Future-in-the-Past Simple Tense,

the Future-in-the-Past Continuous Tense, the Present Simple Tense, the

Present Continuous Tense;

O2.b.to test the students’ grammar knowledge;

O2b. to rise the students’ interest in working with a good law dictionary.

The Competences of Learning Unit # 6:

C1. getting familiar with the English legal professionals with special

references to magistrates and judges;

C2. using correctly the Future-in-the-Past Simple Tense, the Future-in-the-

Past Continuous Tense, the Present Simple Tense, the Present Continuous

Tense 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 # 6: 8 classes

6.3. The Contents of Learning Unit # 6

A.READING SECTION:

The Legal Professionals (II). Magistrates and Judges

6.3.1 The Legal Professionals (II). Magistrates and

Judges

Read and learn the following language notes, grammatical terms

and vocabulary:

commission = autorizare, împuternicire

supplemental = syn. supplementary; suplimentar, adiţional, în plus

to sit, sat, sat = (v) a prezida, a conduce

committal for sentence = trimitere în judecată, punere sub acuzare

search warrant = mandat de percheziţie

statutory declaration = declaraţie pe proprie răspundere

ex officio = (Latin terms) de drept, din oficiu, în virtutea poziţiei

sale

to adjudicate, -d, -d = (v) a judeca, a pronunţa o hotărâre, a emite o

sentinţă

puisne judge = magistrat inferior (în dreptul normand)

36

advocacy qualification = pregătire pentru pledoarie

to hold office, held office, held office = a fi în funcţie, a fi la putere

charge = (n) plată, preţ, protecţie, răspundere

Consolidated Fund = fondul bugetar

magistrate = (n) magistrat, judecător, ofiţer de poliţie; (UK)

judecător de pace, (membru al Consiliului Magistraţilor)

Justice of the Peace (JP) = judecător de pace, judecător cu

autoritate administrativă/cu competenţe limitate

lay magistrate = judecător laic, neprofesionist

stipendiary magistrate = judecător/magistrat plătit de stat;

judecător de carieră/profesionist; magistrat de carieră care îşi

exercită profesia în oraşele mari din Anglia

district judge = syn. junior judge; judecător districtual

circuit judge = (UK) judecător itinerant la nivel de judecătorie;

(US) magistrat al unei instanţe regionale/al unui district

judecătoresc

justices’ clerk = magistrat asistent

A qualified lawyer who advises magistrates during a trial in a

Magistrates’ Court

junior judges = judecători districtuali cu o experienţă sub 10 ani; ei

pot rămâne ‘junior’ pe tot parcursul carierei

clerk = (n) funcţionar, secretar, jurist

clerk of the court/clerk of the Justices = grefier

recorder = (n) secretar, grefier, arhivar; (UK) avocat numit de

Coroană în funcţia de judecător; (US) judecător supleant

county court = instanţă locală/regională; tribunal local/regional

panel = listă, tabel, juriu, comisie

advisory = consultativ, care dă sfaturi/recomandări

advisory panel = comisie de experţi

to draw, drew, drawn from the ranks = a trage la sorţi din

rândurile

tuition = (n) instrucţie, lecţii, ore (de clasă)

hypothetical = ipotetic, bazat pe supoziţie; presupus

Law Lords/Lords of Appeal (in Ordinary) = magistraţi/membri ai

Camerei Lorzilor, judecători ai instanţei superioare când aceasta

este ultima instanţă de atac

Eleven of the most eminent lawyers in the land are awarded

peerages and sit in the House of Lords. When cases go to the House

of Lords on appeal, they represent the House of Lords.

peerage =(n) înnobilare

Lord Chancellor = Lordul Cancelar, adjunct al ministrului britanic

de justiţie; Preşedintele Camerei Lorzilor

The head of the judiciary, the body of judges, a member of the

Cabinet, and the person responsible for appointing judges and

QCs/KCs. He is also effectively the Speaker of the House of Lords.

Lord Chief Justice(LCJ) = Procuror General; Preşedinte al Inaltei

Curţi de Justiţie

The second most senior judge, after the Lord Chancellor

Read and translate the following text into Romanian:

37

The Legal Professionals (II).

Magistrates and Judges

Magistrates

Magistrates are also known as Justices of the Peace (JPs).

There are over 30,000 magistrates in England and they try 95% of

the criminal cases. Almost all magistrates are unpaid volunteers,

but there are a small number of paid (stipendiary) magistrates,

working in large centers of population. They are junior judges and

are officially called district judges.

The unpaid magistrates are a group of men and women who

have no formal legal qualifications. They are selected by the Lord

Chancellor through local advisory panels. They receive a certain

amount of basic training, and are assisted in their work by legally

qualified justices’ clerks, solicitors or barristers.

Judges

Judges are drawn from the ranks of barristeres and

solicitors, mostly solicitors. They are appointed by the Lord

Chancellor and receive a brief period of training involving both

tuition and sentencing exercises in which new judges consider

hypothetical but realistic cases and discuss what sentence the

defendant should receive.

The following table shows the different types of judge and

the kinds of case with which they can be concerned.

Name Court Number Types of case

1.Magistrate Magistrates’Court 30,000; Minor criminal &

civil

2.Recoder County/Crown 1,350 criminal & civil

3.District judge County Court 400 civil (especially

small claims)

4.Circuit judge County/Crown 560 serious criminal & lesser civil

5.High Court judge;High Court 100 more serious civil cases

6.Appeal Court judge Appeal 35 Appeals from County,Crown,

High Courts

7.Law Lord House of Lords 12 Appeals from Appeal Court

How do you address a judge?

District judge: Sir/Madam

Circuit judge: Your Honour

High Court judge and above: My Lord/My Lady (Adapted and abridged from Law in Everyday Life, John Seely, Oxford

University Press, 2003)

B.GRAMMAR SECTION:

Tense Revision & Consolidation

6.3.2.Expressing Future Time:

6.Future-in-the-Past Simple Tense

7.Future-in-the-Past Continuous Tense

38

8.The Present Continuous Tense

9.The Present Simple Tense

6.THE FUTURE-IN-THE-PAST SIMPLE TENSE

Form and Use

Form: should/would + short infinitive

Note: Do not mistake it for the present conditional tense!

Affirmative

Long form Short form

I should/would play = mă voi juca I’d play

You would play You’d play

He would play He’d play

She would play She’d play

It would play It’d play

We should/would play We’d play

You would play You’d play

They would play They’d play

Interrogative

Should/Would +S + Short Infinitive

Should/Would I play?

Would you play?

Would he play?

Would she play?

Would it play?

Should/Would we play?

Would you play?

Would they play?

Negative

Long form Short form

S+ should/would + not + short infinitive

I should/would not play I shouldn’t/wouldn’t play

You would not play You wouldn’t play

He would not play He wouldn’t play

She would not play She wouldn’t play

It would not play I wouldn’t play

We should/would not play We shouldn’t/wouldn’t play

You would not play You wouldn’t play

They would not play They wouldn’t play

Other short form

I’d not play

You’d not play

He’d not play

She’d not play

It’d not play

We’d not play

You’d not play

They’d not play

Use

39

This tense is used to express:

a future action or state seen from a viewpoint in the past. It

occurs in object clauses.

e.g.:

Jane told me that she would go to Constanţa soon.

7.THE FUTURE-IN-THE-PAST CONTINUOUS TENSE

Form and Use

Form: should/would + be + (Present Participle)

V+ing

Affirmative

Long form Short form

I should/would be playing = mă voi juca I’d be playing

You would be playing You’d be playing

He would be playing He’d be playing

She would be playing She’d be playing

It would be playing It’d be playing

We should/would be playing We’d be playing

You would be playing You’d be playing

They would be playing They’d be

playing

Interrogative

Should/Would + S + be + V + ing (Present Participle)

Should/Would I be playing?

Would you be playing?

Would he be playing?

Would she be playing?

Would it be playing?

Should/Would we be playing?

Would you be playing?

Would they be playing?

Negative

Long form Short form

S+ should/would + not + be + V + ing (Present Participle)

I should/would not be playing I shouldn’t/wouldn’t be playing

You would not be playing You wouldn’t be playing

He would not be playing He wouldn’t be playing

She would not be playing She wouldn’t be playing

It would not be playing It wouldn’t be playing

We should/would not be playing We shouldn’t/wouldn’t be

playing You would not be playing You wouldn’t be playing

They would not be playing They wouldn’t be playing

Use

This tense expresses:

a Future Continuous action or state seen from a past viewpoint.

e.g.:

The baby-sitter assured them that, in less than an hour, the baby

40

would be sleeping.

8.THE PRESENT CONTINUOUS TENSE

Use

The Present Continuous is used to express:

1.a planned action, an arrangement:

e.g.:

We are seeing the sites tomorrow.

2.a future action with verbs of movement (to go, to come, to

leave, to arrive,etc.)

e.g.:

My husband is leaving tomorrow morning.

9.THE PRESENT SIMPLE TENSE

Use

The Simple Present is used to express future actions:

1.in conditional clauses:

e.g.:

Flavia will catch the plane if she hurries.

2.in time clauses:

e.g.:

You will like my friend when you see him.

3.that are part of an officially settled programme:

e.g.:

Our plane takes off at 8 a.m., so we arrive in the Greek capital at

about 10 a.m.

C.PRACTICE SECTION :

6.4. Key Answer Guide for Self-assessment Activities

The Synthesis of Learning Unit # 6 through Self-assessment Tests:

B.GRAMMAR SECTION:

Tense Revision & Consolidation

2.Self-assessment Test on Grammar Knowledge. The Future-in-the-Past Simple Tense, the

Future-in-the-Past Continuous Tense, the Present Continuous Tense, the Present Simple

Tense.

Activity I. Use the verbs in brackets in the Future-in-the-Past Simple Tense:

1.Harrison promised he (to come) to the Congress Library on time. 2.The thief didn’t know that

the owners of the house (to leave) at 2 p.m.. 3.The policeman told the prisoner that he (to

understand) how serious his offence was, later. 4.The lawyers assured them that they (to help)

them.5.Why didn’t you tell them that the prosecutor (to go) to Washington, D.C., on Tuesday? ANSWER

Activity 1. 1.would come; 2.would leave; 3. would understand; 4.would help; 5.would go.

41

Activity II.Use the verbs in brackets in the Future-in-the-Past Continuous Tense according to

the model:

e.g.: Rachel reminded them that at that time she (to travel) to Chicago.

Rachel reminded them that at that time she would be travelling to Chicago.

1.He was sure that the President (to sleep) on that idea at that time. 2.Daniel thought Nicholas (to

watch the TV documentary on American prisons) at 2 p.m. on Sunday. 3.The Chief Inspector

didn’t believe the offenders (to learn) how to rob a bank while in prison. 4.They understood that

the prisoners (to play) hide and seek in their cells at 4 p.m.. 5. The serial killer let the police

know that he (to do) an interesting experiment on murder at 11p.m. on January 1st. ANSWER

Activity II.1.would be sleeping; 2.would be watching TV; 3.would be learning; 4.would be playing; 5.would be doing.

Activity III. Use the verbs in brackets in the correct form:

1.If the Lord Chancellor comes here, you (to give) him these documents. 2. The black markeeter

will stop if he (to see) the police car coming. 3.The constable (to chase) him if he breaks into that

house. 4.If he lends you these cuffs, when you (to return) them? 5.The defendant (to ring) his

lawyer up if he is taken into custody. 6.What (to happen) if he is shot while he is trying to

escape?7.Unless the policemen have a police patrol car, they (not to go) after the criminals. 8. If

the bell rings while the killer is in the house, he (not to answer) it. 9.You (not to be able) to do

community service unless you are discharged from prison. 10.The prisoner will keep staying in

his cell if he (not to feel) very well. ANSWER

Activity III.1.will give; 2.sees; 3.will chase; 4.will you return; 5.will ring; 6.will happen; 7.will not go; 8.will not

answer; 9.will not be able; 10.does not feel.

Activity IV.

Join the following sentences. Express future actions by using the Simple Present after the

following words: as soon as, when, till/until, before, while:

a.as soon as.1.The magistrate will give you back the file. He will study it. 2.The Justice of the

Peace will pronounce the sentence. He will decide on it. 3.Judges will receive a brief period of

training. The Lord Chancellor will appoint them. 4.These men and women, with no formal legal

qualifications, will be unpaid magistrates.The Lord Chancellor will select them. 5.Stipendiary

magistrates will work in large centers of population. They will be officially called district judges.

b.when 1.The prisoner will call on you. He will be a free man. 2.The district judges will leave for

Predeal.They will be on their summer holidays. 3.The circuit judge will ring us up. He will get

some information about the man who has broken into our house. 4.We’ll speak to that clerk.

We’ll see him. 5.The clerk of the court will give you this message. You will go to the court.

c.till/until 1.The recorder will keep this document. He will need it. 2.Tuition will be given to

judges. They will get trained. 3.You will not know English law well. You will not study hard.

4.The new judges will consider hypothetical cases. The brief period of training will get to an end.

5.The parole officer will look after the parolee. He will behave himself.

d.before 1.The European Commissioner will pay our President a visit. He will leave for Tel Aviv.

2.The judges from the Constitutional Court will pronounce the decision on the referendum.

They’ll go on their summer holidays. 3.You will know the final decision of the court.You will go

on a trip to a Greek island. 4.The judges will let us know the sentence.They will leave the court

for their lunchbreak. 5.The Parliament will meet today. The members will go on their

parliamentary holidays.

e.while 1.The guardian will watch the prisoner. The warden will give orders for encarceration.

2.The Prime Minister will resign. Mr President will be wating for his resignation. 3.The interim

president will resign. The suspended president will come back to the Cotroceni Palace. 4.They

42

will tell you only lies. They will watch their failure regarding the referendum. 5. Our President

will read his declaration. We’ll watch him.

ANSWER Activity IV.a.as soon as: 1.The magister will give you back the file as soon as he studies it. 2.The Justice of the Peace

will pronounce the sentence as soon as he decides on it. 3. Judges will receive a brief period of training as soon as the

Lord Chancellor appoints them. 4.These men and women, with no formal legal qualifications, will be unpaid

magistrates as soon as the Lord Chancellor select them. 5.Stipendiary magistrates will work in large cities of population

as soon as they are officially called district judges.

b.when: 1.The prisoner will call on you when he is a free man. 2.The district judges will leave for Predeal mountain

resort when they are on their summer holidays. 3.The circuit judge will ring us up when he gets some information about

the man who has broken into our house. 4.We’ll speak to that clerk when we see him. 5. The clerk of the court will give

you this message when you go to the court.

c.till/until: 1.The recorder will keep this document till he needs it. 2.Tuition will be given to judges till they get trained.

3.You will not know English law well until you do not study hard. 4.The new judges will consider hypothetical cases

till the period of training gets to an end. 5.The parole officer will look after the parolee till he behaves himself.

d.before: 1.An European Commissioner will pay our President a visit before he leaves for Tel Aviv.2.The nine judges

from the Constitutional Court will pronounce the decision on the referendum before they go on their summer holidays.

3. You will know the final decision before you go on a trip to a Greek island. 4.The judges will let us know the

sentence before they leave the court for their lunchbreak. 5.The Parliament will meet today before their members go on

their parliamentary holidays.

e.while: 1.The guardian will watch the prisoner while the warden gives orders for his encarceration. 2. The Prime

Minister will resign while Mr President is waiting for his resignation. 3.The interim president will resign while the

suspended president comes back to the Cotroceni Palace. 4.They will tell you only lies while they watch their failure

regarding the referendum. 5.Our President will read his declaration while we will watch him on TV.

Activity V. Translate the following into English using the Future-in-the-Past Simple

Tense:1.George spera că va ajunge preşedinte. 2.Curtea Constituţională ne-a înştiinţat că

preşedintele interimar va trebui să plece de la Palatul Cotroceni. 3.Eram sigur că se va lua o

decizie legală. 4.Robert ne-a promis că va invita jurnalişti de renume la emisiunea sa. 5.Laura a

promis că va lupta împotriva corupţiei. Activity V.George hoped that he would become President. 2.The Constitutional Court let us know that the interim

president would have to leave the Cotroceni Palace. 3.I was sure that a legal decision be given. 4.Robert promised us

that he would invite famous journalists at his broacasting transmission. 5.Laura promised that she would fight against

corruption.

Activity VITranslate the following into English using the Future-in-the-Past

Continuous:1.Ne-am amintit că, a doua zi la ora douăsprezece, judecătorii încă vor lucra. 2.Eram

sigur că oamenii se vor uita la televizor la ora aceea. 3. Oamenii nu credeau că judecătorii de la

Curtea Constituţională vor lucra la ora unu după amiază. 4.Preşedintele interimar ne-a spus că va

purta un costum negru. 5. Nu am ştiut că preşedintele intermar va sta la Guvern 10 minute. Activity VI1.We remembered that, at one p.m., the next day, the judges would still be working. 2.I was sure that the

people would be watching TV at that time. 3.The people didn’t believe that the judges at the Constitutional Court

would be working at 1 p.m.. 4.The interim president told us that he would be wearing a black suit tonight.5.We did not

know that the interim president would be staying for 10 minutes at the Government headquarters.

Activity VIIanslate the following sentences into English using the Present Continuous Tense

to express future actions:1.Mergeţi la Ambasada americană în după-amiaza aceasta? 2.La ce oră

pleacă preşedintele interimar mâine dimineaţă? 3.Câte declaraţii faceţi astăzi, domnule

Preşedinte? 4.Când scrieţi o nouă teză de doctorat, domnule Prim Ministru? 5.Unde doarme la

noapte fostul preşedinte interimar? Activity VIIAre you going to the U.S. Embassy this afternoon? 2.At what time is the interim president leaving the

Cotroceni Palace? 3.How many declarations are you giving today, Mr President? 4.When are you writing anew

doctoral thesis, Mr Prime Minister? 5.Where is sleeping the interim president tonight?

Activity VIII.nslate the following sentences into English using the Simple Present to express

future actions:1.Laurenţiu va fi foarte surprins când va auzi decizia finală. 2.Judecătorii vor da

43

decizia dacă vor primi lista electorală. 3. Preşedintele interimar va trece pe la Guvern de îndată ce

va şti răspunsul Curţii. 4.Sunt sigur că nu va fi de acord cu decizia când aceasta se va da. 5.Dacă

vei citi decizia, vei înţelege că este perfect legală. Activity VIII.Lawrence will be very surprised when he hears the final decision. 2.The judges will give the decision if

they receive the electoral register. 3.The interim president will drop by the Government headquarters as soon as he

finds out the Court’s decision. 4.I’m sure that he will not agree with the decision when this is made known. 5.If you

read the decision, you will understand that it is perfectly legal.

6.4.1.Compulsory Bibliography

Lister, Ronald, Klemens Veth, (2010), Dicţionar juridic, englez-român, român-englez, Bucuresti: Ed. Niculescu

Magiru, Anca, (2013), Limba engleză, (Curs în tehnologie ID/IFR), Bucureşti: Editura Fundaţiei România de Mâine;

Magiru, Anca, (2011), English for Law Students, Bucuresti, Ed. Universitara;

Magiru, Anca, (2011), English for Public Administration Students, Bucuresti, Ed. Universitara;

Magiru, Anca, (2010), American Criminal Law, An Introduction for Law Students of English, Bucuresti: Ed.

Universitara.

Optional Bibliography

Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I,II,III Iaşi: Institutul European;

Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti:

Ed.Niculescu.

Brookes, Michael, Christiane Treutenare, (2002), 1000 de cuvinte in Drept, Bucuresti: Compania;

Champion, Dean J., (1998), Dictionary of American Criminal Justice. Key Terms and Major Supreme Court Cases,

Minot State University, London, Chicago: Fitzroy Dearborn Publishers;

Constitutia Romaniei, (2004), Bucuresti: Ed. All Beck;

The Constitution of the United States and the Declaration of Independence, Reprinted 2001 by the Supreme Court

Historical Society, 2001;

Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar, Bucuresti: Ed. Didactica si

Pedagogica;

Martin, Elizabeth A., 2003, A Dictionary of Law, Oxford: Oxford University Press;

Hanga, Vladimir, Rodica Calciu, (1994/2007), Dictionar juridic englez-roman si roman-englez, Bucuresti, Ed. Lumina

Lex.

6.4.2.Bibliographical References:

1.Boarcăş, Camelia, Anca Magiru,(2002) , English Practical Course, Constanţa: Europolis;

2.Gălăţeanu-Fârnoagă, Georgiana, (1987), Sinteze de gramatică engleză, Bucureşti, Ed. Albatros;

3.Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries;

4. Oxford Dictionary of Law, (c.2003), Ed. by Elizabeth A. Martin, Oxford: Oxford University Press;

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.Seely, John, (2003), Law in Everyday Life, Oxford: Oxford University Press;

9. Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti,

Ed. Niculescu.

44

CONTINUT CURS SI SEMINAR. CURSUL ESTE MARCAT CU ROSU

Learning Unit # 7

THE LEGAL PROFESSIONALS (III). CROWN PROSECUTION SERVICE. TRIBUNALS.

OMBUDSMEN

Good fences make good neighbours. Robert Frost, American poet

7.1. Introduction

7.2. The Objectives and Competences of Learning Unit #7

7.3. The Contents of Learning Unit #7:

A.READING SECTION: The Legal Professionals (III). Crown Prosecution Service. Tribunals. Ombudsmen

7.3.1.The Legal Professionals (III). Crown Prosecution Service. Tribunals. Ombudsmen

B.GRAMMAR SECTION: Tense Revision

7.3.4. Expressing Future Time (III)

C.PRACTICE SECTION: 7.4. Key Answer Guide for Self-assessment Activities

7.4.1.Compulsory Bibliography

7.4.2.Bibliographical References

7.1. Introduction

Crown Prosecution Service (CPS). An organization created

by the Prosecution of Offences Act 1985 to conduct the majority of

criminal prosecutions. Its head is the Director of Public Prosecutions,

who is answerable to Parliament through the Attorney General. The

CPS is independent of the police and is organized on a regional basis,

each region having a Chief Crown Prosecutor. It also advises police

forces on matters related to criminal offences.

Tribunals. Administrative Tribunal. A body established by

or under Act of Parliament to decide claims and disputes arising in

connection with the administration of legislative schemes, normally

of a welfare or regulatory nature. Examples are employment tribunals

and rent assessment committees. They exist outside the ordinary

courts of law, but their decision are subject to judicial control by

means of the doctrine of ultra vires and in cases of error of law on the

face of the record. Council on Tribunals. A body appointed under

the Tribunals and Inquires Act 1971 to report on the functioning and

advise on the procedure of the more important administrative

tribunals. Appointment is by the Lord Chancellor who may refer any

matter concerning any tribunal for a special Council report. Domestic

Tribunal. A body that exercises jurisdiction over the internal affairs

of a particular profession or association under powers conferred either

by statute (e.g. the disciplinary committee of the Law Society) or by

contract between the members (e.g. the disciplinary committee of a

trade union). The decisions of these tribunals are subject to judicial

control under the doctrine of ultra vires and, if they are statutory,

when there is an error of law on the face of the record. Tribunal of

Inquiery. A tribunal appointed under the Tribunals of Inquiery

(Evidence) Act 1921 to investigate a matter of public importance.

The Act provides machinary for the thorough examination of any

matter (e.g.national disaster or alleged corruption in government) that

45

is a source of public disquiet but is not the subject of ordinary

proceedings in the ordinary courts. A tribunal is appointed on

resolutions of both Houses of Parliament, its chairman is normally a

senior judge, and it has all the powers of the High Court concerning

the summoning and examination of witnesses and the production of

documents. (Oxford Dictionary of Law, fifth edtion, edited by Elizabeth A.

Martin, Oxford University Press)

Ombudsman. Someone who deals with complaints made by

ordinary people against the government, banks, insurance companies

etc. (Longman Dictionary of Contemporary English, Third Edition,

Longman Dictionaries, 1995) An official appointed to investigate

complaints in a particular industry or area of public administration.

Among others there are ombudsmen for central government, local

government, the health service, and the police. (Seely, John, 2003, Law

in Everyday Life, Oxford, Oxford University Press)

7.2. The Objectives and Competences of Learning Unit # 7

The Objectives of Learning Unit # 7:

O1 to understand the legal content:

O1a.to provide a factual account of the English Legal Professionals with special

reference to the Crown Prosecution Service, Tribunals, Ombudsmen

O1.b.to test the students’ legal knowldge

O2 to understand the language content: O2a.:to revise the future expressed by the Present Perfect Tense, the Past Tense,

the Past Perfect Tense, to be about to, to be to;

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 # 7:

C1.getting familiar with the English Legal Professionals with special reference to

the Crown Prosecution Service, Tribunals, Ombudsmen;

C2.using correctly the Present Perfect Tense, the Past Tense and the Past Perfect

Tense, to be to, to be about to in writing and speaking with reference to the Future

time; 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 # 7: 8 classes

7.3. The Contents of Learning Unit # 7

A.READING SECTION:

The Legal Professionals (III). Crown Prosecution Service.

Tribunals. Ombudsmen

7.3.1. The Legal Professionals (III). Crown Prosecution Service.

Tribunals. Ombudsmen

Read and learn the following language notes, grammatical terms

and vocabulary:

The Crown Prosecution Service(CPS) = serviciul de cercetare

penală al Coroanei/Procuratura britanică

Director of Public Prosecution (DPP) = Procuror General

to set up, set up, set up = (v) a înfiinţa

individual = persoană fizică

social security = ajutor social

46

income tax = impozit pe venit

ombudsman/ombudswoman = avocatul poporului (se ocupă cu

investigarea/cercetarea plângerilor cetăţenilor la adresa

autorităţilor); syn.:Housing Ombudsman, Legal Services

Ombudsman, Parliamentary Commissioner for Administration

The idea of an ombudsman, an official charged with the role of

overseeing the administration of justice comes from Sweden. It was

copied by Finland in 1919, Denmark in 1954, and by Norway and

New Zeeland in 1962. Since then the idea has been adopted in many

different countries around the world. Britain’s first ombudsman was

appointed in 1967.

Parliamentary Commissioner for Administration

The Parliamentary ombudsman who deals with complaints about

wronful acts as central government departments. Cases are referred

to the ombudsman by Members of Parliament on behalf of

constitutents or others.

prosecution = urmărire penală, acuzare, proces penal

Broadcasting Standards Commission = Comisia

împurternicită să evalueaze calitatea emisiunilor televizate şi

radiodifuzate

Tribunal

The word tribunal has its origins in the history of the Roman

Empire, where a tribunal was a raised semicircular or square

platform in a Roman basilica, on which the seats of the

magistrates were placed. (Oxford English Dictionary) From

this it came to mean a judgment seat and then the place you

went to get a judgment.

Read and translate the following text into Romanian:

The Legal Professionals (III). The Crown Prosecution

Service.Tribunals. Ombudsmen

The Crown Prosecution Service

In the criminal justice system, it is important to mention the

Crown Prosecution Service (CPS). It is responsible for organizing

most criminal prosecutions, under the Director of Public

Prosecutions. The CPS is independent from the police, with whom

it has to work closely.

There are two important ways in which it is possible to seek

justice outside the courts: tribunals and ombudsmen.

Tribunals

In a number of important areas, the government has set up

administrative tribunals to make judgments in cases referred to them

by individuals or organizations. The tribunal system covers a wide

range of subjects, including: pensions, employment, social security,

income tax. The advantage is that in tribunals, there is much less

formality.

Ombudsmen

In certain areas of life, it is also possible to make a formal

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complaint to an ombudsman. The list of ombudsmen is large and

growing. It includes: The Parliamentary Ombudsman (The

Parliamentary Commissioner for Administration, who deals with

complaints against government departments), the Health Service

Ombudsman, the Broadcasting Standards Commission, the Police

Complaints Authority.

When someone approaches an ombudsman, it is normally

after they have exhausted all the other possibilities. (Adapted and abridged from Law in Everyday Life, John Seely, Oxford

University Press, 2003)

B.GRAMMAR SECTION:

Tense Revision & Consolidation

7.3.2.Expressing Future Time (III)

10.The Present Perfect Tense

11.The Past Tense Tense

12.The Past Perfect Tense

13.To Be To

14.To Be About To

10. THE PRESENT PERFECT TENSE

Form :have/has + past participle

Use

This tense is used to express a future action, in a time clause, that

will take place before another future action:

e.g.:

The plaintiff will go on a trip in Bulgaria after he has won the trial

against the defendant.

11.THE PAST TENSE

Use

This tense expresses a future action, in a time clause, simultaneous

with another action expressed by a Future-in-the-Past Tense:

e.g.:

Victor was sure George would like to study the Constitution when

he understood it.

12.THE PAST PERFECT TENSE

Form: had + past participle/the 3rd form

Use

The Past Perfect Tense may be used to express a future action, in a

time clause, that will take place before another action expressed by

a Future-in-the-Past Tense:

e.g.:

The Prime Minister explained to the people that he would resign

after his doctoral thesis had been proved to be a plagiarism .

13.TO BE TO (a urma să)

Use This expression has certain meanings: 1.something that is

designed to happen: e.g.: The interim president began to play the part of a

President in which he was to get a bad name.

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2.an official plan or an arrangement: e.g.:The President was to

come back to the Cotroceni Palace.

3.duty: e.g.:What lies are the two politicians to tell?

4.possibility, probability: e.g.: Prices are to be much higher

because of the bad adminstration of the economy and of the political

crisis and chaos created by the two politicians.

14.TO BE ABOUT TO ( a fi pe punctul de a; a fi gata să)

UseThis construction is used to express something that will happen

in the immediate future:

e.g.: The two bad politicians are about to resign.

C.PRACTICE SECTION :

7.4. Key Answer Guide for Self-assessment Activities

The Synthesis of Learning Unit # 7 through Self-assessment Tests:

B.GRAMMAR SECTION: Tense Revision & Consolidation

The Present Perfect Tense, the Past Tense, the Past PerfectTense to be to, to be about to.

Activity IX Join the following sentences with the help of after. Work on the model:

e.g.: The journalists will make commentaries on the political situation. They will study the

materials.The journalists will make commentaries on the political situation after they have

studied the materials.

1.You’ll publish the article. You will write it . 2.The members of the parliament will start their

work. They will have their breakfast. 3.The Prime Minister will give an urgent motion. They will

agree. 4.He will appear on TV and tell lies to the people. He will make his decisions. 5.The

journalists and political analysts will let us know about this false information. They will get it

from their sources.

ANSWER

Activity 1X 1.You’ll publish the article after you have written it . 2.The members of the parliament will start

their work after they have had their breakfast. 3.The Prime Minister will give an urgent motion

after they have agreed. 4.He will appear on TV and tell lies to the people after he has made his

decisions. 5.The journalists and political analysts will let us know about this false information

after they have got it from their sources.

Activity X

Translate the following sentences into English using the Present Perfect Tense to express

future actions:

1.Ei vor încerca să scape după ce vor jefui casa. 2. După ce vor agresa victimele, ce doi vor părăsi

casa. 3.Falsul depanator va părăsi casa după ce va omorâ femeia. 4. Omul va fi dat în urmărire

după ce va înjunghia victima. 5.Presupusul inculpat va încerca să scape după ce va depune

mărturie. ANSWER

Activity X1.They will try to escape after they have robbed the house.2.After they have assaulted the victims, the two

will leave the house.3.The bogus repairman will leave the house after he has killed the woman. 4.The man will be

prosecuted after he has stabbed the victim. 5.The alleged defendant will try to escape after he has made a statement.

Activity XI

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Translate the following sentences into English using the Past Tense to express future actions.

1.Traficantul de arme a spus că nu va face trafic de arme când va intra in România. 2.Stiam că va

încerca să ne extermine când vom ajunge lângă groapa comună. 3.Eram sigur că rata criminalităţii

va creşte când vom permite droguri în ţară.

ANSWER Activity XI1.The arms dealer said that he would not make a gun running when the entered Romania. 2.I knew that he

would try to exterminate us when we arrived at the mass grave. 3.I was sure that the crime rate would raise when we

permitted the entrance of drugs in the country.

Activity XII

Translate the following sentences into English using the Past Perfect to express future actions:

1.Eram sigur că ei vor fi ucişi în focul luptei când i-am văzut că au pus mâna pe arme. 2.Stiam că

vor muri pe loc după ce vor bea apa otrăvită. 3.Eram sigur că poliţia va găsi tot ce căuta după ce a

folosit acel indiciu. 4.Am sperat că va fi pus sub urmărirea poliţiei după ce a jefuit atâtea case. ANSWER

Activity XII.I was sure that they would be killed outright when I saw them taking up guns. 2.I knew that they would

die instantly after they had drunk the poisoned water. 3.I was sure that the police would found everything they were

looking for after they had used that clue.4.I hoped that he would be placed under investigation after he had broken into

so many houses.

7.4.1.Compulsory Bibliography

Lister, Ronald, Klemens Veth, (2010), Dicţionar juridic, englez-român, român-englez, Bucuresti: Ed. Niculescu

Magiru, Anca, (2013), Limba engleză, (Curs în tehnologie ID/IFR), Bucureşti: Editura Fundaţiei România de Mâine;

Magiru, Anca, (2011), English for Law Students, Bucuresti, Ed. Universitara;

Magiru, Anca, (2011), English for Public Administration Students, Bucuresti, Ed. Universitara;

Magiru, Anca, (2010), American Criminal Law, An Introduction for Law Students of English, Bucuresti: Ed.

Universitara.

Optional Bibliography

Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I,II,III Iaşi: Institutul European;

Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti:

Ed.Niculescu.

Brookes, Michael, Christiane Treutenare, (2002), 1000 de cuvinte in Drept, Bucuresti: Compania;

Champion, Dean J., (1998), Dictionary of American Criminal Justice. Key Terms and Major Supreme Court Cases,

Minot State University, London, Chicago: Fitzroy Dearborn Publishers;

Constitutia Romaniei, (2004), Bucuresti: Ed. All Beck;

The Constitution of the United States and the Declaration of Independence, Reprinted 2001 by the Supreme Court

Historical Society, 2001;

Galateanu, Georgiana, Ecaterina Comisel (f.a.), Gramatica limbii engleze pentru uz scolar, Bucuresti: Ed. Didactica si

Pedagogica;

Martin, Elizabeth A., 2003, A Dictionary of Law, Oxford: Oxford University Press;

Hanga, Vladimir, Rodica Calciu, (1994/2007), Dictionar juridic englez-roman si roman-englez, Bucuresti, Ed. Lumina

Lex.

7.4.2.Bibliographical References:

1.Boarcăş, Camelia, Anca Magiru,(2002) , English Practical Course, Constanţa: Europolis;

2.Gălăţeanu-Fârnoagă, Georgiana, (1987), Sinteze de gramatică engleză, Bucureşti: Ed. Albatros;

3.Longman Dictionary of Contemporary English, (c.1995), Longman Dictionaries;

4. Oxford Dictionary of Law, (c.2003), Ed. by Elizabeth A. Martin, Oxford: Oxford University Press;

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.Seely, John, (2003), Law in Everyday Life, Oxford: Oxford University Press;

9. Voiculescu, Cecilia, (2005), Dicţionar juridic, englez-român, român-englez, & terminologia UE-SUA, Bucureşti,

Ed. Niculescu

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