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UNIT 1 -Bradford the innkeeper

1. Jonathan Bradford kept an inn in Oxfordshire, on the London road to Oxford and bore a
respectable character. Mr. Hayes, a gentleman of fortune, being on his way to Oxford, on a visit
to a relation, put up at Bradfords. He there joined company with two gentlemen, with whom he
supped, and in conversation unguardedly mentioned that he had then about him a considerable
sum of money. In due time they retired to their respective chambers , the gentlemen to a twobedded room, leaving, as is customary with many, a candle burning in a corner. Some hours after
they were in bed, one of the gentlemen, being awake, thought he heard a deep groan in the
adjoining room and this being repeated, he softly woke his friend up. They listened together and
the groans increasing, as of one dying and in pain, they both instantly arose and proceeded
silently to the door of the next chamber, from which the groans seemed to come.
2. The door being ajar , they in the room. They entered, but it is impossible to paint their
consternation on perceiving a person weltering in his blood in the bed, and a man standing
over him with a dark lantern in one hand and a knife in the other! The man seemed as much
petrified as themselves, but his terror carried with it all the appearance of guilt.
3. The gentlemen soon discovered that the murdered person was the stranger with whom they
had that night supped and that the man who was standing over him was their host. They
seized Bradford directly, disarmed him of his knife, and charged him with being the
murderer. He assumed by the time the air of innocence, positively denied the crime, and
asserted that he came there with the same humane intentions as themselves, that hearing a
noise, which was succeeded by a groaning, he had got out of bed, struck a light, armed
himself with a knife for his defence and had but that minute entered the room before them.
These assertions were of little avail: he was kept in close custody till the morning, and then
taken before a neighbouring justice of the peace.
4. Though Bradford still denied the indications of guilt, the justice of the peace did not hesitate
to make use of this extraordinary expression, on writing his mittimus, Mr. Bradford, either
you myself committed this murder.
WORDS AND PHRASES
a two-bedded room o camera cu doua paturi
adjoining (adj)- alaturat, vecin
ajar (adj)- intredeschis
assertion (n ) afirmatie
avail n - folos
awake (adj) treaz
close (adj) strans, atent
customary - obisnuit
directly indata
fortune avere, noroc
groan geamat
guilt vinovatie
host gazda
humane omenesc
in due time la timpul cuvenit
innkeeper hangiu
justice of the peace judecator de pace
lantern- felinar
mittimus ordin de intemnitare
murderer ucigas
neighbouring invecinat

on a visit to in vizita la
on his way to in drum spre
positively categoric
relation ruda
to assume a(si) asuma
to assert a firma
to bear bore, borne a purta
to charge with a acuza de
to deny a nega, a respinge
to join a se alatura
to proceed a purcede
to put up a poposi
to seize a apuca, a insfaca
to strike, struck, struck a lovi, a izbi, a scapara
to sup, supped a cina
to welter a se scalda
unguardedly imprudent
Give the original lexical forms:
Respectable- unguardedly considerable customary adjoining softly instantly silently
appearance stranger directly murderer innocence positively groaning assertion justiceindication- expression neighbouring
QUESTIONS
1. What did Jonathan Bradford keep in Oxfordshire ?
2. On what road was the inn ?
3. What kind of character did Jonathan Bradford bear ?
4. What gentleman was Mr. Hayes ?
5. On what way was he ?
6. On what visit was he ?
7. Where did he put up?
8. Whose company did h join there ?
9. With whom did Mr. Hayes sup ?
10. What did he unguardedly mention in conversation?
11. What did they do in due time ?
12. What did the gentlemen leave, as is customary with many in a corner?
13. What did the gentlemen think he heard in the adjoining room ?
14. This being repeated, what did the gentlemen do then?
15. What did the gentlemen do together ?
16. Were the groans decreasing ?
17. What did they instantly do ?
18. Where did they silently proceed to ?
19. The door being ajar, what did they see in that room?
20. Did they stay outside ?
21. What did they perceive in that room ?
22. What did the man standing over the person weltering in blood have in his hands?
23. What did the man seem to be ?
24. What did the mans terror carry with it?
25. Who was the murdered person ?
26. Who was the man who was standing over him ?
27. What did they do directly?

28. What did they charge their host with ?


29. What air did the host assume by the time?
30. How did he deny the crime?
31. What did he assert ?
32. What did he do after hearing a noise succeeded by a groaning ?
33. What did he arm himself with ?
34. When did he enter the room?
35. Were these assertions of any avail?
36. What happened to him till the morning?
37. Where was he taken then ?
38. Did Bradford admit the indications of guilt ?
39. What extraordinary expression did not the justice of the peace hesitate to make use writing his
mittimus ?
UNIT 2 -Bradford the innkeeper II
1.This remarkable affair became a topic of conversation to the whole country. Bradford was condemned
by the general voice of every company . In the midst of all these preconceptions , the assizes at Oxford
came on. Bradford was brought to trail; he pleaded not guilty. Nothing could be stronger than the
evidence of the two gentlemen. They testified to their finding Mr. Hayes murdered in his bed, and that
the knife and the hand which held it, were covered with blood. They stated that, on their entering the
room, he betrayed all the signs of a guilty man, and that but a few minutes before, they had heard the
groans of a deceased.
2. Bradfords defence on his trial was the same as before, he heard a noise, he suspected that something
villainy was being transacted; he struck a light, snatched up the knife, the only weapon at hand to defend
himself with, and entered the room of the deceased. He averred that the terrors he betrayed were merely
the feelings natural to innocence as well as to guilt, on beholding so horrid a scene. The defence,
however, could not but be considered as weak, contrasted with the several powerful circumstances
against him. Never was circumstantial evidence so strong, so as it went. There was little need for
comment from the judge in summing up the evidence, no room appeared for extenuation, and the
prisoner was declared guilty by the jury.
3. Bradford was executed shortly after, still declaring that he was not the murderer, nor privy to the
murder of Mr. Hayes, but he died disbelieved by all.
4. Yet, these assertions were not untrue !The murder had actually been committed by the footman of Mr.
Hayes, and the assassin, immediately after having stabbed his master, had rifled his pockets of his
money, gold watch and snuff-box, and then escaped back to his own room. This could scarcely have
been effected, as after-circumstances showed, more than a minute before Bradfords entering the
unfortunate gentlemans chamber. The world owed this information to remorse on the part of the
footman (eighteen months after the execution of Bradford)when laid on a bed of sickness. It was a
deathbed repentance ,and by that death, the law lost its victim.
WORDS AND PHRASES
actually efectiv, intr-adevar
after-circumstances circumstante ulterioare
as well as precum si
assizes sesiune periodica a curtii cu juri (are loc in fiecare comitat din Anglia)
at hand la indemana
circumstantial evidence dovezi indirecte
evidence dovezi
extenuation atenuare
footman valet
in the midst of in mijlocul

merely doar, numai


on the part of din partea
privy complice,partas
remorse remuscare,
repentance cainta
scarcely de-abia
shortly in scurta vreme
snuff-box tabachera de prizat tutun
so far as it went pe cat se parea
terrors groaza
to disbelieve a nu crede
to effect efectua, a face
to rifle a scotoci
to snatch a insfaca
to stab(stabbed0 a injunghia
to sum (summed) a rezuma
to testify a depune marturie
to transact a indeplini
trial proces
villainy crima, ticalosie
weapon arma
whole - intreg
QUESTIONS
1. By whom was Bradford condemned ?
2. In the midst of all these preconceptions, what came on ?
3. What happened to Bradford?
4. Did Bradford plead guilty ?
5. Could anything be stronger than the evidence if the two gentlemen?
6. What did they testify to ?
7. What were the knife and the hand which held it covered with?
8. What did they state that he betrayed in their entering the room?
9. What did they heard but a few minutes before?
10. Was Bradfords defence on his trial different from before?
11. What did Bradford hear?
12. What did he suspect ?
13. What did he strike ?
14. What did he snatch up ?
15. Why did he snatch up the knife?
16. What did he enter at that moment?
17. What was defence contrasted with ?
18. Was circumstantial evidence weak?
19. Were Bradfords assertions true or untrue?
20. Who had the murder actually been committed by ?
UNIT 3 PARLIAMENT IN ENGLAND (I)
1. Englishman : Have you been to either of the houses of Parliament since your arrival in England?
Foreigner : Yes, twice, but I intend to go again, for I dont yet quite understand their manner of
proceeding.
2 E: If you will go there with me some day, I shall be able to give you some information.

F: I will avail myself with pleasure of your offer, but I should like to have some previous
knowledge of the routine of parliamentary business as I am often at a loss when reading the
newspapers.
3. E: What do you find embarrassing ?
F: Many expressions, such as the speaker, dividing the house , pairing off, a call of the
house,
4. E: I will endeavour in a few words, to give you an idea of your parliamentary proceedings.
5. F: You will greatly oblige me and you will give me great pleasure.
6. E: First then, what we call the Speaker is the president, who s chosen at every new parliament.
7. F: But I never see the word Speaker employed in the debates of the House of Lords.
E: No, the president of the House of Lords is called the Lord Chancellor,who is also sometimes
called the Keeper of the Great Seal.
8. F: Yes, I remember and I have also been told he is seated on a woolsack, isnt he?
E: Not only the Lord Chancellor, but also the twelve judges are seated on woolsacks.
9. F: that is a very singular custom, can you tell me the reason of it ?
E: It was first established, it is said, when woollen cloth was the principal article of English
manufacture, are consequently the growth and improvement of wool were considered as objects of
the highest importance.
WORDS AND PHRASES
as intrucat
call apel
Chancellor - cancelar
consequently in consecinta
embarrassing stanjenitor
growth crestere
House (of Parliament)camera a Parlamentului
keeper custode,detonator
manufacture- fabricatie, productie
previous anterior, precedent
seal sigiliu
singular- singular, deosebit
Speaker presedintele Camerei Comunelor
to avail oneself of a se folosi de
to be at a loss- a fi in dificultate
to be seated a fi asezat
to endeavour a se stradui
to give pleasure - a face placere
to pair off a se imparti cate doi
woollen de lana
woolsack sac de lana
QUESTIONS
1. Has the Foreiner ever been to the houses of Parliament?
2. How many times has the Foreigner been to the houses of Parliament?
3. Why does the Foreigner intend to go there again ?
4. What will the Englishman be able to give the Foreigner if he will go with him some day?
5. How will the Foreigner avail himself of the Englishmans offer ?
6. When is the Foreigner at a loss?
7. What are some of the many expressions the Foreigner finds embarrassing when reading the
newspapers?
8. What idea will the Englishman endeavour to give the Foreigner?

9. What does the Foreigner say to show his gratitude ?


10. What is the Speaker ?
11. When is the Speaker chosen ?
12. What is the President of the House of Lords called?
13. What is the Lord Chancellor also sometimes called ?
14. What is the Foreigner also been told about the Lord Chancellor?
15. Besides the Lord Chancellor who is also seated in the woolsacks?
16. What kind of custom does the Foreigner say that is ?
17. What does the Foreigner ask about that custom?
18. When was that custom first established as it is said?
UNIT 3 PARLIAMENT IN ENGLAND (II)
1. F: But what connection has with the Lord Chancellor and the judges ?
2. E: They, forming a part of both the legislative and the executive power are seated on woolsacks in
order to remind them of the protection due to that branch of English trade.
3. F: I see it, and though the custom appears to me rather extraordinary, it is not incomprehensible.
4. E: Are you acquainted with the manner of making laws according to our English constitution ?
F: I have some idea of it, but not very clear; will you tell me how the bills , as they call them are
carried through the houses?
5. E: In the first place, every member has the right to propose a bill, but he cannot present it to the
house till he has moved for permission to do so.
6. F: And of whom does he ask the permission ?
7. E: Of the whole house and his motion having been seconded, the sense of the house is taken on it,
and permission granted, or refused , according to the vote.
F: And when the permission is granted what follows ?
E: The bill is then prepared, brought in, and read a first time, and if no opposition is made to it, the
second reading is fixed for a certain day.
8. F: Does it frequently happen that bills are opposed on the first reading ?
E: No, the first reading is merely to develop the principles of the bill; the discussion generally takes
place on the second reading.
9. F: How many readings must there be ?
E: There must be three in either of the houses, thus when a bill has been read three times in one
house, it is passed to the other, where it has to undergo the same process.
10. F: And does it then become a law?
E: Not until the royal assent has been given to it.
11. F: And how is that done?
E: The bill is presented to the queen by the Lord Chancellor, and if it be a public bill and the
monarch approves it, he says in French: La reine le veut(The queen wishes it), but if it be a private
bill, he says: Soit fait comme il este desire (Be it made as it is desired).
WORDS AND PHRASES
according to- in functie de
as they call them cum se numesc
assent asentiment, accord, aprobare
bill proiect de lege
branch ramura
due datorat
either oricare(din doua)
I see it inteleg
If it be daca o fi ;daca este cumva
Incomprehensible de neinteles

merely- doar, numai


on the first reading la prima lectura
private bill- proiect de lege particulara
sense parere
though desi, cu toate ca
to be acquainted to a fi familiarizat cu,a-i fi cunoscut
to bring in a bill a prezenta un proiect de lege
to carry a bill to the houses a trece/ a vota un proiect de lege in camere
to grant a corda
to move for a face demersuri pentru
to oppose a face opozitie la
to remind of a (re)aminti
to second a motion a seconda o motiune
to undergo a suferi, a trece prin(process, transformare)
QUESTIONS
1. About what connection does the Foreigner ask the Englishman?
2. What are the powers of the Lord Chancellor and the judges are a part of ?
Why are they seated on woolsacks?
3. Does that custom appear to the Foreigner ordinary ?
4. Does that custom appear to the Foreigner comprehensible ?
5. Is the Foreigner acquainted with the manner of making laws according to the English constitution ?
6. What does the Foreigner ask the Englishman in connection with the bills ?
7. Who has the right to propose a bill?
8. When can a member present it to the house?
9. Of whom does he ask the permission ?
10. How is permission granted or refused ?
11. What happens to the bill after being prepared and brought in ?
12. What happens to the bill if no opposition is made to it ?
13. What is the purpose of the first reading of the bill ?
14. When does the discussion generally take place ?
15. How many readings must there be in either of the houses ?
16. When does a bill finally become a law?
17. To whom is the bill presented?
18. By whom is the bill presented to the queen ?
19. What does the Lord Chancellor say if it is a public and the queen approves it?
20. But what does he say if it is a private bill and the monarch approves it ?
UNIT 4 PARLIAMENT IN ENGLAND (III)
1. F: But suppose the queen will not give her assent ?
E: In that case, he says: La reine savisera (The queen will think of it)
2. F: But why is the assent, or refusal, given in the French language ?
E: It was naturally the custom under the dynasty of Norman kings and it has not yet been changed.
3. F: And when bills are rejected on the second or third reading, it is by voting, isnt it ?
E: Yes, certainly.
4. F: And how is the vote taken?
E: In the House of Lords they cry content or non-content, in the House of Commons aye or
no, but if they arent any members present and the numbers are nearly equal there is a division.
5. F: What do you mean by a division?

E: The contents or ayes pass out of the house into the lobby on the right,and the non-contents or noes
into the left. All then return into the house and the name of each member is marked, as he enters, on lists
prepared for the purpose
6. F: And are the lists generally rejected by a simple negative ?
E: No, they are often thrown out by an amendment, or by a member moving that the bill be read a
third time that day six months or that day three months.
7. F: And is a bill lost if such a motion is voted ?
E: Yes, because the mover takes care to name a day when Parliament will not be sitting, and
consequently the bill cannot be read that day.
8. F: Thank you for the information you have given to me: I shall not be able to read the debates with
more pleasure, because I shall understand them better.
9. E: There is also another expression, pairing off that is when the members of different sides wish to
go away, they go together, not to leave an advantage to either party.
10. F: And what is a call of the house?
E: When some very important measure is to be discussed the members are warned that their names
will be called over and that they must not be absent.
(Adapted from P. Sadler, Manuel classique de conversations francaises et anglaises, Paris )

WORDS AND PHRASES


as (conj) pe masura ce
aye (interj) yes
by a member moving that the bill be read prin propunerea unui membru ca proiectul sa fie citi, prin
aceea ca un membru propune ca proiectul sa fie citit
content (adj)- multumit
for the purpose in acest scop
lobby foaier
mover proponent, cel care propune
suppose sa presupunem ca
that day six months peste sase luni din ziua aceea
that is adica
to lose-lost-lost a pierde
to mean- meant-meant a intelege
to reject a respinge
to sit-sat-sat- a tine sedinta (de parlament)
to warn- a avertiza
QUESTIONS
1. What will the Lord Chancellor say in the case the queen does not give her assent?
2. In what language is the assent or refusal expressed?
3. Has the custom ever been changed?
4. How are the bills rejected on the second or third reading?
5. What do they cry in the House of Lords to have the vote taken?
6. When is there a division ?
7. Where do the contents or ayes pass?
8. Where do the non-contents or non-ayes pass?
9. Where are the names of the members marked when they return into the house?
10. How are the bills generally rejected?

11. Is a bill lost when such a motion is voted?


12. What will the mover take care to do?
13. What will the Foreigner be able to do now?
14. Why will reading of parliamentary debates give him more pleasure?
15. What is the expression for two members of different sides going away not to leave an advantage to
either party?
16. When are the members warned that their names will be called over and that they must not be absent?
COURTS OF JUSTICE AND TRIALS IN ENGLAND (I)
1. F: I intend to visit some of your courts of justice to hear the trials, but I should like to have some
idea of the manner of administering justice, so that I may understand what I shall hear and see.
2. E: I shall be able to give you a good deal of information on that subject as I have frequently been on
the jury.
3. F: I knew I could not apply to a better person, tell me then of you please what are the preliminary
steps in criminal cases.
E: The criminal, on being apprehended, is taken before a police magistrate, something like you call
instruction judge in other European countries.
4. F: And what takes place before that magistrate?
E: The witnesses are examined, and if the evidence tend in any way to criminate the criminal, the
magistrate commits him for trial.
5. F: But suppose the offence is of a trivial nature?
E: In such cases there is a discretionary power vested in the magistrate, to inflict a proportionate
punishment; such as a fine, or a few days imprisonment.
6. F: And when a prisoner is committed for trial, what follows?
E: If he be not liberated on bail, he is detained in prison till the session of the criminal court.
7. F: How often are the sessions held?
E: About every six weeks in London.
8. F: An how is the prosecution conducted?
E: The prosecutor and witnesses go, immediately the session is opened, before the grand jury, who
interrogate them, to ascertain if there be sufficient cause to send the affair before the judge and jury.
9. F: But suppose the prosecutor does not wish to go on with the prosecution?
E: He is compelled to go on with it, being bound over to do so, under a penalty of so any pounds.
WORDS AND PHRASES
bail cautiune
cause cauza, motiv
evidence probe, dovezi
fine amenda
grand jury mare juriu
imprisonment inchisoare
offence(BE) offense (AE)- delict
on being apprehended - cand este prins
prosecution urmarire, reclamatie,acuzare, procuratura
prosecutor procuror
punishment pedeapsa
so that I may understand ca sa pot intelege
something like ceva de genul
to apply (applied) a apela la
to apprehend a prinde
to ascertain a stabili
to bind-bound-bound over a obliga, a sili

to commit(committed)for trial a pune sub acuzatie


to compel (compelled) a sili, a forta, a obliga
to conduct- a conduce, a efectua
to conduct the prosecution a instrui procesul
to criminate a incrimina
to inflict a da, a aplica
to vest a investi
trivial banal, neinsemnat

QUESTIONS
1. What does the Foreigner intend to visit ?
2. What ides would the Foreigner like to have ?
3. Why will the Englishmen be able to give the Foreigner much information on that subject?
4. What is the first preliminary step in criminal cases?
5. What might a police magistrate in Britain be in other European countries?
6. Who is examined by the magistrate?
7. What happens to the bidder if the tends in any way to criminate him?
8. What does the magistrate do if the offence is of a trivial nature?
9. On what condition can a prisoner committed for trial be liberated?
10. What happens to him if he is not liberated on bail?
11. How often are the sessions of the criminal court held?
12. When do the prosecutor and witnesses go before the grand jury?
13. Why do the grand jury interrogate the prosecutor and witnesses?
14. May the prosecutor not go on with the prosecution?
15. How is the prosecutor bound over to go on with the prosecutor?
COURTS OF JUSTICE AND TRIALS IN ENGLAND (II)
1. F: And if he chooses to forfeit the pounds rather than appear?
E: That he can do, unless the crime be of a serious nature, in which case the prosecutor and witnesses
are liable to be tried for compounding felony.
2. F: What do you call compounding felony ?
E: It is conniving with a criminal, to enable him to escape from punishment due to his crime; for
instance, someone who has robbed you offers to restore the property if you will not carry on the
prosecution, or if you will keep back the witnesses.
3. F: And is that considered a punishable crime?
E: Yes, because it is endeavouring to defeat the ends of justice.
4. F: But if I am the only person injured, have I not the right to pardon ?
E: Not a crime which may compromise the safety of society which has been attacked in your person
and which it is your duty, as a good citizen, to protect, even at the expense of some personal
sacrifice, rather than to expose other persons to the same inconvenience, by letting a robber loose
amongst them.
5. F: And what are the proceedings before the grand jury?
E: The witnesses and the prosecutor are interrogated and if the crime be sufficiently attested, the bill
of indictment is sent to the clerk of the arraigns, after which the causes are called in rotation to be
tried by the judge and jury.
6. F: Have the accused in England the right of challenging the jurors?

E: Yes, they can challenge a certain number without assigning any cause, and afterwards as many
they can show reasonable cause of objection against.
7. F: That is a very important privilege.
E: It is so, and foreigners in England possess a still more important one.
8. F: What is that ?
E: It is the right of demanding that half the jury which is to judge them should also be foreigners.
F: That is indeed a most admirable institution and worthy of a civilized country.

WORDS AND PHRASES


amongst = among
arraigns procuratura
at the expense of pe seama, pe cheltuiala
bill act
clerk functionar
clerk of the arraigns- grefier ,procuror al reginei
defeat a infrange, a distruge, a anula
duty datorie (morala)
end scop, obiectiv
felony- infractiune grava, incendierea, spargerea, furtul calificat, omiciderea, asasinatul, infractiune
indreptata impotriva ordinii de stat
half the jury jumatate din juriu
inconvenience inconvenient, neajuns, neplacere
indictment- acuzare, incriminare
liable- obligat, raspunzator
loose a liber
proceedings proceduri
punishable pasibil, susceptibil
rather than mai degraba decat
to carry(carried )on a continua, a duce mai departe
to challenge the jury a recuza juriul
to compound- a compune, a combina, a urzi
to connive with a se intelege cu
to demand a cere, a pretinde
to enable a permite, a da posibilitatea
to endeavour(BE) endeavor (AE)- a se stradui, a se sili
to forfeit a pierde (proprietatea,dreptul)
to injure a leza, a rani, a vatama
to keep back a retine, a retrage, a opri
to restore a restaura, a restitui
unless- daca nu, doar daca
worthy demn, vrednic
QUESTIONS
1. Can the accused choose to forfeit the pounds rather than appear? What happens in that case?
2. What is compounding felony?
3. Is that a punishable crime?
4. Has a person the right to pardon if that person is the only person injured ?
5. What crime cannot be pardoned?
6. What is someones duty as a good citizen?

7. At what expense must a good citizen protect society?


8. What are the proceedings before the grand jury?
9. What is sent to the clerk of the arraigns if the crime is sufficiently attested?
10. What happens after the bill of indictment is sent to the clerk of the arraigns ?
11. Have the accused the right of challenging the jurors ?
12. How many of the jurors can the accused challenge without assigning any cause?
13. How many of the jurors can the accused challenge afterwards?
14. Is that a trivial privilege?
15. Do foreigners in England possess a more important privilege?
16. What right do foreigners have in England to demand?
17. Is foreigners right to challenge English-born jurors an admirable institution?
COURTS OF JUSTICE AND TRIALS IN ENGLAND (III)
1.E: There is also another judicial regulation which I believe is peculiar to England.
F: To what regulation do you allude?
E: It is that a mere majority of he jury is not sufficient, they all must be of one opinion before they can
pronounce a verdict.
2.
F: And does not that very often give rise to long discussions?
E: Sometimes, but not so often as you seem to imagine?
3. F: And where do the jurors deliberate?
E: If the proofs are so clear s not to need any discussions they do not leave the jury-box, the foreman and
the jury merely collects the opinions of his brother jurymen.
4. F: And in the contrary case?
E: If there appear any difference of opinion, the jurymen retire to a room of consultation,where there are
locked up without communication with anyone else, and where they must remain without food until they are
all agreed upon the verdict.
5. F: And does it never happen that they cannot agree?
E: Very rarely indeed, though there have been examples of it.
6. F: And what is the consequence when such a circumstance does happen?
E: If, after a discussion of several hours, the foreman perceives there is no possibility of coming to a
unanimous decision, he sends word to the judge that they cannot agree upon the verdict.
7. F: And what follows?
E: The jury is discharged and another empanelled.
8. F: But suppose the jury have been in consultation for several hours, is the business of the court suspended
during all that time?
E: No, if there is a probability of the deliberation being long, another jury is called, and another trial is
commenced.
9. F: And when the jury pronounce their verdict, what is the form?
E: The judge, when the jury have come to a decision, addresses himself to the foreman, saying:
How say you, is the prisoner at the bar guilty or not guilty?
10. F: And how does the foreman reply ?
E: By one or other of the expressions GUILTY or NOT GUILTY.
11. F: I believe your penal code is rather Draconic?
E: It was so, but it has been considerably ameliorated.
WORDS AND PHRASES
agreed upon de acord
brother confrate
foreman presedintele juriului
jury-box- banca juriului
mere simplu

merely numai, doar


peculiar to particular/ specific pentru
regulation reglementare
so clear as asa de clar incat
to allude to a face aluzie la
to commence- incepe
to discharge - concedia
to empanel- a trece pe lista juriului
to give rise to- a da nastere la
to lock up- a incuia
to retire- a se retrage
QUESTIONS
1. Is a mere majority of the jury sufficient?
2. Must they all be inion before they can pronounce a verdict?
3. Is this a judicial regulation peculiar to England?
4. Does that regulation often give rise to long discussions?
5. If the proofs are so clear as not to need any discussion, how d the jurors deliberate?
6. What does the foreman do in such a case?
7. How are the jurymen locked up in the room of consultation?
8. Until what time must they remain there without any food?
9. Do the jurymen always agree?
10. What does the foreman do if he perceives that there is no possibility of coming to a unanimous
decision?
11. Does that happen after discussion of several minutes?
12. What happens to that jury in case of their disagreement?
13. Does that jury continue their consultation?
14. If the jury have been in consultation for long, is the business of the court suspended?
15. What does the judge say when the jury have come to a decision?
16. What does the foreman of the jury reply?
17. Is the British criminal code rather Draconic?
UNIT THE BRITISH CONSTITUTION AND GOVERNMENT
1. The British Constitution consists of two great branches the legislative power and the executive
power.
The legislative power, that is, the power of making, altering, or repealing the laws, belongs to Parliament
alone. The three parts of Parliament are the monarch, lords and commons. The king, or queen represents the
people as Head of State but the real power lies in Parliament. The House of Commons, or the Lower House
consists of 650 Members of Parliament (MRs) who each represent a constituency. The House of Lords, with
around 1200 members, or the Upper House, consists of the lords spiritual, that is two archbishops, 24
bishops of the Established Church and the lords temporal, hereditary peers and peeresses and life peers. The
queen alone can convoke Parliament, or prorogue, or dissolve it. The full duration of Parliament is seven
years. No bill can become law until it has been sanctioned or read three times by both houses, and has
finally received the royal assent, which is practically never refused to measures that have passed both
Houses of Parliament..
2. The Constitution of the United Kingdom, not written in one place consists of such elements or
statues (laws made by Parliament)important court cases and established practices. The key
principles of the constitution are the rule of law (everyone is subject to the laws of the land) and
the sovereignty of Parliament(there are no restrictions of the laws that Parliament can pass.

3. Each autumn the monarch goes to Westminster for the State Opening of Parliament and reads out
the speech which sets out the Governments plans for the year ahead.
4. General Elections are held every five years, though the Prime Minister may call one earlier, and
if an MP dies or retires a by-election is held in her or his constituency. MPs win their seats in
Parliament by a majority vote(or first-past-the post system).
5. After a general election, the leader of the party which has the most seats in the House of
Commons becomes Prime Minister, who chooses the Chancellor of the Exchequer(for the
Treasury), the Foreign Secretary (for Foreign Affairs), the Home Secretary (for domestic affairs),
and others, to form the Cabinet. In the House of Commons they sit on the front bench, and other
MPs from their party sit behind them (back-benchers).The main opposition party sits in a similar
arrangement. In the centre is the Speaker, who keeps order during debates.
WORDS AND PHRASES
ahead= inainte, In fata,urmator
alone= singur, doar
archbishop=arhiepiscop
assent= consimtamint, aprobare
bishop=episcop
by-election-=alegeri partiale
Chancellor of the Exchequer= ministru de finante(UK)
constituency= circumscriptie electorala
domestic= intern
Established Church= Biserica statornicita, biserica de stat din Anglia
Foreign Secretary=ministrul de externe
Head= sef
Home Secretary= ministru de interne
Lord spiritual= lord spiritual/bisericesc
Lord temporal= lord laic / secular
Lower = inferior
Peer=pair, nobil, membru al camerei Lorzilor
peeress= nobila, membra al camerei Lorzilor
rule of law= domina legii
Speaker= presedinte al Camerei Comunelor
state(adj)= solemn
that is= adica
to advise= a sfatui, a consilia
to alter= a modifica
to lie-lay-lain= a rezida, a consta
to prologue= a proroga, a amana
to repeal= a abroga, a revoca, a anula
to retire= a se retrage, a se pensiona
to set-set- set= e expune
Treasury= ministru de finante(UK)
upper= superior
1.
2.
3.
4.
5.

The many branches does the British Constitution contain ?


What are they ?
What is the legislative power?
What institution does the power of making, altering, or repealing the laws belong to ?
How many parts has Parliament?

6. What are they ?


7. Whom does the monarch represent ?
8. In what capacity does the monarch represent the people ?
9. Where does the real power lie ?
10. What is the House of Commons also called?
11. Of how many does the House of Commons consist?
12. What are Members of Parliament called for the short ?
13. What do Mps represent ?
14. How many members does the House of Lords contain ?
15. What is the House of Lords also called?
16. What kind of Lords are there on the House of Lords ?
17. How many archbishops are there in the House of Lords ?
18. How many bishops are there in the House of Lords ?
19. What church do the archbishops and bishops in the House of Lords belong to ?
20. What are the Lords temporal ?
21. Who can convoke ,prologue, or dissolve Parliament ?
22. What is the full duration of Parliament?
23. When can a bill become law?
24. Has the royal assent ever been refused to measures that have passed both Houses of Parliament?
25. What are the key principles of the Constitution of the United Kingdom ?
UNIT

THE BRITISH LEGAL SYSTEM (I)


1. The Law and the Church are powerfully interlocked with the history of Britain. Both judges and
bishops sit in the House of Lords and are honoured with ancient titles.Both reached a climax of
fame in Victorian times. Both have been intensely conservative and resistant to change- as their
votes in the House of Lords showed.
2. The Victorian prestige of the law is expressed in the Royal Courts of justice, built in 1880 when
the legal profession was at its height. A broad doorway leads into a fake-medieval hall, like a
stripped-down cathedral, adorned with big black- letter notices announcing Lord Lord Justices
Court or Wash and Brush Up. Ordinary dark-suited men carrying blue or red bags walk into a
room by the entrance, and emerge a few minutes later solemnly wearing horse-hair or nylon wigs
and flowing gowns.
3. The conservatism of English lawyers is reinforced by their strict division into solicitors and
barristers-found only in New Zealand, South Africa, New-South Wales and Great Britain. Only
solicitors are allowed to deal directly with the public. They perform all routine business, but
when they have to take a case to the central courts, they must employ a barrister to plead.

WORDS AND PHRASES


Appropriate= corespunzator, adecvat
Articles=contract
As= dupa cum, asa cum
Barrister= avocat pledant
Chancery= Cancelaria, tribunalul prezidat de Lordul Cancelar
clerkship= functia de functionar
climax= apogeu
depending upon in functie de

exclusive- exclusiv, exclusivist


fake- fals, fictive
flowing fluturator
gown roba
graduate absolvent
Lord Chief Justice Presedintele Inaltei Curti de Justitie
notice- anunt, avertisment
prospective- potential, posibil
solicitor- avocat nepledant (sau pledant numai in instante)
standing- vechime,durata
suitable potrivit
to article- a angaja (prin contract)
to attend a asista, a frecventa (cursuri)
to deal dealt-dealt-- a avea de-a face cu
to emerge a aparea
to employ- a angaja
to interlock a impleti
to perform a efectua
to reinforce a intari, a consolida
to strip- stripped- down a demola, a darama
wig peruca
UNIT
THE BRITISH LEGAL SYSTEM (II)
1.A barrister is required to have reached an accepted educational standard, to have passed the legal
examinations conducted by the Council of Legal Education and to have become a member of the Inns of
Court. A barrister with a substantial junior practice may apply to the Lord Chancellor for a patent appointing
him Queens Counsel.- a proceeding known as taking the silk. Most higher judicial appointments are made
from common barristers who have become Queens Counsels. The professional conduct of a barrister is
subject to the scrutiny of the General Council of the Bar; but disciplinary powers are vested exclusively in the
Senate of the Inns of Court.
2. A prospective solicitor must be considered suitable by the appropriate committee of the Law Society (the
professional organisation of solicitors) and he must enter into articles of clerkship with a practicing solicitor
of not less than five years standing before he ca begin his professional carrier. The term of articles lasts for
three or five years, depending upon the educational qualifications of the student. An articled clerk must pass
the necessary examinations held by the Law Society and unless he has been a barrister or is a law graduate of
a university he is generally required to attend a course of studies at a recognized school. Once a solicitor is
qualified, he may become a member of the Law Society.
4. Half the barristers in Britain work in one of the four Inns of the Court Grays Inn, Lincolns
Inn, the Middle Temple and the Inner Temple. The oldest and richest of them is the Inner Temple
which has produced the largest number of judges. Next to it, the Middle Temple is less exclusive,
across the road, Lincolns Inn is almost entirely frequented by Chancery lawyers , while Grays
Inn, the newest of them, is known for its numbers of provincial barristers.
(adapted from Anthony Sampson, The New Anatomy of Britain, Hodder and Stoughton,1971)
WORDS AND PHRASES
accepted acceptat, omologat
appointment numire
appropriate adecvat, corespunzator
bar barou
articles contract de angajare

Chancery Cancelaria,tribunalul Lordului Cancelar


clerkship statut de functionar
conduct conduita, comportament
Counsel consilier juridic(AE), avocet
depending upon - in functie de
graduate- absolvent
Inns of Court- Baroul de la Londra
junior junior, mai tanar, inferior in grad
legal legal, de drept
once- odata ce
patent brevet, diploma
practice- practica, clientela (a unui doctor,avocat)
proceeding procedura
recognized part recunoscut, cu renume
required cerut, necesar
scrutiny scrutiny, examinare, analiza
standing vechime, durata, traditie
subject to supus la, pasibil la
suitable potrivit
to apply applied- a apela la , a recurge la
to appoint a numi
to attend a asista la
to article- a angaja prin contract
QUESTIONS
1.What kind of educational standard is a barrister required to have reached?
2. What is he required to have passed?
3. Whom are the legal examinations conducted by?
4. What is a barrister required to be?
5. Who may apply to the Lord Chancellor for a patent appointing him Queens Counsel?
6. What is the proceeding of being appointed Queens Counsel known as?
7. What is a professional conduct of a barrister subject to?
8. What are the disciplinary powers vested in ?
9. By whom must a prospective solicitor be considered suitable ?
10. What is the Law Society?
11. What must a prospective solicitor enter into?
12. What does a solicitor become once he is qualified?
13. Where do half of the barristers in Britain work?
14. What is the oldest and richest of the four Inns of Court?
15. What institution has produced the largest number of judges in Great Britain?
16. Is the middle Temple as exclusive as the Inner Temple?
17. By whom is Lincolns Inn almost entirely frequented?
18. What is the newest of the four Inns of Court?
19. What is Grays Inn known for?
UNIT

THE BRITISH LEGAL SYSTEM (III)


1. When the police believe that somebody has committed a crime, they arrest that person and the
case is then heard in court, and treated as a criminal case. The courts also deal with civil cases,
where no crime has been committed, such as cases of divorce or disputes over property.

2. Less serious criminal and civil cases are dealt with in that Magistrates Courts, where there is no
jury but a case is usually heard by two or three magistrates. Most magistrates, also known as
Justice of the Peace (JPs), work part-time and are not paid. They are given some training but do
not need legal qualifications. A clerk of the court advises them on the law. When they have heard
a case, the magistrates reach a verdict and where necessary decide what the punishment should
be.
3. Magistrates also decide what should happen to somebody between the time they are arrested and
the time when the case is heard in court. They may grant bail (allow the person to be free until
the trial, if a sum of money is paid) or remand her or him in custody (keep the person in prison
until the trial).
4. More serious cases are heard by judges in the crown courts (for criminal cases) or the county
courts (for civil cases). In civil cases, and in cases where the defendant has pleaded guilty, the
judge sits alone, without a jury, and after hearing the case, makes a decision, or judgement.
5. If the person accused of a crime pleads not guilty, he or she is tried before a jury. When the
evidence has been heard, the judge goes over the facts (the summing-up) and explains the law to
the jury. If they find the accused guilty, the judge passes sentence, that is, decides what the
punishment should be.
6. Solicitors are lawyers who do legal business for individuals and companies and also act as
advocates, representing clients in court.
7. Barristers used to be the only lawyers allowed to appear as advocates in the higher courts. One
advocate(the Counsel for the Prosecution) tries to prove in court that the accused committed the
crime. The advocate representing the defendant (the Counsel for the Defence) tries to show that
he or she is innocent. They call witnesses and question them about the facts of the case.
8. The jury in England and Wales is made up of twelve ordinary people aged between 18 and 65.
When they have heard the evidence and judges summing-up, they retire to a special room to
decide whether to return a verdict of guilty or not guilty. If they all agree, they have reached a
unanimous verdict. If no more than two people disagree, the judge may ask for a majority
verdict. If the accused is found guilty, he or she has the right to appeal and ask for the case to be
heard by a higher court.
WORDS AND PHRASES
Counsel for the Defence - aparator, aparare
Counsel for the Prosecution- procurer
defendant - acuzat, inculpat, parat (BE- in process civil, AE- proces penal)
in court in tribunal
Justice of the Peace (JP)- judecator de pace
summing-up rezumat, rezumare
to appeal a face apel
to pass sentence- a da o sentinta
to remand in custody- a cerceta in stare de retinere
to return a verdict a da / pronunta un verdict
what the punishment should be care ar trebui sa fie pedeapsa
QUESTIONS
1. What do the police do when somebody has committed a crime?
2. Where is the case then heard?
3. What is the case treated as?
4. What do the courts also deal with?
5. What are civil cases?
6. Are there any juries in the Magistrates Courts?

7. What are most magistrates also known as?


8. Do JPs work full-time?
9. Are JPs paid for their work?
10. Are JPs given any training?
11. Do they need any qualifications?
THE U.S. CONSTITUTION AND GOVERNMENT (I)
1. The Unites States has a written constitution which sets out the principles of government.
Drawn-up in 1787, it has so far been changed and amended twenty-six times. The first ten
amendments, known together as the Bill of Rights, set down such basic rights as the freedom
of speech, of religion and of the press.
2. To ensure that no individual or group has too much power, the Constitution shares power
among three groups, the executive (the President)the legislative (Congress) and the judicial
(the courts), in such a way that each has a certain authority over the others ( a system of
checkes and balances).
3. The President represents the country as Head of State but also has real political
power.Elections for President are held every four years and no President may own office for
more than two terms.
4. Presidential candidates are chosen by the political parties either through Primaries (direct
elections) or at the state conventions or caucuses (meetings of party representatives),
depending on the state.
5. Congress consists of two houses, the Senate (to which each state elects two senators for a
period of six years) and the House of Representatives, in which the number of representatives
from each state depends on its population. Bills cannot become law until they passed by both
houses, and if they are not passed by a two-thirds majority they can still be vetoed by the
President. Bills must not conflict with the constitution.
6. The Federal government is responsible only for matters of national importance, such as foreign
affairs, trade and defence. The governments of the individual states are responsible for all other
matters.
7. The Courts .Federal judges are appointed by the President and confirmed by the Senate.The
highest court, the Supreme Court, has the power to judge whether a law passed by the
government conforms to the constitution and whether the President has acted constitutionally.
If it judges that the Presidents behaviour has been unconstitutional, he or she may be
impeached(accused of a crime against the State).
WORDS AND PHRASES
Caucus intrunire preelectorala(pentru numirea candidatilor)
checkes and balances mecanism de echilibru al puterilor
freedom of speech libertatea cuvantului
primaries primare, intrunire preelectorala pentru numirea candidatilor
so far pana acum
to draw a elabora, a redacta
to impeach a acuza, a deferi
to own a poseda
to set(set, set) down a stipula, a stabili
to share a imparti
to set(set, set) out a expune, a prezenta
QUESTIONS

1. What does the Constitution set out?


2. What are the first ten amendments known together as?
3. Why does the Constitution share power among groups?
4. What does Congress represent?
5. What institutions represent the judicial power?
6. How many houses does Congress consist of?
7. What are the houses of Congress called?
8. How many senators does each state elect?
9. How long is a term of a senator?
10. When can bills become law?
11. When can bills be vetoed by the President?
12. Who appoints Federal judges?
13. Who confirms federal judges?
14. What is the highest court called?
What power has the Supreme Court concerning a law passed by the government?
THE U.S. CONSTITUTION AND GOVERNMENT (II)
1. The President and Vice-President are both elected for a term of four-years. The President has a good deal
of authority. He has an annual salary an annual allowance for traveling expenses. The Vice-President takes the
place of the President in case a substitute is needed. Ordinarily he acts as presiding officer of the Senate without
a vote except in case of a tie.
2. The Cabinet is made up of the heads of the government departments. The members of the Cabinet are
appointed by the President with the approval of the Senate; they are his official advisers and help him in
carrying out his policies. Their term of service is generally the full four years that the administration lasts.
They are responsible to the President for their official acts, and Congress has no power to remove them.
3. Congress meets once a year in December and continues in session for several months. The upper house of
Congress is the Senate. There are two Senators for each State in the Union, elected for a term of six years.
The lower house, the House of Representatives, is composed of Representatives elected for a term of two
years. They elect a presiding officer, known as the Speaker, from among themselves. The number of
Representatives from each State is in proportion to the population, some states have only one, while others
have between 30 and 40.Members of Congress are paid an annual salary and mileage, or traveling expenses.
A bill introduced into Congress must be passed by both Houses and signed by the President before it can
become a law. The President has power to veto undesirable legislation.
4. The National Flag of the United States (called the star-spangled banner) of the stars and stripes is red,
white and blue. It has a blue rectangle in the upper left-hand corner, showing 50 white stars(one for each
State).The rest of the flag is made up of 13 horizontal stripes, alternately red (7) and white(6) representing the
original 13 States of the Union.
WORDS AND PHRASES
a good deal of mult
adviser - consilier
allowance - alocatie
banner standard
mileage kilometraj
tie egalitate
to carry out a rea;iza, a efectua
to last a dura
to remove a indeparta, a inlatura
QUESTIONS
1. How long is the term of the President and the Vice-President?

2. What financial means has the President at his disposal?


3. What does the Vice-President ordinarily act as?
4. Has the Vice-President the right to vote in the Senate?
5. What is the Cabinet made up of?
6. Who appoints the members of the Cabinet?
7. Who approves the members of the Cabinet ?
8. In what month does the Congress meet?
9. What is the upper house of the Congress?
10. How many Senators are there for each State in the Union?
11. How long is the Senators term?
12. What is the lower house?
13. What is the lower house composed of?
14. How long is the term of office of a representative ?
15. What are the conditions for a bill to become a law?
16. What is the National Flag of the United States called?
17. What are the colours of the National Flag of the United States?
18. What does the blue rectangle show?
19. What is the rest of the flag made up of?
20. What do the 13 horizontal stripes on the flag represent?

THE U.S. CONSTITUTION AND GOVERNMENT (III)


1. Constitution. The 13 free and independent States formed an alliance during the War of Independence, but
the central of the government they organized under the articles of Confederation had hardly real authority. A
convention was called by Congress in 1787 to revise the articles of Confederation. But the members , in
order to form a more perfect Union drew up an entirely new constitution instead. The constitution they
framed was ratified by all the States within a few years, but with considerable opposition and is still in force.
The constitution defines the functions and powers of the federal government. Most of its provisions regarding
personal rights are found in the amendments that they have been adopted from time to time. The United States
Supreme Court , the highest court of appeal, interprets the constitution and annuls a good many laws passed
by Congress by declaring them unconstitutional.
2. Jurisdiction. The American system of government is highly decentralized. Every one of the 50 States in the
Union is practically an autonomous republic, as far as its internal affairs go (or are concerned).The national
government, for instance has no more right to interfere with the public school system of any of the States than
it has to interfere with the schools of Bulgaria or Denmark. When a man breaks a contract or steals a horse or
forges a check or burns his neighbours house down, he has violated a State law, and the Federal government
has nothing to do with the matter. He is arrested and tried in court and punished by the local authorities under
the State law. The Federal government only has charge of matters that concern all States or at least two of
them. The national government, of course, has charge of all the postal service, immigration, the army and
navy, the collection of the customs duties and the coining of money. Each State has its own commerce
between the States and with foreign countries is regulated by federal legislation.
WORDS AND PHRASES
as far as .are concerned cat priveste

charge responsabilitate
customs duties taxe vamale
in force in vigoare (despre legi)
instead in schimb
provision prevedere
regarding privind
to break(broke, broken) a incalca o lege
to call a convoca
to coin a bate moneda
to concern a privi
to forge a falsifica
to frame a elabora
to interfere with a se amesteca
QUESTIONS
1.How many states formed an alliance during the War of Independence?
2.What did Congress call in 1787?
3.Why was that convention called?
4. What is the highest court of appeal in the country?
5.Is the American system of government centralized?

THE U.S. CONSTITUTION AND GOVERNMENT (IV)


1. Federal Territories. The Territories and Dependencies of the United States not yet organized
and admitted into the Union as States are subject in all things to the authority of the federal
government. None of them can have any local self-government unless Congress sees fit to
authorize the creation of the Territorial Legislature. There is no local legislative body elected
by the people in the District of Columbia. But even though the Territories and Dependencies
may have partial autonomy in their local affairs, they cannot take part in the national
government until they are admitted into Union as States.
2. State Governments. Each State has a written constitution and a State Supreme Court. A
governor and other executive officials are elected by the people. A Legislature composed of a
Senate and a House of Representatives makes the laws. Several States have also adopted the
initiative and referendum, a system of direct legislation by the people themselves, to control
and supplement the work of the Legislature.
3. The Counties (called parishes in Louisiana) are merely convenient divisions of the States for
administrative purposes. The county officers are elected as a rule by the voters of the county,
but they are regarded as the agents of the State government to execute the State laws. The
board of supervisors (or county commissioners) has power to levy taxes and to authorize the
expenditure of the funds of the county for maintaining roads and bridges and for the relief and
care of the poor. Court is held regularly in the court-house at the county-seat by the county
judge, or a circuit judge may hold court in several different counties, one at a time. The sheriff,
coroner, recorder of deeds, county treasurer and superintendent of schools have their offices in
the court- house. The counties are subdivided into districts called townships, towns, precincts
or supervisors districts the name varies in the different States.
WORDS AND PHRASES
Board comisie, comitet

Care- ingrijire
Commissioner- comisar
Convenient convenabil,corespunzator
Coroner medic legist, judecator de instructie
County comitat
Court-house tribunal,
Deed
act, document
Even though- chiar daca
Expenditure cheltuiala
In all things- in toate privintele
Parish parohie
Precinct circumscriptie
Recorder arhivar
Relief asistenta sociala
Seat sediu
Superintendent of schools- inspector scolar
Territories and Dependencies Teritoriile Dependente ale SUA
To hold(held, held)- a judeca, a fi in instanta
To levy(levied, levied) a percepe(impozite)
To maintain a intretine
To see fit a gasi nimerit, a crede de cuviinta
Township urbe
QUESTIONS
1.
Can Territories and Dependencies take part in the national government?
2.
When can Territories and Dependencies take part in the national government?
3.
Who elects the governor and other executive officals?
4.
What is the Legislature composed of?
5.
What system have several States also adopted?
6.
Why have several States adopted the system of direct legislature?
7.
What are some convenient divisions of the States for administrative purposes called?
8.
What are they called in Louisiana?
9.
Who are the county officers elected by as a rule?
10. What are the county officers commonly regarded as?
THE LEGAL SYSTEM IN THE UNITES STATES
1. The legal system in the Unites States is similar in many ways to the English system. One of
the main differences is the existence of the United States Constitution which is interpreted by
the highest court, the Supreme Court. The nine Supreme Court judges, who are appointed by
the President and approved by the Senate , can only be removed from office by impeachment.
2. Judges. Federal judges are also appointed for life by the President. They deal with Federal
law, which applies to the country as a whole, and with important cases involving citizens
from different states. State judges hear cases involving the law of a particular state. They
hold office for ten years and are usually elected, or confirmed in office by election.
3. The jury. The number of people who make up a jury varies from a state to state, but efforts
are made to ensure that they represent a fair cross-section of society. Both the defence and
the prosecution are allowed to reject a certain number of jury candidates. Except the minor
cases, the defendant in a criminal case has the right to be tried by a jury, and many civil cases
are also heard by a jury. In most states, the task of the jury is only to decide whether the
defendant is innocent or guilty, while it is the judge who passes sentence.

4. The attorneys, who represent clients in court, have been trained at law schools and are
licensed to practise only in certain states. If they wish to practise in a different state, they may
have to take another exam. In a criminal case, the prosecution attorney is appointed by the
District Attorney to prosecute the defendant. The defence attorney will be provided by the
Public Defenders Office if the defendant cannot afford to engage his or her own lawyer. The
prosecution may agree to charge the defendant with a less serious offence if she or he agrees
to plead guilty. This is known as plea bargaining.
WORDS AND PHRASES
As a whole in ansamblu, in totalitate
Attorney (AE) avocat al statului, mandatar
Bargaining negociere
Cross- section sectiune transversala
Impeachment acuzare a unui functionar public
In many ways in multe privinte
Plea pledoarie
Task sarcina
To afford a-si permite
To charge with a acuza de
To hold office- a detine functia
To involve a implica, a angrena
To license a autoriza
To train a pregati
QUESTIONS
1. Is the legal system in the United States different from the English system ?
2. What is one of the main differences between the two legal systems?
3. How many Supreme Court judges are there?
4. Who approves the Supreme Court judges?
5. How can they be removed from office?
6. Who appoints Federal judges for life?
7. What does Federal law apply ?
8. What cases do State judges hear?
DEPARTMENT OF JUSTICE
1. The Attorney General is the chief law enforcement officer in the United States. He represents the US in
legal matters generally, and gives advice and opinion when requested by the President or by executive
department states.
2. While the President has a special counsel, the White House also calls on the Attorney General for legal
advice, particularly on bills and resolutions passed in Congress and sent to the chief executive for his
signature. The President also call on the Attorney General for legal opinions concerning the exercising of
special emergency powers. This was particularly true during World War II and in the two years that
followed.
3. The Attorney General has a wide discretion about what laws to enforce and about what actions he will
regard as violations of the law. His decision will not me made without reference to the policies of the
President and those in turn are strongly influenced in politics.
4. With all the political forces that influence the interpretation of the Constitution and the laws , from the
choices of the Attorney General to the personalities of the Supreme Court justices, the law is evidently not
the simple block granite that the layman might wish he could have under his feet. The law, in fact, is less
certain today than it was thought to be in 1787.

5. The Solicitor General is the second ranking officer of the Department of Justice assuming the
duties of 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 US in state
courts or elsewhere.
6. The main unit of the Justice Department is the Federal Bureau of Investigations.(FBI). The
Bureau is in effect an intelligence agency for the Justice Department, gathering information
on criminal matters which come within the jurisdiction of the Department. Functions of the
FBI include the investigation of espionage, sabotage and matters pertaining to the internal
violations of approximately 100 Federal statutes. The FBI deals with kidnappers, bank
robbers and many other violators of Federal law, and is active in counterespionage. It does
field work of investigating the loyalty of Government employees. Other secret services,
located in the Treasury, pursue counterfeiters, smugglers, narcotics traders, income tax
dodgers.
All such persons when caught are prosecuted in Federal courts by the Department of Justice or the local US
attorneys under its supervision.

WORDS AND PHRASES


chief - principal
enforcement aplicare a legii, punere in vigoare
to request a cere, a ruga, a solicita
emergency urgenta
to enforce a aplica
in turn la randul lui /lor
choice alegere
enduring durabil, rezistent
layman profane, necunoscator
request rugaminte, cerere
elsewhere altundeva, aiurea
intelligence informatii
to gather a strange, a aduna
to pertain a apartine, a tine de
alleged a pretins
kidnapper rapitor
robber hot, jefuitor
field work munca/ activitate de teren
to pursue a urmari
to request a cere,a ruga
counterfeiter- falsificator
smuggler - contrabandist
trader comerciant
dodger eludator(al legii), evazionist fiscal
QUESTIONS
1. Who is the chief law enforcement officer in the United States?
2. What does the Attorney General represent for the United States?
3. What does he give when requested by the President or the executive-department heads?

4. Whom does the White House call on for legal advice?


5. What is the main unit of the Justice Department?
6. What is the Federal Bureau of Investigation in effect?
7. What information does the FBI gather?
8. What does the FBI also deal with?
9. What is the FBI also active in?
10. Are there any other secret services?
11. Where are they located?
12. Whom do they pursue?

THE SYSTEM OF COURTS IN THE UNITES STATES (I)


1. The judicial branch has the responsibility of judging the constitutionality of acts of law.
2. According to Article of the Constitution, the judicial power of the US shall be vested in one of
the Supreme Court and in such inferior courts as the Congress may from time to time ordain or
establish.
3. There are about 100 Federal courts throughout the country, final authority resting in the US
supreme Court.
4. The US Supreme Court is the highest tribunal in the Unites States . It includes a Chief Justice
and eight associate justices. They are all appointed by the President and approved by the
Senate.
5. Under the Constitution the Supreme Court has original jurisdiction (ie it is the court in which
proceedings may be thought in the first instance) in cases affecting ambassadors, other public
ministers and consults in cases in which a state is a party. In all other cases coming within the
judicial power of the US, the Supreme Courts jurisdiction is only appellate and is subject to
exceptions and regulations by Congress.
6. The Supreme Court cannot alter the Constitution. The Courts function is to interpret the
Constitution, not to alter or modify it.
7. The Supreme Court meets on the second Monday in October for a session which generally
extends through to July.
8. The Supreme Court is made up of lawyers who had long and successful experience before they
were appointed to the Court.
9. Not all were judges or lawyers in the private practice. A Supreme Court justice may have been
a senator, an Attorney General, a teacher in a law school, or even the administrator of an
agency that acts like a court. The typical justice is promptly appointed at about the age of fifty
and will live from twenty to forty years on the court. He is therefore likely to be somewhat
elderly and also to have lived in close contact with the political world of the previous
generation.
10. Besides the US Supreme Court there are various other Federal Courts, including the district
courts of appeals.
11. The Federal courts and the regulating agencies that act somewhat like courts, apply the law to
particular cases, but they do far more than that. For the words of the written law cannot be all
the law. New cases arise, and the law must be with them. Sometimes Congress passes new laws
to deal with the new cases.
WORDS AND PHRASES

appellate de apel
close strans
elderly varstnic
likely probabil (cu vb pus la viitor)
on the court in tribunal
proceedings process(e)
somewhat intrucatva, oarecum
therefore prin urmare
through to pana in (inclusiv)
throughout in tot
to arise (arose, arisen) a parea, a se ivi
to ordain a meni, a statornici
to rest a rezida, a se sprijini, a se afla in

QUESTIONS
1.
What responsibility has the judicial branch ?
2.
According to which article of the Constitution the judicial power of the US shall be vested in
one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish?
3.
How many Federal Courts are throughout the country ?
4.
What does final authority rest in ?
5.
What is the highest tribunal in the US?
6.
What justices does it include ?
7.
Who are they appointed by?
8.
Who are they approved by ?
9.
What does original jurisdiction mean ?
10. Can the Supreme Court alter the Constitution ?
11.
THE SYSTEM OF COURTS IN THE UNITES STATES (II)
1. The Courts of Appeals were organized to relieve the Supreme Court of pressure resulting from
the accumulation of appellate cases. In general theses courts have final jurisdiction over the
great mass of litigation not involving constitutional questions. Parties from different states have
their case heard in a high Federal Court without going to the Supreme Court.
2. A US Court of Appeals generally three judges.(The Chief Justice and associate justices of the
Supreme Court are authorized to assign additional circuit court judges to such courts as may
need them).
3. A Court of Appeals accepts the facts sent up to it by the lower courts and therefore does not
need a jury. Its work is to decide on disputed questions of law. As a rule the Court of Appeals
sits with three judges together on the bench. This courts principle duty is to protect the
Supreme Court from routine cases of no political importance. Its decision may be so clear and
well grounded that the Supreme Court will refuse to go into the question further, in which case
the Court of Appeals has stated the supreme law of the land, at least for the exact
circumstances of the case.
4. The inferior courts in the federal system have somewhat less political importance, since their
principal duty is to settle routine cases where no constitutional question is at stake. At the
ground level are the District Courts with about 200 district judges scattered over the United

States. These courts handle both civil and criminal cases that come under the jurisdiction of the
Federal laws.
5. The District Courts have original jurisdiction in nearly all cases. That is, they collect the facts.
The district court is the only Federal court where trials are held, juries are used, and witnesses
are called. Criminal cases are tried by a judge sitting with a jury whose duty is to hear the
evidence, the speeches of prosecuting and defending counsel, the remarks of the judge and
reach a unanimous decision as to whether the accused is guilty or not of a crime he is charged
with(of the crime charged to him). Under the common law, a trial jury must consists of twelve
persons and their decision must be unanimous. The national government and many states
authorize trial by less than twelve in certain cases and a decision by less than a unanimous
vote. Generally the jury is to judge of the facts, though some states permit the jury to
determine the law and the punishment as well as the facts.

WORDS AND PHRASES


as a rule de regula
as to in ce priveste
at stake in joc, in discutie
bench banca ; scaun judecatoresc
common law drept cutumiar ; jurisprudential
defending counsel aocatul apararii
further mai departe; mai mult; in plus
ground level nivel de baza
grounded motivat, intemeiat
litigation litigiu
prosecuting counsel avocatul acuzarii
somewhat oarecum, intrucatva, putin, nitel
to assign a desemna ; a atribui
to be to a trebui sa, a urma sa
to charge with a manui, a manipula, a trata
to involve a implica, a angaja
to judge of a judeca in privinta
to relive a usura
to scatter a imprastia
to settle a rezolva
QUESTIONS

THE SYSTEM OF COURTS IN THE UNITED STATES ( III)


Each state has at least one district court; a few have as many as four. District courts are also found in
Washington, DC and the territories of Puerto Rico, Guam, the Virgin Islands, and the Panama Canal Zone.
Each court has from one to twenty-four judges, depending on the volume business, but each judge holds
court separately. Certain cases are heard by a three-judge panel. All judges are appointed for life terms by
the President with the Senates consent except those serving in territorial courts who have eight yearsterms.

2. The bulk of judicial work in Federal courts is conducted by the district courts. About 100,000 cases a year
are tried, mostly civil cases involving such matters as admiralty law, bankruptcy proceedings, civil rights
and postal laws.
3. The parties may appeal the decision either on the ground that the court made an error in concluding the
trial, or on the ground that the law is unconstitutional. The appeals go up to the middle layer of Federal
Courts, the circuit Courts of Appeals.
4. Outside the three-layer Federal court system there are a number of special courts, such as the Court of
Customs and Patent Appeals.The special courts have been established to handle cases that are difficult for a
judge to understand unless he devoted his whole time to this one type of problem. The special courts are on
a borderline between strictly judicial courts and the administrative agencies with practically judicial powers
Through the government regulates certain kinds of business.

5. In the Unites States, the judiciary (which is a collective term for courts and judges)is divided into the
national(federal) and the state judiciary. Each is independent of the other with the exception that the Unites
States Supreme Court may, under special circumstances involving federal questions, review a state court
decision. Jurisdiction of particular courts or judges is by either the national or state constitutions and laws.
6. The states al have their own courts, a Supreme Court, superior courts, local courts. Some states have
courts of small claims.
7. The State courts are set up in a system that looks like the system of Federal courts, with a Supreme Court
at the top that has the power to declare State laws unconstitutional. The State courts, however, deal with a
different kind of law. Whereas the Federal courts speak mainly of what they find in the Federal Constitution,
the State courts rest upon all the law there is, except what has been delegated to the Federal Government.
Some of the State law is found in the State Constitution and the statutes passed by the legislature. But a
large part of it is the common law of England, inherited and adapted by court decisions to the conditions and
moral judgements of the American people. In Louisiana much of the inherited law is French, brought down
from the code Napoleon.
8. In most of the States the lowest courts are the magistrates or police courts, where the judge or magistrate
(the justice of the peace) can send a drunk to jail for thirty days, or fine a motorist for speeding, without the
aid of a jury. Some of the states have special traffic courts, probate courts or other special courts among their
courts of small claims. The magistrate (the judge of the lowest court) may also have authority to receive a
man accused of murder and decide whether to hold him for trial in a higher court.
WORDS AND PHRASES
admiralty Ministerul Marinei
admiralty law dreptul maritim
aid ajutor
as many as four chiar patru; patru in cap, patru cu totul
at least cel putin
bankruptcy bancruta, faliment
borderline linie de granite
consent consimtamant
courts of small claims tribunal pentru actiuni minore
customs- vama
judiciary magistratura, corpul judecatoresc
layer strat, nivel
mainly in principal
motorist automobilist
on the ground that pe temeiul ca
panel panel ;complet de judecata

speeding depasire de viteza


statute statut; lege; ordonanta
the bulk of majoritatea
to conclude a incheia
to hold court a judeca
to rest upon a revizui, a reexamina
to review- a revizui; a reexamina
to set up institui
whereas in timp ce
QUESTIONS
1. How many district courts ha each state ?
2. How many district courts have a few states ?
3. Where are district courts also found ?
4. How many judges has each court ?
5. What does the number of judges depend on ?
6. Do the judges hold court together ?
7. By how many judges are certain cases heard ?
8. Who are all judges appointed for life terms by ?
9. With whose consent are they appointed ?
10. How long are the terms of those serving in territorial courts ?
11. By what courts is the bulk of judicial work in Federal court conducted ?
12. About how many cases a year are tried ?
13. What kind of cases are those involving such matters as admiralty law, bankruptcy proceedings,
civil rights and postal laws ?
14. On what round may the parties appeal the decision ?
15. Where do the appeals go ?
16. What is the middle layer of the Federal courts ?
17. What is the purpose of the special courts ?
THE SYSTEM OF COURTS IN THE UNITED STATES (Summary )
1. There are two separate court systems in the United States- federal and state. Federal courts hear
criminal and civil cases involving federal law or cases involving parties from different states
when the amount in dispute is more than $ 10,000. Federal trial courts are known as US District
Courts. If you lose a trial in the US District Court, you may be able to appeal to the US Circuit
Court of Appeals in your region. The court of final appeal is the US Supreme Court.
2. Most state court systems resemble the federal courts in structure and procedure. The state trial
courts are called superior county courts, district courts or municipal courts, depending on the
state. State courts are often specialized to deal with specific areas of law, such as family, traffic,
criminal probate and small claims.
3. Family or domestic relations courts may hear all actions involving divorce, separation and child
custody or cases involving juveniles and intrafamily offenses (fights within families).Sometimes
cases involving juveniles are heard in a special juvenile court. Traffic courts hear all actions
involving violations while driving a motor vehicle. Criminal courts hear all cases involving
violations of laws for which a person could go to jail. Frequently criminal court cases are divided
between felony and misdemeanour cases. Probate courts handle cases involving wills and claims
against the estates of persons who die with or without a will. Small claims courts hear cases
involving small amounts of money, individuals may bring cases here without lawyers and the
court fees are low.
4. If you lose your case in the trial court, you may appeal to an intermediate court of appeals, In
some states, the appeal goes directly to the state supreme court. If a state supreme court decision

involves one state law, it can be appealed to no further. Each states highest court has the final
say on interpretation of the state laws and the state constitution. If a state supreme court decision
involves some federal law or constitutional issue it can be appealed to the US Supreme Court.

WORDS AND PHRASES


amount cantitate
appeal apel
area domeniu, arie, suprafata
case caz, cauza, proces
claim actiune judecatoreasca
county comitat, tinut
court tribunal, instanta
court of appeals (AE) curte de apel
criminal penal
custody paza, custodie
depending on in functie de
dispute disputa; litigiu
domestic domestic, casnic
estate avere, proprietate
fee taxa, onorariu
felony infractiune, incendierea, spargerea, furtul calificat, asasinatul,infractiune indreptata impotriva
ordinii de stat
fight cearta, lupta, bataie
highest suprem
individual individ, persoana
involve a implica, a angaja
issue chestiune, problema, act, litigiu
it can b appealed no further nu se mai poate face apel la el/ea
jail inchisoare
juvenile tanar, adolescentin
known as cunoscut sub numele de
lawyer avocet, jurist
misdemeanor AE/misdemeanour(BE)- delict (juramant fals, escrocheria, calomnia,nesupunerea, conspiratia)
in USA un delict care atrage doar privatiunea de libertate
most systems- majoritatea sistemeler
motor vehicle autovehicul
offense (AE) offence(BE)- ofensa, contraventie
party parte la un contract, process
probate de validare
to appeal to a apela, a face apel la
to bring a case a intenta un process
to deal with a se ocupa cu
to handle a manui, a trata
to have the final say a avea ultimul cuvant
to resemble a semana cu
trial - judecata
violation violare, incalcare a legii

will testament, vointa


within in , din,
QUESTIONS

STEPS IN A TRIAL
The following is a short explanation of the steps in either a criminal or a civil war.
1. Opening Statement by Plaintiff or Prosecutor Plaintiffs attorney (in civil cases) or
prosecutor(in criminal cases) explains to the trier of fact the evidence to be presented as proof of
the allegations (unproven statements) in the complaint or indictment.
2. Opening statement by Defense Defendants attorney explains evidence to be presented to
deny the allegations made by the plaintiff or prosecutor.
3. Direct examination by Plaintiff or Prosecutor Each witness for the plaintiff or prosecution is
questioned. Other evidence (e.g. Documents, physical evidence) in favour of the plaintiff or
prosecution is presented.
4. Cross examination by Defense - The defense has the opportunity to question each witness.
Questioning is designed to break down the story or to discredit the witness in the eyes of the jury.
5. Motions if the prosecutions or plaintiffs basic case has not been established from the
evidence introduced, the judge can end the case by granting the defendants motion to dismiss (in
civil cases) or by entering a directed verdict (the criminal cases).
6. Direct Examination by Defense Each defense witness is questioned.
7. Cross-Examination by Plaintiff - Each defense witness is cross-examined.
8. Closing Statement by Plaintiff - Prosecution or plaintiffs attorney reviews all the evidence
presented (noting uncontradicted facts), states how the evidence has satisfied the elements of the
charge and asks for a finding of guilty(in criminal cases) or for the plaintiff (in civil cases).
9. Closing Statement by Defense Same as closing statement by prosecution/ plaintiff. The
defense asks for a finding of not guilty (in criminal cases) or for the defendant (in civil cases).
10. Rebuttal Argument Prosecutor or plaintiff the right to make additional closing arguments.
11. Jury instructions - Judge instructs jury as to the law that applies in the case.
12. Verdict In most cases, a unanimous decision is required one way or other. If the jury cannot
reach a unanimous decision, it is said to be a hung jury, and the case may be tried again.
WORDS AND PHRASES
allegation afirmatie nedovedita , ca mijloc de aparare
argument argument,controversa, pledoarie
attorney avocet, mandatar,procuror(AE)
charge acuzatie, vina
complaint plangere, reclamatie
cross-examination- interogatoriu contradictoriu (luat de avocatul partii opuse)
defendant acuzat, inculpate, parat
directed verdict verdict dirijat/ indrumat
evidence marturie, proba orala, depozitie, dovada
finding constatare
finding of guilty constatare a vinovatiei
guilty vinovat
hung jury juriu neunanim, juriu cu decizie neunanima

indictment by public prosecutor- rechizitoriu de punere sub acuzare


indictment act de acuzare, incriminare
motion- motiune, propunere
motion to dismiss cerere in procedura de urgenta pentru respingerea actiunii reclamantului
opportunity ocazie, prilej
plaintiff reclamant
proof proba, dovada
prosecution- acuzare, urmarire judiciara
prosecutor- procuror, acuzator
rebuttal dovada contrarie
statement of defense(AE)/ defence (BE) intampinare
to break down a demonta, a demola
to deny- a dezminti, a dezavua
to design a meni, a destina, a proiecta
to dismiss- a respinge actiunea, a refuza audierea
to grant a acorda
to review a revizui, a trece in revista
to try a judeca
trier judecator, magistrate
unproven nedovedit
witness for the defense/defence (BE) martor al apararii
witness for the prosecution- martor al acuzarii

QUESTIONS
1.How many steps are there in a trial and what are they?
2. In the opening statement by plaintiff, in civil cases, who explains to the trier of fact the evidence to be
presented as proof of the allegations in the complaint or indictment?
3.In the opening statement by prosecutor, in criminal cases what does the prosecutor explain to the trier of
fact ?
4. What are allegations ?
5. In opening statement by defense, who explains evidence to be presented to deny the allegations made
by the plaintiff or prosecutor?
6a. In the direct examination by plaintif or prosecutor, who is questioned?
6b. What other evidence in favour of the plaintiff or prosecution is presented ?
8a. In the cross-examination, who has the opportunity to question each witness ?
8b. What is questioning designed to do ?

STATE AND FEDERAL CRIMES


1. There are both state and federal criminal laws. Simple assault disorderly conduct, drunk driving or
shoplifting are prosecuted only
2.
WORDS AND PHRASES

abetting incitare, instigare(la o infractiune)


accessory after the fact complice posterior infractiunii
accessory before the fact - complice anterior infractiunii
accessory complice
accomplice complice
aiding and abetting complicitate (ajutor si instigare)
assault asalt, atac, agresiune
bystander martor,(ocular) spectator, privitor
capture prindere, captura,capturare
criminally din pdv penal
disorderly conduct comportament turbulent, incalcare a moralei si ordinii oublice
drunk driving conducere auto in stare de ebrietate
escape fuga, scapare, evadare
failure esec
failure to act inactiune
fraud inselaciune, escrocherie
getaway fuga, evadare
Good Samaritan Laws legile Bunului Samaritean
imprisonment inchisoare, intemnitare
involvement implicare
lifting hotie
mail posta, corespondenta
motorist automobilist
murder omor
principal autor principal
punishable care poate fi penalizat
robbery jaf
shoplifting furt/ hotie
simply simplu, pur si simplu
smuggling contrabanda
tax impozit
to abet-abetted a incita, a instiga
to aid a ajuta
to avoid a evita
to charge with a acuza de
to endanger oneself a se periclita, a se pune in pericol
to fail to stop a nu se opri
to fire a gun a descarca o arma
to harbour(BE), harbour (AE) a acorda azil / adapost
to hire a inchina, angaja
to obstruct a obstructiona
to occur a se produce, a avea loc
to perform a executa, a efectua
to prosecute a urmari in justitie, a urari pe cale judiciara
to provide a oferi, a da, a furniza
to relieve from a usura de, a scuti de
to report a raporta, a informa
to require a cere, a pretinde
underworld lumea interlopa

whatever orice (fel de )


QUESTIONS
1. What criminal laws are there ?
2. In what court are simple assault, disorderly conduct, drunk driving or shoplifting prosecuted ?
3. In what court are the crimes mentioned above prosecuted if they occur on federal property ?
4. What crimes can be prosecuted only in federal court ?
5. What are crimes that violate both state and federal law prosecuted ?
6. What is a crime for which the penalty is imprisonment for more than one year ?
7. What kind of crimes are felonies ?
8. What is a crime for which the penalty is imprisonment for one year or less?
9. What are minor traffic violations considered ?
10. Are minor traffic violations punishable by law ?
11. What do most Good Samaritan laws relieve bystanders from when they help people in danger ?
12. What do several new state laws require witnesses to do ?
13. What does this simply mean in the case of a violent crime?
14. What is a person who commits a crime called ?
15. What example of a principal is given in the text above ?
16. What is someone who helps another person to commit a crime ?
17. What example of an accomplice is given in the text above ?
18. What may an accomplice be charged with ?
19. What is a person who orders a crime or who helps the principal commit the crime who is not
present known as?
20. What example of an accessory before the fact is given in the text above ?
21. What can an accessory before the fact be charged with ?
22. What punishment can an accessory before the fact receive ?
23. What is a person who helps the principal to avoid capture or escape ?
24. What may an accessory after the fact be charged with ?
25. What is such a crime sometimes called ?
26. When is a person guilty of a crime of omission ?
27. Must that person be physically able to perform the required act ?

PRELIMINARY CRIMES
1. Certain types of behaviour take place before the commission of a crime but are nevertheless complete
crimes in themselves. These offenses solicitation, attempt, and conspiracy- give the police the opportunity
to prevent the intended crime. Each offense can be punished even if the harm intended never occurred.
2. Solicitation
A number of states make it a crime for a person to solicit (e.g.ask, command, urge, advise)
WORDS AND PHRASES
a poor shot un slab tintas
actual real, efectiv
agreement acord, intelegere, invoiala
attempted murder incercare de omor

commission comitere
conviction - condamnare
draft recrutare
evasion evadare, eludare
harm vatamare, paguba
means mijloc,
mere- simplu
neighbourhood vecinatate, cartier, apropiere
nerve tarie (sufleteasca)
nevertheless- totusi, cu toate acestea
overt act act manifest
overt (adj) evident, clar
publicly in mod public
rally intrunire
solicitation- solicitare
threat to amenintare
to accomplish a realize, a indeplini
to advise a sfatui
to agree to- a fi de acord
to cite a cita
to criticize- a critica
to lack a lipsi
to miss a-i scapa
to prevent a preveni
to strike against a lovi, a da in
to take a step- a face un pas
to urge a indemna

UNIT 24
CRIMES AGAINST THE PERSON
1. Crimes against the person include homicide, assault, battery and rape. All of those are serious offenses.
However, the law protects the defendant by defining the various levels of these crimes and by considering the
circumstances of each offense.
2. Homicide the killing of one human being by another- is the most serious of all acts. Homicides may be
either noncriminal or criminal.
3. Noncriminal homicide Some homicides are not crimes at all. Noncriminal homicide is a killing that is
justifiable or excusable and for which the killer is deemed fautless , such as the killing of an enemy soldier in
wartime, the killing of a condemned criminal by an executioner, the killing by a police officer of a person who
is committing a serious crime and who poses a threat of death or serious harm and killing in self-defense.
4. Criminal Homicide. Murder, the most serious form of criminal homicide, is a killing that is done with
malice, i.e. with intent to kill or seriously harm. To reduce the punishment for less grievous homicides, most
states now have statues that classify murder according to the killers state of mind of the circumstances
surrounding the crime.
5. First-degree murder is a killing that is predetermined, deliberate and done with malice.

6. Second- degree murder is a killing that is done with malice but without predetermination (ie. the intent to
kill did not exist until just before the murder itself.)
7. Felony murder is a killing that takes place during the commission of certain felonies, such as arson, rape,
robbery or burglary. Felony murder includes most killing committed during a felony, even if accidental. Most
states consider felony murder to be first-degree murder.
8. Voluntary-manslaughter is an intentional killing committed under circumstances that mitigate (lessen) but
do not justify or excuse the killing. Manslaughter is based on the idea that even the reasonable person may
lose self-control and act rashly is sufficiently provoked.
9. Involuntary manslaughter is an unintentional killing resulting from conduct so reckless that it causes
extreme danger of death or bodily injury. An example would be a killing that results from playing with a gun
known to be loaded.
10. Negligent homicide is the causing of death through criminal negligence.
11. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation that causes
harm to someone. Some states classify death by gross negligence as involuntary manslaughter. The most
common form of negligent homicide is vehicular, or automobile, homicide. This is a killing that results from
operating a motor vehicle in a reckless and grossly negligent manner. It may lead to a civil suit for damages,
but it is a usually not considered a crime unless the death results from gross or extreme negligence.
(adapted from Street law..
WORDS AND PHRASES
according to in acord cu, in functie de
arson incendiere
battery bataie
being fiinta
bodily corporal, trupesc
burglary spargere, furt
damages daune
degree- grad
executioner- calau
faultless fara vina, nevinovat
grievous grav, dureros,
gross- grav, flagrant
grossly grav,
malice premeditare, ura, vrajmasie
manslaughter omor, omor din culpa
negligent neglijent
noncriminal nepenal
rape viol
rashly nechibzuit, nesabuit,imprudent ?
reckless- nechibzuit, nesabuit,imprudent
state of mind stare de spirit
statute lege, ordonanta, act emis de parlament
suit proces, actiune judiciara
to condemn a condamna
to deem a comsidera, a socoti
to harm a dauna, a prejudicia, a pagubi
to lead,led,led- a duce la, a conduce la
to lessen- a micsora, a reduce
to mitigate a micsora, a diminua, a domoli
to operate a explata, a actiona, a functiona

to pose- a pune,a impune, a presupune


to result from a rezulta din, a decurge din
to surround- a inconjura, a incadra
unintentional- neintentionat
various- diferiti, diferite
voluntary- voluntary, premeditate
voluntary manslaughter omor premeditate
QUESTIONS
1. What are the four crimes against the person ?
2. What kind of offences are the four crimes above ?
3. The law protects the defendant in two ways. What are they ?
4. What is the most serious of all crimes ?
5. What is homicide ?
6. What kinds of homicides are there ?
7. Are all homicides crimes ?
8. What is noncriminal homicide ?
9. What is the most serious form of criminal homicide ?
10. What is murder ?
11. What is malice ?
12. What is a second-degree murder?
13. According to what do most states now classify murder ?
14. What is felony murder ?
15. What is voluntary manslaughter ?

1.
2.
3.

4.
5.

UNIT 25
CRIMES AGAINST PROPERTY (I)
The category of crimes against property includes crimes in which property is destroyed and crimes
in which property is stolen or otherwise taken against the will of the owner.
Arson is the willful and malicious burning of another persons property, whether owned by the
accused or not. Moreover, any property that is burned with the intent to defraud an insurance
company is usually a separate crime.
Vandalism, also known as malicious mischief, is the willful destruction of, or damage to, the
property of another. It includes such things as breaking windows, ripping down fences, flooding
basements, and breaking off car aerials. Depending on its extent, vandalism can be either a felony
or a misdemeanor.
Larceny is the unlawful taking and carrying away of the property of another with intent to steal it.
Depending on the value of the stolen item,(more or less than $100, larceny is divided into two
classes: grand, which is a felony and petty, which is a misdemeanor.
The crime of larceny also includes keeping lost property when a reasonable method exists for
finding the owner, or if you keep property delivered to you by mistake.

6. Shoplifting is a form of larceny. It is the crime of taking items from a store without paying or
intending to pay for them. Some states have a separate crime called concealment. This is the crime
of attempted shoplifting.
7. Embezzlement is the unlawful taking of property by someone to whom it was entrusted. In recent
years, a number of states have merged the crimes of larceny, false pretenses, and embezzlement
into the statutory crime of theft.
8. Robbery is the unlawful taking of property from a persons immediate possession by force or
intimidation. In fact, it involves two harms: the theft of property and actual or potential physical
harm to the victim. The difference between robbery and larceny is the element of force used.
Robbery is almost always a felony, but many states impose stricter penalties for armed robberies.
9. Extortion, popularly called blackmail, is the use of threats to obtain the property of another.
Extortion statutes generally cover threats to do the future physical harm, destroy property or injure
someones character or reputation.
WORDS AND PHRASES
Aerial- antenna ( de radio)
Armed- inarmat
Basement- subsol
Blackmail- santaj
Burning- ardere, incendiere
By mistake- din greseala
Concealment- ascundere, dosire
Damage- paguba
Embezzlement- delapidare
Extent -intindere, masura,
Extortion- stoarcere de bani, escrocare
Fence- gard
Grand larceny- furt mare
Malicious- rauvoitor
Mischief- rau, paguba, daune, neajuns
Moreover- mai mult decat atat
Otherwise- altminteri, altfel
Petty larceny- furt mic, marunt
Pretense(AE)pretence (BE)- pretext, simulare
Statute- lege,ordonanta, act emis de parlament
Statutory- statutar, legal, reglementar
Statutory crime- crima stabilita prin lege
Store- magazine, pravalie
Strict- sever, aspru
Theft- hotie
To defraud- a escroca
To deliver- a livra, a inmana
To destroy- a distruge
To entrust- a incredinta
To impose- a impune
To merge- a combina, a fuziona, a contopi
To rip(ripped) down- a smulge
Unlawful- nelegiuit
Willful- voit, deliberat, intentionat
UNIT 26

CRIMES AGAINST PROPERTY (II)


1. Burglary- originally defined as breaking and entering the dwelling of another during the night
with intent to commit a felony, now includes the unauthorized entry into any structure with the
intent to commit a crime, regardless of the time of the day.
2. Forgery is a crime in which a person falsely makes or alters a writing or document with intent to
defraud. It can also mean altering or erasing part of a previously signed document. Uttering,
which can be a separate crime, is offering to someone as genuine a document known to be a fake.
3. Receiving stolen property is the crime of receiving or buying property that you know or have
reason to believe is stolen. Knowledge that the property is stolen may be implied by the
circumstances. If the value of the property received is more or less than $100, this is felony or a
misdemeanor.
4. Unauthorized Use of a motor vehicle. This crime is committed when a person takes, operates or
removes a motor vehicle without consent of the owner, including joyriding. A passenger in a stolen
car may also be guilty if that person had reason to believe the car was being used without
permission.
5. Computer Crime can be broadly defined as the unauthorized access to someone elses computer
system. Most of the time such action is designed to steal government or trade secrets and sell them
to business rivals or foreign government. In an effort to combat computer theft the federal
government enacted the Computer Fraud and Abuse Act of 1986; which prohibits unauthorized
access to classified government information.
6. Despite government efforts to regulate unauthorized access, computer crime continues to grow.
One of the primary problems faced by the law enforcement officials in this area involves the
prosecution of individuals not thought of as traditional criminals. Some of the so-called computer
pirates are high school and college students who break into government systems by overcoming
security passwords. People who work for corporations or the government break computer
regulatory laws when they sell information located within these systems to business rivals or
foreign governments. This is a crime even when these people have access to the system.
WORDS AND PHRASES
Broadly- in linii mari,
Burglary- spargere,efractiune
Classified- secret
Consent- consimtamant
Despite- in ciuda
Dwelling- locuinta
Enforcement- aplicare, executare
Entry- intrare
Faced by- in fata
Fake- fals
Forgery- fals, falsificare
Genuine- autentic
Joyriding- plimbare de placere
Not thought of- neconsiderat
Official- functionar
Password- parola
Previously- anterior
Primary-primordial
Reason- motiv
Regardless of- indiferent de
Regulatory- de reglementare
Structure- edificiu, constructie

To alter- a modifica
To enact- a decreta, a dispune
To erase- a sterge
To imply- a implica, a presupune
To overcome- a infrange, a birui, a trece de
To prohibit- a interzice
to remove- a indeparta
trade- comert
uttering- colportare, punere in circulatie a unui fals

1.
2.
3.
4.

5.
6.

UNIT 27
TYPES OF TORTS
There are three major categories of conduct for which tort liability exists: intentional
wrongs,negligence, and activities for which strict liability is imposed. An intentional tort occurs
when you take some action with the intent of injuring a person, his or her property or both.
In many instances intentional torts are also crimes. In these cases, the defendant can be prosecuted
by the state as well as sue by the plaintiff. However, punishing a criminal does not usually make up
for the harm to the victim. A civil tort action is used to recover monetary damages.
The most common tort is negligence. Negligence liability results when a persons failure to use
reasonable care causes harm.
Strict liability differs from both negligence and intentional wrongs. It applies when the defendant
is engaged in an activity so dangerous that there is a serious risk of harm even of he or she with
utmost care. In a strict liability case, the plaintiff can automatically recover from the defendant.
There is no need to prove that the defendant was either negligent or intended to cause harm in
order to recover damages. Demolishing buildings is so dangerous that contractors are
automatically responsible if a passerby is injured. It is argued that persons involved in dangerous
activities will take more precautions if they know they are automatically responsible for injuries.
Strict liability can also be used when a person is harmed by dangerous animals (in some cases by
pets, too). Consumers now use it when they sue manufacturers or sellers for an injury caused by an
unreasonably dangerous product that is defective.
Remember that not all injuries to you or your property will lead to a recovery under tort law. In
some instances, harmful behaviour may not be a tort, or the person causing the harm may have a
legal defense to a tort action. In still other cases, the defendant may be liable but may simply be
too poor to pay for the harm to the plaintiff.

WORDS AND PHRASES


Care - ingrijire,atentie
Contractor- antreprenor
Damages- daune
Defective- defectuos
Harmful- daunator
Instance- caz
Liability- raspundere,
Liable- raspunzator, responsabil
Manufacturer- fabricant, producator
Passerby- trecator
Argue- a sustine, a afirma
Demolish- a demola, a darama

Harm- a dauna, a leza, a vatama


Recover- a recupera, a redobandi
Sue- a da in judecata, a actiona
Take an action- a intreprinde o actiune
Tort- prejudiciu, paguba
Under-in conformitate cu, in conditiile
Utmost- extrem, maxim
Wrong nedreptate, insulta, eroare

UNIT 28
INTENTIONAL TORTS (I)
1. Tort law is designed to protect persons and their property from harm.
2. Intentional torts occur when an action is taken to deliberately cause harm and are of two general
types: those causing injury to persons and those causing harm to property.
3. A person who proves that someone else committed an intentional tort against him or her can
recover damages to make up for the harm caused. Because the award compensates for harm caused
by the defendant, they are called compensated or compensatory damages.
4. Compensatory damages can also include past and future wages lost and pain and suffering. The
plaintiff has to prove any future losses with reasonable certainty. Juries decide how much money
will fully compensate the injured person for pain and suffering.
5. If the plaintiff can recover limited damages even when unable to prove that economic harm
occurred, they are called nominal damages, i.e. they are symbolic rather than actual
compensation.
6. In cases in which the defendants conduct was truly outrageous , courts sometimes award punitive
damages,as they also punish the defendant. They are intended to warn others not to engage in such
conduct.
7. People sued for intentional torts may not have to pay any damages at all, even though they did
exactly what the plaintiff claims and then the defendant may have legal defense.
8. Torts that injure persons
9. Assault- a threat or attempt to commit a battery that puts the victim in fear of immediate harmand battery- an act intended to cause a harmful or offensive contact with another person-can be
both crimes and intentional torts.
10. The intent required or simply the intent to bring about a result that invades the legal rights of
another person.
11. Depending on the seriousness of the injury in the case of an assault, the plaintiff can recover
damages for mental disturbance, such as fright or embarrassment, along with any physical illness
that directly results from the assault, while the damages recoverable from a battery are those for
any harm caused by the physical contact and are usually greater than for assault.
12. Defenses to intentional torts. The most common defense to a battery is consent. A defendant
using this defense argues that the plaintiff consented to the harmful contact and thus gave up the
right to sue later.
13. The consent which is simply assumed based on the particular situation is called implied consent.
In an emergency when it is impossible to sign a form, the law will assume your consent has been
given.
14. Another defense to an intentional tort is called privilege which justifies that would otherwise be a
tort. Perhaps the best-known privilege is self-defense, which allows you to defend yourself against
an attacker. Self-defense rules are similar to those in criminal laws.
WORDS AND PHRASES

Act- fapta
Along with- impreuna cu, odata cu, alaturi de
As- intrucat
Award- judecata, sentinta; adjudecare;daune-interese
Based on- pe baza, bazat pe
Certainty- certitudine
Conduct- comportament
Embarrassment- jena; dificultate
Even though- chiar daca
Fright-Frica
Fully complet, pe deplin
Loss- pierdere
Mental disturbance- deranjament psihic
Offensive- infractional
Outrageous- criminal, excesiv
Rather than- mai degraba decat
Recover damages- a obtine daune-interese
Suffering- suferinta
Assume- a presupune
Award- a adjudeca
Bring about-a produce, a provoca
Claim- a pretinde, a cere
Compensate- a compensa, a despagubi
Invade- a invada, a viola
Put in fear of- a face sa se teama de
Warn- a avertiza
Truly- cu adevarat
Wages salariu, plata
UNIT 29
INTENTIONAL TORTS (II)
1. Infliction of mental distress and false imprisonment.
Individuals are also protected against harm because they can sue for the torts of infliction of mental
distress and false imprisonment. Being able to sue for infliction of mental distress protects peace of mind.
Actual physical injury is not required for the plaintiff to recover it. However, courts do require that the
defendants conduct be quite outrageous and that the plaintiff prove extreme distress. Mere insults are not
enough to form the basis of a lawsuit for mental distress.
2. Extremely outrageous conduct by restaurants, hotels, or transportation companies can sometimes form
the basis for the tort of mental distress. These businesses and certain others have a special obligation to
deal with the public in a courteous manner.
3. Recovery for this tort is sharply limited to keep the legal system from being flooded with lawsuits
brought by persons suffering from unkind, inconsiderate acts. In addition, there is some value for a free
society in letting angry people blow off steam without fear of being sued. Among the legal defenses that
can be used are that the defendants conduct was not outrageous, that the plaintiff is overly sensitive, and
that a reasonable person would not suffer extreme distress as a result of the defendants conduct.
4. Being able to sue for false imprisonment protects a persons interest in being free from unreasonable
restraint. False imprisonment does not mean that a person must be kept in jail, or even arrested by the
police in order to recover for this tort. It occurs when someone intentionally and wrongfully confines
another person against his or her will.
5. For example, assume that a restaurant manager knows that an employee is working in the

walk-in refrigerator. The manager tells him to get out so she can lock up and go home. When he takes too
long, she shuts the refrigerator door and leaves for the night. The restaurant manager has committed the
tort of false imprisonment.
7. Suspected shoplifters sometimes sue shopkeepers who have detained them. In balancing an
individuals right to be free from confinement and a shopkeepers right to protect his or her
property from theft, the law recognizes a shopkeepers privilege to temporarily detain a person
suspected of shoplifting. However, shopkeepers must act reasonably, using no more restraint than
is necessary to protect their property.
WORDS AND PHRASES
As a result of- ca rezultat, ca o consecinta
Assume that- sa presupunem ca
Business- intreprindere
Confinement privare de libertate
Courteous- curtenitor, politicos
Inconsiderate neatent, lipsit de atentie
Infliction- pricinuire, cauzare ( a unui prejudiciu)
Lawsuit- proces judiciar
Mental distress siferinta psihica
Overly excesiv de
Peace of mind- liniste sufleteasca
Quite- cu totul, intru totul, foarte
Recovery recuperare, redobandire, revendicare
Restraint restrictie, restrangere, constragere
Sharply- net
Shopkeeper proprietar de magazine
Shoplifter hot de magazine
To balance a cantari
To blow steam a scoate fum, a spumega
To confine- a inchide, a priva de libertate
To detain- a retine
To keep from- a impiedica, a retine
To lock up a inchide
To take too long- a sta prea mult
Walk-in refrigerator- camera frigorifica
Wrongfully gresit, pe nedrept

UNIT 30
1. Tort law establishes standards of care that society expects from people.
Negligence- another sort of tort is conduct that falls below the standard established by law for
protecting others against unreasonable risks of harm.
2. For a plaintiff to win a negligence action against the defendant, each of the following elements
must be proven by a preponderance of the evidence.
1. Duty: the defendant or wrongdoer, owed a duty of care to the plaintiff, or injured person;
2. Breach of duty: that duty was violated or breached by the defendants conduct;
3. Causation: the defendants conduct caused the plaintiffs harm;
4. Damages: the plaintiff suffered actual damages

3. As in intentional torts, defendants in negligence cases sometimes have legal defenses, different
form those in intentional torts.
4. Duty and breach : you always have a general duty to exercise reasonable care toward other
persons and their property. Negligence law is primarily concerned with compensating victims
who are harmed by wrongdoers action or inaction that violates or breaches this standard of
reasonable care.
5. Causation. Once plaintiff proves that the defendant owes him or her a duty, there must be proof
that this duty was violated, there must be proof that the defendants acts caused the harm to the
plaintiff.
6. When you think about the element of causation, you must consider two separate issues: cause in
fact and legal (or proximate) cause. If the harm would not have occurred without the wrongful
act, the act is the cause in fact.
7. The more difficult part of causation is establishing legal cause. The basic idea behind legal
cause is that there must be a close connection between the wrongful act and the harm caused.
The harm caused must have been a foreseeable result of the act or acts.
8. Damages. A plaintiff who proves duty, breach ad both forms of causation still must prove actual
damages to recover in negligence action. The basic idea behind damages is that the plaintiff
should be restored to his or her preinjury condition, to the extent that this is possible to achieve
with money.
9. The reasonable person standard. When judging whether certain conduct is negligent, the law
has developed an imaginary, idealized creature- the reasonable person of ordinary prudence or
carefulness. This person acts the way a community expects its members to act.
WORDS AND PHRASES
Breach- incalcare
Carefulness- atentie, grija, consideratie
Causation- cauzare, pricinuire
Close connection- stransa legatura
Concerned with- preocupat de
Foreseeable- previzibil
Preinjury condition- starea dinaintea vatamarii
Primarily- primordial, in primul rand
Proximate- proxim
Still- totusi
To exercise care- a avea grija de
To expect from- a se astepta de la
To owe a duty of care- a datora grija
To restore- a restaura
To the extent that- in masura in care
Wrongdoer- raufacator
Wrongful- injust, culpabil
UNIT 31
DEFENSES TO NEGLIGENCE SUITS
1. People can recover from injuries when they are able to prove each of the elements of negligence
by a preponderance of the evidence. However, even when all the elements can be proven, the
defendant may be able to raise a valid legal defense.
2. One traditional legal defense is contributory negligence. This means you cannot recover from the
defendant if your own negligence contributed in any way to the harm suffered.
3. Most states now use a defense called comparative negligence. This means dividing the loss
according to the degree to which each person is at fault.

4. Another legal defense in negligence cases is assumption of the risk. This defense is used when
you voluntarily encounter a known danger and decide to accept the risk of that danger.
5. This defense also occurs when a warning is posted that gives notice of a certain danger.
6. A final series of defenses deals with defendants who are immune from some kinds of tort suits,
in some situations, society has decided that for public policy reasons certain people should not be
sued, even though their conduct may have been improper. These immunities involve suits within
families and against governments and certain government officials.
7. Today the federal government through the Federal Tort Claims Act, has agreed to be held liable
in civil actions for negligent acts or omissions by government employees.
8. The president, federal judges and members of Congress are totally immune from tort liability for
acts carried out within the scope of their duties. Other high-ranking officials, including members
of the Cabinet and presidential aides, have qualified immunity meaning that they can be sued
only if knew or should have known that their acts were violating the legal rights of another
person.
WORDS AND PHRASES
Aide consiler, asistent
Assumption asumare, acceptare, supozitie
At fault- vinovat, in culpa
Comparative negligence culpabiliatea comparata(intre cea a victimei si a agentului, pentru
stabilirea daunelor)
Contributory negligence culpabiliiatea victimei
High-ranking- de rang inalt
Improper nepotrivit, necorespunzator
Policy-politica
Qualified immunity imunitate calificata, imunitate cu rezerve
Scope- limite, sfera
Suit =lawsuit
Through- prin intermediul
To carry out- a executa, a indeplini
To give notice of- a instiinta
To post a afisa, a anunta
To raise a defense(AE)defence(BE) a lansa (o pledoarie de aparare)
QUESTIONS
1. What can people do when they are able to prove each of the elements of negligence ?
2. What is the one traditional legal defense ?
3. When is the defense used ?
4. What does a final series of defenses deal with ?
5. What authorities are totally immune from tort liability ?
6. Whom do high officials include ?
7. when can members of the Cabinet and presidential aides be sued ?
UNIT 32
INTERROGATIONS AND CONFESSIONS
1.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.
2. Balanced against the polices need to question suspects are the constitutional rights of people
accused of crime. The Fifth Amendment to the US 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 him or herself. Under the Sixth Amendment, a person accused of crime has
the right to the assistance of an attorney.

3. In 1966, in the case of Miranda vs. Arizona, Ernesto Miranda, found guilty of kidnapping and
raping, said he would not have confessed if he had been advised of his right to remain silent and of
his right to an attorney.
4. 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 questioning begins.
5. Miranda warnings
You have the right to remain silent. Anything you say can be used against you in court.
You have the right to a lawyer and to have one present while you are being present
If you cannot afford a lawyer, one will be appointed for you before any questioning begins
Failure to give Miranda warnings, does not affect the validity of an arrest. The police have to
give Miranda warnings only if they want to use statements form the accused at the trial.
The Miranda case illustrates the delicate balance between the protection guaranteed to the
accused and the protection provided to society from crime.
This balance is constantly changing. In one case, the Court ruled that if a suspect confesses
before police warn the suspect of his or her rights, the confession can be used if the suspect
later repeats it after a warning. In another case, the Court created a public safety exception
to the Miranda rule. It did this by holding that police may ask questions related to public
safety before advising suspects of their rights.
WORDS AND PHRASES
Admission admitere, recunoastere
Balance echilibru
To appoint a numi (intr-un post)
To confess a marturisi
To illustrate a ilustra
To provide with a asigura, a furniza
To require a pretinde
To result in a rezulta in, a se solda cu
To rule a decide, a dispune
To testify a depune o marturie, a face o declaratie
Under sub, in conditiile, conform
Versus- contra, vizavi de
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 at ?
4. What is balanced against the polices need to question suspects ?
5. Can a suspect be forced to testify against him or herself?
6. Under what amendment does a person accused of a crime have the right to the assistance of
an attorney?
7. What were the rights Miranda had not been advised of ?
UNIT 33
THE TRIAL
1. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him, to have compulsory process for
obtaining witnesses in his favor and to have the Assistance of Counsel for his defense.
Sixth Amendment to the US Constitution
2. Taken together, these rights make up the overall right to a fair trial.

3. Right to Trial by Jury. In fact, most criminal cases are resolved by guilty pleas before ever
reaching trial. Defendants can waive (give up) their right to a jury trial, in some states, waivers ay
occur in the majority of cases.
4. Jury panels are selected from voter registration or lists and are supposed to be generally
representative of the community.
5. Right to a Speedy and Public Trial. The Constitution does not define speedy and the federal
government and some states have set specific time limits within which a case must be brought to
trial, otherwise the case may be dismissed. Before dismissing a case, courts will consider the cause
and reasons for the delay and whether the defendant was free or in jail during the pretrial period.
6. However, defendants often waive the speedy trial requirement.
7. Right to Confront Witnesses. It means the right to confront (face-to-face) the witnesses against
the defendant and to ask them questions by way of cross examination. If the defendant becomes
disorderly or disruptive, judges have the power to remove the defendant from the courtroom, to
cite him or her for contempt of court, or in extreme circumstances, to have the defendant bound
and gagged.
8. Freedom from Self-Incrimination. This right comes from the fifth-amendment and can be
exercised in all criminal cases. In addition, the prosecutor is forbidden to make any statement
drawing the jurys attention to the defendants failure to testify.
9. Although a defendant has a right not to testify, this right can be waived. Moreover, a defendant
who takes the witness stand in his or her own criminal trial must answer all questions.
10. Related to the right against self-incrimination is the concept of immunity, which forces a witness
to answer all questions, and in exchange, the witness is granted freedom from prosecution.
11. Right to an Attorney means that in all criminal prosecutions, the accused shall enjoy the right to
..have the assistance of Counsel for his defense. Criminal defendants who can afford an attorney
are appointed one by the government free of charge. These attorneys may be either public
defenders or private attorneys.
WORDS AND PHRASES
Are supposed to be se presupune ca sunt
By way of- pe calea
Compulsory obligatoriu
Contempt of court insultare a instantei
Counsel- avocat, sfat
Courtroom- sala de tribunal
Defender aparator
Delay intarziere
Disruptive intarziere, amanare
Free of charge- gratuit
In exchange- in schimb
Jury panel- lista de jurati
Otherwise altminteri
Overall- global
Plea- pledoarie
Pretrial- dinaintea judecatii
Registration- inregistrare
Related to- legat de, corelat cu
Representative of- reprezentativ pentru
Requirement cerinta
Shall do- va face numaidecat
Ascertain- a stabili
Draw attention- a atrage atentia

To gag-gagged- a pune calus


To have bound- a dispune sa fie legat (cineva)
To have gagged a dispune sa i se puna calus cuiva
To set- a stabili
To waive a renunta a (un drept, o pretentie)
Waiver- renuntare, abandonare
Wherein unde, in care
Witness stand loc al martorului (in sala de tribunal)
UNIT 34
SENTENCING
1. The final phase of the criminal justice process begins with the sentence. Once found guilty, the
defendant will be sentenced by the judge, or in a few states, by the jury. The sentence is perhaps the most
critical decision in the criminal justice system. This is because it can determine a defendants fate for years
or, in some cases, for life.
2. Depending upon the state, judges may choose from one or a combination of the following options:
Suspended sentence. A sentence is given, but the convicted person is not required to serve it and
released with no conditions attached.
Probation. The defendant is released to the supervision of a probation officer after agreeing to
follow certain conditions.
Home confinement. The defendant is sentenced to serve the term at home. Normally the only
time that a defendant can leave his or her home is for essential purposes such as work, school, or a
doctors appointment.
Fine. The defendant must pay an amount of money set by the court.
Restitution. The defendant is required to pay back or make up whatever loss or injury was
incurred by the victim of the crime.
Work release. The defendant is allowed to work in the community but is required to return to
listen at night or on weekends.
Imprisonment. The defendant is sentenced to a term in jail or prison. Some states require that a
definite sentence be given and some states provide for an indeterminate term.
3. Many factors go into the sentencing decision. Most states authorize a presentence report,
prepared by the probation department. It contains a description of the offense and the
circumstances surrounding it. The report also sets out the defendants past criminal record, data on
the defendants social, medical, educational, and employment background and a recommendation
as to sentence.
4. When sentencing a criminal, the court may have one or more of the following pupises in mind.
5. The primary reason for punishing a criminal is retribution. i.e. the idea of an eye for an eye and
a tooth for a tooth.
6. Another reason for sentencing criminals is deterrence. Many people believe that punishment will
discourage the offender from committing another crime and serve as an example to deter other
people from committing crimes.
7. A third goal of sentencing is rehabilitation. Rehabilitation means helping convicted persons change
their behaviour so that they can lead useful and productive lives after release.
8. A fourth reason for sentencing is incapacitation. This means that society will be protected by
physically separating the criminal from the community.
9. In most states and the federal system, the actual length of time a person serves in prison depends
on whether parole is granted. Parole is the release of a convicted person from prison before his or
her entire sentence has been served.
WORDS AND PHRASES

Appointment- ora de primire


As to- cu privire la
Background- fond, conditii, formatie
Confinement arrest, detentie
Deterrence- disuadare, descurajare, intimidare
Employment angajare
Entire- intreg
Fate soarta
Home confinement- arest la domiciliu
Incapacitation- interdictie ( de la drepturi)
Length perioada de timp
Offender- infractor, delincvent, contravenient
Parole- cuvant de onoare
Probation- libertate supravgheata, incercare
Record evidenta, raport, dosar
Retribution rasplata
Sentencing - condamnare
Supervision- supraveghere
Term- perioada de detentie
To attach- a atasa, a adauga
To deter- deterrred- a descuraja
To incur-incurred a-si atrage
To listen a asculta apelul
To pay back- a restitui
To provide for- a furniza, a dispune
To serve- a si executa pedeapsa
To set out- a expune
To surround- a inconjura