unit 1-british law vs. us law · ii. 1. common law= the body of law based on judicial decisions and...
TRANSCRIPT
Unit 1-British Law vs. US Law
I. The main sources of British law are common law, legislation and, more recently, European Community law. Scotland and Northern Ireland have their own legal system and lawcourts, distinct from those in England and Wales. A distinctive ancient British law is that of 'habeas corpus'. This Latin phrase literally means 'you must have the body', and is the opening words of a 17th-century writ guaranteeing a person a fair trial. A person who believes that he is being wrongly held by the police can issue a writ of habeas corpus to have his complaint heard by a court. This is also a part of the US Constitution. US law is based on English law and is represented by common law, statute law and the US Constitution. There are two types of court, state and federal, with each state having its own distinctive laws, courts and prisons. Federal law cases are first heard before a federal district judge in a district court presided over by a Chief Judge. Appeals are made to one of 13 Courts of Appeal or to the Supreme Court, the highest in the country. The federal legal system has its own police force, the Federal Bureau of Investigation (FBI). A sheriff in the USA is the chief law enforcement officer in a county, with the power of a police officer in the matter of enforcing criminal law. In England and Wales the sheriff is the principal officer of the Crown in a county, with mainly ceremonial duties. II. 1. common law= the body of law based on judicial decisions and custom, as distinct from statute law= drept comun
2. habeas corpus= a writ ordering a person to be brought before a court or judge, especially so that the court may ascertain whether his detention is lawful= habeas corpus
3. writ= a document under seal, issued in the name of the Crown or a court, commanding the person to whom it is addressed to do or refrain from doing some specified act= ordonanta, hotarare judecatoreasca
4. the prosecution= the institution and conduct of legal proceedings against a person= procuratura, acuzarea
5. defendant= a person against whom an action or claim is brought in a court of law= acuzat, inculpat, parat 6. the defence= the defendant and his legal advisers collectively= apararea
7. solicitor= lawyer who advises clients on matters of law, draws up legal documents, prepares cases for barristers, etc. and who may plead in certain courts= avocat insarcinat cu procedura, jurisconsult 8. barrister= a lawyer who has been called to the bar and is qualified to plead in the higher courts= avocat pledant 9. the Bar= all those who belong to the profession of barrister= Barou
10. Inns of Court= the four private unincorporated societies in London (Lincoln's Inn, Inner Temple, Middle Temple, Gray's Inn) that function as a law school and have the exclusive privilege of calling candidates to the English Bar= cladiri londoneze apartinand la patru societati juridice
11. coroner= a public official responsible for the investigation of violent, sudden, or suspicious deaths= medic legist si procuror insarcinat cu cercetarea penala a deceselor suspecte
12. appeal= the judicial review by a superior court of the decision of a lower tribunal=apel, recurs
III. English equivalents for some Romanian expressions
1. a dovedi nevinovatia cuiva= to prove somebody guilty
2. a stabili un verdict= to reach a verdict 3. a pune in aplicare legea= to enforce the law
4. a comite o infractiune= to commit a crime
5. a fi actionat in justitie= to be brought to trial 6. a incalca legea= to break the law
7. a avea dreptul de a face un recurs/apel= to have the right of appeal 8. a fi supus unui interogatoriu (la un proces)= to stand trial 9. a ocoli legea= to get round the law
10. a fi in curs de judecare (dupa caz)= to be on trial 11. a actiona pe cale legala= to keep the right side of the law
Unit 2-British Law vs. US Law-Grammar
Choose the correct version, paying attention to the use of English tenses:
1. Judge Williams ........................ today as judge Thomson has been taken ill.
a) presides b) will preside c) is presiding d) presided
2. Before taking up his duty, each judge ............. an oath to respect his
responsabilities.
a) takes b) is taking c) took d) has taken
3. The members of the jury ....... now ................... on the murder case.
a) is __ deliberating b) were __ deliberating c) are __ deliberating
4. ............................ to represent yourself in the trial?
a) Will you b) Are you going c) You are going d) Will you be
5. Look out! One of the robbers .......................... .
a) will shoot b) is shooting c) was shooting d) is going to
shoot
6. I ....................... my solicitor tomorrow; I am changing my will.
a) am seeing b) will see c) see d) would see
7. As soon as I .............. from my lawyer, I will let you know.
a) will hear b) heard c) will have heard d) hear
8. You cannot enter this room. The witness ..................... cross examined right
this moment.
a) is being b) is c) will be d) has being
9. The coroner .......................... the case right now.
a) investigates b) is investigating c) will investigate d) has been
investigating
10. My client will make an appeal when the verdict ......... pronounced.
a) will be b) was c) has been d) is being
Match the English expressions in column A with their equivalent
Romanian translations in column B, using the glossary:
A B
to serve a sentence = a executa o sentinţă
1. to pronounce a sentence a. a comuta o pedeapsă
2. to be released on probation b. cu domiciliu forţat
3. to be taken into custody c. a fi eliberat pe cauţiune
4. to drop all the charges d. a suspenda o sentinţă
5. to commute a sentence e. a depune un jurământ
6. to be released on bail f. a renunţa la toate acuzaţiile
7. to take an oath g. a pronunţa o sentinţă
8. to suspend a sentence h. a urmări în justiţie
9. under house arrest i. a fi arestat
10. to bring to court j. a fi pus în libertate sub supraveghere
Match the verbal tenses in the left column with their corresponding
grammatical term; the first one has been done for you as an example:
Verbal tenses Corresponding grammatical term
is investigating Present Tense Continuous
1. will have prosecuted a. Past Tense Simple
2. has been protecting b. Past Perfect
3. was advising c. Present Tense Simple
4. had been examining d. Present Perfect Continuous
5. defended e. Future Tense Continuous
6. will dismiss f. Past Tense Continous
7. had robbed g. Past Perfect Continuous
8. have committed h. Future Tense Simple
9. will have been pleading i. Present Perfect
10. will be analysing j. Future Perfect Continuous
11. convicts k. Future Perfect
Put the verbs in brackets into the corresponding verbal tense indicated in
intalics:
1. I ………….. (see) my solicitor tomorrow. (Present Tense Continuous)
2. What …………you (think) about? (Present Tense Continuous) Why ……….
you (not talk) to me about your problems? (Present Tense Simple)
3. After deliberating for hours, the jury ………….. (decide) to declare the
defendant not guilty. (Present Perfect)
4. Why ………….. you (accept) to take this case if you consider your client to
be guilty? (Present Perfect)
5. Yesterday he ………. (come) into my office and ……… (ask) for my help. I
……… (tell) him that I would help him but he ………. (not seem) to trust
my words. (Past Tense Simple)
6. I ………….. (wait) for you in front of the cinema when I ……… (realize)
that somebody …………… (watch) me insistently. Soon after I ………..
(decide) to leave. (Past Tense Continuous and Past Tense Simple)
7. Judge Moony …………… (preside) in this court of law for more than ten
years. (Present Perfect Continuous) He ………… (retire) next
week. (Present Tense Continous)
8. The journalist …………. (not make) the story public until he ………….
(find) enough hard evidence to incriminate the suspect. (Past Tense Simple,
Past Perfect)
9. They …………… (work) together for five years when they ………… (find
out) that they ………….... (be married) to the same woman. (Past Perfect
Continuous, Past Tense Simple, Past Perfect)
10. By the time you ……….. (arrive) at the airport, his plane ……………
(land) for more than half an hour. (Present Tense Simple, Future Perfect)
11. When I ……….. (graduate) I was very determined to pursue a career in the
law field. (Past Tense Simple) But since then I ………….. (reconsider) my
options and I …………… (decide) to turn politician. (Present Perfect)
12. She …………... already (address) her appeal to the High Court of Justice in
London when she …………. (be summoned) to appear in the local court.
(Past Perfect, Past Tense Simple)
Unit 3-Forms of Punishment
I. When people are sent to prison in Britain after being found guilty of a crime, they are given a sentence that specifies the length of their punishment. Most, however, will be eligible for a remission of one third of the period stipulated. This means that a person sentenced to a year's imprisonment will normally be released after eight months, and one sentenced to three years will leave prison after two. Moreover, most prisoners sentenced to 12 months or more are also eligible for parole when they have served one third of the stated period, after a minimum of six month in prison. Although a 'life sentence' for murder rarely means imprisonment for life, it can last for 20 years or more if the crime was the murder of a police officer or prison officer, if it was carried out during a terrorist attack or a robbery, or if it involved the sexual or sadistic killing of a child. The government minister responsible for law and order, the Home Secretary, decides when a prisoner sentenced to life should be released. Such prisoners remain on parole for the rest of their lives, and may be imprisoned again if it seems likely that they will commit a further offence. On the whole, many courts try to avoid passing prison sentences in the first place, and instead impose some other punishment, such as a fine, or probation, or a community service order. A court may impose a prison sentence 'suspended' for up to two years: the offender will not have to serve the sentence unless he or she commits other offences during the period. Courts also have the power to allow a convicted person to go free, i.e. to discharge him or her conditionally, especially if imprisonment or other punishment seems inappropriate. If convicted for another offence of the same kind, however, such a person will be brought back to court and be liable for punishment that could have been imposed in the first place. II. State whether the following sentences are true or false and correct the false ones: 1. A person sentenced to three years will normally leave prison after two.
2. Most prisoners sentenced to 12 months are eligible for parole when they have served four moths of the stated period. 3. At present, one prisoner out of four obtain parole. 4. Prisoners sentenced to five or more years for serious offences are granted parole very often. 5. A 'life sentence' for murder can last for 20 years or more. 6. The High Court of Justice decides when a prisoner sentenced to life should be released. 7. Fines are awarded in about six cases out of ten. 8. 'Probation' involves that a probation officer will be living with the offender over the period of time estimated initially. 9. The number of hours that can be imposed for community service vary between 40 and 240 hours. 10. Irrespective of the number of hours, the community service has to be completed within one year. III. Choose the correct meaning of the following expressions selected from the above text: 1. "To be eligible for a remission" means: a. to deserve to be punished for a remission. b. to be worthy or unfit for a remission. c. to have the right or proper qualification for a remission.
2. "To be liable for punishment" means: a. to be legally obliged or responsible for something and be punished accordingly. b. to be suspected of an offence and be punished for it. c. to deserve a form of punishment. 3. "To observe a condition" (in the context of its use) means: a. to listen to a condition but not to respect it. b. to notice a condition carefully. c. to legally respect an official law. 4. "To carry out a crime" means: a. to bring to completion, to accomplish a crime. b. to be acquitted for a crime. c. to serve a sentence for committing a crime. 5. "To bind somebody over" means: a. to make sb. take an oath that he will respect the law. b. to warn sb. that he will appear in court again if he breaks the law. c. to punish sb. for breaking the law
IV. Match the following words and expressions with their Romanian translation:
1. crime a. condamnat 2. offender b. pedeapsa cu suspendare
3. remission c. delict, infractiune
4. parole d. incendiere premeditata
5. probation officer e. reducere de pedeapsa, gratiere
6. life sentence f. munca in interesul comunitatii 7. community service g. ofiter de politie insarcinat cu supravegherea unei persoane eliberate conditionat 8. convict h. condamnare pe viata
9. arson i. contravenient 10. suspended sentence j. eliberare conditionata
Unit 4-Forms of Punishment-Grammar
Choose the correct version:
1. Any witness shall take an oath that the .................. he/she is about to give shall
be the truth, the whole truth and nothing but the truth.
a) confession b) testimony c) verdict d)
statement
2. To .................... means to go or intrude on the property, privacy, or preserves of
another with no right or permission.
a) trespass b) forge c) break in d) burgle
3. .................. is defined as giving or promising to give a public official something
of value with a corrupt intention to influence the official in the discharge of his or
her official duty.
a) Forgery b) Larceny c) Bribery d) Perjury
4. ..................... is the false making or altering of any document that either has
legal significance or is commonly relied upon in business transactions.
a) Deceit b) Smuggling c) Corruption d) Forgery
5. Since the defendant did not have a criminal record, he got away with a small
........... .
a) ransom b) punishment c) fine d) ticket
6. Many civilized countries have long abolished the death .................
a) penalty b) punishment c) conviction d) sentence
7. A threat of attack to another person, followed by actual attack which need
amount only to touching with hostile intent is called .....................
a) rape b) assault and battery c) threat d) vandalism
8. The defendant was able to prove his innocence at the trial and was .....................
.
a) absolved b) acquitted c) forgiven d) pardoned
9. The judge recommended more humane forms of punishment for juvenile
......................
a) convicts b) villains c) sinners d) delinquents
10. The police have to ................... the law, not to take it into their own hands.
a) press b) break c) force d) enforce
Choose the correct version, paying attention to the use of English tenses:
1. He ................... a solicitor for more than a year now.
a) was b) had been c) has been d) is
2. We ......................... for the verdict for almost two hours! There must be
something wrong.
a) are waiting b) were waiting c) waited d) have been waiting
3. She .................... released on bail last week.
a) has been b) was c) will be d) had been
4. ............ the jury .................. a verdict?
a) Have ... reached b) Has ... reached c) Had ... reached d)
Did .... reach
5. The leader of the gang ...... just ............ acquitted by the court of justice.
a) has...been b) had...been c) was...been d) is ...
6. He was placed under investigation only after they .............. hard evidence
against him.
a) found b) had found c) has found d) finded
7. His sentence was by far more severe than everybody ......................... .
a) expected b) was expecting c) had expected d) has expected
8. As soon as the jury .................. the verdict, the case was dismissed.
a) had pronounced b) pronounced c) has pronounced d)
pronounces
9. Everybody wondered why he ................. caught red-handed before.
a) hasn’t been b) wasn’t c) hadn’t been d) wouldn’t be
10. The members of the jury ................. for hours when they finally reached a
verdict.
a) were deliberating b) deliberated c) have been deliberating d)
had been deliberating
11. She told me that she ..................... filing for divorce for a long time.
a) considered b) had been considering c) would consider d) has been
considering
12. I ......................... in a court of law since my parents filed for a divorce.
a) wasn’t b) haven’t been c) won’t be d) hadn’t been
13. As soon as the search warrant ..................... they will be allowed to look for the
documents.
a) has been issued b) will be issued c) was issued d) had been
issued
14. ................ his criminal record ..................... to the slightest detail?
a) Was ___ checked b) Has ___ being checked c) Has ___ been
checked d) Would ___ been checked
15. The suspect ............... under investigation long before the police found
irrefutable evidence.
a) was placed b) has been placed c) had been placed
d) will be placed
Unit 5-The European Court of Justice
The reprezentatives of the member states did not by common accord agree on the seat of the Court until 1992, when they were empowered to do so by Article 216 EEC. As a result, they took the decision that the Court of Justice should remain in Luxembourg. This rooting of the Court in Luxembourg is one factor in helping to give the Court a strong esprit de corps. The Court of Justice consists of fifteen judges and nine advocates-general, who are
appointed by common accord of the governments of the member states for a
renewable term of six years. To be appointed to one of these offices a person has to
either possess the qualifications required for appointment to the highest judicial
offices in his or her respective countries or be jurisconsults of recognized
competence. Although in strict law the judges and advocates-general could be of
any nationality, in practice each member state will nominate one of its own
nationals as a judge, and the five largest states – France, Germany, Italy, Spain and
the United Kingdom – will each nominate an advocate-general. The remaining
advocates-general are appointed by the smaller member states in accordance with a
system of rotation. Belgium had an advocate-general from 1988 to 1994, Denmark
from 1991 to 1997, Greece from 1994 to 2000 and Ireland from 1995 to 2000. A
disadvantage of the rotation system is that no matter how outstanding the person is,
it is impossible for him or her to be reappointed at the end of six years.
An odd number of judges is maintained in order to allow the full court to sit and to
reach a majority decision. All decisions of the Court are signed by all the judges
whether they were in the minority or the majority, so it is impossible to know
whether the decision was reached by a bare majority or by unanimity.
The Council has the power, acting unanimously on a request from the Court, to
increase the number of judges and advocates-general. In the past the size of the
Court was expanded upon the accession of new member states, but not on other
occasions, to help it cope with extra business. The Court initially started with seven
judges, expanded to nine in 1973 (accession of Denmark, Ireland and the United
Kingdom), to eleven in 1981 (accession of Greece), to thirteen in 1986 (accession
of Spain and Portugal) and to fifteen in 1995 (accession of Austria, Finland and
Sweden).
The Court has coped with the increase in its workload in part by increasing the
number of cases that it handles in a chamber rather than by a plenary session. The
EEC Treaty always allowed the Court to form chambers consisting of three or five
judges, but originally insisted that cases brought before the Court by a member
state or by a community institution must be heard in plenary session.
The Court now has four chambers of three judges and two chambers of seven
judges. Each chamber has a president, who is elected annually, and it seems that by
convention the presidencies of the chambers rotate around all the judges apart from
the President of the Court.
(Adapted from EC Law. The Essential Guide to the Legal Workings of the
European Community, by Stephen Weatherill&Paul Beaumont)
I. Fill in the gaps with the missing words from the text:
1. Luxembourg is the seat of the actual ...................................... .
2. The members of the European Court of Justice are appointed by the
.................................................. .
3. ...................................... has the right to nominate one of its own nationals as
a judge.
4. Five advocates-general are appointed by .............................., while the other
four are appointed by ............................. .
5. The disadvantage of ........................ is that a member of the Court of Justice
cannot be reappointed at the end of six years.
6. How do we know whether a decision of the Court of Justice was reached by a
......................... or by unanimity?
7. The Council has the power to increase the number of
............................................. .
8. The right of the Court to form chambers was granted by the
.............................. .
9. The actual Court consists of .......................... of three judges and of
...................... of seven judges.
10. The president of a chamber is elected ........................, according to a
rotation system.
II. Ask questions for the following answers; the first two have been done for
you as examples:
Answer: In 1992
Question: When did the reprezentatives of the member states agree on the seat of
the Court?
Answer: Fifteen judges and nine advocates-general.
Question: How many judges and advocates-general does the Court of Justice
consist of ?
1. Answer: Six years.
Question:
_______________________________________________________
2. Answer: France, Germany, Italy, Spain and the United Kingdom.
Question:
_______________________________________________________
3. Answer: From 1988 to 1994.
Question:
_______________________________________________________
4. Answer: Denmark
Question:
_______________________________________________________
5. Answer: In order to allow the full court to sit and to reach a majority
decision.
Question:
_______________________________________________________
6. Answer: All the judges.
Question:
_______________________________________________________
7. Answer: Upon the accession of new member states.
Question:
_______________________________________________________
8. Answer: Seven.
Question:
_______________________________________________________
9. Answer: Austria, Finland and Sweden.
Question:
_______________________________________________________
10. Answer: Six chambers of judges.
Question:
_______________________________________________________
Read the following expressions and their equivalent Romanian translations
and then use them to complete the gapped sentences:
1. to be appointed to an office = 1. a fi numit într-o funcţie/poziţie
2. to be elected = 2. a fi ales
3. to sit = 3. a fi în şedinţă, a se întruni
4. to convene a meeting/session = 4. a convoca o întrunire/şedinţă
5. to convene a person before trial/ to
summon sb. =
5. a cita o persoană să se prezinte la
tribunal
6. to run for a post/an office = 6. a-şi depune candidatura pentru un
post/funcţie
7. to stand for Parliament = 7. a candida pentru Parlament
8. to dissolve Parliament = 8. a dizolva Parlamentul
9. to hear a case/a witness = 9. a audia un caz, un martor
10. to dismiss a case = 10. a declara un caz închis
1. The Minister of Justice is going to ................... presidency.
2. The debtor was .................... to appear before the magistrates.
3. The judges and advocates-general are .................. by the governments of the
member states.
4. The manager of the company has ................ an urgent meeting with the
shareholders.
5. James was ............... chairman by a majority of 25 voters.
6. The Court is now ................ in plenary session.
7. I do not think that his qualifications recommend him to ...................
Parliament.
8. This case is far too important to be ............... in a chamber.
9. Who has the authority to ............... Parliament?
10. The Court ............... the case due to lack of hard evidence.
Unit 6-The European Court of Justice-Verbal tenses
1. to be appointed to an office = 1. a fi numit într-o funcţie/poziţie
2. to be elected = 2. a fi ales
3. to sit = 3. a fi în şedinţă, a se întruni
4. to convene a meeting/session = 4. a convoca o întrunire/şedinţă
5. to convene a person before trial/ to
summon sb. =
5. a cita o persoană să se prezinte la
tribunal
6. to run for a post/an office = 6. a-şi depune candidatura pentru un
post/funcţie
7. to stand for Parliament = 7. a candida pentru Parlament
8. to dissolve Parliament = 8. a dizolva Parlamentul
9. to hear a case/a witness = 9. a audia un caz, un martor
10. to dismiss a case = 10. a declara un caz închis
1. The Minister of Justice is going to ................... presidency.
2. The debtor was .................... to appear before the magistrates.
3. The judges and advocates-general are .................. by the governments of the member states.
4. The manager of the company has ................ an urgent meeting with the shareholders.
5. James was ............... chairman by a majority of 25 voters.
6. The Court is now ................ in plenary session.
7. I do not think that his qualifications recommend him to ................... Parliament.
8. This case is far too important to be ............... in a chamber.
9. Who has the authority to ............... Parliament?
10. The Court ............... the case due to lack of hard evidence.
Choose the correct version, looking the new words up in the Glosarry:
1. She will soon ................. trial for the part she played in the recent
robbery.
a) give b) perform c) make d) stand
2. Detectives are said to be ....................... into the causes of the recent
fire.
a) looking b) investigating c) checking d) searching
3. The victim ............... the law into her own hands by killing her attacker.
a) took b) seized c) grabbed d) put
4. Ted Bundy was a hardened criminal who showed no .................. for
his crimes.
a) penance b) pity c) remorse d) reproach
5. His sentence has been commuted to six months on the ................ of
failing health.
a) bases b) causes c) grounds d) reasons
6. He was convicted to 10 years of prison and ................. of his property.
a) confiscated b) denied c) removed d) deprived
7. If you can’t resolve the dispute, it will have to be settled
by.......................
a) arbitration b) court c) election d) referee
8. All his friends thought he was guilty, but no one could ................
anything against him.
a) accuse b) ensure c) point d) prove
9. As the result of a police ............. on the disco, twenty teenagers were
arrested.
a) invasion b) raid c) intrusion d) entry
10. As he didn’t have a criminal ............., the judge sentenced him to 50
hours of community work.
a) case b) file c) record d) dossier
Choose the correct version, paying attention to the use of English tenses:
1. By the time you reach the Court, he ........................... released on bail.
a) had been b) will have been c) has been d)
was
2. While the people ......................... for the verdict, the judge was talking
to the defendant about the weather.
a) had been waiting b) are waiting c) were waiting d)
wait
3. Right now I think I am ....................... . Come and pick me up!
a) followed b) being followed c) been followed d)
following
4. He ....................... down a street near his home when he was
kidnapped.
a) walked b) was walking c) had been walking d)
is walking
5. One of the kidnappers ................ to kill him while they were driving
away.
a) threatens b) threteaned c) is threatening d) had
threthened
6. How long ago ....... you .......... an appeal?
a) did ... made b) had ...made c) did ... make d) were
... made
7. I saw you yesterday, while you ................... that famous criminal.
a) were defending b) defended c) had been defending
d) defending
8. The witnesses were still being heard when I ............. the court of law.
a) left b) leaved c) was leaving d) had left
9. She told me that she ..................... filing for divorce for a long time.
a) considered b) had been considering c) would consider d) has been
considering
10. This time tomorrow they .................... the witness.
a) will cross-examine b) would cross-examine c) will be cross-
examining d) are cross-examining
11. By the end of this year he ........................ ten years in prison.
a) will be spending b) will spend c) will have spent d) has
spent
12. We knew that the defendant .............. to do such a thing.
a) will never be able b) are never able c) would never be able d) can
never
13. They said that the new constitution ....................... soon.
a) would be voted b) will be voted c) would vote d) is voted
14. By this time next year, he ..................... his prison sentence.
a) would have served b) will have served c) will
serve d) is serving
15. The criminal ....................... to trial if there is enough evidence
against him.
a) would be brought b) will have been brought c) will be
brought d) was brought
Unit 8-Institutions of the Community-Legal Collocations
Institutions of the Community
Section 4 – The Court of Justice
Article 170
A Member State which considers that another Member State has failed to fulfil an
obligation under this Treaty may bring the matter before the Court of Justice.
Before a Member State brings an action against another Member State for an
alleged infringement of an obligation under this Treaty, it shall bring the matter
before the Commission.
The Commission shall deliver a reasoned opinion after each of the States
concerned has been given the opportunity to submit its own case and its
observations on the other party’s case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date
on which the matter was brought before it, the absence of such opinion shall not
prevent the matter from being brought before the Court of Justice.
Article 171
1. If the Court of Justice finds that a Member State has failed to fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgement of the Court of Justice.
2. If the Commission considers that the Member State concerned has not taken such measures it shall, after giving that State the opportunity to submit its observations, issues a reasoned opinion specifying the points on which the Member State concerned has not complied with the judgement of the Court of Justice. If the Member State concerned fails to take the necessary measures to
comply with the Court’s judgement within the time-limit laid down by the
Commission, the latter may bring the case before the Court of Justice. In so
doing it shall specify the amount of the lump sum or penalty payment to be
paid by the Member State concerned which it considers appropriate in the
circumstances.
If the Court of Justice finds that the Member State concerned has not
complied with its judgement it may impose a lump sum or penalty payment
on it.
This procedure shall be without prejudice to Article 170.
(Blackstone’s EC Legislation, Edited by Nigel G.
Foster)
I. Match the new expressions (from the text above) in column A with their
Romanian equivalents in column B:
A B
1. to fulfil an obligation = a. a nu prejudicia
2. to bring a matter before = b. a împiedica/a nu permite
3. to bring an action against sb. = c. a prevedea/stabili/specifica
4. an alleged infringement of an
obligation =
d. a îndeplini o obligaţie
5. to deliver a reasoned opinion = e. a impune o plată forfetară sau o
amendă
6. to be given the opportunity = f. a se conforma/a respecta
7. to submit a case to = g. a supune o problemă atenţiei
8. to prevent smth. from + v-ing = h. a transmite o opinie întemeiată
9. to comply with = i. a intenta un proces cuiva
10. to lay (laid, laid) down = j. a supune un caz spre examinare
11. to impose a lump sum or a penalty
payment =
k. o presupusă încălcare/violare a unei
obligaţii
12. to be without prejudice to = l. a i se da şansa
II. Complete the following sentences with logical and correct phrases; the first
one has been done for you:
Example: If he refuses to fulfil his obligation, he ………………………………..
If he refuses to fulfil his obligation, he will have to be fired
immediately.
1. I think that you …………………………………. before bringing this matter before the Court of justice.
2. If my neighbour ……………………………………………, I shall bring an action against him.
3. The infringement of copy-right ………………………………………….. .
4. After hearing his reasoned opinion, we…………………………………………………
5. All I need is to be given the opportunity to ……………………………………………
6. What ……………………………………………. in order to submit this case to your commission?
7. The new legislation prevented him from ……………………………………………….
8. You have to ……………………………………….. to comply with the second clause in our contract.
9. According to article 170, laid down by the …………………………………………….
10. Which is the heaviest penalty that …………………………………………………….
11. Make sure that you respect the law, without any prejudice to ……………………….
III. Form collocations (regular combinations of words) by filling in the following
collocational grids; check the correctness of collocations using a legal dictionary:
breach (of) = infracţiune, violare, încălcare (a unei convenţii)
violation (of) = violare, abuz, încălcare, contravenire (la o regulă)
infringement of = infracţiune, violare, abuz, încălcare, reproducere ilicită
to break = a încălca (legea), a nu respecta
contract copy-
right
a
treaty
(the) peace trust sb’s
privacy
promise
breach of
violation of
infringement
of
to break
(a/an)
the
highway
code
law human
rights
patent
s
confidence sb’s
liberty
protocol
breach of
violation of
infringement
of
to break
(a/an)
IV. Choose from the collocations in exercise III. the English equivalents for the
following and then use them in your own sentences:
abuz de încredere = ________________
încălcarea ordinii publice = ________________
violarea secretului = __________________
reproducere ilicită a dreptului de autor = _____________________________
reproducere ilicită de brevete = _______________________________
Unit 9-Institutions of the Community-Modal Verbs
Choose the correct version, looking the new words up in the Glossary:
1. The woman sitting in the witness ............ will certainly commit perjury.
a) box b) stand c) seat d) bench
2. A .............. will be appointed to investigate the violent and suspicious death of
the teenager.
a) prosecutor b) doctor c) coroner d) judge
3. He was caught ..................... stealing money from the cash-box.
a) red-handed b) heavy-handed c) light-fingered d) heavy-set
4. You can’t have burgled the house alone, so who was your ............... ?
a) ally b) accomplice c) assistant d) associate
5. Wilkinson is alleged to have ................... a number of serious crimes.
a) done b) made c) committed d) discharged
6. ‘I object, Your Honour, the lawyer is ................. the witness!’
a) harassing b) intimidating c) offending d) leading
7. The man jumped out of the window and committed ................
a) death b) homicide c) murder d) suicide
8. The police said there was no sign of a .......... entry even though the house
had been burgled.
a) broken b) burst c) forced d) smashed
9. He was placed ............ house arrest for his own safety.
a) on b) in c) under d) within
10. Is the defendant going to ............ guilty or not guilty?
a) plead b) play c) appeal d) appear
11. Mr. Johnson was ............... fifty pounds for drinking and driving.
a) charged b) fined c) ordered d) penalized
12. As it was her first offence, the judge gave her a ............... sentence.
a) kind b) lenient c) severe d) tolerant
13. I ............... to say anything unless I am allowed to speak to my lawyer.
a) deny b) neglect c) refuse d) resist
14. The new harassment law comes into ............... on September 15.
a) force b) condition c) date d) power
15. He was charged .............. assault and battery and taken to prison.
a) of b) with c) on d) in
Choose the correct version, paying attention to the use of Modal Verbs:
1. Judges ............ never take bribe from the defendants.
a) should b) must c) can d) will
2. The window is broken; the intruder ............... tried to get into their bedroom.
a) can have b) should have c) would have d) must have
3. He was innocent! They ................. have taken him into custody!
a) shouldn’t b) mustn’t c) needn’t d) can’t
4. He ................ have committed the crime! He was immobilized in bed at that
time!
a) mustn’t b) couldn’t c) wouldn’t d) shouldn’t
5. I am sorry you didn’t ask for help; I ....................... introduced you to my lawyer.
a) can’t have b) must have c) could have d) was able
to
6.The legislation says that the judges ........................ immune from legal
proceedings.
a) shall be b) will be c) should be d) must be
7.A judge ................... of his office if he no longer fulfils the legal conditions.
a) can be deprive b) must deprive c) may be deprived d) may been
deprived
8. This procedure ........... be without prejudice to Article 170.
a) will b) shall c) must d) can
9. You ……………… submitted the case to a higher court! The verdict was in your
favour!
a) couldn’t have b) mustn’t have c) needn’t have d) may not
10.Any Member State .......... comply with the judgements of the European Court
of Justice.
a) shall b) must c) will d) have to
The main functions of Modal Verbs have been indicated in the box below.
Identify each function illustrated in the following sentences:
present /past ability inability possibility remote possibility
impossibility permission obligation absence of obligation necessity
prohibition logical assumption (affirmative) logical assumption (negative)
advice criticism requests offers suggestions regulations
Example:
The Court of Justice shall have jurisdiction in any dispute between Member States.
→ regulations
1. The parties to the proceedings may appeal to the Court of justice. → ____________
2. He couldn’t testify against an innocent man. → ______________ 3. I need to find a very good lawyer to get me out of prison. →
_______________ 4. He couldn’t have been convicted to capital punishment; he was just a
pickpocket. → _____________ 5. The Home Secretary must have advised the Queen on that important
matter. → ___________ 6. He should have asked for legal aid when he needed it. → _______________ 7. Can you tell me what papers I have to fill in ? → ________________ 8. You should bring him to trial before he commits more criminal acts. →
__________ 9. Shall I assist you in this matter? → _________________
10. We should all vote for or against this new provision. → _________________
11. May I be excused now ? → ________________ 12. He might have tried to bribe the judge, but I doubt it. →
________________ 13. Both parties have to respect the binding agreements of this contract. →
____________ 14. She can’t have broken her promise to give herself in. → _______________ 15. The young lawyer was able to come up with a new idea to rest his case. →
________ 16. The members of the jury don’t have to recess for deliberation if the verdict
is obvious. → _______________ 17. You mustn’t smoke in hospitals and airports. → _______________
Unit 10-Daily Telegraph I
I. Read the following texts and choose the corresponding headline for each
of them:
12 years for thief who left £7m IOU
Valentine killer given life in jail
Life sentence for double rapist
Pc faces jail for sex assaults
__________________________
A financial adviser who stole £10 million from 84 mainly elderly private
investors and the Halifax bank to feed his gambling habit was jailed for 12
years yesterday.
Graham Price, 58, of Llansamlet, near Swansea, an agent for the Halifax and a
consultant, was caught when the IOU for £7 million he had left in a safe was
found. He admitted 43 theft charges.
Swansea Crown Court was told that Price told detectives he believed he
needed one more week of gambling on horses to get the money back.
Note: IOU – (abbr of I owe you) = signed paper acknowledging that one owes the sum of money
stated
Crown Court = a court of criminal jurisdiction holding sessions in towns throughout England and
Wales at which circuit judges hear and determine cases
•
__________________________
A policeman who used his warrant card to lure women into his car so he could
sexually assault them was warned yesterday that he faced prison.
Amir Butt, 24, of Watford, offered a lift home to women who had been
drinking and become separated from their friends. He was found guilty on two
charges of sexual assault at Luton Crown Court and will be sentenced at a later
date.
Note: Pc – abbr of police constable (policeman)
•
__________________________
A former soldier became a rapist after service in the Gulf war changed his
personality, a court was told yesterday.
Lee Walker, 32, of Wythenshawe, Manchester, was jailed for life at Minshull
Street Crown Court after pleading guilty to rape. He was sentenced to five
years for a second case of rape.
•
__________________________
A man who murdered his fiancée after a row over doing the laundry was told
yesterday that he would serve at least 16 years in prison.
Paul Dyson, 31, was given a life sentence for what a judge described as the
“unspeakably evil deed” of strangling Joanne Nelson, 22, on the eve of St
Valentine’s Day, in Hull.
He dumped her body 100 miles away before making tearful television appeals
for her to get in touch.
Hull Crown Court heard that Dyson slashed his wrists and wrote “sorry” in
blood on his cell wall three days ago.
Passing sentence, Judge Tom Cracknell told Dyson: “You executed a well
thought-out plan without pity, except self pity, without remorse.”
The judge said the television appeal was “breathtaking and nauseating
hypocrisy”, adding: “You led her family to think there might be some hope
when there was none.”
Miss Nelson’s body was found after 39 days.
(The Daily Telegraph, Wednesday, November
9, 2005)
II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them as in the following example:
Example: Lee Walker was sentenced to 12 years for two cases of rape. F
CORRECTION: Lee Walker was sentenced to five years for a second case of
rape.
1. Paul Dyson was given a life sentence for a double rape. __ 2. Amir Butt was a 24-year-old policeman who sexually assaulted women in
his car. __ 3. Graham Price stole £15 million from 84 mainly elderly private investors. __ 4. Lee Walker was a former soldier fighting in the Gulf war. __ 5. Paul Dyson committed suicide in prison, after he was convicted. __ 6. When brought before justice, Graham Price rejected all theft charges. __ 7. Amir Butt offered a lift home to women who left their office too late to
catch the bus. __ 8. Paul Dyson’s fiancée was called Joanne Nelson and was 22 yeards old. __ 9. Paul Dyson killed his fiancée on Christmas Eve, by stabbing her to death. __ 10. Graham Price had no connection whatsoever with the Halifax bank. __ 11. Paul Dyson appeared on TV and offered a generous ransom for his
fiancée’s possible kidnappers. __ 12. Amir Butt used his warrant card to lure women into his car. __ 13. Graham Price was caught when his IOU for £7 million was found in a safe.
__ 14. Judge Tom Cracknell congratulated Dyson on his well thought-out plan of
murdering his fiancée in cold blood. __ 15. Graham Price became a bank robber because he needed money for his
fiancée’s surgery. __
III. Pair-work: Take turns in answering your colleague’s questions by scanning
the texts for information:
1. Who was Graham Price and what was he charged with?
2. What jail sentence did Graham Price receive?
3. What did Graham Price need the stolen money for?
4. How old was Amir Butt and what did he do?
5. What was Amir Butt found guilty of?
6. How did Lee Walker plead when he stood trial?
7. What sentence did Lee Walker receive?
8. How did Paul Dyson dispose of his fiancée’s body?
9. How did Paul Dyson die?
10. When was Miss Nelson’s body found?
Remember the Passive Voice
IV. Read the chart below to see how the active to passive transformation
works for the main verbal tenses:
VERBAL TENSES ACTIVE VOICE PASSIVE VOICE
Present Tense Simple charge am/is/are charged
Present Tense
Continuous
is/are examining is/are being examined
Past Tense Simple sentenced was/were sentenced
Past Tense
Continuous
was/were interrogating was/were being interrogated
Present Perfect has/have found has/have been found
Past Perfect had released had been released
Future Tense Simple will/shall include will/shall be included
Future Perfect will/shall have admitted will/shall have been admitted
Conditional would reject would be rejected
Perfect Conditional would have arrested would have been arrested
Gerund practising being practised
Long Infinitive to convict to be convicted
Perfect Infinitive to have committed to have been committed
V. Put the verbs in brackets into the passive voice of the tense indicated:
Example: A value added tax (VAT) rate of 25 per cent ....................... (apply – Past
Tense Simple) to wine in Belgium.
A value added tax (VAT) rate of 25 per cent was applied to wine in Belgium.
1. This case …………………. (decide – Present Perfect) against Belgium. 2. The notion of protection ………………… (illustrate – Future Tense Simple) in
the next paragraph. 3. A charge that ……………. (catch – Present Tense Simple) by Article 12 is
unlawful. 4. The matter ……………. (judge – Past Tense Simple) in the light of Article 95.
5. The repayment to an exporter of a sum exceeding the internal duty ……………… (prohibit – Present Tense Simple) by Article 96.
6. Taxing exports at a lower rate than domestic products ………………. (consider – Present Perfect) a discriminatory practice.
7. The terms of the contract ….. already………………… (discuss – Past Perfect) before the two parties signed it.
8. The main witnesses in the murder case ……… still …………………….. (hear – Past Tense Continous) by the judge when the politician made a press release.
9. The two diplomats ….. now ………………. (escort – Present Tense Continous) to the American Embassy.
10. Six bomb attacks seem …………………… (report – Perfect Infinitive) in London for the last 10 hours.
11. A new warning ……………………. (issue – Future Tense Simple) for the refugees to leave the camp immediately.
12. More funds ……………………. (allocate – Perfect Conditional) to the Ministry of Justice if the government had voted the new budget law.
VI. Change the following sentences from Active Voice into Passive Voice; the
underlined direct objects will become the subjects of the passive sentences:
Example:
This Article entitles the holder of intellectual property rights to financial
compensations.
The holder of intellectual property rights is entitled to financial compensations
by this Article.
1. They all considered that the Court of First Instance had used Article 86 improperly.
They all considered that Article 86 ……………………………… by …………………
2. The Court will take measures to reconcile the incompatibility of national property rights with the pursuit of economic integration.
Measures
…………………..............................................................................................
3. Smith Drug Pharmaceuticals had patented a drug called Negram under British law.
A drug called Negram .............................. under British law by ………………………
4. The Commission rejected this Article on the grounds of unjustified discrimination.
This Article …………….. by ………………………………………………………….
5. The members of the Jury were still deliberating upon the matter of reasonable doubt.
The matter of reasonable doubt …… still ………………………. by ……………………
6. The client has just dropped all charges against the advertising agency that did not respect its deadlines.
All charges ........................... ………………………………………………………………
7. Any lawyer grants the benefit of the doubt even to a hardened criminal. The benefit of the doubt ……………………………………………………………………
Even a hardened criminal …………………………………………………………………..
8. The Court dismissed your appeal due to lack of further evidence. Your appeal ………………………………………………………………………………...
9. The members of the family will definitely contest this will. This will ………………………………………… by …………………………………..
10. They wouldn’t have closed that controversial file if they had found at least one eye witness to testify.
That controversial file ……………………………… if at least one eye witness ………..
……………………………….
VII. Choose the correct version by paying attention to the use of Passive
Voice:
1. Many houses in this area …………… into by burglars. a) have been being broken b) have been broken c) are been broken
d) have being broken
2. A photofit picture of the wanted man ....................... last week. a) had been issued b) was issuing c) was issued d) has been issued
3. After the verdict ............................., the case ............................ by the judge.
a) had been pronounced, was dismissed b) will be pronounced, will be dismissed c) will have been pronounced, has been dismissed d) has being pronounced, will be dismissed
4. He ........ just ........................ with sexual assault on a six-year-old boy. a) was.....charged b) had......been charged c) has......been charged d) has
...... be charged
5. He ........................... to 100 hours of community work only because he was at his first offence.
a) have been sentenced b) was sentenced b) will be
sentenced d) had being sentenced
6. Before ........................ of breach of trust, the lawyer ....... also ....................... with perjury in a divorce case.
a) been accused, was ..... charged b) being accuse, has ..... been charged c) being accused, had .... been charged d) being accused, was .... been charged
7. Choose the correct passive form of the following active sentence: The Commission has just appointed the new President of the European Court of Justice.
a) The new President of the European Court of Justice had just been appointed by the Commission.
b) The new President has just been appointed by the European Court of Justice.
c) The Commission has just been appointed to vote the new President of the European Court of Justice.
d) The new President of the European Court of Justice has just been appointed by the Commission.
8. Choose the correct passive form of the following active sentence: The members of the European Parliament were still debating the issue of competition law at that point.
a) The issue of competition law was still debated at that point by the members of the European Parliament.
b) The issue of competition law was still debating at that point the members of the European Parliament.
c) The issue of competition law was still being debated at that point by the members of the European Parliament.
d) The members of the European Parliament were still being debated by the issue of competition law.
9. Choose the correct English translation for the following Romanian passive sentence: Nu s-a ajuns încă la nici o concluzie cu privire la noua lege a adopţiei.
a) No conclusion hasn’t yet been reached regarding the new adoption law. b) No conclusion has yet been reached regarding the new adoption law. c) No conclusion was reached yet regarding the new adoption law.
d) Yet, no conclusion is reached regarding the new adoption law.
Unit 11-Daily Telegraph II
Iraqi jailed over British aid worker killing
1. Life in prison for the abetter of Margaret Hassan’s kidnappers
C
An Iraqi man has been sentenced to life in prison in connection with the
murder of Margaret Hassan, the British aid worker abducted and killed in Iraq
in 2004. Mustafa Salman was charged with aiding and abetting the kidnappers.
Two other defendants in the case were freed.
2.
The judge said Salman had received a plastic bag from an associate who asked
him to hold on to it. Four months later Iraqi security forces raided Salman's
home and found Mrs Hassan's purse and documents in the bag.
3.
Today's sentence is the first handed down in connection with the abduction or
killing of a foreign-born civilian in Iraq. More than 200 foreigners and
thousands of Iraqis have been kidnapped since the US-led invasion in 2003,
and over 40 have been killed.
4.
Born in Dublin, 59-year-old Mrs Hassan had British, Irish and Iraqi nationality
and had lived in Iraq for 30 years with her Iraqi husband.The CARE
International head was taken hostage in October 2004 while travelling to work
in Baghdad. She appeared in a video appealing for the British forces to
withdraw from Iraq, but was killed just under a month later. Her body has
never been found, and no group has claimed responsibility for her death.
5.
Her family has implored Foreign Secretaries Jack Straw and Margaret Beckett,
as well as the Foreign Office, to question the suspects about the location of
Mrs Hassan's remains."They have refused this request even though this is the
only way that Margaret's remains will be found and we can bring her home to
be buried with the dignity she deserves," they said.
6.
Yesterday her family said that, during her captivity, the kidnappers made four
calls to her Iraqi husband Tahseen in Baghdad, demanding to speak to a
member of the British Embassy. But the British told him they would not speak
to the hostage-takers.The Foreign Office confirmed that Mrs Hassan's husband
was called from her phone by someone claiming to be holding her, but said
they had been unable to confirm the claims.
7.
Deidre, Geraldine, Kathryn and Michael Fitzsimons said in a statement
released yesterday: "We believe that the refusal by the British Government to
open a dialogue with the kidnappers cost our sister her life."
8.
During her kidnap, in which video recordings of her pleading for her life were
released, officials were keen to distance her from the British Government and
emphasise her charity work in Iraq. Our strategy was one of 'personalisation
and localisation', minimising the links between Mrs Hassan and the UK," a
Foreign Office spokesman said." We understand her family having criticisms of
the Government approach and we remain in regular contact with them."
(The Daily Telegraph, Monday, June 5,
2006)
I. Choose from A to H the sentence that best summarises each paragraph (1-
8) of the article above and insert them in the boxes preceding each
paragraph. The first one has been done for you:
A. Justice at work – the first sentence against an Iraqi hostage-taker
B. The British Embassy refuses any communication with Iraqi hostage-
takers.
C. Life in prison for the abetter of Margaret Hassan’s kidnappers
D. The British Government’s strategy of assuming political distance
E. Finding evidence against Mustafa Salman
F. Iraqi citizen killed due to her British nationality?
G. Margaret Hassan’s family blame the British Government for her death.
H. The British authorities fail to comfort the grieved family.
II. For questions 1-5, choose the answer (A, B, C or D) which you think fits
best according to the test; sometimes more than one option may be valid:
1. Why did Mustafa Salman keep Margaret Hassan’s purse and documents in
his house?
A. He wanted to ask Margaret’s family for a ransom.
B. The purse contained valuable possessions that he intended to sell.
C. Margaret Hassan’s purse and documents had been placed under his care.
D. Mustafa’s associates threatened to kill him if he didn’t take them.
2. Why was Margaret Hassan allowed to appear in a video?
A. Her appeals might have determined the British forces to withdraw from
Iraq.
B. The hostage-takers wanted to offer a proof of life to her family.
C. The hostage-takers wanted to negociate a ransom with the British
Government.
D. That was the last chance she had to save her life.
3. Why did the kidnappers make contact with her Iraqi husband?
A. They wanted to negociate the ransom for Margaret’s release.
B. They needed an intermediary to establish a contact with the British
Embassy.
C. They wanted Margaret’s family to put some pressure on the British
Government.
D. They wanted to put Margaret’s future execution down to the British
Government.
4. Why did the British Government refuse to open a dialogue with the
kidnappers?
A. The British Government no longer considered Margaret Hassan a British
citizen.
B. The British Government didn’t want to give in to an Iraqi technique of
political manipulation.
C. The British Government chose to distance itself from any acts of Iraqi
terrorism.
D. Opening a dialogue with the kidnappers meant withdrawing military
forces from Iraq.
5. Margaret’s family criticisms of the British Government approach were
directed at …
A. the British Government refusal to pay the ransom requested by the
kidnappers.
B. the British Government strategy of minimising the links between Mrs
Hassan and the UK.
C. the British Government refusal to open a dialogue with the kidnappers.
D. the British Government refusal to withdraw the military forces from Iraq.
III. Match the linking words/phrases in column A with their corresponding
parts in column B:
A B
1. According to the latest statistics,
…
a. … more measures will be taken in
convicting terrorists.
2. Due to the hard evidence found
in his house, …
b. to open dialogues with the
kidnappers of their citizens.
3. Up to a point, the kidnappers
seemed interested in …
c. … more than 200 foreigners and
thousands of Iraqis have been
kidnapped and over 40 killed since the
US-led invasion in 2003.
4. As a general rule, the
Government is not supposed …
d. … there should be some hidden
political agenda related to his/her
kidnapping.
5. Despite the fact that Margaret’s
appeals could have been her last, …
e. … Mustafa Salman could be taken
into police custody.
6. To put it briefly, … f. … the British Government didn’t take
any military or political action.
7. I am inclined to believe that from
now on, …
g. … but a terrorist way of negociating
military and political issues.
8. The hostage-takers didn’t obtain
what they wanted, consequently, …
h. … establishing a contact with the
British Embassy.
9. It is my firm belief that hostage-
taking is nothing …
i. … Margaret was another vitctim of
Iraqi terrorism.
10. That is to say, if a citizen of a
certain nationality is kidnapped, …
j. … they executed the useless hostage.
IV. Choose the correct preposition:
1.Terrorists resort ….. violence as a political weapon.
a) at b) to c) on d) into
2. The unknown foreigner carried …. a bombing in the centre of Paris.
a) out b) in c) round d) on
3. How should Governments deal …… terrorist attacks?
a) on b) without c) with d) about
4. The Iraqi citizen had been suspected …. many offences before.
a) about b) in c) with d) of
5. Who was held responsible …. the journalist’s death?
a) for b) of c) about d) on
6. The home-made bomb may have been destined ….. the recruits.
a) to b) for c) at d) upon
7. The Palestinian blew himself …. in a crowded bus.
a) out b) in c) up d) against
8. The terrorist attack coincided ….. an important religious celebration.
a) with b) to c) on d) into
9. The attack, attributed …. a new terrorist group, had many casulties.
a) with b) on c) to d) up to
10. How can the government prevent journalists …… endangering their lives?
a) for b) to c) against d) from
11. I am sure that this is one of the exceptions …… the rule.
a) of b) to c) from d) with
12. The Ministry of Defence has laid ….. strict procedures for this kind of
situation.
a) on b) down c) up d) out
13. Quite ……… from this problem, can such tests predict what the future holds
in store for us?
a) aside b) apart c) away d) out
14. I generally agree …. you, but I strongly object ….. your behaving so rudely.
a) to, to b) with, to b) to, at d) with, with
1. He pleaded guilty ….. manslaughter after trying to escape from police custody.
a) of b) to c) against d) for
2. The lorry belonged …. an ex-convict that rented land on Smiths Farm, in Northolt, west London.
a) with b) to c) of d) in
17. Both men were meant to be ……. surveillence at the time of the killing.
a) on b) above c) under d) below
18. Another person at the scene said that children were ……. the hostages
taken by the gunmen.
a) between b) among c) within d) inside
19. This prisoner is not ….. our jurisdiction. We have to call the district
authorities.
a) above b) below c) under d) on
20. He draws evidence for his claim ….. Court history.
a) from b) out of c) within d) with
Unit 12-Home Confinement
Home confinement
Arrested and charged with possession of a controlled substance with intent to
distribute, William, a 30-year-old man with a history of substance abuse, awaits his "day in court," which is 3 months away.
Meanwhile, William must remain at home, except for a few select activities.
During the week, he leaves the house for his job as a welder at precisely 7 a.m.
and returns home no later than 5 p.m. He attends the 7 p.m. meeting of
Narcotics Anonymous at the local library every Thursday. He grocery shops at
2 p.m. every Saturday and goes to church –always attending the 10 a.m. service – every Sunday.
William is not just on a rigid schedule, he is under home confinement. Instead
of sending him to jail, the court decided to release him to the community on the
condition that he remain at home except for certain approved activities. His
presence in his home and his absences from it are monitored electronically by an ankle bracelet he wears 24 hours a day.
A Supervision Tool
Home confinement is a tool that helps U.S. probation and pretrial services
officers supervise, or monitor, defendants and offenders in the community. In the federal courts, home confinement is not a sentence in and of itself but
may be a condition of either probation, parole, supervised release, or pretrial
release. A person placed under home confinement is confined to his or her
residence, usually linked to an electronic monitoring system, and required to
maintain a strict daily activity schedule. When the person is allowed to leave
home, and for what reasons, is determined case by case.
Home confinement's purpose depends on the phase of the criminal justice
process in which it is used. In all cases, it is a means to restrict a person's
activity and to protect the public from any threat the person may pose. In
pretrial cases, home confinement is an alternative to detention used to ensure
that defendants appear in court. In post-sentence cases, home confinement is
used as a punishment, viewed as more punitive than regular supervision but less
restrictive than imprisonment. Courts may use home confinement as a sanction
for persons who violate the conditions of their supervision. Also, the Federal
Bureau of Prisons may use it for inmates released to serve the last part of their
sentence under the supervision of U.S. probation officers.
Officers screen defendants and offenders to determine eligibility for the home
confinement program. Certain categories of serious or repeat offenders are not
allowed to participate. Prior criminal record, history of violence, and medical
and mental health conditions and needs are factors that officers carefully
consider. Previous failures on supervision, risk to the public that the person
presents, third-party risk (such as previous incidents of domestic violence in the
household), and the person's willingness to participate are considerations as
well.
Close supervision by officers is a crucial component of the home confinement
program. The officer's job is demanding, time consuming, and sometimes
dangerous. It requires frequent phone calls to make sure participants are
adhering to their approved schedules; frequent unannounced, face-to-face visits;
and 24-hour, 7-day response to alerts from the monitoring center.
I. Make sure you understand the meaning of the legal terms in column A
by matching them with their definitions in column B:
A B
1. probation a. The release of a person who has been arrested and
charged with a federal crime while he or she awaits trial;
a pretrial services officer supervises the person in the
community until he or she returns to court.
2. parole b. One of a number of people living together, especially
in a hospital, prison or some other institution.
3. supervised
release
c. The penalty laid down in a law for contravention of its
provisions.
4. pretrial release d. Custody or confinement, especially of a suspect
awaiting trial.
5. detention e. Instead of sending an individual to prison, the court
releases the person to the community and orders him or
her to complete a period of supervision monitored by a
U.S. probation officer and to abide by certain conditions.
6. sanction f. A term of supervision served after a person is released
from prison; it does not replace a portion of the sentence
of imprisonment but is in addition to the time spent in
prison.
7. inmate g. The release of a prisoner before his sentence has
expired, on the condition that he is of good behaviour.
II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them:
1. Community Service is a special condition imposed by the court that
requires an individual to work – without pay – for a civic or nonprofit
organization. ___
2. When a parolee is released to the community, he or she is no longer
placed under the supervision of a U.S. probation officer. ___
3. During the probation period, an individual is supervised by a
probation officer. ___
4. A supervised release replaces a certain portion of the sentence of
imprisonment. ___
5. In post-sentence cases, home confinement is seen as more punitive
than imprisonment. ___
6. A person who violates the conditions of his/her supervision may be
sanctioned to home confinement. ___
7. All categories of offenders are allowed to participate in the home
confinement program. ___
8. Home confinement may include the use of electronic monitoring
equipment. ___
9. The only cases when a person placed under home confinement is
allowed to leave home are work and medical appointments. ___
10. The judges determine if offenders are eligible for the home
confinement program. ___
III. From the verbs in column A, derive the corresponding nouns (column
B) and adjectives (column C), using the suffixes given:
A B C
Verbs Nouns: -ance, -ion, -ment,
-al, -er
Adjectives: -ed, -ing, -able,
-ive
1. to punish punishment, punisher punished, punishable,
punishing
2. to confine
3. to sentence
4. to release
5. to complete
6. to monitor
7. to possess
8. to select
9. to attend
10. to approve
11. to defend
12. to supervise
13. to restrict
14. to require
15. to consider
IV. Use the words given in capitals at the end of lines to form a word that
fits in the space in the same line; there is an example on the first line:
Electronic Monitoring
In most cases, U.S. probation and pretrial services officers use
electronic monitoring in supervising persons placed under
home
confinement. The individual wears a tamper-resistant
……………. on
the ankle or wrist 24 hours a day. The transmitter emits a
radio
……………… signal that is detected by a …………/dialer
unit
connected to the home phone. When the transmitter comes
MONITOR
TRANSMIT
FREQUENT
RECEIVE
CONSIDER
within range
of the receiver/dialer unit, that unit calls a monitoring center
to indicate
that the person is in range, or at home. The person must stay
within
150 feet of the receiving unit to be ……………… in range.
The
transmitter and the receiver/dialer unit work together to detect
and
report the times the person enters and exits his or her home.
V. Choose the correct plural form of the following nouns to complete the
sentence:
1. We need a negotiator to talk to the ………………. .
a) hostages-takers b) hostage-takers c) hostags-takers
2. Many ……………. have been issued this week.
a) search warrants b) searches warrants c) searchs warrants
3. The ……………… will be punished sooner or later.
a) laws-breakers b) lows-breakers c) law-breakers
4. The number of …………….. in our city has been doubled this year.
a) holds-ups b) hold-ups c) helds-ups
5. Two ………………….. have been accused of perjury.
a) woman-diplomats b) women-diplomats c) womans-diplomats
6. “My beloved …………………., your claims will soon be solved.”
a) fellow-citizens b) fellows-citizens c) felows-citizens
7. My ………………… have been charged with indecent exposure.
a) sisters-in-laws b) sister-in-law c) sisters-in-law
8. These ……………… are the result of hard work.
a) analysis b) analyses c) analises
9. Which are the ……………. used in this classification?
a) criterions b) criteria c) criterias
10. Which are the daily ……………… of a prisoner?
a) activityes b) activitis c) activities
VI. Combine the words from column A with words from column B to form
compound nouns and collocations:
trial offender
criminal lines
petit health
first lifting
death matters
community esteem
mental ship
guide courts
member exempt
probation slaughter
citizen jury
tax work
shop officer
self penalty
man state
Example:
1. trial courts
2. ___________________
3. ___________________
4. ___________________
5. ___________________
6. ___________________
7. ___________________
8. ___________________
9. ___________________
10. ___________________
11. ___________________
12. ___________________
13. ___________________
14. ___________________
15. ___________________