the u.s. & its legal system note de curs an ii, · pdf fileenglish-romanian dictionary of...

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Universitatea Spiru Haret Bucuresti

Facultatea de Stiinte Juridice si Stiinte Economice, Constanta

Departamentul Stiinte Juridice

LIMBA ENGLEZĂ 4

(Culegere de texte şi exerciţii)

THE U.S. & ITS LEGAL SYSTEM

NOTE DE CURS

AN II, SEMESTRUL II

Lector univ. dr. Anca Magiru

2017

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INTRODUCTION

A knowledge of the English and American legal systems is important for our full-time

law students at Spiru Haret School of Law and Economics, Constanţa. The coursebook, which is

a collection of authentic legal texts and also an anthology of grammar exercises, gathered and

compiled from different law textbooks and English grammar exercise books, provides an

introduction to the English and American legal systems and the means to develop the language

and analytical skills which form an essential part of the legal study. The book will be used for the

law students of Spiru Haret University and, therefore, the book is not for sale in book stores,

except Spiru Haret University book stores. The double purpose of this coursebook is: 1.to

provide factual knowledge by exploring legal texts, and 2.to develop the necessary language and

analytical skills for part-time law students of English to whom it specifically addresses.

Information is given on basic grammatical areas which arise from texts and on

vocabulary (word formation and use of legal vocabulary). Activities concentrate on reading,

writing and study skills with some work on oral functions. In gathering the texts for this

coursebook, the author took into account the requirements laid down in the Analytical Program

for the part-time law students at Spiru Haret University School of Law and Public

Administration.

The coursebook comprises 14 units each unit dealing with an individual subject. The

broad subject-matter of each unit is broken down into two parts to provide a structured approach

to the subject.

The factual content, in VOLUME ONE/THE FIRST YEAR OF STUDY, is presented

through extracts from authentic texts, in the Reading Section, which is followed by

comprehension questions and exercises included in the Assessment and/or Self-assessment Tests

Section. Part One introduces some general features of the English law and legal system which

will provide a background to the following topics: 1.The British Constitution and Government,

2.The British Legal System, 3.The English Criminal Courts, 4.The English Civil Cases, 5.The

Legal Professionals (I). Lawyers, 6.The Legal Professionals (II). Magistrates and Judges, 7.The

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

is followed by the Grammar Section containing a set of activities meant to brush up the students’

English grammar.

VOLUME TWO/THE SECOND YEAR OF STUDY is concerned with legal texts

about the American law and legal system. The Reading Section of this Part also introduces some

general features of the American law and legal system which will provide a background to the

following topics: 1.The U.S. Constitution. The Role of the Constitution, 2.The U.S. Legal

System. The U.S. Legal Professionals, 3.The U.S. Department of Justice, 4.The U.S. Courts,

5.Trials Procedures, 6.Interrogations and Confessions. Miranda Warnings, 7.The Law and

the Civil Liberties.The Bill of Rights. This Section is followed by the Grammar Section

containing a set of activities meant to brush up the students’ English grammar, as well. Both

PARTS, as far as grammar is concerned, focus on tenses, modal verbs, moods, conditionals,

passive voice, in short, a revision of the English verb.

The book also contains a list of irregular verbs, a list of language notes, grammatical

terms, and vocabulary, and the bibliography used.

The author hopes that her effort to have this coursebook published will be fully

appreciated and successfully used by the part-time students who really take an interest in English

for Law.

The Objectives of the Coursebook

The main objectives of this coursebook are:

1.to provide factual knowledge by exploring authentic legal texts;

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2.to develop the necessary language and analytical skills for part-time law students of English to

whom it specifically addresses;

3.to improve their grammar, expand their vocabulary, refine their pronunciation;

4.to help students to speak naturally.

The Competences of the Coursebok

At the end of this coursebook, the students will be able to develop their abilities and practical skills in English. They

are expected:

1. to use correctly the English verb (tenses, moods, voice, modal verbs), in writing and speaking;

2.to apply grammar rules and notions to ensure the correctness of speaking, writing, translating, explaining;

3.to understand the English and American legal content;

4. to understand the language content;

5.to get familiar with all the topics discussed;

6.to read, translate, comment on different types of legal documents.

7.to get familiar with the basic history of the U.S.A., the U.K.; to learn more about their cultures, lives and civilizations.

Means and Teachings Aids

The main working instrument will be the coursebook. The author would like to mention that the following

means and teaching aids are not only necessary but compulsory. There follows two lists:

1. a list of compulsory materials for students such as: an English-English law dictionary, a Romanian-English,

English-Romanian dictionary of law terms, the Romanian Constitution, a PC/laptop; Constantin Paidos, Gramatica

limbii engleze, Teorie şi practică, volumes I,II,III, Institutul European, Iaşi, 1995.

2.and a list of materials for instructors, such as: laptop, internet, the flags of the U.S.A., of the U.K., and of

Romania, the Constitution of the U.S.A., some British constitutional texts, the Holy Bible, books on American and

British law, life, culture, civilization; American and British newspapers containing articles on different types of crimes;

books containing American and English case studies, real and hypothetical; the maps of U.S.A. and of the U.K.; books

containig humouristic articles on law and/or law quotations; detective short stories, films and documentaries on crimes.

The Structure of the Coursebook

The coursebook contains two parts, (corresponding to the first year of study, and respectively, to the second

year of study), and 7 learning units, each:

Part One: The U.K. and Its Legal System: Learning Unit # 1.

1st YEAR, SEMESTER I: THE BRITISH CONSTITUTION AND

GOVERNMENT ( 8 classes) Learning Unit # 2. THE BRITISH LEGAL SYSTEM (8 classes) Learning Unit # 3. THE ENGLISH CRIMINAL COURTS (8 classes ) Learning Unit # 4. 1st YEAR: SEMESTER II

THE ENGLISH CIVIL CASES (8 classes) Learning Unit # 5. THE LEGAL PROFESSIONALS (I). LAWYERS (8

classes) Learning Unit # 6. THE LEGAL PROFESSIONALS (II) MAGISTRATES

AND JUDGES (8 classes) Learning Unit # 7. THE LEGAL PROFESSIONALS (III). CROWN

PROSECUTION SERVICE. TRIBUNALS. OMBUDSMEN (8 classes) (OPTIONAL)

Part Two: The U.S. and Its Legal System: Learning Unit # 1.

2nd YEAR: SEMESTER I THE U.S. CONSTITUTION. THE ROLE OF THE

CONSTITUTION (8 classes) Learning Unit # 2. THE U.S. LEGAL SYSTEM. THE U.S. LEGAL

PROFESSIONALS (8 classes) Learning Unit # 3. THE U.S. COURTS (8 classes) Learning Unit # 4. 2nd YEAR: SEMESTER II

THE U.S. DEPARTMENT OF JUSTICE (8 classes) Learning Unit # 5. TRIAL PROCEDURES (8 classes) Learning Unit # 6. INTERROGATIONS AND CONFESSIONS.

MIRANDA WARNINGS (8 classes) Learning Unit # 7. THE LAW AND THE CIVIL LIBERTIES. THE

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BILL OF RIGHTS (8 classes)(OPTIONAL)

Assignments

The students are given assignments after each Learning Unit. They are supposed to solve all the assessment

and self-assessment tests by themselves making use of the answer section and also write and present and/or

speak of the following topics after each Learning Unit, namely:

Part One/The First Year of Study

1.The Constitution of the U.K..The British Cabinet

2.Statute Law. Common Law. The European Union Law

3.Magistrates’ Courts. Crown Courts. Criminal Offences

4.The English Civil Cases. The English Civil Courts

5.The English Lawyers: a. Barristers; b.Solicitors; c. Paralegals

6.The English Magistrates.The English Judges

7.The Crown Prosecution Service (CPS). Tribunals. Ombudsmen

Part Two/The Second Year of Study

1.The U.S. Constitution. The Roel of the Constitution

2.The U.S. Judges. The U.S. Jury. The U.S. Attorneys

3.The Attorney General. The Solicitor General. FBI

4.The Federal Courts. The State Courts. The Supreme Courts

5.The Civil Trials. The Criminal Trials

6.Miranda Warnings

7.The Bill of Rights. The American Civil Liberties

Compulsory Bibliography

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

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

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

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

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

Universitara.

Optional Bibliography

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

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

Ed.Niculescu.

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

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

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

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

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

Historical Society, 2001;

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

si Pedagogica;

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

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

Lumina Lex.

Assessment Methods

The final examination is an electronic multiple choice test. The instructor will also take into account

the students’ seminar activities and also the assessments during the academic terms.

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

PART TWO/THE SECOND YEAR OF STUDY: THE U.S. AND ITS LEGAL SYSTEM

SEMESTER II

Learning Unit # 4

THE U.S. DEPARTMENT OF JUSTICE

4.1. Introduction

4.2. The Objectives and Competences of Learning Unit # 4 – time assigned

4.3. The Contents of Learning Unit # 4:

A.Reading Section: The U.S. Department of Justice

4.3.1.The U.S. Department of Justice

B.Grammar Section:Mood Revision

4.3.2.The Subjunctive Mood

4.4. Key Answer Guide for Self-assessment Activities

4.4.1.Compulsory Bibliography

4.4.2.Bibliographical References

Learning Unit # 5

CIVIL AND CRIMINAL TRIALS AND THEIR STAGES

5.1. Introduction



A.Reading Section: Trial Procedures

5.3.1. Trial Procedures

B.Grammar Section: Mood Revision

5.3.2.The Gerund




Learning Unit # 6

INTERROGATIONS AND CONFESSIONS. MIRANDA WARNINGS

6.1. Introduction



A.Reading Section: Interrogations and Confessions. Miranda Warnings

6.3.1.Interrogations and Confessions. Miranda Warnings

B.Grammar Section:Tense and Mood Revision

6.3.2.The Infinitive. Infinitives or Gerunds?




Learning Unit # 7 (OPTIONAL)

THE LAW AND THE CIVIL LIBERTIES. THE BILL OF RIGHTS

7.1. Introduction



A.Reading Section: The Law and the Civil Liberties. The Bill of Rights

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7.3.1 The Law and the Civil Liberties. The Bill of Rights

B.Grammar Section: Revision

7.3.2.The Sequence of Tenses




Answers for the Assessment and Self-assessment Tests

List of Irregular Verbs

Language notes, grammatical terms, legal vocabulary

Bibliography

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Learning Unit # 4

THE U.S. DEPARTMENT OF JUSTICE

Because the Spirit of the Lord fills the world,

And He who holds all things together knows what is said.

Therefore no one who speak unrighteous things

Will escape notice, nor will justice, when it cross-examines, pass him by. (The Wisdom of Solomon, 1:7,8)

„Duhul lui Dumnezeu umple lumea,

El cuprinde toate şi ştie orice şoaptă.

Pentru aceea, cel care grăieşte lucruri

Nedrepte nu poate să se ascundă şi dreptatea răzbunătoare nu-l uită.”

(Cartea Inţelepciunii lui Solomon, 1:7,8)

4.1. Introduction

4.2. The Objectives and Competences of Learning Unit # 3


A.READING SECTION: The U.S. Deaprtment of Justice

4.3.1. The U.S. Department of Justice

B.GRAMMAR SECTION: Mood Revision

4.3.2. The Subjunctive Mood

C.PRACTICE SECTION: 3.4.Key Answer Guide for Self-assessment Activities



4.1. Introduction

Attorney General. Definitions: 1.The chief lawyer in a state or

of the government in the U.S. (Longman Dictionary of Contemporary

English, (c.1995), Longman Dictionaries) 2.Senior United States

prosecutor in each federal district court. A cabinet member who

heads the Justice Department. (Champion, Dean J., Dictionary of

American Criminal Justice, Key Terms and Major Supreme Court Cases,

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

1998) CIA. Definitions: 1.The CIA. The Central/Criminal

Intelligence Agency; the department of U.S. government that collects

information about other countries, especially secretly. (Longman

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

2.Under the National Security Act of 1947, an organization created to

investigate matters of national security. (Champion, Dean J., Dictionary

of American Criminal Justice, Key Terms and Major Supreme Court Cases,

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

1998) FBI. Definitions: 1.Federal Bureau of Investigation; the police

department in the U.S. that is controlled by the central government,

and is concerned with crimes in more than one state. (Longman

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

2.Federal Bureau of Investigation (FBI). Established in 1908 through

Department of Justice Appropriation Act as department’s

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enforcement arm. Investigative agency that enforces all federal

criminal laws and compiles information for the Uniform Crime

Reports annually. Maintains extensive files on criminals. Assists

other law agencies. Initials also stand for fidelity, bravery and

integrity. (Champion, Dean J., Dictionary of American Criminal Justice,

Key Terms and Major Supreme Court Cases, Minot State University, Fitzroy

Dearborn Publishers, Chicago, London, 1998) Solicitor General. The government law officer next in rank

below the Attorney General. (Longman Dictionary of Contemporary

English, (c.1995), Longman Dictionaries)


The Objectives of Learning Unit # 4:

O1 to understand the legal content: O1a.to study the importance of the Attorney General, the Solicitor

General, and the FBI

O1.b.to test the students’ legal knowledge

O2 to understand the language content:

O2a.:to revise the Subjunctive Mood

O2.b.to test the students’ grammar knowledge

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

The Competences of Learning Unit # 4:

C1. getting familiar with the importance of the Attorney General, the

Solicitor General, and the FBI;

C2. using correctly the tenses of the Subjunctive Mood in writing and

speaking; applying grammar rules and notions to ensure the correctness of

speaking, writing, translating;

C3. reading, translating, commenting different types of legal documents.

The time assigned for Unit # 3: 8 classes

4.3. The Contents of Learning Unit # 4

A.READING SECTION:

4.3.1.The U.S. Department of Justice

Read and learn the following language notes, grammatical terms

and vocabulary:

Attorney General = (US) Ministru al Justiţie; (US) Procuror

General; (UK) avocat al Coroanei/al statului

Appropriation Act = lege privind furturile, alocările de fonduri,

însuşiri, exproprieri

enforcement arm = unealta de punere în aplicare, de executare

CIA = Agenţia Centrală de Informaţii a S.U.A.

FBI = Biroul Federal de Investigaţii

chief = principal

law-enforcement officer = organ al puterii coercitive a statului

to request, -ed, -ed = (v) a cere, a ruga, a solicita

to pass,-ed, -ed = (v) (d, rezoluţii şi propuneri legislative) a vota, a

adopta, a promulga

emergency = (n) urgenţă

discretion = (n) libertate de acţiune/de a dispune, de a hotărî

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to enforce, -d, -d = (v ) a aplica (legea), a pune în vigoare

request = (n) rugăminte, cerere

elsewhere = altundeva, aiurea

Solicitor General = Procuror General adjunct; Ministru de Justiţie

adjunct

intelligence = (n) informaţii

to gather, -ed, -ed = (v) a strânge, a colecta, a aduna

to pertain, -ed, -ed = (v) a aparţine, a ţine de

kidnapper = (n) răpitor de persoane

robber = (n) hoţ, tâlhar

field work = muncă/activitate de teren

to pursue, -d, -d = (v) a urmări

counterfeiter = (n) falsificator

smuggler = (n) contrabandist

trader = (n) comerciant, negustor

dodger = (n) eludator al legii, evazionist fiscal

Read and translate the following text into Romanian:

The U.S. Department of Justice

The Attorney General

The Attorney General is the chief law-enforcement officer

in the United States. He represents the United States in legal matters

and gives advice and opinion when requested by the President or by

the executive department heads.

While the President has a special counsel, the While House

calls on the Attorney General for legal advice, particularly on bills

and resolutions passed in Congress. The President also calls on the

Attorney General for legal opinions concerning the exercising of

special emergency powers.

The Attorney General has a wide discretion about what

laws to enforce and about what actions he will regard as violations

of the law.

The Solicitor General

The Solicitor General is the second ranking officer of the

Department of Justice assuming the duties of the Attorney General

in his absence. He represents the Government in cases before the

Supreme Court, and at the request of the Attorney General, in cases

affecting the United States in state courts or elsewhere.

The Federal Bureau of Investigations (FBI)

The main unit of the Justice Department is the Federal

Bureau of Investigations (FBI). The Bureau is an intelligence

agency for the Justice Department, gathering information on

criminal matters which come within the jurisdiction of the

Department. The functions of the FBI include the investigation of

espionage, sabotage, and matters of pertaining to the internal

security of the United States. The FBI deals with kidnappers, bank

robbers and many others violators of Federal law, and is active in

counterespionage. It does the field work of investigating the loyalty

of Government employees. Other secret services pursue

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counterfeiters, smugglers, narcotic traders, income-tax dodgers. All

such persons, when caught are prosecuted in Federal courts by the

Department of Justice or the local United States attorneys under its

supervision. (Adapted from Our American Government, Wright Patman, New York,

1957)

B.GRAMMAR SECTION:

Mood Revision & Consolidation

10.3.2. THE SUBJUNCTIVE MOOD

The Subjunctive Mood is used to express a possible, an unreal or

an improbable action. It has two sense: Present and Past.

The Present Subjunctive is identical to the Short Infinitive.

e.g.: It is necessary that he (should) be/come/arrive there in time.

The verb to be use the form were with all pronouns and people.

Hypothetical and Unreal Tenses

1.WISHES

Uses and Examples

1.wishes about present states

e.g.: I wish I knew the answer to this question. (In this case, I do not

know the answer.)

They use the Past Tense Simple after wish.The time referred to is an

imaginary or unreal present.

e.g.: I wish I didn’t have so much work to do.

2.wishes about past events

e.g.: I wish I had gone to your party last week. (In this case, I did

not go.)

These wishes use the Past Perfect after wish.

The time referred to is past time.

3.wishes about future events: could, have to

Wishes using could refer to ability or to future ability.

e.g.:

1.I wish I could drive.

2.I wish June could meet me next week. (future time)

Wishes with have to can also refer to future time.

e.g.: I wish I didn’t have to get up early tomorrow.

4.wishes about future events:would (annoying habits)

These wishes use would after wish. They often take the form of a

complaint about a bad habit, or express regrets that the actions will

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go on and that there is nothing to be done to stop them.

e.g.: I wish Peter wouldn’t chew gum all the time.

There is very little difference in use between this kind of wish and

the wishes in 1.

e.g.: I wish the police would do something about this people.

2.IF ONLY

Uses and Examples

1.If only is used instead of wish to make emphatic wishes.

e.g.:

1.If only I knew the answer to this question!

2.If only I had gone to your party last week!

3.IT’S TIME

Uses and Examples

It’s time + for + pronoun/persons + long infinitive = it’s the proper

time to act, to do an action.

e.g.: It’s time for the children to go to bed. (It’s 10 p.m.)

It’s time + Past Tense = the action is already late.

e.g.: It’s time the children went to bed. (It’s 1 a.m.)

4.I’D RATHER / I PREFER (followed by a clause)

Uses and Examples

1.I’d rather is followed by past tenses. It expresses a personal

preference about actions.

e.g.: I’d rather you didn’t smoke in here.

2.I’d sooner works in the same way and has the same meaning.

Actually, I’d sooner we left now.

Both I’d rather and I’d sooner are used with normal tenses

when comparing nouns or phrases.

I’d rather be a translator than a teacher. (present)

I’d rather have lived in the Middle Ages than in present day society.

(past)

2.Notice the difference between a) where the subject of would

rather is also the subject of the action which follows and b) where

the person expressing the preference is not the subject of the action

which follows.

e.g.:

a) I’d rather stay in than go out.

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b) I’d rather you stayed in than went out.

3.I’d prefer can be used as part of a conditional 2 sentence. Note

that ‘prefer’ in this type of sentence has an object ‘it’.

I’d prefer it if you didn’t go. (past subjunctive)

I’d prefer tea to coffee.

I’d prefer you not to go. (long infinitive)

5.AS IF / AS THOUGH (ca şi cum, de parcă)

Uses and Examples

1.Real and unreal

The tense here depends on whether the comparison is true or unreal.

e.g.:

1.He acts as if he were in charge. (He isn’t in charge)

2.He acts as if he is in charge. (He is in charge)

The difference is clearer with obviously unreal comparisons.

e.g.: You look as if you had just seen a ghost!

6.FORMAL SUBJUNCTIVES

Uses and Examples

1.Insisting, demanding, etc.

After verbs such as demand, ask, order, command, insist, suggest,

require which involve an implied obligation, the subjunctive may

be used in formal style. This has only one form, that of the

infinitive, and there is no third person –s, or past form. The verb be

has be for all forms.

e.g.: They demanded that / he leave at once./ he be here on

Monday.

Formal usage

Should is used in more formal usage.

e.g.: They demanded that / he should leave at once / he should be

here on Monday.

2.The same applies after expressions such as:

It is necessary that he (should) leave at once.

it is necessary/ essential/ important that …

It is important that he (should) be here on Monday.

3.lest (ca sa nu) + should +affirmative verb

He hurried lest he should be late.

8.FORMULAIC SUBJUNCTIVE

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Uses and Examples:

These are fixed expressions all using subjunctive. Typical examples

are:

God save the Queen! Be that as it may…; Come what may … .

C.PRACTICE SECTION


The Synthesis of Learning Unit # 3 through Self-assessment Tests:

A.READING SECTION: 1.Self-assessment Test on Legal Knowledge. The U.S. Department of Justice.

Comprehension questions. Answer the following questions.

1.Who is the chief law-enforcement officer in the United States?

2.What does he give when requested by the President or by the executive department heads?

3.Why does the President call on the Attorney General?

4.Who is the second ranking officer of the Department of Justice?

5.What is the main unit of the Justice Department?

6.What information does the Bureau gather?

B.GRAMMAR SECTION

Mood Revision. The Subjunctive Mood

Activity 1. Work on the model:

It’s a pity she does not know the answer to the question.

I wish she knew the answer to the question.

WISH + PAST TENSE SUBJUNCTIVE = A SYMULTANEOUS ACTION

1. It’s a pity the children are not at home. 2. It’s a pity she does not speak English. 3. It’s a pity

you are late for school every morning. 4. It’s a pity I don’t understand them. 5. It’s a pity George

comes home so late. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze,

Teorie şi practică, vol. I, Iaşi: Institutul European)

Activity 2. Rephrase the sentences below so as to use the Subjunctive after the verb wish. Work

on the models. Model: I am sorry you don’t live in this town.

I wish you lived in this town.

I regret she doesn’t have any brothers.

I wish she had some brothers.

1. I am sorry you don’t like this book. 2. I regret my car makes so much noise. 3. I regret your

sister is ill. 4. I am sorry Jack does not want to come with us. 5. I’m sorry Ti does not catch any

fish. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică,

vol. I, Iaşi: Institutul European)

Activity 3. Work on the model: Model: She didn’t accept my advice.

I wish she had accepted my advice.

WISH + PAST PERFECT SUBJUNCTIVE = AN ANTERIOR/A PREVIOUS ACTION

1. You failed the exam. 2. She didn’t meet Mr. Brown. 3. They didn’t take any money with them.

4. Albert didn’t bring his textbook to school. 5. I didn’t know how to do this exercise. (Adapted

and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi:

Institutul European)

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Activity 4. Replace the Accusative + Infinitive constructions by wish + would, according to

the models. Model: I want her to come here.

I wish she would come here.

They wanted us to help them.

They wished we would help them.

WISH + WOULD (FUTURE-IN-THE-PAST TENSE) = POSTERIOR ACTION (THERE ARE NO

MANY CHANCES FOR THE ACTIONS / WISHES TO BE FULFILLED)

1. Father wants me to get good marks. 2. I want them to understand me. 3. Mary wanted the

publisher to accept the manuscript. 4. You want your parents to repair your car. 5. The children

wanted their grandmother to stay with them that day. (Adapted and abridged from Paidos, Constantin,

(1995), Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

Activity 5. Work on the model: Model: We go school six days a week. (five days)

I wish we went to school five days a week.

He bought an old car. (new)

I wish he had bought a new car.

1. You know how to speak Italian. ( Spanish, too). 2. He painted the walls blue. ( white) 3.My

application for that job was rejected. ( accepted) 4. She seldom goes to the theater. ( more often).

5. My father drinks very much coffee. ( less). (Adapted and abridged from Paidos, Constantin, (1995),

Gramatica limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

Activity 6. Translate the following sentences into English using wish + Subjunctive.

1. Aş dori să pot să o ajut pe sora ta. 2. Aş dori să ştiu unde locuieşte. 3. Aş dori să fiu milionar.

4. Aş dori să nu se mai repete acest lucru. 5. Aş fi dorit să fiu anunţat de acest lucru în prealabil.

6. Profesorul ar fi dorit ca noi să nu fi făcut atât de multe greşeli în lucrare. 7. Mary ar dori să fie

la mare acum. 8. Aş dori să fi avut bani să cumpăr tabloul. (Adapted and abridged from Paidos,

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

Activity 7. Use the Past Subjunctive or the Past Perfect Subjunctive after as if/as though

according to the meaning.

1. Liza speaks English as though she (to be) an English girl. 2. They looked as if they (to see) a

ghost. 3. You acted as though you (not to know) anything about your new neighbor. 4. The

village looks as though nobody (to live) in it. 5. Our guest behaves as if he (to be) one of our

family. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi

practică, vol. I, Iaşi: Institutul European)

Activity 8. Translate into Romanian the following sentences containing as though/as if.

1. You look as if you had seen something terrible. 2. She acts as if she were a specialist. 3. He felt

as if his head had been on fire. 4. The children looked as if they had seen a dragon. 5. It is as if

something had happened here. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica

limbii engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

Activity 9. Translate into English.

1. Se comportă ca şi cum ar fi stăpânul casei. 2. Mary arăta ca şi cum ar fi bolnavă. 3. Te plimbi

ca şi cum nu ai avea ore astăzi. 4. Imi pui aceste întrebări ca şi cum m-ai vedea pentru prima dată.

5. Miroase în casă ca şi cum am fi într-o farmacie. 6. Te uiţi la mine ca şi când n-ai şti despre cine

vorbim. 7. Mă simt ca şi cum toată lumea s-ar uita la mine. 8. Femeia merse mai departe ca şi

cum nu l-ar fi observat pe cel care o urmărea. 9. Andrew păşeşte ca şi cum l-ar durea piciorul. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi practică, vol.

I, Iaşi: Institutul European)

15

Activity 10. Use Past or Perfect Subjunctive after even if/even though (chiar dacă) according

to the meaning.

1. I wouldn’t do that even if she (to give) me a lot of money. 2. Even though they (to lend) him

their new dictionary, he couldn’t have translated such a difficult text. 3. Even if someone (to be)

to leave me 10,000 pounds, I would not be able to fulfill my lifelong ambition. 4. He wouldn’t

have acted differently even if he (to know) the real situation. 5. Angela wouldn’t marry this man

even though he (to be) rich. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii

engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

Keywords to be remembered: Attorney General, CIA, FBI, Solicitor General, hypothetical

tenses, unreal tenses

Comprehension Check:

Activity 1. Replace can’t + Present Infinitive by it’s impossible/unbelievable/improbable +

subject + should + Present Infinitive (come, be, go) or Perfect Infinitive (have come, have

been, have gone) according to the model.

Model: 1.He can’t say that. It’s impossible (that) he should say that.

2.They can’t have missed the train. It’s impossible (that) they should have missed the train.

1.Tommy can’t be at school now. 2.The children can’t have broken that window. 3.You can’t

make such a mistake. 4.She can’t have lied to you. 5.They can’t have finished all the exercises.

(Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze, Teorie şi

practică, vol. I, Iaşi: Institutul European)

Remember!

After:

It is

necessary/important/natural/advisable/surprising/unbelievable/starnge/impossible/unusual/inconceivable

We use should + present infinitive or perfect infinitive in British English; in American English, we omit

should.e.g.: 1.It is impossible the he should say that. B.E. 2.It is impossible that he say that. Am.E.

Activity 2. Translate the following sentences containing subjunctives with should into

Romanian. 1.He didn’t switch on the light lest his wife should wake up. 2.Do you consider it

right that these people should be treated like that? 3.They were surprised that you should have

been seen there at that time. 4.She left orders that it should be changed at once. 5.It is

inconceivable that she should not have known anything about it. (Adapted and abridged from Paidos,

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

Activity 3.Translate the following sentences into English using should + Infinitive. 1. A cerut

să i se dea o altă cameră. 2. Ei au solicitat să-l vadă pe director. 3. I-am sugerat să încerce o altă

pereche de pantofi. 4. Le-am propus să aştepte acolo o jumătate de oră. 5. Am sfătuit-o să ia toate medicamentele. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze,


Activity 4.Translate the following sentences into English using lest + should.1. Aminteşte-i de

carte diseară ca să nu o uite din nou. 2.Vorbeam în şoaptă ca să nu ne audă profesorul. 3.Trebuie

să vă grăbiţi ca să nu pierdeţi avionul. 4. Inchide uşa ca să nu staţi în curent. 5.Nu te mişca să nu ne observe câinele. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii engleze,


Topics for presentation:

16

1.The Attorney General.

2.FBI.

3.The Solicitor General.

Assessment and Self-assessment Tests

Activity 1.Translate the following sentences containing subjunctives into Romanian. Use a

dictionary if necessary. 1.This man, be it known, did his best to help her. 2.Be that as it may, I’ll try to speak to him. 3.Far be it

from me, I didn’t want to hurt her. 4.May all your dreams come true! 5.You urge that she start learning

English. 6.This thing, if her news be true, is very promising. 7.I wish he hadn’t made so many mistakes.

8.She insists that everybody should bring the dictionaries to school. 9.They look as if they were ill. 10. It is

important that she arrive there before noon. 11.It is high time they told us the truth. 12.That she should have

behaved like that, astounds us. 13.I would rather he didn’t notice my absence. 14.I gave orders that the

prisoner should be set free at once. 15.I wish she spoke Italian more fluently. 16.No matter how difficult a

problem might be, you should try to solve it. 17. It is scandalous that they should be treated like that. 18.It

is shocking that some people should live in such houses. 19.It is inconceivable that they shouldn’t have

discovered her absence. 20.Even though you had brought her that medicine, it would not have been of

much help to her.

Activity 2. Read the translation of the sentences above and compare it to your translation.

Notice the similarities, differences, mistakes, if any.1.Acest om, să se ştie, a făcut tot posibilul să o ajute. 2.Fie ce-o fi, voi încerca să vorbesc cu el. 3.Departe de mine (găndul), n-am vrut să o jignesc. 4.Să

ţi se împlinească toate visele!. 5.Tu o îndemni să se apuce să înveţe englezeşte. 6.Acest lucru, dacă veştile

sunt adevărate, este foarte promiţător. 7.Aş dori ca el să nu fi făcut atât de multe greşeli. 8.Ea insistă ca toţi

şă-şi aducă dicţionarele la şcoală. 9.Ei arată ca şi cum ar fi bolnavi. 10.Este important ca ea să ajungă acolo

înainte de amiază. 11.E timpul ca ei să ne spună adevărul. 12.Că ea s-a comportat astfel, ne surprinde!

13.Aş dori ca el să nu observe absenţa mea. 14.Am dat ordin ca prizonierul să fie eliberat imediat. 15.Aş

dori ca ea să vorbească italiana mai fluent. 16.Oricât de dificilă ar fi o problemă, trebuie să încerci să o

rezolvi. 17.E scandalos ca ei să fie trataţi astfel. 18.E şocant ca unii oameni să locuiască în astfel de case.

19.E de neconceput ca ei să nu-i fi observat absenţa. 20.Chiar dacă i-ai fi adus acel medicament, nu cred că

i-ar fi fost de prea mare ajutor. (Adapted and abridged from Paidos, Constantin, (1995), Gramatica limbii

engleze, Teorie şi practică, vol. I, Iaşi: Institutul European)

REVISION I

Learning Unit # 3: THE U.S. DEPARTMENT OF JUSTICE

Circle the correct answer. Only one answer is correct.

1. What is the main unit of the U.S. Department of Justice?

a. The Federal Bureau of Investigations (F.B.I.)

b. Spiru Haret University

c. Delaware University


2. What information does the F.B.I. gather?

a. It gathers information on Spiru Haret University’s students.

b. It gathers information on criminal matters.

c. It gathers information on St. Mary’s University School of Law’s students.


3. What do the initials “F.B.I.” also stand for?

a. They also stand for: Fred, Betty, Ina.

b. They also stand for: Ferdinand, Beatrice, Iris.

c. They also stand for: fidelity, bravery, integrity.

17


4. What is the meaning of the “C.I.A.” ?

a. The Central Intelligence Agency

b. The Central Interrogation Apartment

c. The Central Interview Association


5. Give the definition of the C.I.A..

a. The C.I.A. is the apartment of the U.S. government that collects pieces of furniture from other

countries, secretly.

b. The C.I.A. is the department of the U.S. government that collects information about other

countries, secretly.

c. The C.I.A. is the association of the U.S. government that collects information about the

Russians, secretly.


6. What kind of matters does the C.I.A. investigate?

a.The C.I.A. investigates matters about the water supplies of the planet earth.

b.The C.I.A. investigates matters about the world ecological system.

c.The C.I.A. investigates matters about the U.S. national security.


7. Translate into Romanian: “The Department of Justice”.

a. Ministerul de Justiţie

b. Ministerul Educaţiei

c. Ministerul de Finanţe


8. Translate into Romanian: “Attorney General”.

a. Ministrul Educatiei

b. Ministrul de Justiţie

c. Ministrul de Finanţe


9. Translate into Romanian: “Solicitor General”.

a. Ministrul Educatiei

b. Ministru de Justiţie

c. Ministrul de Justiţie adjunct


10. It’s a pity the children are not at home.

a. I wish the children were at home.

b. I wish the children were at school.

c. I wish the children were at the seaside.


11. I am sorry you don’t like this book.

a. I wish you liked this novel.

b. I wish you liked this book.

c. I wish you liked this detective short-story.

18


12. You failed this exam.

a. I wish you hadn’t bought that car.

b. I wish you hadn’t come to the party.

c. I wish you hadn’t failed this exam.


13. We go to school six days a week. (five days)

a. I wish we went to school five days a week.

b. I wish we went to school three days a week.

c.I wish we went to school seven days a week.


14. He bought an old car. (new)

a. I wish he had bought an old bus.

b. I wish he had bought a new car.

c. I wish he bought a plane.


15. Aş dori să pot să o ajut pe sora ta.

a. I wish I could help your brother.

b. wish I could help Mary.

c. I wish I could help your sister.


16. Se comportă ca şi cum ar fi stăpânul casei.

a. He behaves as if he were the master of the house.

b. He behaves as if he were the U.S. Attorney General.

c. He behaves as if he were an agent of the C.I.A..


17. Trebuie să vă grăbiţi ca să nu pierdeţi avionul.

a. You must hurry lest you should miss the train.

b.You must hurry lest you should miss the plane.

c.You must hurry lest you should miss the bus.


18. E timpul ca ei să ne spună adevărul.

a. It’s high time they told us the whole story.

b. It’s high time they told us the truth and nothing but the truth.

c. It is high time they told us the truth.

ANSWERS :LEARNING UNIT #3: THE U.S. DEPARTMENT OF JUSTICE

3.4.Key Answer Guide for Self-assessment Activities

A.READING SECTION:

1.Self-assessment Test on Legal Knowledge. The U.S. Department of Justice1.The Attorney General. 2.He gives

advice and opinion. 3.For legal opinions concerning the exercising of special emergency powers. 4.The Solicitor

General. 5.The Federal Bureau of Investigations (FBI). 6.Criminal matters which come within the jurisdiction of the

Department.

B.GRAMMAR SECTION:

19

2.Self-assessment Tests on Grammar Knowledge:Activity 6. 1.I wish I could help your sister. 2.I wish I knew where

you lived. 3.I wish I were millionaire. 4.I wish this thing didn’t happen any longer. 5.I wish I were informed

beforehand. 6.The teacher wished we hadn’t made so many mistakes. 7. Mary wishes she were at the seaside now. 8.I

wish I had had the money to buy that painting. Activity 7. 1.were.2.had seen; 3.had known; 4.lived; 5.were; Activity

8.1.Arăţi ca şi cum ai fi văzut ceva groaznic. 2.Ea acţionează ca şi cum ar fi expertă. 3.Se simţea ca şi cum i-ar fi luat

capul foc. 4.Copiii arătau ca şi când ar fi văzut un balaur. 5.E ca şi cum s-ar fi întămplat ceva aici. Activity 9.1.He

behaves as if he were the master of the house. 2.Mary looked as if she were ill. 3.You are walking as if you didn’t have

classes today. 4.You are asking me these questions as if you saw me for the first time. 5.In the house, it smells as if we

were in a pharmacy. 6.You are looking at me as if you didn’t know whom I was speaking about. 7.I feel as if

everybody were looking at me. 8.The woman kept on walking as if she hadn’t noticed the one/the man who was

following her. 9. Andrew walks as if his leg ached. Activity 10. 1.gave; 2.had lent; 3.were; 4.had known; 5.were

Comprehension Check:Activity 2.1.El nu a aprins lumina ca să nu o trezească pe soţia sa. 2.Consideri corect ca aceşti

oameni să fie trataţi astfel? 3.Ei au fost surprinşi că tu ai fost văzut acolo la ora aceea. 4.Ea lăsat ordin ca acel lucru să

fie schimbat imediat. 5.E de neconceput să nu fi ştiut nimic despre asta. Activity 3. 1.He demanded that he should be

given another room. 2.They required that they should see the manager. 3.I suggested her that she should try another

pair of shoes. 4.I proposed that they should wait there for half an hour. 5.I advised her that she should take all the

medicine. Activity 4.1.Remind him about the book tonight lest he should forget it again. 2.We were speaking in a

whisper lest the teacher should hear us. 3.You must hurry lest you should miss the plane. 4.Close the door lest you

should stay in a draught. 5.Don’t move lest the dog should notice us.

4.4.1. Compulsory Bibliography






Universitara.




Ed.Niculescu.








si Pedagogica;



Lumina Lex.

4.4.2.Bibliographical References:

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

2.Champion, Dean J., Dictionary of American Criminal Justice, Key Terms and Major Supreme Court Cases, Minot

State University, Fitzroy Dearborn Publishers, Chicago, London, 1998;

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

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

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

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

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

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

Ed. Niculescu.

20

Learning Unit # 5

TRIAL PROCEDURES

For there shall be a close examination

into the deliberation of an ungodly man,

And a report of his words will come to the Lord

as proof of his lawlessness. (The Wisdom of Solomon, 1:9)

„Căci chibzuinţele nelegiuitului vor

fi cercetate şi zvonul vorbelor sale va

ajunge până la Domnul spre pedeapsa

strâmbătăţilor sale.”

(Cartea Inţelepciunii lui Solomon, 1:9)

5.1. Introduction



A.READING SECTION: Trial Procedures


B.GRAMMAR SECTION: Mood Revision

5.3.2. The Gerund

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



5.1. Introduction

Civil Courts. Tribunals that handle civil cases, as opposed to

criminal cases. Objectives of civil cases are to recover damages

(money), whereas object of criminal courts is to seek punishment of

imprisonment and/or fines and victim restitution.

Criminal Courts. Tribunals handling criminal cases. They

may also handle civil cases, and are then called criminal courts only

in reference to the criminal cases that they handle. (Champion, Dean, J.,

(1998), Dictionary of American Criminal Justice, Key Terms and Major

Supreme Court Cases, Minot State University, Fitzroy Dearborn Publishers,

Chicago, London)



O1 to understand the legal content:

O1a.to provide a short explanation of the stages in both civil and criminal

trials;

O1b. to test the students’ legal knowledge;


O2a.:to revise the forms and uses of the Gerund;

O2b. to test the students’ grammar knowledge;

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

and an English grammar book.

21


C1.getting familiar with the main stages of trials either civil or criminal;

C2.using correctly the Gerund forms in writing and speaking; applying

grammar rules and notions to ensure the correctness of speaking, writing,

translating;

C3.reading, translating, commenting different types of legal documents.



A.READING SECTION

Trial Procedures



and vocabulary:

opening argument/statement = declaraţie de deschidere a unui

proces

attorney = (n) (US) avocat

plaintiff = (n) reclamant, parte vătămată

counsel = (n) avocat pledant, consilier

criminal prosecution =urmărire penală, acuzare, acuzaţie,,

cercetare penală, proces penal

argument = (n) argument, controversă, pledoarie

overview = (n) prezentare de ansamblu a anchetei/cercetării

designated witness = martor numit/desemnat

documentary/concrete evidence = dovezi sub formă de înscrisuri;

probă scrisă

hostile witness = martor ostil/rău intenţionat, martor care depune

mărturie în defavoarea părţii care l-a propus

leading question = întrebare tendenţioasă care indică răspunsul

dorit; întrebare sugestivă/care sugerează un anumit răspuns adresată

unui martor

cross-examination = interogatoriu încrucişat; interogare a unui

martor de către partea adversă; questioning of one side’s witnesses

by the other side’s attorney, either the prosecution or defense

to cross-examine, -d, -d = (v) a supune unui interogatoriu

contradictoriu

to elicit,-ed,-ed = (v) a reuşi să obţină

testimony = (n) mărturie, depoziţie (scrisă), declaraţie

to rebut, rebutted, rebutted (v) = a refuza, a respinge ca nefondat,

a considera neîntemeiat, a dezaproba, a combate

direct examination (US) = examination-in-chief (UK) =

examinarea unui martor de către partea care l-a propus

delivery = (n) transmitere a verdictului

to pronounce (-d,-d) judgment = a pronunţa sentinţa/hotărârea, a

da un vedict

to hold (held, held) a sentencing hearing = a avea/ a deţine

22

sentinţa în urma audierii cazului

prosecutor = (n) procuror, acuzator, reclamant, partea care

acuză/care iniţiază procesul penal

evidence = (n) mărturie, probă orală, depoziţie, dovadă, evidenţă.

All materials or means admissable in a court of law to produce in

the minds of the court or jury a belief concerning the matter at

issue.

proof = (n) probă, dovadă

complaint = (n) plângere, reclamaţie; written statement of

essential facts constituting the offense alleged, made under oath

before a magistrate or other qualified judicial officer

statement of/ by defense(AM)/defence(BE) = întâmpinare

statement = (n) afirmaţie, declaraţie, depoziţie

defendant = (n) acuzat, inculpat, pârât; person against whom a

closing statement/argument = pledoaria finală a avocatului;

discurs de încheiere/final


Trial Procedures

Trials begin with opening arguments delivered by attorneys for both

sides, beginning with plaintiff’s counsel, which in the case of most

criminal prosecutions will be the government’s attorney, such as a

district attorney. These arguments present the judge and jury with

an overview of the evidence each side intends to present and of their

respective theory of the case. Plaintiff’s counsel then presents

his/her case. That starts with direct examination of the plaintiff’s

designated witnesses. Documentary or concrete evidence is

introduced in the course of direct examination. Each side is

permitted to ask open questions only of its own witnesses, unless

that witness proves to be hostile, in which case he/she may be asked

leading questions and even be cross-examined.

Cross-examination is generally reserved for counsel for the

opposing side, who can question each witness. The purpose of

cross-examination is to discredit the witness. If cross-examination

elicits testimony damaging to the party presenting its case, that

party may seek to rebut or clarify it through redirect examination of

the witness.

When the plaintiff has presented all its evidence, the defense

presents its case using the same process. After both sides have made

their cases to the judge, or to judge and jury, plaintiff’s counsel,

then defendant’s, delivers a closing statement summarizing his/her

client’s case. If it is a jury trial, the judge will then instruct the

jurors on the applicable law.

Juries deliberate, sometimes for weeks on end. If the trial is criminal

in nature, the verdict must be unanimous. Its delivery often is

followed by a long delay before the trial court pronounces judgment

23

and holds a sentencing hearing. (Adapted and abridged from Knappman, Edward, W., Editor,(c) 2003,

Great American Trials, Detroit:A New England Publishing Associates

Book)

B.GRAMMAR SECTION: Mood Revision:

12.3.2.THE GERUND

This form of the verb is used in the following cases:

1.After certain verbs: admit, anticipate, avoid, not bear,

contemplate, deny, dislike, escape, finish, justify, keep, mention,

mind, practise, resume, risk, tolerate, etc.

E.g.:They resumed discussing the provisions of Article 2 of the

Directive.

2.After prepositions (which may follow a noun, verb, verbal

phrase or adjective).

E.g.:

1.They haven’t succeeded in meeting EU’s environmental

standards. 2.Who is responsible for introducing the new social

policy?

3.The basic principles for building a single market were expressed

in the original version of the Treaty.

C.PRACTICE SECTION



A.READING SECTION:

1.Self-assessment Test on Legal Knowledge. Civil and Criminal Trials and Their Stages

Comprehension questions:

1.How do trials begin in the US?

2.Who deliver the opening arguments?

3.Do attorneys deliver opening arguments for both sides?

4.Who begins to deliver the opening arguments?

5.What does the plaintiff’s counsel present?

B.GRAMMAR SECTION:

Mood Revision

2.Self-assessment Test on Grammar Knowledge. The Gerund

Activity 1. Use the verbs in brackets in the Gerund.

1.They admitted (to be) rude. 2. You suggest (to play) chess. 3. She avoided (to mention) his

name. 4.They stopped (to talk) about that matter. 5.Jane risks (to lose) a large sum of money.

6.We delayed (to go) to the seaside. 7.Now we can remember (to see) them somewhere. 8. He

regretted (to say) such a thing. 9. I postponed (to meet) them. 10. Would you mind (to ring) me

up later? 11.They can’t help (to worry) about such events. 12. The two girls began (to sing).

Activity 2. Replace the Infinitive by the Gerund according to the model.

24

It is nice to swim in the sea.

Swimming in the sea is nice.

1.It is comfortable to sit by the fireside. 2.It is unpleasant to sleep on the floor. 3.It is difficult to

do such exercises. 4.It is illegal to drive without a license. 5.It is tiring to drive at night. 6.It is

dangerous to climb those rocks. 7.It is pleasant to travel by plane. 8.It is expensive to eat in

restaurants nowadays. 9.It is useful to learn English. 10. It is enjoyable to eat fresh fruit.

Activity 3. Make suggestions by using How about/What about + Gerund.

1.You want to see this film. 2.You want to play football. 3. You want to go to bed. 4.You want to

watch TV. 5.You want to visit this museum. 6.You want to buy some flowers. 7.You want to

swim in the river. 8.You want to make a snowman. 9.You want to ring her up. 10. You want to

tell them some jokes.

Activity 4. Make up formal requests by using Would you mind + Gerund.

1.Ask a policeman to show you the way to the bank. 2.Ask the professor to repeat the last

sentence. 3.Ask the guide to peak about the history of this statue. 4. Ask the driver to drive faster.

5.Ask the old lady to tell you the time. 6.Ask the passenger beside you to lend you his magazine.

Activity 5. Translate the following sentences into English using Can’t/ Couldn’t help +

Gerund.

1.Eram atât de flămânzi încât nu ne-am putut abţine să nu intrăm în cel mai apropiat restaurant.

2.Ea nu ne-a ascuns nimic niciodată aşa că nu puteam să nu-i spunem adevărul. 3.Mătuşa Hilda

nu se poate abţine să nu ne dea câteva sfaturi de câte ori vine aici. 4. El avea mare nevoie de bani

aşa că nu am putut să nu îi împrumut câţiva. 5.Când a văzut cum arătam, n-a putut să nu mă

întrebe ce mi s-a întâmplat. 6. Când am văzut cât de târziu este, nu am putut să nu îi închid cartea

fiului meu şi să nu îl trimit la culcare.

Activity 6. Join the sentences below using without + Gerund. Work on the model. Tom went for a walk. He didn’t tell mother about it.

Tom went for a walk without telling mother about it.

1.Mary left the shop. She didn’t buy anything. 2.We went home. We didn’t finish all the

exercises. 3.You started to speak. You didn’t ask for permission. 4.He bought tickets. He didn’t

know that the paly was postponed. 5.The boys ran two miles. They didn’t stop for a rest. 6. The

magician opened the box. He didn’t touch it. 7.The old man made for the door. He didn’t look at

us. 8.My neighbour entered the house. He didn’t ring the bell.

Activity 7. Answer the following questions with to look forward to + Gerund.

1.A former classmate of yours is going to pay you a visit. You will see him again. How do you

feel about this?

2.My friends are visiting London next week. How do they feel?

3.Alice has got a new bicycle. She hopes she will ride it soon. How does she feel?

4.You have new neighbours. Tomorrow you will meet them. How do you feel?

5.Jack is buying a new car soon. How does his wife feel?

6.Alec is happy because he will graduate from the faculty soon. How does he feel?

7.The boys are playing tennis next Saturday. How do they feel?

8.Mother has bought an interesting book. Lucy hopes to read it. How does she feel?

9.Grannies has not finished her cake yet. However, Liz hopes to taste it soon. How does she feel?

10.Helen has got a new book. Her brother wants to read it. How does he feel?

Activity 8. Put the following verbs into the Gerund and then translate the sentences into Romanian.

25

1.After (to read) that article, she gave up (to smoke). 2.Would you mind (to show) me your identity card?

3.Johnson started his speech by (to remind) us what the purpose of our meeting was. 4.It’s no use (to go)

for a walk at this time of night. 5.She remembers (to see) you somewhere. 6.Everybody knows that she

hates (to play) the piano, but she is fond of (to paint). 7.Why are you so furious at (to hear) the truth? 8.I

see that you don’t feel like (to work) today; what about (to go) for a walk? 9.It’s worth (to visit) the British

Museum as many times as possible. 10. They don’t allow (to smoke) in the library. 11.All the children are

looking forward to (to get) presents from Santa Claus. 12. I am absolutely sure that you will finally get used

to (to work) in such conditions. 13.Jane prefers (to see) films to (to read) books. 14.I don’t enjoy (to talk) to

this old man. 15.I don’t like (to spend) my whole holiday in the countryside. 16.On seeing us, the boy

stopped (to whistle) and started (to read) the book. 17.Thank you for (to come) here so early. 18.I can’t help

(to tell) my parents what I have seen there. (Activities from 1 to 8 are adapted and abridged from Paidos,

Constantin, (1995), Gramatica limbii engleze, volumul I, Iaşi: Institutul European)

Keywords to be remembered: civil trial, criminal trial, stages of trials, the gerund


Activity 1.

Answer the following questions:

1.What kind of evidence is introduced in the course of direct examination?

2.What happens if the witness is hostile?

3.For whom is cross-examination generally reserved?

4.What is the purpose of a cross-examination?

5.What will a judge do in a jury trial?

6.Who delivers the closing statement?

7.When must the verdict be unanimous?


1.Civil trials

2.Criminal trials


Activity 1.Translate the following sentences into English using the Gerund.

1.Nu are nici o scuză că a întârziat. 2.Mulţumesc că m-ai ajutat să găsesc acest hotel. 3.Aşteptăm cu

nerăbdare să-l reîntâlnim pe vechiul nostru prieten. 4.Faptul că ştie numele ei este surprinzător. 5.I-am cerut

scuze lui Alex pentru că l-am făcut să aştepte. 6.Bărbatul acela era acuzat că a furat poşeta bătrânei. 7.Ar

trebui să profiţi de faptul că lucrezi în acest laborator. 8.Ei au insistat să mă duc acolo în seara aceea. 9.Mă

interesează să aflu adevărul despre cele întâmplate în pădure. 10.Se gândeşte să participe totuşi la acest

concurs.

Activity 2. Use the Infinitive or the Gerund of the verbs in brackets.

1.We don’t wish (to reveal) our plans to you yet. 2.Has she finished (to read) the article yet? 3.Would you

mind (to open) that window? 4.Our friend plans (to spend) a few weeks abroad. 5.When Alice was little,

she enjoyed (to watch) cartoons. 6.They demanded (to see) our report immediately. 7.We avoided (to

mention) his name that evening. 8.She hopes (to visit) Paris soon. 9.The boy admitted (to know) the name

of that man. 10.His aunt always tends (to exaggerate) things. 11.Did Albert forget (to tell) you the news?

12.You seem (to understand) me now. 13.He doesn’t advise (to go) there today. 14.They would appreciate

(to receive) our reply this week. 15.The boys wanted to explain to us what had happened. 16.They didn’t

expect (to meet) us there. 17.She denied (to live) in that house. 18.Did they offer (to help) you? 19.You

should postpone (to visit) your friend. 20.We can’t stand (to hear) this man’s complaints again.

Activity 3. Translate the following sentences into English using either the Gerund or the Infinitive.

1.In cele din urmă, am renunţat să-l mai sun la telefon în ziua aceea. 2.Işi aminteşte că nu a stins lumina.

3.Sunteţi amabil să semnaţi aici? 4.Doctorul i-a recomandat să nu mai muncească atât de mult. 5.Mi-a

promis să nu întârzie mai mult de 10 minute. 6.Vrei să îmi aminteşti să o sun pe Jane la amiază? 7.Ea

preferă să se uite la televizor decât să asculte radioul. 8.Uneori elevii evită să se uite la profesor când nu

26

doresc să răspundă la o întrebare. 9.Am plecat la plimbare după ce am terminat de scris tema. 10. N-a

trebuit să folosesc cheis fiindcă uşa era deschisă.

REVISION II

LEARNING UNIT # 5

THE U.S. TRIAL PROCEDURES


1. How do trials begin in the U.S.A.?

a. The U.S.A. trials begin with opening arguments.

b. The U.S.A. trials begin with closing arguments.

c. The U.S.A. trials begin with Queen Elizabeth’s speech.


2. Who deliver the opening arguments in the United States?

a. Vincent and Jill planted trees in Scotland Yard’s back garden, yesterday.

b. Attorneys deliver the opening arguments in the United States.

c. Charles and Vicky do.


3. Do attorneys deliver opening arguments for both sides?

a. No, they do not walk in the park when raining.

b. No, they did not come late to their English classes for law students.

c. Yes, they do. Attorneys deliver opening arguments for both sides.


4. Who begins to deliver the opening argument?

a. The plaintiff’s counsel begins to deliver the opening argument.

b. Mary’s counsel begins to deliver the opening argument.

c. Peter’s counsel begins to deliver the opening argument.


5. What does the plaintiff’s counsel present?

a. The plaintiff’s counsel presents Mary’s case.

b. The plaintiff’s counsel presents his client’s case.

c. The plaintiff’s counsel presents Peter’s case.


6. What kind of evidence is introduced in the course of direct examination?

a. The witness is introduced to Mary Brown.

b. This criminal is introduced to the famous American attorney Clarence Darrow.

c. Documentary evidence is introduced in the course of direct examination.


7. During a trial, what happens if the witness is hostile?

a. If the witness is hostile, he may be asked leading questions and even be cross-examined.

b. If the witness is hostile, he may be asked what he liked to read.

c. If the witness is hostile, he may be allowed to smoke in the court room.


8. For whom is cross-examination generally reserved?

a. Cross-examination is generally reserved for Becky and Grace.

b. Cross-examination is generally reserved for the counsel of the opposing side.

c. Cross-examination is generally reserved for Peter and John.


9.What is the purpose of a cross-examination?

27

a. The purpose of a cross-examination is to discredit my parents.

b. The purpose of a cross-examination is to discredit brothers and sisters.

c. The purpose of a cross-examination is to discredit the witness.


10.What will a judge do in a jury trial?

a. In a jury trial, the judge will instruct the jurors on the applicable law.

b. In a jury trial, the judge will instruct the jurors on computer games.

c. In a jury trial, the judge will instruct the jurors on planting trees.


11.Who deliver the closing statements?

a. The closing statements are delivered first by Mary’s counsel, then by the defendant’s counsel.

b. The closing statements are delivered first by the plaintiff’s counsel, then by the defendant’s counsel.

c. The closing statements are delivered first by the plaintiff’s counsel and then by Mary herself.


12.When must the verdict be unanimous?

a. The verdict must be unanimous when Mary is at home.

b. The verdict must be unanimous when John is abroad.

c. The verdict must be unanimous when the trial is criminal in nature.


13.In cele din urmă, am renunţat să-l mai sun la telefon pe avocatul meu, în ziua aceea.

a.Finally, I gave up ringing up my lawyer, that day.

b.Finally, I gave up ringing up Frank, that day.

c.Finally, I gave up ringing up Simon, that day.


14.Işi aminteşte că nu a terminat de scris pledoaria de încheiere.

a.He remembers not having finished reading the book.

b.He remembers not having finished writing the closing argument.

c.He remembers having met the killer before the trial.


15.Sunteţi amabil să îi citiţi drepturile?

a.Would you mind taking my dog for a walk?

b.Would you mind showing me the way to the Museum?

c.Would you mind reading him the Miranda Rights?


16.Detectivul i-a recomandat să nu mai iasă la plimbare seara.

c.The detective recommended that he should not go out for a walk in the evenings.

b.The doctor recommended that he should not work so hard any longer.

c.The lawyer recommended that he should make a statement soon.


17.Mi-a promis că nu o să mai fure.

a.He promised me that he would not be late more than ten minutes.

b.He promised me that he would not steal any more.

c.He promised me that he would keep on being an honest person.


18.Vrei să îmi aminteşti să îl sun pe judecător la amiază?

28

a.Will you remind me to ring up Jane, at noon?

b.Will you remind me that I should ring up Jane, at noon?

c.Will you remind me to ring up the judge, at noon?

ANSWERS

LEARNING UNIT # 5: TRIALS PROCEDURES


A.Reading Section:

1.Self-assessment Test on Legal Knowledge. Trials Procedures

1.They begin with opening arguments. 2.Attorneys do. 3.Yes, they do. 4.The plaintiff’s counsel. 5.He/She presents the

case.

B.Grammar Section:

2.Self-assessment Test on Grammar Knowledge:

Activity 2. 1.Sitting by the fireside is comfortable. 2.Sleeping on the floor is unpleasant. 3.Doing such exercises is

difficult. 4.Driving without a license is illegal. 5.Driving at night is tiring. 6.Climbing those rocks is dangerous.

7.Travelling by plane is pleasant. 8.Eating in restaurants is expensive nowadays. 9.Learning English is useful.

10.Eating fresh fruit is enjoyable.

Activity 3. 1.What about seeing this film? 2.What about playing football? 3.How about going to bed? 4.What about

watchinhg TV? 5.What about visiting this museum? 6.How about buying some flowers? 7.How about swimming in the

river? 8.What about making a snowman? 9.How about ringing her up? 10.What about telling them some jokes?

Activity 4. 1.Would you mind showing me the way to the bank? 2.Would you ming repeating the last sentence?

3.Would you mind speaking about the history of this statue? 4.Would you mind driving faster? 5.Would you mind

telling me the time? 6.Would you mind lendin me your magazine?

Activity 5. 1.We were so hungry that we couldn’t help entering the nearest restaurant. 2.She had never hidden anything

from me, so I couldn’t help telling her the truth. 3.Aunt Hilda can’t help giving us some good advice whenever she

comes here. 4.He badly needed money/He needed money badly so I couldn’t help lending him some. 5.When she saw

what I looked like, she couldn’t help asking me what had happened to me. 6.When I saw how late it was, I couldn’t

help shutting my son’s book and sending him to bed.

Activity 7. 1.I am looking forward to seeing him. 2.They are looking forward to visiting London. 3.She is looking

forward to riding her new bicycle. 4.I am looking forward to meeting them. 5.He is looking forward to buying/driving

the new car. 6.He is looking forward to graduating from the faculty. 7.They are looking forward to playing tennis.

8.Lucy is looking forward to reading it. 9.Liz is looking forward to tasting the cake soon. 10. He is looking forward to

reading the new book.

Activity 8. 1.After reading/having read that article, she gave up smoking. După ce a citit articolul acela, ea a renunţat la

fumat. 2.Would you mind showing me your identity card? Sunteţi amabil să îmi arătaţi legitimaţia? 3.Johnson started

by reminding us what the purpose of our meeting was. Johnson şi-a început cuvântarea prin a ne aminti care este scopul

întâlnirii noastre. 4.It’s no use going for a walk at this time of night. Nu are rost să mergem la plimbare la ora aceasta

din noapte. 5.She remembers seeing you somewhere. Ea îşi aminteşte că te-a văzut undeva. 6.Everybody knows that

she hates playing the piano.Toată lumea ştie că ei îi displace să cânte la pian. 7.Why are you so furious at hearing the

truth? De ce eşti aşa de furios să auzi adevărul? 8.I see that you don’t feel like working today; what about going for a

walk?Văd că nu ai chef să lucrezi astăzi; ce zici de o plimbare? 9.It’s worth visiting the British Museum as many times

as possible. Merită să vizitezi Muzeul Britanic de cât mai multe ori posibil. 10.They don’t allow smoking in the library.

11.All the children are looking forward to getting presents from Santa Claus. Toţi copiii aşteaptă cu nerabdare să

primească daruri de la Moş Crăciun. 12.I am absolutely sure that you will finally get used to working in such

conditions. Sunt absolut sigur că în cele din urmă te vei obişnui să lucrezi în astfel de condiţii. 13.Jane prefers seeing

films to reading books. Jane preferă să vadă filme în loc să citească cărţi. 14.I don’t enjoy takling to this old man. Nu-

mi face plăcere să vorbesc cu bătrânul acesta. 15.I don’t like spending my whole holiday in the countryside. Nu-mi

place să îmi petrec toată vacanţa la ţară. 16.On seeing us, the boy stopped whistling and started reading the book.

Văzându-ne, băiatul s-a oprit din fluierat şi a început să citească cartea. 17.Thank you for coming/having come so early.

Iţi multumesc că vii/ai venit atât de devreme. 18.I can’t help telling my parents what I have seen there. Nu pot să nu le

spun părinţilor ce am văzut acolo.


1.Documentary or concrete evidence. 2.He/She may be asked leading questions and even be cross-examined. 3.For the

counsel of the oposing side. 4.To discredit the witness. 5.He will instruct the jurors on the applicable law. 6.The

plaintiff’s counsel and then the defendant’s counsel. 7.When the trial is criminal in nature.

Assessment and Self-assessment Test

Activity 1. 1.He has no excuse for beiing/having been late. 2.Thank you for having helped me to find this hotel. 3.We

are looking forward to meeting our old friend again. 4.His knowing her name is surprising. 5.I apologize to Alex for

having made him wait for us. 6.That man was accused of having stolen the old woman’s handbag. 7.You should profit

29

from working in this laboratory. 8.They insisted on my going there that evening. 9. I am interested in learning.finding

out the truth about those incidents in the forest. 10.However, he thinks of participating in this contest.

Activity 2. 1.to reveal; 2.reading; 3. opening; 4.to spend; 5, watching; 6.to see; 7.mentioning; 8.to visit; 9.knowing;

10.to exaggerate; 11.telling (before)/to tell (afterwards); 12.to understand; 13.going; 14.to receive; 15.to explain; 16.to

meet; 17.living; 18.to help; 19.visiting; 20. hearing.

Activity 3. 1.Finally, I gave up ringing him up that day. 2.He remembers not turning off the light. 3.Would you mind

signing/ Would you be so kind as to sign here? 4.The doctor recommended him not to work so hard any longer. 5.He

promised me not to be late by more than 10 minutes. 6.Will you remind me to ring up Jane at noon?7.She prefers

watching TV to listening to the radio. 8.Sometimes, pupils avoid looking at the teacher when they do not want to

answer a question. 9.I went for a wakl after having finished my homework. 10.I didn’t need to use the key because the

door was open.







Universitara.




Ed.Niculescu.








si Pedagogica;



Lumina Lex.


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

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

Minot State University, Fitzroy Dearborn Publishers, Chicago, London



5.Merealbe, Emanuel, (1998), Limba engleză pentru jurişti, Bucureşti, Ed. Eficient;

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



Ed. Niculescu.

30

Learning Unit # 6


Therefore keep yourself from useless murmuring

And refrain your tongue from evil speech;

For no secret word will go unpunished,

And a lying mouth will destroy one’s soul. (The Wisdom of Solomon, 1: 11)

„Păziţi-vă deci de vorbele cârtitoare şi deşarte

şi feriţi limba voastră de clevetire, fiindcă vorba

cea mai tainică nu va trece fără pedeapsă

şi gura mincinoasă aduce sufletului moarte.”

(Cartea Inţelepciunii lui Solomon, 1: 11)

6.1. Introduction



A.READING SECTION: Interrogations and Confessions. Miranda Warnings

6.3.1. Interrogations and Confessions. Miranda Warnings

B.GRAMMAR SECTION: Tense and Mood Revision

6.3.2. The Infinitive. Infinitives or Gerunds?

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



6.1. Introduction

Confession. An admission to a crime by a suspect.

Interrogation. Method of acquiring evidence in the form of

information or confessions from suspects by police. Questioning,

which has been restricted because of concern about the use of brutal

and coercive methods and interest in protecting against self-

incrimination.

Miranda warnings or rights. Warning given to suspects by

police officers advising suspects of their legal rights to counsel, to

refuse to answer questions, to avoid self-incrimination, and other

privileges. (Champion, Dean J., (1998), Dictionary of American Criminal

Justice, Key Terms and Major Supreme Court Cases, Minot State University,

Fitzroy Dearborn Publishers, Chicago, London)

The Rights of the Accused. „Many cases that come before the

Supreme Court involve charges that the police or a judge has violated

the rights of a person accused of a crime. It doesn’t matter whether

the person actually committed the crime or not; the Supreme Court

does not rule on the guilt or innocence of those accused, but only on

whether or not laws and legal procedures conform to the Constitution.

The Court rules on whether the individual’s right to due process, the

proper and correct handling of a legal case, has been violated. If it

has, the person must go free, possibly to stand trial again with due

process guaranteed. Here are two major cases of this type:

31

1.In 1961, a Florida man named Clarence Gideon was arrested

by police as he stood near a small store into which someone had

broken earlier and stolen some beer. Gideon was arrested because

another man said he saw the theft take place. Gideon was not

represented by a lawyer in court. He claimed he was innocent, and

tried to act as his own lawyer. The witness succeeded in convincing

the jury that Gideon was guilty, and Gideon went to prison.

Gideon read law books in the prison library and then wrote to

the Supreme Court, saying he had been denied the right to be

represented by a lawyer. The Court ruled that Gideon was correct. It

said that people who are accused of serious crimes must have lawyers

to defend them, even if they cannot afford to pay such lawyers. In that

case, the state must pay the lawyer’s fee.

2.In 1963, a man named Ernesto Miranda was arrested in the

state of Arizona. As police questioned him, Miranda confessed to a

kidnapping and rape. His confession was cited as evidence against

him at his trial. Miranda appealed to the Supreme Court. He claimed

his rights had been violated because the police had not told him he

could remain silent or that he had a right to be represented by a

lawyer. The Supreme Court agreed that Miranda’s rights had been

violated and his conviction was overturned. Ever since, police have

been required to inform arrested people that they do not have to

answer questions and that they have the right to be represented by a

lawyer.”(Richard Pawelek, Educational Writer, The Law and the Judiciary.

USIA. 1992)



O1 to understand the legal content:

O1a.to provide a short explanation of the reading of the rights to the

accused before questioning begins;

O1b. to test the students’ legal knowledge;


O2a.:to revise the Infinitive and its uses; to compare and study the uses of

the Gerund and the uses of the Infinitive;

O2b. to test the students’ grammar knowledge;

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

and an English grammar book


C1.getting familiar with the rights of the accused;

C2.using correctly the gerund and the infinitive in writing and speaking;

applying grammar rules and notions to ensure the correctness of speaking,

writing, translating;

C3.reading, translating, commenting different types of legal documents.



A.READING SECTION:

Interrogations and Confessions. Miranda Warnings

6.3.1. Interrogations and Confessions. Miranda Warnings

32


and vocabulary:

to result, -ed, -ed in = (v) a rezulta în, a se solda cu

admission = (n) admitere, recunoaştere

to provide, -d, -d with = (v) a asigura, a furniza

self- = prefix, auto-

to remain, -ed, -ed silent = (v) a tăcea, păstra tăcerea

to testify, testified, testified = (v) a depune o mărturie, a face o

depoziţie/declaraţie

under = (prep) sub, în condiţiile, conform

vs/v = versus (latină), (prep) contra, vizavi de

kidnapping = (n) răpire

raping = (n) viol

to confess,-ed, -ed = (v) a mărturisi

to advise, -d, -d = (v) a informa, a încunoştiinţa

to rule, -d, -d = (v) a decide, a dispune

to require, -d, -d = (v) a i se cere; a i se pretinde


Interrogations and Confessions. Miranda Warnings

After an arrest is made, it is standard police practice to question or

interrogate the accused. Interrogations often result in confessions or

admissions, which are later used as evidence at trial. The Fifth

Amendment to the U.S. Constitution provides citizens with a

privilege against self-incrimination. This means that a suspect has a

right to remain silent and cannot be forced to testify against himself

or herself. Under the Sixth Amendment, a person accused of a crime

has the right to the assistance of an attorney.

In 1966, in the case of Miranda vs. Arizona, Ernesto Miranda, found

guilty of kidnapping and raping, said that he would not have

confessed if he had been advised of his right to remain silent and on

his right to an attorney.

As a result of this case, the Supreme Court ruled that police would

be required to inform people accused of a crime of the following

Miranda rights before being questioned:

The following is a minimal Miranda warning, as outlined in the

Miranda v. Arizona case:

1.You have the right to remain silent.

2.Anything you say can and will be used against you in a court of

law.

3.You have the right to speak to an attorney, and to have an attorney

present during any questioning.

4.If you cannot afford a lawyer, one will be provided for you at the

government expense.

The following is a much more verbose Miranda warning, designed

to cover all bases that a detainee might encounter while in police

33

custody. A detainee may be asked to sign a statement

acknowledging the following:

1. You have the right to remain silent and refuse to answer

questions. Do you understand?

2. Anything you say may be used against you in a court of law.

Do you understand?

3. You have the right to consult an attorney before speaking to

the police and to have an attorney present during

questioning now or in the future. Do you understand?

4. If you cannot afford an attorney, one will be appointed for

you before any questioning if you wish. Do you understand?

5. If you decide to answer questions now without an attorney

present you will still have the right to stop answering at any

time until you talk to an attorney. Do you understand?

6. Knowing and understanding your rights as I have explained

them to you, are you willing to answer my questions

without an attorney present?

Failure to give Miranda warnings, however, does not affect the

validity of an arrest. The police have to give Miranda warnings

only if they want to use statements from the accused at the trial. (Information adapted from:

http://isss.binghamton.edu/pubs/sexharas.html)

B.GRAMMAR SECTION: Tense and Mood Revision:

13.3.2.The Infinive. Infinitives or Gerunds?

The Infinitive Mood

The Infinitive is used in the following cases:

1.After certain verbs: advise, agree, attempt, dare, decide, expect,

help, want, manage, need, offer, promise, refuse, seem, etc.

E.g.:The two parties agreed to set up a partnership.

The solicitor advised the client to listen carefully.

2.After certain adjectives such as: difficult, impossible, pleased,

surprised, etc.

E.g.: It is difficult to understand the language of directives.

I was surprised to see him at the trial.

3.After ‘the first’, ‘the last’, replacing relative clauses.

E.g.: He was the first to advocate the idea of a single / unified

Europe.

Infinitives or Gerunds?

Certain verbs can be followed by either gerunds or infinitives with

no change of meaning: begin, continue, intend, love, prefer, start.

Other verbs can take both gerunds and infinitives with a change of

meaning: consider, forget, need, regret, remember, stop, try, etc.

34

E.g.:We regret selling the shares. (We are sorry to have already sold

them) We regret to inform you that your complaint has been

rejected. (We are sorry we have to inform you)

C.PRACTICE SECTION :



A.READING SECTION: 1.Self-assessment Test on Legal Knowledge. Interrogations and Confessions. Miranda Warnings.

Comprehension questions:

1. After an arrest is made, what is standard police practice?

2. What do interrogations often result in?

3. What are confessions or admissions later used as?

4. What amendment to the U.S.Constitution provides citizens with a privilege against self-

incrimination?

5. What right does the suspect have according to the Fifth Amendment?

6. Can a suspect be forced to testify against himself/herself?

7. Under what amendment does a person accused of a crime have the right to the assistance of an

attorney?

8. What was the name of Ernesto Miranda’s case?

9. In what year was the case of Miranda vs. Arizona?

10. What was Ernesto Miranda found guilty of?

B.GRAMMAR SECTION: Tense and Mood Revision.

2.Self-assessment Test on Grammar Knowledge. Infinitives or Gerunds?

Activity I.

Answer each of the following questions using the clues provided.

1. What did her daughter refuse to do? (eat her dinner)

2. What did he promise his wife? (be home early)

3. What do you want to do? (I, go to Italy on vacation)

4. What did you learn at cooking class last night? (We, make pie crust)

5. What did Rick demand? (know the truth)

6. What did Sarah and Rebecca choose to do? (stay home and watch TV)

7. What can’t you wait to do? (I, leave on my trip)

8. What can’t they afford to do? (buy a new apartment now)

Keywords to be remembered: interrogation, confession, Miranda rights, infinitives, gerunds


Activity 1.Answer the following questions::

1.Would Miranda have confessed if he had been advised of his rights?

2.What the rights Miranda had not been advised of?

3.What rights is police required to inform people accused of a crime?

4.What authority ruled this requirement?

5.Is police required to inform people accused of a crime of the Miranda Rights before or after questioning

begins?

6.Does failure to give Miranda warnings affect the validity of an arrest?

7.When do the police have to give Miranda warnings?


1.Miranda Warnings


35

Activity 1.Use the words and phrases below to make complete sentences. There are two correct answers

for each one.

1. Mrs. MacMahon prefers // walk // home from work.

2. They say it will start // snow // in the middle of the night.

3. The children can’t bear // not know // where their gifts are hidden.

4. The professor continued // speak // after the class was finished.

5. What do you love // do // in your free time?

6. My dog hates // be // away from me.

7. We like // go // running together every morning.

8. I didn’t remember // leave // my keys on the table.

REVISION III

LEARNING UNIT # 6


ACTIVITY I.

ANSWER THE FOLLOWING QUESTIONS.


1.After an arrest is made, what is the standard police practice?

a.After an arrest is made, the standard police practice is to question or interrogate the acussed.

b.After an arrest is made, the standard police practice is to congratulate or invite to dinner the

accused.

c.After an arrest is made, the standard police practice is to play tennis or computer games with the

accused.


2.What do interrogations often result in?

a.Interrogations often result in making new friends.

b.Interrogations often result in confessions or admissions.

c.Interrogations often result in buying books.


3.What are confessions or admissions later used as?

a. Confessions or admissions are later used as good novels to be read.

b. Confessions or admissions are later used as good movies to be seen.

c.Confessions or admissions are later used as evidence at trial.


4.What amendment to the U.S. Constitution provides American citizens with a privilege

against self-incrimination?

a.The Fifth Amendment to the U.S. Constitution provides American citizens with a privilege

against self-incrimination.

b.The British Amendment to the U.S. Constitution provides British subjects with a privilege


c.The German Amendment to the U.S. Constitution provides German citizens with a privilege



5.What right does the suspect have according to the Fifth Amendment to the U.S.

Constitution?

36

a.According to the Fifth Amendment to the U.S. Constitution, the suspect has the right to speak

about his private affairs.

b.According to the Fifth Amendment to the U.S. Constitution, the suspect has the right to remain

silent.

c.According to the Fifth Amendment to the U.S. Constituion, the suspect has the right to stay in

an expensive hotel during the trial.


6.Can a suspect be forced to testify against himself/herself?

a. A suspect cannot be forced to testify against Robert and Iris.

b. A suspect cannot be forced to testify against Michael and Hester.

c.A suspect cannot be forced to testify against himself/herself.


7.Under what Amendment to the U.S. Constitution, does a person accused of a crime have

the right to the assistance of an attorney?

a. A person accused of a crime has the right to the assistance of an attorney under the Sixth

Amendment to the U.S. Constitution.

b. A person accused of a crime has the right to the assistance of an attorney because he/she

wishes so.

c. A person accused of a crime has the right to the assistance of an attorney because his parents

and friends want so.


8.What was the name of Ernesto Miranda’s case?

a. Ernesto Miranda’s case is known under the name of Miranda vs. Transilvania.

b. Ernesto Miranda’s case is known under the name of Miranda vs. Arizona.

c. Ernesto Miranda’s case is known under the name of Miranda vs. Ţara Românească.


9.What was Ernesto Miranda found guilty of?

a. Ernesto Miranda was found guilty of walking peacefully in Hyde Park in London, in 1966.

b. Ernesto Miranda was found guilty of speaking on the phone with his friend.

c. Ernesto Miranda was found guilty of kidnapping and rapping.


10.Would Ernesto Miranda have confessed if he had been advised of his rights?

a.Ernesto Miranda would not have confessed if he had been advised of his rights.

b.Clarence Johnson would not have confessed if he had been advised of his rights.

c.Robert Summers would not have confessed if he had been advised of his rights.


11.What are the rights Miranda had not been advised of?

a. He had not been advised of his rights to read books and watch TV while in jail.

b.He had not been advised of his rights to remain silent and to have an attorney.

c. He had not been advised of his rights to smoke and chew gums during the trial.


12.The U.S. Police are required to inform people accused of a crime on the following rights /

Miranda Warnings:

a.You have the right to speak about yourself, your education, profession, hobbies.

37

b.You have the right to inform the local police about your parents and their jobs.

c.”You have the right to remain silent. You have the right to speak to an attorney, and to have an

attorney present during any questioning. If you cannot afford a lawyer, one will be provided for

you at the government expense.”


13.What American authority requires that the police should inform the accused of a crime

on his/her rights?

a.The U.S. Supreme Court

b.The European Court of Human Rights

c.The Council of Europe


14.Are the U.S. Police required to inform people accused of a crime of the Miranda Rights

before or after questioning begins?

a. Andrew and Tina are required to inform Jack and Leo of the Miranda Rights before

questioning begins.

b.The U.S. Police are required to inform people accused of a crime of the Miranda Rights before

questioning begins.

c. The U.S. Police are required to inform Mr.Marshall and his wife of the Miranda Rights before

questioning begins.


15.Does failure to give Miranda warnings affect the validity of an arrest?

a.Miranda and Fanny go to school every day.

b.Miranda and Fanny do not go to school daily.

c.No, it does not. Failure to give Miranda Warnings does not affect the validity of an arrest.


16.When do the police have to give Miranda Warnings?

a.The police have to give Miranda Warnings only if they want to use statements from the

accused at the trial.

b. The police have to give Miranda Warnings only if they want to amuse themselves.

c. The police have to give Miranda Warnings only if they want to waste their time.


17.The definition of ”confession” is:

a.An admission to a Fulbright Scholarship by an applicant.

b.An admission to a crime by a suspect.

c.An admission to a crime by Father Dan from Sophia Greek Orthodox Church in San Antonio,

Texas.


18.The definition of ”interrogation” is:

a.Method of teaching music.

b.Method of analyzing literary texts.

c.Method of acquiring evidence from suspects by the police.

38

ANSWERS

LEARNING UNIT # 6: INTERROGATIONS AND CONFESSIONS. MIRANDA WARNINGS


A.Reading Section: 1.Self-assessment Test on Legal Knowledge. Interrogations and Confessions. Miranda

Warnings1.To question or interrogate the accused. 2.They result in confessions or admissions. 3.Evidence at

trial.4.The Fifth Amedment. 5.To remain silent. 6.No. 7.The Sixth Amendment. 8.Miranda vs. Arizona. 9.1966.

10.kidnapping and raping. B. Grammar Section:2.Self-assessment Test on Grammar Knowledge I.1.Her daughter

refused to eat her dinner. 2.He promised his wife to be home early. 3.I want to go to Italy on vacation. 4.We learned to

make pie crust at coking class tonight. 5.Rick demanded to know the truth. 6.Sarah and Rebecca chose to stay home

and watch TV. 7.I can’t wait to leave on my trip. 8.They can’t afford to buy a new apartment now. Comprehension

Check 1.He would not have confessed if he had been advised of his rights. 2.To remain silent and to have an

attorney.3. You have the right to remain silent. Anything you say can and will be used against you in a court of

law.You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot

afford a lawyer, one will be provided for you at the government expense. 4.The Supreme Court. 5.Before. 6.No, it does

not. 7.Only if they want to use statements from the accused at the trial. Assessment and Self-assessment Test I.1.Mrs

MacMahon prefers wakling home from work. Mrs MacMahon prefers to walk home from work. 2.They say it will start

snowing in the middle of the night. They say it will start to snow in the middle of the night. 3.The children can’t bear

not knowing where their gifts are hidden. The children can’t bear not to know where their gifts are hidden. 4.The

professor continued speaking after the class was finished. The professor continued to speak after the class was finished.

5.What do you love doing in your free time? What do you love to do in your free time? 6.My dog hates being away

from me. My dog hates to be away from me. 7.We like going running together every morning. We like to go running

together every morning. 8.I didn’t remember leaving my keys on the table. I didn’t remember to leave my keys on the

table.







Universitara.




Ed.Niculescu.








si Pedagogica;



Lumina Lex.


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

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

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



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

6.Pawelek, Richard, Educational Writer, (1992), The Law and the Judiciary, USIA;

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



Ed. Niculescu.

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