ANSWER KEY Limba Engleza 4 Drept

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ANSWER KEY – Limba engleză 4

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Unit 1: THE TRIAL IN THE UNITED STATES


1.3. CONTINUT

Ex. I:
1. Parties in civil cases may are bound to be present in court while the case they are involved in is tried.
2. In a bench trial, the verdict is passed by the judge jury.
3. In the USA the number of jurors is different the same in both federal civil and criminal cases.

Ex. II:
1. There is an absolute right to trial in both civil and criminal cases.
2. Over 90% all civil cases never come to trial and about 80% of criminal defendants
plead guilty and are sentenced without trial.
3. For federal criminal cases there are 12 jurors but for federal civil cases the number
varies between 6 and 12.
4. The judge decides what legal standards apply and whether the evidence is illegal or
improper. The judge also conducts the proceedings and sees that the order is
maintained.
5. In a jury trial, the jury must determine the facts over which parties disagree. If the
parties leave it to the judge, the trial is called bench trial.
6. Attorneys
7. Witnesses are individuals who testify under oath about the facts in dispute.
8. In a criminal case, the defendant can be convicted if the jury or judge believes that the
government has proven guilt “beyond any reasonable doubt”. A jury verdict must be
unanimous.
9. In civil cases, the jury or the judge decides who is right: the plaintiff or the defendant.
10. Before the sentencing hearing, a federal probation officer prepares a report to help the
judge determine the proper sentence.

1.4. DEZVOLTAREA APTITUDINILOR

Ex. I.
a. a fi eliberat condiţionat = to be released on parole
b. persoane eliberate condiţionat = parolees
c. reducerea pedepsei = remission of sentence
d. închisoare pe viaţă = life imprisonment
e. a ispăşi o pedeapsă = to serve a sentence
f. pedeapsa cu închisoare = prison sentence
g. pedeapsă = punishment
h. pedeapsa cu moartea = capital punishment
i. închisori de maximă securitate = maximum-security prisons
j. ţinut în arest preventiv = remanded in custody
k. pedeapsa cea mai grea = the heaviest sentence
l. când se dă pedeapsa cea mai grea = when the heaviest sentence is given
m. aripă a închisorii pentru cei aflați în arest preventiv = the remand wing of a prison

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Ex. II.
Amendamentul VI - în toate procesele penale, acuzatul beneficiază de dreptul la un proces public și
rapid, de către un juriu imparțial din statul și districtul în care a fost comisă crima, district care trebuie să
fi fost stabilit în prealabil prin lege, și are de asemenea dreptul de a fi informat cu privire la natura și
cauza acuzării, în legătură cu martorii acuzării, de a avea martori în favoarea sa, și de a beneficia de
asistența unui avocat pentru apărarea sa.

1.7. TEST

Ex. I
6. The plaintiff obtains a writ of summons.
9. The plaintiff endorses the nature of his claim against the defendant on the writ (statement of claim).
3. A copy of the writ is issued and served by sending it to the usual address of the defendant.
8. The defendant decides to contest the claim.
1. The trial is opened by the plaintiff’s counsel.
4. The plaintiff’s counsel calls his/her witnesses.
7. The plaintiff’s witnesses are cross-examined by the defense.
10. The defendant’s counsel proceeds in the same way.
2. Each counsel makes a closing address.
5. The judge gives judgment and awards costs and damages.

Ex. II.
1. To accuse someone of something
2. To be liable for something
3. To sentence someone to a punishment
4. To claim damages for something
5. To be entitled to compensation
6. To bring a case against someone
7. To be guilty of an offence
8. To fine someone for something.

Unit 2: PASSIVE VOICE


2.3. CONTINUT

Ex. I.
1. Recently a large number of cases have been solved by the first instance courts.
2. So far many students have been are asked to hand in the test papers because they did not comply
with the examination rules mentioned at the beginning of the semestrial test.
3. At the moment the bankruptcy file is being analyzed by the specialists.

Ex. II.
1. This room is used only on special occasions.
2. The old theatre is being pulled down.
3. A light was switched on and the door was opened.
4. Each of us was asked about his movements on the night of the crime.
5. Refreshments will be served.
6. An enormous hole had been cut in the steel door.
7. Nothing can be done unless more information is given.
8. He was given two weeks to pay the fine.

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9. Bicycles must not be left in the hall.
10. It was said that a new system were being started because books were not being returned.

2.4. DEZVOLTAREA APTITUDINILOR

Ex. I.
1. The police are to introduce this speed limit gradually.
2. The manager will have to find someone to take her place.
3. You could put your money to good use instead of leaving it in bank.
4. Somebody has now proved that this scientific theory is false.
5. Nobody has read his copy. Nobody has cut the pages.
6. For a long time they believed the earth was flat.
7. A student, who, afterwards, the police led away, threw the stones.
8. Somebody took advantage of this excellent opportunity immediately.
9. If they offer me this job I shall, of course, accept it.
10. Nobody has taught us to deal with such problems.

Ex. II.
1. We were told many interesting things about this topic.
2. We will be given more details later.
3. They were asked to be on time.
4. The results will be communicated by tomorrow.
5. They were enthusiatically welcomed.
6. They were told to wait for the teacher in the classroom.
7. The books were sent by post.
8. They were advised to visit the town.
9. The tourists were shown the more important historical monuments in the capital.
10. It has been found that all the conditions were met.
11. I hope I will be consulted over this matter.
12. Your instructions will be complied with.
13. The guests will be met at the railway station, won’t they?
14. I am sure this investigation has been made with the utmost care.
15. The last element of the problem has been insisted on a lot.
16. It is to be regretted that they couldn’t come.
17. They were not allowed to take much luggage on the plane.
18. They were shown the plans and they were given all the necessary explanations.
19. I have heard that your friend was granted a big award in the competition.
20. Something should be done to help our colleague; he is in a very difficult situation.

Ex. III.
1. They decide, as in England, on facts only, leaving the application of the law to the judges.
2. Alexander was not the only claimant to the vacant throne, but, recognized by the army, he soon
swept all rivals from his path.
3. In the case of a lawsuit the plaintiff preferred his own plea.
4. Furthermore, the cause of action must have been recognized in the jurisdiction in which the
petitioner resided at the time it arose.
5. The Senate sits as a court for the trial of impeachment cases.
6. Systematic infringement of English copyright was discreditable in itself, but sure evidence of an
appetite for reading.

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7. Indulgentia (indulgere = to grant, concede), in theology, is a term defined by the official catechism of
the Roman Catholic Church in England as " the remission of the temporal punishment which often
remains due to sin after its guilt has been forgiven."
8. I would like to find the author of ‘Children in Social Peril: A Community Vision for Preserving Family
Care of African American Children and Youths’. Could you help me?

2.7. TEST

Ex. I.
I.
1. Under these conditions the experiment will not be carried out.
2. Can English be learned well in six months?
3. Must this work be done at once?
4. Paper that absorbs ink is called “blotting paper”.
5. The atomic structure has been studied since the end of the last century.
6. Paintings from many countries are shown in a special exhibition next month.
7. Many houses in our town have been demolished this year.
8. The new design has been looked into by an expert.
9. During the fair many foreigners can be seen in our town.
10. A number of books have been published on this subject in the last few years.

Ex. II.
1. They should be pointed out.
2. It must be pulled out.
3. You might be knocked over.
4. They have to be washed up.
5. It would be blown out.
6. They are broken off.
7. It must be given up.
8. It must have been taken down.
9. It could have been picked up.
10. He may be let off.

Unit 3: OFFENCES AGAINST PERSON (I)


3.3. CONŢINUT

Ex. I.
1. Infanticide refers to causing the death of one’s own child by any willful act or omission the defilement
of a child.
2. Manslaughter is not similar to first degree murder.
3. Abortion is not permitted in all states and it is now regarded as a religiously and politically unsettled
matter.

Ex. II.
1. the killing of a human being
2. culpable and non culpable
3. when the killer acts with malice aforethought
4. the unlawful killing of a human being without malice aforethought

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5. a deliberate destruction of a national racial, religious or ethnic group defined by
exterminators as undesirable
6. The parent (mother or father), by any willful act or omission, causes the death of her
child.
7. the age of the victim
8. No.

3.4. DEZVOLTAREA APTITUDINILOR

Ex. I.
1. arson D
2. assault and battery I
3. petty theft G
4. burglary H
5. gross indecency C
6. rape E
7. manslaughter J
8. hijacking A
9. smuggling B
10. bribery F

Ex. II.
1. C; 2. E; 3. A; 4. D; 5. B.

3.7. TEST

Ex I.
culpable homicide infanticide
genocide exterminator
mentally disturbed deception
rape personal violence
two years imprisonment seduction
excusable manslaughter
abortion premature expulsion
daughter incest
defilement girl under 13

Ex. II.
ART. 15
Main features of an offense
(1) An offense is an action stipulated by criminal law that has been committed under guilt, without
justification and for the commission of which a person can be charged.
(2) An offense is the only basis for criminal liability.

ART. 16
Guilt
(1) An action only constitutes an offense if committed under the form of guilt required by criminal law.
(2) Guilt exists when an action is committed with direct intent, with basic intent or oblique intent.
(3) An action is committed with intent when the perpetrator:

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a) can foresee the outcome of their actions, in the expectation of causing such outcome by perpetrating
the act;
b) can foresee the outcome of their actions and, while not intending to produce it, nevertheless accepts
the likelihood that it will occur.
(4) An action is committed with basic intent when the perpetrator:
a) can foresee the outcome of their actions but does not accept it, believing without reason that such
outcome will not occur;
b) cannot foresee the outcome of their actions, though they should and could have done so.
(5) Oblique intent exists when an act, consisting of an intentional action or inaction, causes unintended
more serious consequences and is attributable to the perpetrator.
(6) The act consisting of an action or inaction shall constitute an offense when committed with direct
intent. The act committed with basic intent constituted an offense only when the law specifically
establishes it as such.

Unit 4: VERB PATTERNS


4.3. CONŢINUT

Ex. I.
1. I happen to remember remembering this person.
2. Manslaughter is not thought to be as serious a crime as murder.
3. She turned out to be being the most important witness at the trial.

Ex. II.

1. I happened to know him.


2. We happened to have met before.
3. Her husband was believed to be greatest actor in the world.
4. Her brother happened to be present.
5. The man was determined to tell the truth.
6. Water is known to boil at 1000C.
7. Jim was asked to have dinner with the Browns.
8. Why wasn’t the boy allowed to play in the garden?
9. He was reported to be found dead two days ago.
10. He was persuaded to come to the pictures with me.

4.4. DEZVOLTAREA APTITUDINILOR

Ex. I.
1. I was astonished to hear that he had left the country.
2. It is necessary for everyone to know the truth.
3. The crime seems to have been committed by a left-handed man.
4. He is expected to broadcast a statement tonight.
5. He is said to have been a brilliant scientist.
6. It is advisable for us to leave the house separately.
7. The murderer is said to be hiding in the woods near the house.
8. Is it likely for him to arrive before six?
9. She is said to have a frightful temper.
10. He is believed to be honest.

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11. It is better for him to hear it from you.
12. The strikers decided to continue the strike.

Ex. II.
1. I expected him to come by plane.
2. Ralph wanted Barbara to lend Richard her dictionary.
3. We noticed the sky turn dark.
4. They prevailed upon the man to come to the meeting.
5. Did Mr. Thomas persuade him to go to Bath?
6. I heard the little birds sing early in the morning.
7. We saw Mrs. Brown go out.
8. The boys helped their little brother pass over the bridge.

Ex. III.

1. He is supposed to have witnessed the accident.


2. The thief is known to have stolen the car during the night.
3. She is reported to be alive.
4. He proved to be a false witness.
5. She is believed to have entered the country illegally.
6. The two young men are said to have robbed a bank.
7. You are expected to testify.
8. He is thought to be guilty of crime by the court.
9. I am sure that my arguments will make her change her mind.
10. I advised him to give up that job.
11. He is thinking of taking part in that competition. (taking = gerund required by the preposition that
precedes it: of)
12. The insisted that I should go there that evening.

4.7. TEST

Ex. I.
I was sitting in my office the other day when I was told that someone wanted to see me. It was Ana
Radulescu, an old friend of mine. My personal assistant invited her in and asked us what we wanted to
drink. After she brought us coffee and water she left us alone. When I asked Ana how she was, she told
me a rather sad story. She told me that she had had to close down her business because of financial
difficulties and that she was looking for a job. She added that she was in such situation because she
had not listened to those who had advised her to hire a good accountant. If she did not find a job
quickly, she would be in serious trouble. She asked me whether I could do anything to help her find
something interesting. I assured her of doing my best and asked her to call me in a few days.

Ex. II.
1. They are supposed to be living at the same address.
2. Our client is unlikely to have a remission of the penalty.
3. He is said to be a good judge.
4. The author of the crime is thought to be left-handed.
5. The team is certain to collaborate well.

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Unit 5: OFFENCES AGAINST PERSON II
5.3. CONŢINUT

Ex. I.
1. The American Supreme Court consists of a chief justice and eight associate justices.
2. The Supreme Court judges, who are appointed by the president and approved by the Senate, can be
removed from the office only by impeachment.
3. Most federal court cases are bankruptcy filings.

Ex. II.
1. the Supreme Court, 13 courts of appeal, 94 district courts and two courts of special jurisdiction
2. the Supreme Court
3. 9, by the President
4. federal and state courts
5. for life
6. robberies, traffic violations, broken contracts and family disputes
7. District Courts, Courts of Appeal, the Supreme Court
8. civil and criminal cases
9. if a person loses a trial in district court
10. a plaintiff and a defendant
11. of failing to carry out a legal duty
12. robbing banks, importing drugs illegally into the country, or using the U.S. mail to swindle
consumers

5.4. DEZVOLTAREA PTITUDINILOR

Ex. I.
2. duties and responsibilities;
3. exhaustive;
4. date of commencement;
5. terms and conditions;
6. probationary service;
7. commencing salary;
8. holiday entitlement;
9 pension;
10. grievance.

Ex. II.
Cazul Mappv. Ohio

Bănuind că Dollree Mapp ar putea ascunde o persoană suspectată a fi implicată într-un atac cu bombă,
poliția a mers la casa ei din Cleveland, Ohio. Ei au bătut la ușa ei și a cerut permisiunea să intre, dar
Mapp a refuzat să-i primească deoarece nu aveau mandat. După observarea casa ei timp de câteva
ore, poliția a intrat cu forța în casa lui Mapp, fluturând o bucată de hârtie atunci când Mapp a cerut să
vadă mandatul lor de căutare. Ca rezultat al căutării lor, poliția a găsit un cufăr care conținea materiale
pornografice. Ei au arestat-o și au acuzat-o pe Mapp de încălcarea unei legi din Ohio împotriva deținerii
de materiale obscene. La proces ofițerii de poliție nu au prezentat lui Mapp și avocatului ei presupusul
mandat de căutare și nici nu au explicat de ce au refuzat să facă acest lucru. Cu toate acestea, instanța
a găsit-o pe Mapp vinovată și condamnat-o la închisoare. Dupa ce a pierdut un recurs la Curtea

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Suprema din Ohio, Mapp și-a dus cazul la Curtea Suprema a Statelor Unite. Curtea a stabilit că probele
obținute printr-o căutare care încalcă al patrulea amendament este inadmisibil în instanțele statale.

5.7. TEST

Ex. I.
I. 1. associations, employees; 2. negotiating, employers, negotiating, employment conditions,
demanding; 3. settlement, disputants, arbitrators, arbitration, providing;
4. - legislation, conciliation, ensuring.

Ex. II.
1. He appealed against the decision passed by the court of first instance.
2. The judge will be removed from office if he is found guilty of corruption.
3. The high official will be impeached if the Senate votes for this procedure to be implemented.
4. Bankruptcy filings are frequently judged in federal courts.
5. In the USA, criminals accused of three robberies may spend all their life in prison according to the
three strikes law.
6. Traffic violations can be reduced only if the law is applied correctly and sanctions are significantly
increased.
7. Broken contracts can lead to a lot of problems if large sums of money are involved in their fulfilment.
8. Family disputes are basically settled in courts of first instance.
9. Any judge is bound to apply the law correclty no matter who is judged and what for.
10. The main participants in a civil case are the plaintiff and the defendant.

Unit 6: CONDITIONAL SENTENCES


6.3. CONȚINUT

1. In the UK magistrates are appointed on behalf of the Crown by the Lord Chancellor.
2. Acts of Parliament are not considered sources of law in the UK.
3. The Prime Minister does not have any role in appointing judges in the UK.
Judges are appointed by the Crown, on the advice of the Prime Minister

6.4. READING AND COMPREHENSION

Ex. I.
 responsibility lies with = responsabilitatea se află la
Responsibility lies with the new leaders.
 to hold office = a deține o funcție
Members of the Council hold office for a period of three years.
 to be concerned with = a fi preocupat de; a viza
The government must first and foremost be concerned with economic conditions.
 Minister of Home Affairs = Ministru de Interne
Mara was reappointed Prime Minister, and Rabuka became Minister of Home Affairs.
 criminal law = drept penal
Several lawyers who practice criminal law said such requests are usually unsuccessful.
 civil law = drept civil
At Rome he obtained his doctorate in canon law and civil law.
 on behalf of = în numele

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Five pieces of evidence were admitted on behalf of the defense.
 decisions of the courts = hotărârile instanțelor
In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal
action or proceeding.
 to prosecute = a acuza; a urmări penal; a inculpa
Wilson should be prosecuted, just like any other common criminal.
 to be brought before the court = a fi adus în fața instanței; a fi judecat
I truly believe that trials will not be won if several of the accused persons are not brought before
the court at the same time.
 to be charged = a fi acuzat
You have been charged with murder before.
 to be granted bail = a i se acorda drept de cauțiune
You committed a minor crime, so you will be granted bail.
Ex. II.
1. d; 2. c; 3. b; 4. e; 5. a; 6. g; 7. h; 8. j; 9. f; 10. i.

Ex. III.
(1) Justiţia se înfăptuieşte în numele legii.
(2) Justiţia este unică, imparţială şi egală pentru toţi.
(3) Judecătorii sunt independenţi şi se supun numai legii.

Ex. IV.
(1) The judges appointed by the President of Romania shall be irremovable, according to the law.
(2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall
only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.
(3) The office of a judge shall be incompatible with any other public or private office, except for
academic activities.

6.7. TEST

Ex. I. 1. - Cabinet of Ministers; 2. – assent ; 3. - Lord Chancellor; 4. – constituency; 5. - by-elections; 6.


– commons; 7. - bill.
Ex. II. Guvernul este constituit din membrii partidului care se bucură de cea mai mare susţinere în
Camera Comunelor. Liderul acestui partid este numit în funcţia de Prim-Ministru de Regină. Ca şef al
Guvernului, Primul Ministru numeşte în funcţie aproximativ 100 de miniştri. Aproximativ 20 dintre aceştia
formează Cabinetul de Miniştri, iar grupul constituit din cei mai experimentaţi miniştri adoptă cele mai
importante decizii politice. Miniştrii răspund în mod colectiv de deciziile guvernamentale adoptate şi în
mod individual de deciziile adoptate de Ministerul pe care îl conduc. Al doilea partid ca mărime
formează Opoziţia, care are propriul ei lider şi în cadrul căruia se constituie un <<guvern din umbră>>.

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