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 two-bedded 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 - folosawake (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 ucigasneighbouring 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 justice-indication- expression neighbouring

QUESTIONS1. 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 PHRASESactually efectiv, intr-adevarafter-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 marturieto transact a indeplini

trial proces

villainy crima, ticalosieweapon arma

whole - intregQUESTIONS1. 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 PHRASESas intrucat

call apel

Chancellor - cancelar

consequently in consecinta

embarrassing stanjenitor

growth crestere

House (of Parliament)camera a Parlamentului

keeper custode,detonator

manufacture- fabricatie, productieprevious 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

QUESTIONS1. 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 PHRASESaccording 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 cunoscutto 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)

QUESTIONS1. 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 purpose6. 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 PHRASESas (conj) pe masura ceaye (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 cathat 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

QUESTIONS1. 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 PHRASESbail 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 acuzatieto 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

QUESTIONS1. 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 PHRASESamongst = amongarraigns procuratura

at the expense of pe seama, pe cheltuiala

bill actclerk 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, raspunzatorloose 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

QUESTIONS1. 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 PHRASESagreed 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

QUESTIONS1. 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 PHRASESahead= 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/bisericescLord temporal= lord laic / secular

Lower = inferior

Peer=pair, nobil, membru al camerei Lorzilor

peeress= nobila, membra al camerei Lorzilorrule of law= domina legii

Speaker= presedinte al Camerei Comunelorstate(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. The many branches does the British Constitution contain ?

2. What are they ?

3. What is the legislative power?

4. What institution does the power of making, altering, or repealing the laws belong to ?

5. 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 PHRASESAppropriate= corespunzator, adecvatArticles=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 deexclusive- exclusiv, exclusivist

fake- fals, fictive

flowing fluturator

gown roba

graduate absolvent

Lord Chief Justice Presedintele Inaltei Curti de Justitienotice- anunt, avertisment

prospective- potential, posibil

solicitor- avocat nepledant (sau pledant numai in instante)

standing- vechime,duratasuitable potrivitto 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 apareato 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 PHRASESaccepted acceptat, omologatappointment numire

appropriate adecvat, corespunzator

bar barou

articles contract de angajare

Chancery Cancelaria,tribunalul Lordului Cancelar

clerkship statut de functionarconduct 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 gradlegal 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

QUESTIONS1.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 PHRASESCounsel 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

QUESTIONS1. 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 PHRASESCaucus 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 impartito set(set, set) out a expune, a prezentaQUESTIONS1. 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 PHRASESa good deal of multadviser - consilierallowance - alocatie

banner standardmileage kilometraj

tie egalitate

to carry out a rea;iza, a efectua

to last a dura

to remove a indeparta, a inlatura

QUESTIONS1. 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 StatesSupreme 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 PHRASESas far as .are concerned cat priveste

charge responsabilitatecustoms 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 convocato coin a bate moneda

to concern a privi

to forge a falsifica

to frame a elabora

to interfere with a se amesteca

QUESTIONS1.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 PHRASESBoard comisie, comitetCare- 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 SUATo 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

QUESTIONS1. 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 STATES1. 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 PHRASESAs a whole in ansamblu, in totalitateAttorney (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

QUESTIONS1. 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 PHRASESchief - 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

QUESTIONS1. 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 PHRASESappellate 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

QUESTIONS1. 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 PHRASESas a rule de regulaas 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

QUESTIONSTHE 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 powersThrough 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 PHRASESadmiralty 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, nivelmainly 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

QUESTIONS1. 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 PHRASESamount 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 penalcustody 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 cuto 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 legiiwill testament, vointa

within in , din,QUESTIONSSTEPS IN A TRIALThe 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 PHRASESallegation afirmatie nedovedita , ca mijloc de aparareargument 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, propuneremotion to dismiss cerere in procedura de urgenta pentru respingerea actiunii reclamantuluiopportunity 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 judecatrier judecator, magistrate

unproven nedovedit

witness for the defense/defence (BE) martor al apararii

witness for the prosecution- martor al acuzarii

QUESTIONS1.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 WORDS AND PHRASESabetting incitare, instigare(la o infractiune)

accessory after the fact complice posterior infra