Romanian-American University

Faculty of Law
Low-Frequency, 1st year, 1st semester
Teacher: assistant lecturer-PHD candidate Preda Mariana

Topic 1: Law
Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to law and types of law
- Practising word-order in a sentence and question tags
The Content of the lesson
Rules of conduct of any organized society that are enforced by threat of punishment if they are
violated. Modern law has a wide sweep and regulates many branches of conduct.
Law is the formal regime that orders human activities and relations through systematic
application of the force of politically organized society.

Law
Old English lagu, of Scandinavian origin
1. A rule of conduct or action prescribed or formally recognized as binding or enforced by a
controlling authority as:
a. a command or provision enacted by a legislature
b. something (as a judicial decision) authoritatively accorded binding or controlling
effect in the administration of justice
Example: that case is no longer the law of this circuit
2.
a. a body of laws
Example: the law of a state
broadly: laws and justice considered as a general and established entity
Example: the law looks with disfavour on restraints on alienation
b. "common law"
3.
a. the control or authority of the law

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 Example: maintain law and order
b. one or more agents or agencies involved in enforcing laws
c. the application of a law or laws as distinct from considerations of fact
Example: an error of law
(See also issue of law at question § 2)

4. the whole body of laws and doctrines relating to one subject

Example: contract law

5.
a. the legal profession
Example: practice law
b. the nature, use, and effects of laws and legal systems as an area of knowledge or
society
Example: the politics of law

Development of Early Law

Law does not develop systematically until a state with a centralized police authority has
appeared. For this development a written language is not required, but necessarily the earliest
known legal codes are those of literate societies. Examples of early law systems are to be found
in the code of Hammurabi (Babylonia), the Laws of Manu (India), and the Mosaic code
(Palestine). These codes show what would seem to be the universal tendency of the religious and
ethical system of a society to produce a legal order to enforce its ethical and social mandates. In
classical antiquity the first codes of law are those attributed to Solon and to Lycurgus.

Roman Law and Its Influence

The first law code in Roman history was the Law of the Twelve Tables, the prelude to the
development of Roman law, a highly elaborate system that has had immeasurable influence on
the growth of Western law. It was summarized in the Corpus Juris Civilis in the time of
Justinian. Roman law developed the distinction between public law (in which the state is
concerned directly, e.g. treason and taxation) and private law (concerned with disputes between
persons, e.g. over contracts).

The breakup of the Roman Empire under the pressure of the Germanic invasions brought the
disruption of the Roman legal administration. Feudal law showed the effects of Roman law,
although in theory it was based not upon any concept of the state but on personal relations.

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In the Renaissance the study of Roman law was revived. It became the basis of most Continental
law, as exemplified in the French Code Napoléon, the archetype of codes that govern the
jurisdiction of civil law.

Anglo-American Law
In England after the Norman Conquest the feudal law was ultimately replaced by the law of the
royal courts, such as the King’s Bench. The royal courts developed common law, i.e. judicial
legislation as opposed to the law of the formally enacted statute. Common law adhered
excessively to precedent, and equity, exercised by the king's chancery, appeared, with its reliance
upon the dictates of conscience rather than upon precedent.

The two systems became bitter rivals. In the early 17th century Francis Bacon championed
equity, while such eminent jurists as Edward Coke upheld the common law. In the 18th century
English jurisprudence stressed natural law (the theory that law must incorporate the natural
rights of humans).

The work of Blackstone was the most important influence in U.S. law (except for Louisiana,
Puerto Rico, and the Virgin Islands, where Continental civil law prevailed). Among those who
helped to develop the American concept of law were James Kent and Joseph Story; in
constitutional law the most important figure was John Marshall. In the United States the
distinctive feature is the coexistence of federal and state law, for the U.S. Constitution limits the
sphere in which federal law is supreme.

Vocabulary:
Law = lege, drept
Threat = ameninţare
Punishment = pedeapsă
To violate = a încălca (ex: o lege)
Sweep = rază de acţiune
To regulate = a reglementa
Branch of = ramură a
Conduct = comportament
Binding = impus, obligatoriu
To enforce = a impune
Command = ordin
Provision = prevedere
To enact = a elabora, a redacta
Legislature = legislatură
Circuit = circumscripţie
Restraint = restricţie
Alienation = alienare
To maintain = a întreţine
Issue = chestiune, problemă
Knowledge = cunoaştere
Code = cod
Mandate = mandat

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Treason = trădare Chancery = cancelarie
Statute = statut Reliance upon = dependenţă, încredere (a te baza pe)
Precedent = precedent Jurisprudence = jurisprudenţă
Equity = echitate, dreptate Feature = caracteristică, trăsătură

Exercises

Answer the following questions:

1. What does the term ―law‖ generally mean?
2. What are the earliest known legal codes of laws?
3. What distinction did Roman Law draw in the Ancient times?
4. What did the England Law basis consist of after the Feudal time?
5. What is the distinctive feature in the American Law?

Grammar:
Topics: S+V+DO+IO+Pl.+Ti+Mo
Questions
Topics: Question Word + Aux.vb. +Sb. + Vb.

Who, what, how, where, when, why, whom, whose,

How long, how far, how much, how many, what about, how about, why not

Exercises
Complete the following questions:
1. …do they invite to the party?
2. …are you looking sad?
3. …do you go on your holidays?
4. …doesn’t he go to the meetings?
5. …does he work at the weekends?
6. …is this pink pencil?
7. …does she say to you?
8. …does she know the answer?
9. …do you think you will finish?
10. …have you been here?

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11. …my friends?
12. …is she dancing with?
13. …are you talking to?
14. …are you coming from?
15. …having lunch at the restaurant?

The verb “to be”

S + BE + VB (am, is, are) She is amusing.
BE + S + VB? Are you a pilot?
S + BE + Not + VB They are not here now.

The verb “to have”

S + HAVE/HAS (+ GOT)
HAVE/HAS + S + GOT? DO/DOES + S + HAVE?
S + HAVE/HAS + Not (+GOT) S + DO/DOES + Not + HAVE

She has such beautiful eyes!

Have they got a blue car? Do they have a blue car?
He has not got a lot of money. He does not have a lot of money.

Negative questions:
Aren’t you hungry?
Don’t you have enough time?
Isn’t he thirsty?
Doesn’t she have a good job?

Tag questions:
He is a very clever boy, ISN’T HE?
You have a new car, DON’T YOU?
He will leave tomorrow morning, WON’T HE?
They had not come back before he realized that, HAD THEY?
SB+VB+…….., VB+not+SB?/ SB+VB+not+……….., VB+SB?

Exercises

Complete the following questions:

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1. They want to rent a room,…………….?
2. He can speak 5 languages,……………..?
3. She does not believe my stories,…………..?
4. The man in white who crosses the street, at this time every morning, is your
neighbour,…………?
5. He is never wrong,………….?

Tests

I. Answer the following questions:

1. Your friend says he is feeling very unhappy. What could you say to him?
2. You are at a party and you feel dizzy. What do you say?
3. You are at a café and you see a very interesting person. You want to know more about
him/her. How can you approach this person?
4. You have a terrible headache. Your friend comes into and begins to speak loud. What do
you tell him?
5. Your phone rings late in night. What do you answer?
6. You wait for a friend at the cinema and he doesn’t come. You meet him the very next day.
What will you say?

II. Give the Romanian equivalents:

Roman Law =
Public Law =
Private Law =
Feudal Law =
Continental Law =
Western Law =
Common Law =
Federal Law =
Natural Law =

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Topic 2: Classifications of Laws
Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to types of law
- Practising Present Tense Simple and Present Tense Continuous

The Content of the lesson

There are several different ways in which laws can be classified, depending on the criteria,
characteristics, or tests that are applied for setting up the categories. These classifications are not
absolute: they depend on context and purpose. Thus it is possible to classify laws according to:
2. the extent, or scope of application of laws;
3. the sources or origins of laws;
4. the extent to which laws relate to the State or to the private individual;
5. the extent to which laws relate to criminal offences, or relate to civil claims;
6. the subject matter of laws;
7. the extent to which laws provide for procedures and processes for determining and
enforcing obligations.

I. Classification by extent or scope

This classification divides the laws according to the extent of the geographical or political area to
which they apply. It divides the total field of law into the categories of International Law and
Domestic or Municipal Law.

International law is the law that operates outside a country. It is usually subdivided into:
- public international law, which is the law regulating relationships between states; and
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- private international law, which is the law regulating relationships between individuals
outside a country.

Domestic (or municipal law) is the law that operates within a country. Such law is national
(applying throughout the whole country) or regional (applying within a particular section of the
country such as a state, province, or district). At the most immediate level of administration,
such regional law is often called local law, since it is law that operates only within a certain
limited area or locality within a country, such as a subdistrict, municipality, city, or town.

II. Classification by source or origins

One possible classification based on the sources of the law in the system is the division of law
into: Common Law, Civil Law, Canon law and Muslim law.

Common Law. System of law that prevails in England and in countries colonized by England.
The name is derived from the medieval theory that the law administered by the king's courts
represented the common custom of the realm, as opposed to the custom of local jurisdiction that
was applied in local or manorial courts.

Civil Law. A modern legal system based upon Roman law, as distinguished from common law.
Civil law is based on written legal codes, in which disputes were settled by reference to a written
legal code arrived at through legislation, edicts, and the like; common law is based on the
precedents created by judicial decisions over time.

Canon law comprises the laws of the Anglican, Eastern Orthodox, Roman Catholic churches. In
Western culture, canon law is the law of the Roman Catholic and Anglican churches. The
Eastern Orthodox concept of canon law is similar to but not identical to the more legislative and
juridical model of the West. In both traditions, a canon is a rule adopted by a council; these
canons formed the foundation of canon law.

Muslim (Islamic) Law. The Muslim legal system is an autonomous legal system that is actually
religious in nature and predominantly based on the Koran. In a number of countries of Muslim
persuasion it tends to be limited to personal status, although personal status can be rather broadly
defined.

III. Classification by relationship to state or private individual

Laws can be classified according to whether they are Public, or Private Law. Public law refers
to law that is mainly concerned with matters relating to the State, whereas private law is mainly
concerned with matters relating to private individuals.

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Constitutional law, and administrative law are regarded as falling within the first category. Most
other kinds of law, e.g. contract law, land law, or family law, are regarded as falling within the
second category. Some topics of law fall partly within the public law category and partly within
the private law category. Examples of this include criminal law and revenue law.

IV. Classification by relationship to criminal offences or civil claims

Laws can be classified as Criminal or Civil according to whether they relate to conduct that is
regarded as criminal (or punishable by the State); or whether they relate to liability for civil
claims by other persons. Criminal law, criminal procedure, and some aspects of the law of
evidence may be regarded as failing into the first (criminal) category. Other topics of law fall
into the second (civil) category.

Vocabulary:
According to = în conformitate cu
Claims = plângeri, pretenţii, revendicări
Domestic = intern
Realm = regat
Manorial = de pe moşii
To be settled by = a fi rezolvat, soluţionat de
Edict = edict
Canon = canon
To comprise = a cuprinde
To tend = a tinde
To set up = a stabili

Exercises

I. True or false:
b.It is possible to classify laws according to the procedures and processes for enforcing
obligations.
c.Domestic Law operates outside a country.
d.Civil Law is distinguished from Common Law.
e.Canon Law comprises both Eastern Ortodox laws and Roman Catholic ones.
f.Public International Law regulates relationships between individuals within a country.

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II. Match the words (from the left) with the proper prepositions (from the right) according
to the text:
Depending up
According throughout
Setting on
Provide to
Subdivided within
Applying on
Based into
Opposed for
Applying to
Settled to
Limited by
Adopted by

Grammar:
PRESENT TENSE
Present Simple
Form:
Af. Sent.: SB+VB(pers.3 sg. –s/-es)
Int. Sent.: DO/DOES+SB+VB?
Neg. Sent.: SB+DO/DOES+NOT+VB
Use:
-a habit or a rule
-general truth
-a state that stays the same for a long period of time
Notes:
Verbs that end in ―-es‖: -ss, -zz, -sh, -ch, -x, -o.
Verbs that end in cons. +‖y‖= -ies.

Adverbs of frequency: never, ever, rarely, seldom, often, usually, always, sometimes
Adverbs of time: every day, at weekdays, every morning, all the time

Ex.:
She always wakes up at 8 o’clock in the morning.
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He usually spends his summer holiday at the seaside.

Present Continuous (Progressive)

Form:
Af.sent.: SB+ BE(AM, IS, ARE)+ VB-ING
Int. sent.: BE+ SB+ VB-ING
Neg.sent.: SB+ BE+ NOT+ VB-ING
Use:
-now
-for a limited period of time or near the present
-a temporary activity
-a planned future arrangement

Notes:
Verbs that end in ―-e‖ lose ―-e‖: smoking
Verbs that end in ―-ee‖ keep the final ―-e‖: seeing
In verbs of one syllable, the consonant is doubled: stopping, running (exceptions: if the
consonant is ―y‖ or ―w‖, this is not doubled: playing, showing)

Adverbs of time: now, at this very moment, at this time in the night

Ex.:
They are going out right now.
He usually lives at the hotel, but this month he is living at his brother.

Exceptions:
Verbs of permanency:
Vbs. of mind: know, understand, think, believe, mean, doubt, forget, remember, agree, expect,
suppose, imagine, realize
Vbs. of emotion and feeling: like, dislike, love, hate, care, prefer, want
Vbs. of 5 senses: see, hear, touch, taste, smell
Vbs. of possession: have, own, belong
Certain other verbs: need, contain, depend, consist, cost, seem

When they have their first meaning, in a sentence, they can not receive ―-ing‖.
Ex.: I think it is a very interesting movie.
But – I’m thinking about you.

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He has a wonderful house
But – She is having a shower now.
I see a bird.
But – The teacher is seeing about our trip.
Or – Are you seeing him tomorrow?

EXERCISES
I. Choose the correct sentence:
a) She speaks Russian very well.
b) She is speaking Russian very well.
c) Look at that man! He wears such a funny hat!
d) Look at that man! He is wearing such a funny hat!
e) Do not take that book back to the library! I am reading it.
f) Do not take that book back to the library! I read it.
g) They have 2 daughters and a son.
h) They are having 2 daughters and a son.
i) We are thinking the opera is boring.
j) We think opera is boring.
k) Do you understand Spanish?
l) Are you understanding Spanish?

II. Complete the verbs in brackets:

1. They (live) with their friends until they can find a flat.
2. The Nile (flow) into the Mediterranean.
3. The offices on the second floor (belong) to an insurance company.
4. He usually (enjoy) parties, but I (not think) he (enjoy) this one.
5. What size shoes (your wife - take), sir?
6. Mr. Sellers (catch) the 8.00 train every morning, but today he (drive) his new Rover.
7. Why (you-put) on your raincoat? It (not-rain).
8. This meat (smell) awfully bad.
9. Susan (like) dancing very much.
10. Listen! Somebody (shout) in the street.
11. I (not-think) he (hide) anywhere. I (be) afraid the police (held) him.
12. Miss. Park (talk) to John in the hall. Can you see her?

III. Translate into English:

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1.Deseori încep câte o carte şi o las neterminată pentru că lucrez mult şi sunt mereu obosită.
2.Vecinul meu pariază rareori pe cai aşa că nu cred să cheltuiască vreodată mulţi bani cu toate că
are o slujbă bună şi câştigă bine.
3.De obicei sângerezi când te tai la deget, dar dacă tu nu sângerezi de loc, înseamnă că eşti
deosebită.
4.Ori de câte ori arzi pe foc mâncarea pentru soţ, nu te necăji. Întreabă-l dacă are bani să
5.mâncaţi în oraş, iar dacă refuză, du-te singură şi lasă-l să flămânzească. Asta dă întotdeauna
rezultate.
6.De obicei, vara, el construieşte case, dar anul acesta face o excursie în străinătate şi nu ştie cât
o să dureze aceasta.
7.Nu vorbi aşa tare! Nu vezi că tocmai prind cel mai mare peşte din râu?
8.Pleacă chiar în acest moment pentru a prinde avionul de Australia aşa că nu cred că te mai
aude.

Tests:

I. Translate into English:

1. Cumnata ei vine în fiecare an să mă ajute la curăţenie în casa de la mare, dar anul acesta
nu vine fiindcă are în grijă un copil de 1 an.
2. Îţi arată inelele pentru a-ţi lua măsură şi a-ţi face o mare surpriză. Sunt sigură de asta!
3. Chiar în această clipă ei aleg o actriţă pentru rolul Ofeliei.
4. Chirurgul operează în condiţii foarte proaste, dar e prea periculos să mai aştepte.
5. Tocmai taie felii de pâine şi pregăteşte prânzul fiindcă ne e foarte foame.
6. Cunosc un cerşetor care se preface când şi când că e orb, iar a doua zi îl vezi urmărind un
film la cinema şi apoi, cerşind bani fiindcă şchiopătează rău.
7. De obicei la această oră din noapte doarme adânc, dar dacă tu zici că dansează nu te
contrazic, deşi pot să jur că nu se aude nici un zgomot.
8. Ce faci cu calul pe care călăresc eu de obicei?
9. Vreau să ştiu când călătoreşti peste hotare, ce afaceri desfăşori şi ce parteneri ai.
10. Se tot uită pe geam. Sunt sigură că aşteaptă pe cineva.
11. Nu-mi amintesc de tine, deşi pot spune că rareori uit figurile oamenilor pe care-i
întâlnesc în călătoriile mele.
12. Vine în fiecare zi la bibliotecă, dar nu citeşte nimic. Se aşează la masa din dreapta şi se
uită spre uşă de fiecare dată când intră cineva.

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13. Întotdeauna deschide radioul la micul dejun şi ascultă ştirile şi uneori programul de
muzică, care începe la ora 7.45.

II. Fill the gap with the correct form of the verb:
A- Alec and Mary are Scotts. They (come) …………. from Glasgow.
B-They will be here very soon. They (come) …………….. by car.
A- Lisa cannot answer the phone . She (have) …………… a bath.
B- She (have) ………….. 2 new pairs of jeans.
A- I (think) ………… that all politicians tell lies.
B- I (think) …………. about my girlfriend. She is in New York at the moment.
A- We (not enjoy)……………. this party at all. The music is too loud.
B- We (enjoy)………………. going to big parties at our mountain chalet.
A- Be quiet! I (watch) ………….. my favourite TV program.
B- I always (watch) ……………. it on Thursday evenings.

III. True or false?

Jim is not wanting an icecream. He does not like it.
We are enjoying the lecture very much. We are learning a lot.
I am understanding you, but I am not agreeing with you.
Do you think that Vanessa plays golf well?
I am sorry. I am not knowing the answer.
I does not believe you. You tell lies.
They know the car costs a lot, but they really want to buy it.
Look! She listens to a French song, but she do not understand what it is meaning.
Correct them all!

Topic 3: Classifications of Laws (II)

Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to types of law
- Practising Past Tense Simple and Past Tense Continuous

The Content of the lesson

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V. Classification by subject matter
A very common way of classifying laws is to set up the categories on the basis of the subject
matter that the laws deal with. It is usual to recognise that the subject matter of laws can be
classified into the following main categories:
• contracts law;
• torts law;
• property law;
• intellectual property law;
• family law;
• business or commercial law;
• criminal law;
• constitutional law;
• administrative law;
• revenue law;
• law of procedure;
• law of evidence.

Contracts law. Contracts are agreements made between people or bodies who have legal
capacity to do so. Such contracts or agreements are enforced by the courts if they are satisfied
that the agreements: are intended to be binding; are not illegal or contrary to public policy; and
are not based upon some fundamental mistake made by both parties or caused by one of the
parties.

Torts law. Torts are civil wrongs that are committed when one person causes injury, damage or
loss to another person in circumstances that the courts consider should render him liable to pay
damages to compensate for the harm he has caused. Some torts are also criminal offences and
are punishable by the State, as well as giving rise to liability to pay damages to the individual
suffering injury.

Property law is the law that governs the various forms of ownership in real property (land as
distinct from personal or moveable possessions) and in personal property, within the common
law legal system.

Intellectual property law. Intellectual property is a form of legal entitlement that allows its
holder to control the use of certain intangible ideas and expressions. The most common forms of
intellectual property include patents, copyrights, trademarks, and trade secrets. In civil law
jurisdictions, intellectual property has often been referred to as intellectual rights.
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Family law. Family law is concerned with the law relating to births, deaths and burials,
marriages, nullity of marriage, divorce or dissolution of marriage, the custody of children of a
marriage, and the rights to property of a marriage.

Business or commercial law. This law is concerned with those matters of particular importance
to business or commerce, especially such matters as companies, partnerships, agencies and sale
of goods.

Criminal (penal) law. The branch of law that defines crimes, and provides for their punishment.
A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as
an offence committed against the public, even though only one individual may have been
wronged. The real distinction lies in the way a remedy for the wrong is pursued. A tort is a
wrong for which the remedy is pursued by, and at the discretion of, the injured individual or his
or her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the
state for the purpose of punishment.

Constitutional law. Constitutional law is made up of the rules that regulate the powers and
relationships of the main organs of the State: Head of State, Government Ministers, Ministries
and Departments, Public Service and Courts.

Administrative law. Administrative law is concerned mainly with the rules regulating the
relationship between the agencies of the State and private individuals. In particular, such rules
define the limits of the powers of the State agencies, and control the way those powers should be
exercised within those limits.

Revenue law. This is the body of law that determines what revenues the Government can require
people to pay to it to finance its operations and other activities it is supporting. Taxation is
usually divided into two kinds: direct taxation (imposed directly upon a person, e.g. income tax,
death duties, or gift duties) and indirect taxation (imposed indirectly, usually as customs duties
on imports and exports, and taxes on goods and services).

Law of Procedure. The law of procedure regulates the way in which proceedings are brought in
the courts. Usually the topic is divided into:
• the law of civil procedure, which regulates the bringing of civil proceedings;
and
• the law of criminal procedure, which regulates the bringing of criminal proceedings.

Law of Evidence. This is the body of laws regulating the evidence that can be produced to a

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court in the course of civil and criminal proceedings. Basically, it is concerned with such matters
as relevance, admissibility and reliability of evidence, and the competence of witnesses.

VI. Classification by provision of substantive rights or procedures for

determining/enforcing such rights
Laws can also be classified as being either Substantive, or Procedural (or Adjectival) Law.
Where they provide substantive legal rights and/or obligations they fall within substantive law.
If they provide procedures by which legal rights and/or obligations can be determined and
enforced, they are termed adjectival law, which can also be called procedural law.
The law relating to the procedures of the courts in civil and criminal proceedings, and to the
giving of evidence in the courts in both civil and criminal proceedings, is regarded as adjectival
or procedural law, whereas the law dealing with other topics, e.g. contracts, criminal law or
property law, is regarded as substantive law.

Vocabulary:
Agreement = acord, contract Copyright = copyright
Policy = politică Trademark = marcă de licenţă
Wrong = rău, greşeală Nullity = anulare
Injury = injuriu Dissolution = dizolvare
Damage = pagubă Wrongdoer = răufăcător
Damages = daune To prosecute = a ancheta, a acuza
Loss = pierdere Revenue = venit anual
To be liable = a fi pasibil de… Income tax = venit pe cifră de afaceri
Liability = răspundere Customs duties = taxe vamale
Harm = rău, stricăciune, pagubă Proceeding = procedură
Ownership = proprietate Concerning = care priveşte sau se referă la…
To allow = a permite Regarding = referitor, privitor la…
Patent = brevet, licenţă To provide = a oferi, furniza
Licence = licenţă

Exercises

I. Give the Romanian equivalents for:

Contracts Law=
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Torts Law=
Property Law=
Intellectual Property Law=
Family Law=
Business Law=
Commercial Law=
Criminal Law=
Constitutional Law=
Administrative Law=
Civil Law=
Revenue Law=

Grammar
PAST TENSE
Past Simple
Form:
Aff. Sent.: S + VB (second form/+-ed)
Int. Sent.: DID + S + VB?
Neg. Sent.: S + DID + NOT + VB

Use:
an action that happened at a specific time in the past and now it is finished
Notes: It is used to tell a story.
Regular vbs.: vb + -ed
Irregular vbs.: the second form of the vb. from the Irregular Verb List.

Adverbs of time: last time, yesterday, few days ago, a day before yesterday, a month ago, in
1998, when I was young, at one time, earlier, lately, a year last January, once ago, long ago, ever
since, recently, originally, in the past etc.

Notes:
when the vb. ends in –e = just add –d; (liked, used);
in vbs. of one syllable, with one written vowel+one written consonant = the consonant is doubled
(stopped, planned);
if there are 2 vowels = the consonant is not doubled (cooked, looked);
if the consonant is ―y‖ or ―w‖ = the consonant is not doubled (played, showed);
vbs. that end in a consonant + ―y‖ = ―-i‖+ ed (carried, buried)
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Ex: I read a book yesterday.

Past Continuous
Form:
Aff. Sent.: S + BE (WAS/WERE) + VB-ING
Int. Sent.: BE + S + VB-ING?
Neg. Sent.: S + BE + NOT + VB-ING

Use:
- idea of duration and activity in progress over a period of time
Ex: At 10’ clock I was having a shower.
an activity that happened at a particular time in the past, while another activity it is happening
Ex.: When I got home the children were crying
an activity that is interrupted
Ex.: When I arrived, she was making some coffee.
express incompleteness
Ex.: I was reading a book yesterday.

Notes: it is used for description.

Exercises
I. Put the correct form of the verbs in brackets:
He (trip) over the mat while he (cross) the room.
He ( lose) the keys when they (walk) in the park.
She (not hear) the phone because she (listen) to the radio.
He (burn) his hand while he (cook) dinner.
I (dress) when they (rush) into my room.
The dog (start) to bark because someone (try) to get into the house.
The driver (sleep) when the car (crash) into the wall.
I (look) the other way when they (steal) my bag.
It (get) dark when we (get) to the town.
Jane (wash) the dishes while I (sleep).

II. What is the right order of the words:

Medicine for sent the you doctor while were the buying nurse the.
Windos inspect the was washed headmaster being to the were classroom expected the because.
Park and gates being the all away the were of visitors locked the were because night being at

19
driven was it late.
Begin when boss why the she text secretary told must whole again the her type the did to cry?

III Correct each sentence:

I’ve been there yesterday.
Have you ever went to Hawai?
I goed there last summer.
It were beautiful there.
What did Einstein?
She’s been born in 1995.
He was dropping that vase on the floor.

IV Translate into English:

1. Tocmai facea curat cind a intrat cineva care i-a cerut o carte despre delicventa juvenila.
2. Vecinul suna la usa de o jumatate de ora, pina cind a aparut cineva care sa-l primeasca.
3. Vinzatorul vindea inghetata unei fetite, cind a aparut un ciine care a latrat asa tare incit cei
doi s-au speriat si au fugit, iar ciinele a mincat toata inghetata.
4. Chelnerul a fost indus in eroare de hainele scumpe ale clientului si i-a ingaduit sa plece si
sa se intoarca mai tirziu cu banii pentru nota de plata. Chelnerul nu si-a mai vazut clientul
nici pina in ziua de azi.
5. In ce trageai ieri in padure, de era cit pe ce sa ma impusti pe mine?

Tests:

I. Translate into English:

1. Propietareasa auzi ce-i spunea chiriasul ei soacrei lui, care deja impacheta, hotarita sa
plece din casa si sa nu se mai intoarca niciodata, ceea ce a si facut in cele din urma spre
marea uimire a ginerelui ei.
2. Zidarul cumpara caramizi, cind l-am intilnit, pentru a-si construi o casuta la tara, unde
spera sa se mute cu intreaga sa familie.
3. Dactilografa a aprins lumina si a inceput sa bata la masina nuvela scriitorului despre un
hot foarte faimos.
4. Politistul a pierdut arma si a cautat-o foarte mult timp, dar n-a gasit-o si acum astepta sa fie
pedepsit
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5.A cui masina mergea cu viteza asa mare saptmina trecuta si a facut accident?

II. Translate into English:

1. Prejudiciul companiei se ridică la sume uriaşe.
2. Daunele vor fi suportate de către inculpat.
3. Majoritatea regulilor reglementate de către Dreptul Constitutional sunt prevăzute în
Constituţie.
4. În unele ţări, sunt permise căsătorii conform obiceiurilor locale şi nu legilor în vigoare.
5. În sistemul de drept civil există o diviziune între proprietatea mobila si cea imobila.
6. Proprietatea intelectuala include si drepturile morale care nu pot fi vindute sau
cumparate.

Topic 4: Common Law

Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to common law
- Practising Present Perfect Simple and Present Perfect Continuous

The Content of the lesson

In. the traditional unwritten law of England, based on custom and usage, which began to develop
over a thousand years before the founding of the United States. The best of the pre-Saxon
compendiums of the common law was reportedly written by a woman, Queen Martia, wife of a
king of a small English kingdom. Together with a book on the "law of the monarchy" by a Duke
of Cornwall, Queen Martia's work was translated into the emerging English language by King
Alfred (849-899 A.D.). When William the Conqueror invaded England in 1066, he combined the
best of this Anglo-Saxon law with Norman law, which resulted in the English common law,
much of which was by custom and precedent rather than by written code. By the 14th century
legal decisions and commentaries on the common law began providing precedents for the courts
and lawyers to follow. It did not include the so-called law of equity (chancery), which came from
the royal power to order or prohibit specific acts. The common law became the basic law of most
states due to the Commentaries on the Laws of England, completed by Sir William Blackstone in

21
1769, which became every American lawyer's bible. Today almost all common law has been
enacted into statutes with modern variations by all the states except Louisiana, which is still
influenced by the Napoleonic Code. In some states the principles of Common Law are so basic
they are applied without reference to statute.

Overview
System of law that prevails in England and in countries colonized by England. In its early
development common law was largely a product of three English courts—King's Bench,
Exchequer, and the Court of Common Pleas—which competed successfully against other courts
for jurisdiction and developed a distinctive body of doctrine. The term ―common law‖ is also
used to mean the traditional, precedent-based element in the law of any common-law
jurisdiction, as opposed to its statutory law or legislation (see statute), and also to signify that
part of the legal system that did not develop out of equity, maritime law, or other special
branches of practice.

All Canada except Quebec and all of the United States except Louisiana follow common law.
U.S. state statutes usually provide that the common law, equity, and statutes in effect in England
in 1603, the first year of the reign of James I, shall be deemed part of the law of the jurisdiction.
Later decisions of English courts have only persuasive authority.

Characteristic Features of Common Law

The distinctive feature of common law is that it represents the law of the courts as expressed in
judicial decisions. The grounds for deciding cases are found in precedents provided by past
decisions, as contrasted to the civil law system, which is based on statutes and prescribed texts.
Besides the system of judicial precedents, other characteristics of common law are trial by jury
and the doctrine of the supremacy of the law. Originally, supremacy of the law meant that not
even the king was above the law; today it means that acts of governmental agencies are subject
to scrutiny in ordinary legal proceedings.

Judicial precedents derive their force from the doctrine of stare decisis [Lat.,=stand by the
decided matter], i.e., that the previous decisions of the highest court in the jurisdiction are
binding on all other courts in the jurisdiction. Changing conditions, however, soon make most
decisions inapplicable except as a basis for analogy, and a court must therefore often look to the
judicial experience of the rest of the English-speaking world. This gives the system flexibility,
while general acceptance of certain authoritative materials provides a degree of stability.
Nevertheless, in many instances, the courts have failed to keep pace with social developments
and it has become necessary to enact statutes to bring about needed changes; indeed, in recent
22
years statutes have superseded much of common law, notably in the fields of commercial,
administrative, and criminal law. Typically, however, in statutory interpretation the courts have
recourse to the doctrines of common law. Thus increased legislation has limited but has not
ended judicial supremacy.

Development of Common Law

Early common law was somewhat inflexible; it would not adjudicate a case that did not fall
precisely under the purview of a particular writ and had an unwieldy set of procedural rules.
Except for a few types of lawsuits in which the object was to recover real or personal property,
the only remedy provided was money damages; the body of legal principles known as equity
evolved partly to overcome these deficiencies. Until comparatively recent times there was a
sharp division between common law (or legal jurisprudence) and equity (or equitable
jurisprudence). In 1848 the state of New York enacted a code of civil procedure (drafted by
David Dudley Field) that merged law and equity into one jurisdiction. Thenceforth, actions at
law and suits in equity were to be administered in the same courts and under the same procedure.
The Field code reforms were adopted by most states of the United States, by the federal
government, and by the United Kingdom (in the Judicature Act of 1873).

Vocabulary:
Lawyer = avocat
Scrutiny = scrutin
Stare decisis = cu privire la ce s-a decis anterior
To superseed = a depăşi
Remedy = remediu
Merged = care au fuzionat

Exercises

I. Answer the following questions:

7. What are the distinctive features of Common Law?
8. What was the English medieval theory about the administration of law?
9. Is the term ―common law‖ opposed to that of Statutory Law? In what sense?

II. Give synonyms for:

To invade, to include, to use, to provide, to derive, to supersede, to increase, to limit, to recover,
to evolve.

III. How do you say in English the following phrases:

23
A se face nevăzut; la locul faptei; a face abstracţie de; a fi cunoscut sub numele de; a amîna pînă
la nesfîrşit.

Grammar:
PRESENT PERFECT
Present Perfect Simple
Form:
Aff. sent.: S + HAVE/HAS (pers 3 sg.) + VB –ed/3-rd form (participle)
Interog. sent.: HAVE/HAS + S + VB-ed/3-rd form?
Neg. Sent.: S + HAVE/HAS + NOT + VB-ed/3-rd form

Use:
- recent events, without a definite time given.
Ex.: We’ve missed the bus.
- indefinite events, happened at an unknown time in the past; no definite time is given.
Ex.: Jim has had 3 car accidents up to the present.
- indefinite events that may have an obvious result in the present.
Ex.: She has broken her leg, that’s why she can’t walk.
- a state that lasts up to present (with state vbs.).
Ex.: I’ve lived here for the past ten years.
- a habitual action in a period of time up to present.
Ex.: I’ve been jogging every morning for the last month.

Contrasts with Past Simple:

Past Simple is used with time expressions which refer to definite times.. The time may be stated
or understood.
Ex.:
I’ve bought a new car.
I bought a new car last year.
I bought a new car after all.

(The choice between past simple and present perfect may depend on speaker’s attitude: if he
feels distant in time and place from the event or if he feels separated in time from the event.)
Ex.:
I’ve left my wallet in the car. I’m going back to get it.
I left my wallet in the car.

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Present Perfect Continuous
Form:
Aff. Sent.: S + HAVE/HAS + BEEN + VB-ing
Interog. Sent.: HAVE /HAS + S + BEEN + VB-ing?
Neg. sent.: S + HAVE /HAS + NOT + VB-ing

Use:
- a state which lasts up to the present moment
Ex.: I’ve been waiting for you for 3 hours.
- an incomplete activity
Ex.: I’ve been cleaning the house but I have still haven’t finished it.
- emphasises duration
Ex.: I’ve been writing letters all morning.

Notes:
- use ―for‖ to show the period the action lasts up to.
- use ―since‖ to show the moment when the action began.

Adverbs:
Yet, just, already, since..., for…

Exercises:
I. Answer the questions using the present perfect simple:
10. What films have you seen this month?
11. What new places have you visited this year?
12. How much money have you spent this week?
13. How many holidays have you spent abroad over the past six years?
14. How long have you lived in your present house?

II. Rewrite the sentences, using the past simple tense for one of the verbs in each example,
and the present perfect tense for the remaining verbs:
14. More people (buy) properties abroad since exchange controls (abolish –passive).
15. Since British Rail (introduce) its new structures, more people (have) to travel by train.
16. Since I (make) my report last year, there (be) a steady improvement in the Company’s
trading position.
17. Since the last survey (make –passive) conditions (change) considerably.

25
18. Since the new laws (introduce –passive), the flow of foreign workers into the country
(reduce) a lot.
19. The numbers of unofficial strikes in the factory (go down) dramatically since the new
payment system (institute –passive).
20. The new manager (have) many problems to solve since he (take over) six month ago.

III. Rewrite the sentences, using the present perfect tense with “since” or “for”, as
appropriate.
c.I last went to dentist six month ago.
d.He last spoke to me about his plans a year ago.
e.When I last met him, he was 15 years old.
f.It last rained 3 weeks ago.
g.The company last made a profit in 2003.

Tests:

I. Translate into Romanian:

―During 1931-1933 the B-K’s gang successfully looted banks at such a rapid pace, it became
routine. As part of the planning and strategy for each bank, the gang tried to carry more fire
power than they anticipated the police would have. The machine guns came from either a
connection in NY or the gang members walked into a rural police station after midnight and told
the officer on duty, at gunpoint, they wanted the machine guns. In other words, armed robberies
of police stations.‖

II. Translate into English:

4.De ce nu i-a dus nimeni o haina pina acum?
5.Nici nu stiu de cind n-am mai mincat ceva atit de gustos.
6.Probabil ca de la o vreme incoace era amenintat si de aceea n-a mai putut pastra taina.
7.Inca nu am gasit ceea ce cautai.
8.Fura ceasuri de mai bine de un an si inca nu a fost prins.
9.N-am condus niciodata masina atit de repede asa ca nu te mira daca o sa fac un accident.
10.De 2 zile haina e atirnata acolo; asta inseamna ca n-a venit nici pina azi.
11.Sta acolo de citeva ore si vinde carti.
12.De ce il tin in inchisoare de atita vreme caci noi stim ca n-a facut nimic rau.

26
13.Ai mai locuit vreodata intr-un apartament atit de scump?

Topic 5: Civil Law

Objectives:
- Practising reading skills;
- Introducing and practising the vocabulary related to civil law
- Practising Past Perfect Simple and Past Perfect Continuous

The Content of the lesson

Civil law has at least three meanings. It may connote an entire legal system, or either of two
different bodies of law within a legal system:
1. a legal system (by contrast to the Common law system)
2. the set of rules governing relations between persons (either humans or legal personalities such
as corporations); here the contrast is public law, especially criminal law;
3. Secular law, as opposed to canon law or natural law.

1. A legal system (by contrast to the Common law system)

Civil Law is a modern legal system based upon Roman law, as distinguished from common law.
Civil law is based on written legal codes, a hallmark of the Roman legal system, in which
disputes were settled by reference to a written legal code arrived at through legislation, edicts,
and the like; common law is based on the precedents created by judicial decisions over time. The
tendency in civil law is to create a unified legal system by working out with maximum precision
the conclusions to be drawn from basic principles. The civil law judge is bound by the provisions
of the written law. The traditional civil law decision states the applicable provision from the code
or from a relevant statute, and the judgment is based upon that provision.

With a few exceptions, the countries on the continent of Europe, the countries that were former
colonies of such continental powers (e.g., the Latin American countries), and other countries that
have recently adopted Western legal systems (e.g., Japan) follow civil law. It is also the
foundation for the law of Quebec prov. and of Louisiana. Modern countries that do not adhere to
the civil law (this includes Great Britain and all the United States except Louisiana) for the most
part were colonized by England and apply the system of common law prevailing there.
27
2. As opposed to criminal law
Unlike criminal law, Civil law regulates relationships amongst persons and organizations. Civil
law, in this sense, is usually referring to redress to civil law courts (as opposed to criminal
courts) and is often used as a means to resolve disputes involving accidents (torts such as
negligence), libel and other intentional torts, contract disputes, the probate of wills, and trusts,
and any other private matters that can be resolved between private parties. Violations of civil law
are considered to be torts or breaches of contract, rather than crimes. Depending upon the
regional government, this field of law contains commercial law and some kinds of administrative
law remedies, though sometimes administrative law judges adjudicate penal law violations such
as parking tickets and other minor offenses.

Contractual law enforces contracts by allowing a party(the plaintiff), whose rights have been
violated or breached, to collect damages and penalties from a defendant. Where monetary
damages are deemed insufficient, civil courts may offer other remedies; such as forbidding
someone to do an act (eg; an injunction) or formally changing someone's legal status (eg; divorce
or change of name). Civil lawsuits sometimes occur as a result of criminal action, and such a
lawsuit can be successful even when the defendant was found not guilty under criminal law.
Some civil lawsuits, such as under the civil provisions of the U.S. federal RICO (Racketeer
Influenced and Corrupt Organizations) statutes, allow for a private right of action for damages
when someone has suffered due to the violation of certain crimes under federal law (such as mail
fraud and other specifically enumerated federal offenses).

3. As opposed to canon law

Civil law (as opposed to "canon law") is the secular legal system of the national government
when there is also a system of ecclesiastical courts governed by a church's laws in the same
country. This was the situation in England that repeatedly caused problems between the two
legal systems, most famously perhaps the one that led to the murder of Thomas Becket during
the reign of Henry II of England.

Vocabulary:
To redress = a indrepta Offender = infractor
Negligence = neglijenta Plaintiff = reclamant
Libel = calomnie Defendant = inculpat; pirit
Probate of wills = autentificarea testamentului To deem = a considera
Trust = tutela Remedy = remediu
Offense = infractiune Injuction = hotarire

28
Lawsuit = proces Reign = domnie
To occur = a se petrece, a se intimpla, a aparea Provision = prevedere
Due to = conform… Judgement = judecata
Ecclesiastical = ecleziastic To prevail = a predomina

Exercises

I. Find out as many meanings as you can for:

Redress, will, trust, occur

II. Give the opposite for the following:

Regulate, intentional, insufficient, not guilty, written, unified, adhere

III. Study the words in column D. What verbs can you use with them? Write the infinitive,
past and participle forms of the verbs in columns A, B, C. Some letters are given to help
you.

A B C D

Break broke broken a contract, a promise

s…… ……t ……t an invoice, a letter

……y ……d …….d in cash, a bill

……k ……e …….e a mistake, a profit

….a… ….e…. ….e…. a report, the newspaper

….l…. ….e… …….n by helicopter, by Concorde

….p… …….t ……..t money, time

g….. …..a…. …….n evidence, advice

b…… ……a…. ….u…. a business, a career

….m… …..a….. .....o…. President, the department manager

l…… ……t ……t confidence, loyalty

Grammar
PAST PERFECT
Past Perfect Simple
Form:
29
Aff. sent.: S+ HAD + VB-ed/3-rd form
Interog. sent.: HAD + S + VB-ed/3-rd form?
Neg. sent.: S+ HAD + NOT + VB –ed/3-rd form.

Use:
an event or action that happened before another particular event in the past.

Example:
They had been married long before he was born.

Past Perfect Continuous

Form:
Aff. sent.: S+ HAD + BEEN + VB-ing
Interog. sent.: HAD + S + BEEN + VB-ing?
NEG. sent: S + HAD + NOT + BEEN + VB-ing.

Use:
-emphasizes the duration of an event happened in the past before another event in the past.

Example:
He had been learning Chinese when he was a child, but he forgot it and now he is learning it
again.

Exercises
I. Join the sentences using “by the time” as in the example:
The film started. We arrived.
The film had started by the time we arrived.
15. He forgot the phone number. He got to the phone boot.
16. We had breakfast. He came downstairs.
17. The man slept. His wife came from shopping.
18. He smoked 20 cigarettes. We came back by his car.
19. The thief burnt all the evidence. The police arrested him.

II. Put the verbs in brackets in Past Perfect Progressive, as in the example:
1. When they found him, he had been living in Africa for 12 years.
2. When she arrived, I (wait) for more than 3 hours.
3. What (they-do)? They got home so dirty and wet.
4. When her body was found, she (be) dead for 20 hours.

30
5. She said she (drive) that car only for a month.
6. They (drink) all night, so they all had hangovers the following morning.

III Put the verbs in brackets into Past Progressive or Past Perfect Progressive:

1. The police eventually caught the thief. They look for him for months.
2. The sun (not shine) when I took these photographs.
3. (The dog – bark) when you opened the gate?
4. Since the end of the war he (try) to set up his own business.
5. By then we had discovered who (steal) money from the company the last 3 years.

Tests:
I. Translate into English:
20. Nu mai primise poşta de mai bine de o lună şi se plînsese poştaşului despre acest lucru,
dar poştaşul nu l-a luat în seamă.
21. De cînd fuseseră jafuri în cartier, bătrîna obişnuia să încuie bine toate uşile pe timpul
nopţii.
22. Vizitase împrejurimile mai bine de o lună, dar tot nu găsise casa în care se născuse.
23. Dormea de cîteva ceasuri cînd a venit portarul şi l-a dat afară.
24. Plecaseră de acasă de mai bine de o jumătate de oră cînd a început ploaia.
25. Abia spărsese geamul, că a aparut vecinul şi a trebuit să-şi ceară scuze.
26. Lipsea de 2 ani de acasă cînd a primit scrisoarea despre pierderea cîinelui.
27. Dezvăluise deja afacerile partenerului cînd a venit poliţia şi l-a arestat.
28. Mîncase tot tortul şi a fost dus la spital cu dureri mari de burtă.
29. Ştiuse tot timpul acest lucru dar nu a crezut pînă nu a văzut cu proprii lui ochi.

II. Write a short composition about how the Civil Law System contrasts to the Common
Law System

Topic 6: Civil and Criminal Cases. Pre-trial Procedures.

Objectives:
- Practising reading skills;

31
 - Introducing and practising the vocabulary related to civil and criminal
cases;
- Practising Future Tenses.

The Content of the lesson

The law deals with two kinds of cases. Civil cases involve conflicts between people or
institutions such as businesses. A civil case usually begins when a person or organization
determines that a problem can’t be solved without the intervention of the courts. In civil cases,
one (or more) of these persons or organizations brings suit.

Criminal cases involve enforcing public codes of behavior as embodied in the laws, with the
government prosecuting individuals or institutions. In a criminal case, the government brings
charges against the person alleged to have committed the crime.

In many parts of the world, civil and criminal legal actions are combined into one case, but in
the US they are not. If there are serious civil and criminal aspects of an event, there will be two
(or more) distinct cases.

Most civil cases are settled by mutual agreement between the parties. A dispute can be settled
even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the
trial, while the jury is deliberating, or even after a verdict is rendered.

A settlement doesn’t usually state that anyone was right or wrong in the case, nor does it have
to settle the whole case. Part of a dispute can be settled, with the remaining issues left to be
resolved by the judge or jury.

Criminal cases are not settled by the parties in quite the same way civil cases are. However, not
every case goes to trial. The government may decide to dismiss a case, or be ordered to do so by
a court. The defendant may decide to plead guilty, perhaps as a result of negotiations with the
government that result in dismissing some of the charges or recommending leniency in
sentencing. Plea bargains are a very important and efficient way to resolve criminal cases.

Pre-trial Procedures in Civil Cases

Suits begin with the filing of a complaint in the proper court. The person filing the suit is often
referred to as the plaintiff; the person or entity against whom the case is filed is often referred to

32
as the defendant. In some areas of law, such as domestic relations, the person filing the
complaint is the petitioner, and the person against whom the case is filed is the respondent.

The complaint states the plaintiff's version of the facts, the legal theory under which the case is
brought (negligence, for example), and asks for certain damages or other relief. The plaintiff
also files with the court clerk a request that a summons (or notice) be issued to the defendant.
After being notified, the defendant has a certain period of time to file an answer admitting or
denying the allegations made in the complaint.

Jurisdiction and Venue

The plaintiff's lawyer must decide where to file the case. A court has no authority to decide a
case unless it has jurisdiction over the person or property involved. To have jurisdiction, a court
must have authority over the subject matter of the case and

• the court must be able to exercise control over the defendant,

• or the property involved must be located in the area under the court's control.

The extent of the court's control over persons and property is set by law.

Certain actions are transitory. They can be brought wherever the defendant may be found and
served with a summons, and where the jurisdiction has sufficient contact with one of the parties
and the incident that gave rise to the suit. Other actions - such as foreclosing on a piece of
property - are local. They can be brought only in the county where the subject of the suit is
located.

Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried.
The venue of a lawsuit is set by statute, but it can sometimes be changed to another county or
district (because of pre-trial publicity or for the convenience of witnesses).

Pleadings

A lawsuit begins when the person bringing the suit files a complaint. This first step begins what
is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with
the court that state the parties' basic positions. Common pre-trial pleadings include:
• Complaint (or petition or bill). Sets out the plaintiff's version of the facts and specifying the
damages. It includes various counts - that is, distinct statements of the plaintiff’s cause of action
- highlighting the factual and legal basis of the suit.

33
• Answer. This statement by the defendant usually explains why the plaintiff should not prevail.
It may also offer additional facts, or plead an excuse.
• Reply. Any party in the case may have to file a reply, which is an answer to new allegations
raised in pleadings.
• Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has
injured the defendant in some way, and should pay damages.

Motions

Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the
most common pre-trial motions include:
• Motion to Discover. A motion by which one party seeks to gain information from the adverse
party.
• Motion to Dismiss. This motion asks the court to dismiss the suit because the suit doesn’t
have a legally sound basis, even if all the facts alleged are proven true.
• Motion for Summary Judgment (sometimes called motion for summary disposition). This
motion asks the court for a judgment on the merits of the case before the trial.

Discovery

This is the formal process of exchanging information between the parties about the witnesses
and evidence they’ll present at trial. It’s designed to prevent "trial by ambush," where one side
doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to
obtain answering evidence.

One of the most common methods of discovery is to take depositions. A deposition is an out-of-
court statement given under oath by any person involved in the case. It is used at trial or in
preparation for trial. It may be a written transcript, videotape, or both. In most states, either of
the parties may take the deposition of the other party, or of any other witness. Both sides have
the right to be present during oral depositions.

In addition to taking depositions, either party may submit written questions, called
interrogatories, to the other party and require that they be answered in writing under oath. If
one party chooses to use an interrogatory, written questions are sent to the lawyer representing
the other side, and that party has a period of time in which to answer.

Other methods of discovery include

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• subpoenaing or requiring the other side to produce books, records or other documents for
inspection (a subpoena is a written order issued by a court compelling a person to testify or
produce certain physical evidence such as records);
• having the other side submit to a physical examination; or
• asking that a document be submitted for examination to determine if it is genuine.

Pre-trial Conferences

Judges use pre-trial conferences with lawyers for many purposes. One type of conference
gaining popularity is the status conference (sometimes called the early conference). This
conference—held after all initial pleadings have been filed—helps the judge manage the case.

Arbitration involves submitting the dispute to a neutral third party who renders a decision after
hearing arguments and reviewing evidence. In mediation, a third-party mediator who is neutral
assists the parties to reach a negotiated settlement of their differences, but he or she is not
empowered to decide the case.

If a case hasn’t been settled, many courts set a time for an issue conference. The lawyers
usually appear at this hearing before a judge without their clients and try to agree on undisputed
facts or points of law. Such agreements are called stipulations. If a settlement doesn’t take place
through pre-trial conferences, the judge sets a date for the trial.

Vocabulary:
Complaint = plîngere, reclamaţie
Plaintiff = reclamant
Defendant = pîrît
Petitioner = petiţionar
Summon = citaţie
Allegation = pretenţie
Venue = loc de judecată
Transitory = tranzitoriu
Witness = martor
Pleading= pledoarie
Motion = moţiune
Deposition = depoziţie
Interogatory = interogatoriu
Subpoena = citaţie

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Arbitration = arbitraj
Mediation = mediere
Stipulation = stipulare
Conference = conferinţă

Exercises

I. Answer the following questions:

1. What is a civil case?
2. What does a criminal case involve?
3. How is usually a civil case settle?
4. And what about criminal cases?

II. Complete the table below:

Noun Adjective Translation

1. action …………. …………..
2. ………. criminal …………..
3. dissent ………….. …………..
4. ………. tortious …………...
5.equity …………… …………...
6. ……….. damaged …………...
7. appeal ………….. ….....……..
8……….. triable ….....……..
9. answer ………… ……………
10. accusation ………….. ……………

III. Match each of the Latin words to their appropriate definitions:

A. per incuriam 1. that is to say

B. ultra vires 2. against
C. locus standi 3. part of an English judgement; It’s not essential to the decision
D. obiter dictum 4.through lack of care
E. res judicata 5.that is, namely
F. with the proviso that 6.matter on which judgement has been given

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G. versus 7.the right to be heard in court
H. scilicet (abbr. Scil.) 8.the reason for the judicial decision
I. ratio dicidendi 9.exceeding one’s legal powers
J. viz (videlicet) 10.under the condition that (in a contract)

IV. Name the crime and the criminal for each verb:
Verb Crime Criminal
To commit an offence offence offender
To murder ………… ………....
To break into smb’s house …………. ………….
To rob ………….. ………….
To kidnap …………. …………..
To shoplift ………… …………..
To smuggle ………… …………..
To hijack ………… ………….
To blackmail …………. ………….
To bribe …………. …………..

Grammar:
FUTURE
WILL
Form:
Aff. sent.: S + WILL +VB
Interog. sent.: WILL + S + VB?
Neg. sent.: S + WILL + NOT + VB
Use:
a future prediction
I think it will rain tomorrow.
a future intention
I’ll see you next week.
Note:
The intention/decision is made at the moment of speaking; it isn’t planned before.
Values:
- a promise

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I’ll bring you the book tomorrow.
- a threat
If you do that again, I’ll kill you.
- a decision
We’ll go back home at 8 o’clock.
Adverbs of time: one of these days, some day, sometime, sooner or later, tomorrow, the day after
tomorrow, this time next…, next week, the week after next etc.

BE GOING TO
Form:
Aff. sent.: S + BE (AM, IS, ARE) GOING TO + VB
Interog. sent.: BE + S + GOING TO + VB?
Neg. sent.: S + BE + NOT + GOING TO + VB
Use:
a future intention, plan or decision thought about before the moment of speaking
We are going to get married in June.
a future event for which there is some evidence now
Look at those clouds. It’s going to rain.
Note:
1) The difference between Future with ―will‖ and Future with ―be going to‖ is when the decision
was made.
Eg:
A: We have run out of sugar
B: I know. I’m going to buy some.

A: We have run out of sugar.

B: Have we? I didn’t know. I’ll buy some when I go shopping.

2) You can also use ―BE DUE TO‖ or ―BE ABOUT TO‖ +infinitive to refer to planned future
events that you expect to happen soon.
He is due to start as a lawyer shortly.
Another 100 people are about to lose their jobs.

FUTURE CONTINUOUS
Form:
Aff. sent.: S + WILL + BE + VB-ING

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Interog. sent.: WILL + S + BE + VB-ING?
Neg. sent.: S + WILL + NOT + BE + VB-ING
Use:
indicates certainty ( you are sure that something will happen because arrangements have been
made)
I’ll be seeing them when I’ve finished with you.
She will be appearing tomorrow night at the Royal Festival Hall.

FUTURE PERFECT SIMPLE

Form:
Aff. sent.: S + WILL + HAVE + VB-ed/3-rd form
Interog. sent.: WILL + S + HAVE + VB-ed/3-rd form?
Neg. sent.: S + WILL + NOT + HAVE + VB-ed/3-rd form
Use:
refers to a future event that will happen before another particular time in the future
Maybe when you come up, you will have heard the news from your sister.

FUTURE PERFECT CONTINUOUS

Form:
Aff. sent.: S + WILL + HAVE + BEEN + VB-ING
Interog. sent.: WILL + S + HAVE + BEEN + VB-ING?
Neg. sent.: S + WILL + NOT + HAVE + BEEN + VB-ING
Use:
indicates the duration of a future event that will happen before another particular event in the
future
The register will have been running for a year in May.

PRESENT SIMPLE AND PRESENT CONTINUOUS FOR FUTURE

Both Simple and Continuous Present can be used to state plans that you have for the future.
use Present Simple for schedules:
My last train leaves London at 10.30.
use Present Continuous to express a future event that has already been planned:
I’m seeing him tomorrow.
The difference between ―Be going to‖ and Present Continuous for Future:
I’m going to have dinner with Mr. Palmer tonight.
(it is my intention; I want to do this)

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I’m having dinner with…
(it is only a planned future event in my business agenda; it is nothing about speaker’s attitude).

Exercises:

I. Put the verbs into the correct form using “will” or “be going to”:
1.A: Have you got a moment to spare?
B: Sorry, we …………have lunch.
2.A: Alan is starting university next month.
B: Really? What (he) …………study?
3.A: What would you like to drink, red or white wine?
B: I ………….have red, please.
4.A: What (you – do ) …………..with your flat?
B: I……………sell it. I …………… live at the countryside from now on.
5.A: I can not work out how to use this digital camera.
B: It’s quite easy. I …………….show you.

II. Decide which of the following sentences are wrong and correct them:
I’m seeing the doctor tomorrow.
It’s going to rain tomorrow. It said so on the radio.
The film is starting at 5 and is going to finish at 6.30.
It’s snowing this weekend.
―When do you meet her?‖ ―At 10 p.m.‖

III. Rewrite the sentences using the verbs in brackets:

1. Of course he won’t have any money left by the end of the week. (spend)
2. I’m sure you won’t remember me in ten years from now. (forget)
3. By the time Easter comes, there won’t be any snow here. (melt)
4. In two years there won’t be any houses around here. (pull down)
5. When he is 30, he’ll be a successful barrister. (change)

IV. Put the verbs in brackets into a proper Future Form:

Please don’t telephone before eleven. John (sleep) until ten.
Mary (teach) in this school for six years by next month.
I (get) you some cigarettes if you like. The shops (still-be open).
Goodbye, we (see) you soon. You (hear) from us before long.

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What are you doing next weekend? Oh, I (work) in the garden as usual.
The train (arrive) here very soon. By the time they (travel) for more than 24 hours.
By this time next year you (finish) the course.
Please get on the bus. We (leave) in a few minutes.
I must rush home now. The children (come) from school soon.
This time tomorrow everyone (read) of your success.
The exhibition (open) to the public next month.

Tests:
I Translate into English:
1. Cînd îl veţi trimite să studieze în străinătate?
2. Cine va intra primul în biroul lui?
3. Te va plăti pentru activitatea ta?
4. - Nu vă supăraţi, rămîneţi multă vreme la noi?
Am sa plec curînd dacă continuă să plouă aşa.
5. - Ai să cumperi vreodată puşcă să ma înveţi să vînez?
6. Studenţii vor da examen mîine de la ora 12 la 14.
7. Susan va studia Dreptul Civil anul următor.
8. Faci ceva mîine seară între 6 şi 7 sau ieşim în oraş?
9. Ea nu va purta ochelarii la nunta ei.
10. Ei vor juca cărţi toată noaptea.
11. El îşi va fi terminat treaba şi presupun că se va duce la un film.
12. Sînt sigur că îţi va fi uitat sfatul pînă la întîlnirea cu ea.
13. Săptămîna viitoare pe vremea asta, el se va fi aflat în spital de o lună.
14. Luna viitoare voi fi lucrat de 20 de ani în acest birou aşa că mai bine nu mă învaţă el pe mine
cum să-mi fac treaba.

II. Make sentences choosing one item from each column below, linking them (if necessary)
with one of the expressions A-H:
A. as to; B. against; C. at; D. for; E. in; F. to; G. down; H. from.
1. The plaintiff brought an action I. damages
2. The cashier is held accountable II. 3 million dollars
3. He started an action III. any loss of money at the cash desk
4. She allegedly claimed 5.500 dollars IV. whether she should challenge the opinion

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 of the court or comply with the law
5. The court assessed damages V. the defendant because he was entitled to
equal pay
6. She took legal advice VI. obtain money for the damage sustained

7. He is answerable to the CID VII. the loss of any police record

8. The prosecution has withdrawn
9. In this case the judges dissented
10. The justices finally handed
VIII. the case because the witness for the
prosecution refused to testify, now.
IX. the ruling. They reversed the judgement of
the Louisiana court.
X. a previous ruling and delivered a landmark
decision

Bibliography:

- Merriam-Webster’s Dictionary of Law, Merriam-Webster, 1996

- English with a key, Lidia Vianu, Editura de Vest, Timisoara, 1992
- Practise your grammar, P. Dombrovos, Prisma Publications, 1991
- Sinteze de gramatica engleza. Exercitii si teste de evaluare, Galateanu, F.
Georgiana, Editura Cruso si Lucman, Bucuresti, 1996
- Longman Dictionary of Contemporary English, Longman Group Ltd., Harlow,
1995
- A Practical English Grammar. Exercises, Thomson A.J., Martinet A.V., o.u.p.,
Oxford, 1997
- Advanced Language Practice with key, Vince M., Heinemann, Oxford, 1994

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