21691775 Curs Drept I IFR Sem I Engleza
-
Upload
costache-luminita -
Category
Documents
-
view
234 -
download
0
Transcript of 21691775 Curs Drept I IFR Sem I Engleza
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
1/36
UNIVERSITATEA DUNREA DE JOS DIN GALA I
Departamentul pentru nv mnt la distan i cu frecven
redus
LIMBA ENGLEZ PENTRU SPECIALIZAREA DREPT
ANUL I
semestrul I
Lect.dr Corina Dobrot
Departamentul de limbi moderne aplicate
2008
1
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
2/36
Criminal Law and Business
GENERAL PRINCIPLES
CLASIFICATION OF CRIMES
(a) Source of criminal law. Crimes are classified in terms of their origin
as common-law and statutory crimes. Some offences that are defined by statute
are merely declaratory of the common law. Each state has its own criminal law,
although a general pattern among the states may be observed.
(b) Seriousness of offence. Crimes are classified in terms of their
seriousness as treason, felonies and misdemeanors. Treason is defined by the
Constitution of the United States, which states that Treason against the United
States shall consist only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort.Felonies include the other more serious crimes, such as arson, homicide,
and robbery, which are punishable by confinement in prison or by death.
Crimes not classified as treason or felonies are misdemeanors. Reckless
driving, weighing and measuring goods with scales and measuring devices that
have not been inspected and disturbing the peace by illegal picketing are
generally classified as misdemeanors. An act may be a felony in one state and amisdemeanor in another.
(c) Nature of crimes. Crimes are also classified in terms of the nature of
the misconduct. Crimes mala in se include acts that are inherently vicious or, in
other words, that are naturally evil as measured by the standards of a civilized
community. Crimes mala prohibita include those acts that are wrong merelybecause they are declared wrong by some statute.
2
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
3/36
EXERCISE 1. Derive verbs from the following nouns: standard;
confinement; treason; robbery; offence; origin; law.
EXERCISE 2. Derive adjectives from the following adverbs: naturally;
inherently; merely.
.
EXERCISE 3. Find the English equivalents for the following Romanian
words and phrases in the texts above:
a declara rzboi; infrac iune major; delict; conducere neglijent;
nociv; nclcare a legii; tulburarea lini tii publice; a cntri; a consta din;
gravitatea faptei.
EXERCISE 4. Complete the following sentences using the information
provided in the previous text:1. According to their origin, crimes are..
2. Even if each state has its own criminal law,
...
3. If anyone conspires to aid the enemies of the U.S., he is guilty
of...
4. Arson, homicide and robbery are classified as
5. Generally, reckless driving is a ...
6. Crimes which are inherently vicious are called
7. Those criminal acts which are only declared wrong by some statute
are .
3
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
4/36
BASIS OF CRIMINAL LIABILITY. A crime generally consists of two
elements: (a) an act or omission and (b) a mental state. In the case of some
crimes, such as the illegal operation of a business without a licence, it is
immaterial whether the act causes harm to others. In other cases the defendants
act must be the sufficiently direct cause of harm to another in order to impose
criminal liability, as in the case of unlawful homicide.
Mental state does not require an awareness or knowledge of guilt. In most
crimes it is sufficient that the defendant voluntarily did the act that is criminal,
regardless of motive or evil intent. In some instances a particular mental state is
required, such as the necessity that a homicide be with malice aforethought toconstitute murder. In some cases it is the existence of a specific intent that
differentiates the crime committed from other offences, as an assault with intent
to kill is distinguished by that intent from an ordinary assault or an assault with
intent to rob.
EXERCISE 5. Answer the following questions based on the previous text:
1. What elements does a crime generally consist of?.
2. Does mental state require an awareness or knowledge of guilt?
.
.
3. How does a homicide become murder?
.
.
4. How many types of assault are there?
.
.
5. How are these types of assault differentiated?
.
.
4
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
5/36
EXERCISE 6. Translate into English:
1. Inten ia fptuitorului este foarte important atunci cnd se face
ncadrarea juridic a faptei comise de acesta.
2. Cnd cauzezi cuiva prejudicii n mod direct trebuie s rspunzi
n fa a legii.
3. Elementele constitutive ale infrac iunii sunt mereu luate n
considerare de ctre avocatul aprrii.
4. --Onorat curte, starea mental a acuzatului n momentul
comiterii crimei nu i-a permis acestuia s mai discearn ntrebine i ru.
5. Inten ia atacatorului a fost doar de a- i jefui victima, nu de a o
ucide.
PARTIES TO A CRIME. Two ore more parties may directly or indirectly
contribute to the commission of a crime. At common law participants in the
commission of a felony are sometimes know asprincipals and accessories.
5
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
6/36
(a) Principals. Principals may be divided into two classes: (1)principals
in the first degree, who actually engage in the perpetration of the crime and (2)
principals in the second degree who are actually or constructively present and
aid and abet in the commission of the act. For example, a person is a principal in
the second degree if he assists by words of encouragement, stands ready to assist
or to give information, or keeps watch to prevent surprise or capture.
The distinction as to degree is frequently by statute so that all persons
participating in a crime are principals.
(b) Accessories. Accessories to a crime are also divided into two classes,accessories before the fact and accessories after the fact. An accessory before
the fact differs from a principal in the second degree only by reason of this
absence from the scene of the fact. An accessory after the factis a person who
knowingly assists one who has committed a felony. Thus, a person is an
accessory after the fact if, after the commission of the crime and with intent to
assist a felon, he gives warning to prevent arrest or shelters or aids an escapefrom imprisonment.
EXERCISE 7. Find in the text above the English equivalents for: a
avertiza; complice; comiterea unei infrac iuni; evadare din nchisoare; a sta de
paz; a ac iona n complicitate; fptuitor principal; a comite o infrac iune; a
mpiedica arestarea; a ajuta un infractor; a oferi adpost.
EXERCISE 8. Translate into English:
1. Onora i jura i, nu exist probe care s demonstreze prezen a
clientului meu la locul faptei.
6
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
7/36
2. Cei care ofer adpost unui infractor sunt pasibili de pedeaps
cu nchisoarea.
3. Acuzatul este fptuitorul principal al acestei infrac iuni.
4. Pe motiv c a evadat din nchisoare, inculpatul va executa n
plus fa de sentin a actual i restul de pedeaps de la
condamnarea anterioar.
RESPONSIBILITY FOR CRIMINAL ACTS. In some cases certaincategories of persons are not fully responsible for their criminal acts.
(a) Minors. Some states have legislation fixing the age of criminal
responsibility of minors. At common law, when a child is under the age of
seven, the law presumes him to be incapable of committing a crime; after the
age of fourteen he is presumed to have capacity as though he were an adult; and
between the ages of seven and fourteen, no presumption of law arises and it
must be shown that the minor has such capacity. The existence of capacity
cannot be presumed from the mere commission of the act.
(b) Insane persons. An insane person is not criminally responsible for his
acts. There is a conflict of opinion over what constitutes such insanity as to
7
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
8/36
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
9/36
Certain crimes, such as perjury, cannot be committed by corporations. It
is also usually held that crimes punishable only by imprisonment or corporal
punishment cannot be committed by corporations. If the statute imposes a fine in
addition to or in lieu of imprisonment or corporal punishment, a corporation
may be convicted for the crime. Thus a corporation may be fined for violating
the federal antitrust law by conspiring or combining to restrain interstate
commerce. A corporation may be fined for committing criminal manslaughter
when death has been caused by the corporations failure to install safety
equipment required by statute.
EXERCISE 9. Make up questions for the following answers based on the
previous texts:
1. ..
?
Minors, insane or intoxicated persons and corporations.
2. ..?
After the age of fourteen.
3. ..
?
No, it cant. It cannot be presumed from the mere commission of an
act.
4. ..
?
The right and wrong test and the irresistible impulse test.
5. ..
?
If the mental instability is not caused by disease.
9
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
10/36
6. ..
?
Voluntary and involuntary.
7. ..
?
Crimes only punishable by imprisonment and corporal punishment.
8. ....?
No, it cant. A corporation cannot be prosecuted for perjury.
9. ..
?
Violating the federal antitrust law.
10. ..
?
When it failed to install appropriate safety equipment.
SECURITY FROM BUSINESS CRIMES
EXERCISE 10 . Complete the following with one of the given words:
penalize; subject; of; immaterial; prosecution; common; constitutes;
wrongdoer; forms; property; fraudulent; joyride.
3:5 LARCENY. Larceny is wrongful or (1)... taking and carrying
away by any person of the personal property of another, with a fraudulent intent
to deprive the owner (2). his property. The place from which the
property is taken is generally (3), although by statute the
offence is sometimes subjected to a greater penalty when property is taken from
a particular kind of building, such as warehouse. Shoplifting is a (4)
. from of larceny.
10
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
11/36
At common law a defendant taking (5). of
another with the intent to return it was not guilty of larceny. This has been
changed in some states so that a person who borrows a car for a (6)
.. is guilty of larceny, theft, or some other statutory
offence. Statutes in many states (7). as larceny by trick the
use of any device or fraud by which the (8).. obtains the
possession of, or title to, personal property from the true owner. In some states
all (9). of larceny and robbery are consolidated in a
statutory crime of theft. At common law there was no single offence of theft.
The concept of property which may be the (10) oflarceny has been expanded. For example, the theft of computer programs (11)
.. larceny. One half of the states have statutes punishing the theft
of trade secrets as larceny.
The fact that the person from whom the thief has taken the personal
property is not the owner does not constitute a defence to the (12).
of the thief for larceny.
EXERCISE 11. Complete the following texts with words derived from the
words in capitals:
ROBBERY. At common law robbery was the (LAW). taking of
personal property of any value from the (POSSESS). or from
the (PRESENT). of another by means of force or by putting the
possessor in fear. It differed from larceny (PRIMARY) in the
necessity of the use of force or fear, so that a pickpocket whose act of stealing
was (KNOW).. to his victim committed larceny but not
robbery.
In most states there are special (PENALISE). for various
forms of aggravated robbery, such as robbery by use a (DEATH)
weapon.
11
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
12/36
BURGLARY. At common law burglary was the breaking and entering in the
nighttime of the dwelling house of another, with the (INTEND) to
commit a felony. While one often thinks of a burglary as stealing property, any
felony would satisfy the (DEFINE).. The offence was aimed
primarily at protecting the (INHABIT). and thus illustrates
the social objective of (PROTECT) the person, in this case the
person living or dwelling in the building.
Modern statutes have eliminated many of the (REQUIRE)
of the common-law definition so that it is (MATERIAL)..when or where is an (ENTER). to commit a felony, and the
elements of breaking and entering are frequently omitted. Under some statutes
the offence is aggravated and the penalty is increased in terms of the place
where the offence is committed, such as a bank building, freight car, or
warehouse. Related (STATUTE). offences have also been
created, such as the crime of possessing burglars tools.
EXERCISE 12. In each line of the following text identify one unnecessary word.
A number of 6 lines are correct:
ARSON. At the common law arson was the willful and malicious burning
of the dwelling-house of another one. As such, it was designed to protect
human life, although the defendant was guilty if there was a burning even
though no one was in actually hurt. In most states, arson is felony so that
if someone is killed in the resulting fire, the offence is murder by
application of the felony-murder rule, under which a homicide, however is
unintended, occurring in the commission of a felony is automatically
classified as murder.
In virtually each every state a special offence of burning to defraud
insurers has been created by statute, such burning which not constituting
12
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
13/36
arson when the defendant burns his proper own house to collect on his fire
insurance, since the definition of arson required that the dwelling house be
that of another person. In many states it is now arson to burn any one
building owned by another, even though it is not a dwelling.
RECEIVING STOLEN GOODS. The crime ofreceiving stolen goods is the
receiving of goods which have been stolen, with knowledge of that fact, and
with the intent to deprive the owner of them. It is immaterial that the goods were
received from a person who was not the person who stole them, such as another
receiver of the goods or an innocent middleman, and it is likewise immaterialthat the receiver does not know the identity of the owner or the thief.
FACTS: Scaggs acquired possession of property that was stolen. He did not know this at
the time but learned of it later. Upon so learning, he decided to keep the property
for himself. He was prosecuted for receiving stolen goods. He raised the defence
that at the time he received the goods, he did not know that they were stolen
and therefore was not guilty of the offence.
DECISION: Scaggs was guilty. The offence of receiving is, in effect, a continuing offence
including retaining possession of stolen goods. When Scaggs retained
possession of the goods after knowing that he would thereby deprive the true
owner of his property, he committed the offence of receiving. [California v
Scaggs, 153 CalApp2d 339, 314 P2d 793]
EXERCISE 13. Answer the following questions based on the previous text:
1. What does the crime in question consist of?
.
2. What should the intention of the perpetrator be?
..
3. Did Scaggs know that the property was stolen?
4. What was he prosecuted for?
13
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
14/36
5. Was Scaggs not guilty?
6. What was the main reason for Scaggs prosecution?
.
EXERCISE 14. Translate into English:
1. Inculpatul a pretins c nu tia c bunurile sunt furate.
.
.
2. Avocatul acuzrii a replicat c acest lucru nu conteaz.
.
.
3. Judectorul l-a condamnat pe inculpat la trei ani de nchisoare.
.
.4. Inculpatul a fcut recurs, dar nu a ob inut c tig de cauz.
.
.
EXERCISE 15. Complete the following text with the right form of the verb:
EMBEZZLEMENT.Embezzlement(be) the fraudulent conversion
of property of money owned by another by a person to whom it has been
(entrust).., as in the case of an employee. It is a statutory crime
designed to cover the case of unlawful takings that (be).. not larceny
because the wrongdoer (not take) the property from the
possession of another, and which were not robbery because there was neither a
taking nor the use of force or fear.
14
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
15/36
It is immaterial whether the defendant (receive). the
money or property from the victim or from a third person. Thus, an agent
(commit). embezzlement when he (receive)
and (keep) payments from third persons which he (remit)
.. to his principal, even though the agent is entitled to
retain part of such payments as his commissions.
Today every jurisdiction (have) not only a general
embezzlement statute but also various statutes applicable to particular situations,
such as embezzlement by trustees, employees and government officials.
Generally the fact that the defendant (intend). to returnthe property or money which he (embezzle).., or (do)..
in fact do so, is no defence. However, as a practical matter an embezzler
returning what he (take) will ordinarily not be prosecuted
because the owner (not desire).. to testify against him.
EXERCISE 16. Translate into English the words and phrases that appearin Romanian in the following texts:
OBTAINING GOODS BY FALSE PRETENCES. In almost all the states,
statutes are directed against obtaining (bani sau bunuri)
by means of false pretences. These statutes vary in detail and scope. Sometimes
the statutes are directed against particular forms of (n eltorie). ,
such as using bad (cecuri).
FALSE WEIGHT, MEASURES AND LABELS. Cheating, defrauding or
misleading the public by the use of false, improper, or inadequate (greut i)
., measures and labels is a (infrac iune).. . Numerous
federal and state (reglementri).. have been adopted on this subject.
15
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
16/36
SWINDLES AND CONFIDENCE GAMES. The act of a person who,
intending ( s n ele sau s fraudeze).. , obtains
money or property by trick, deception, fraud or other device, is an offence
known as a swindle or confidence game. False or bogus checks and spurious
(monede). are frequently employed in swindling operations
directed toward the man engaged in (afaceri).
COUNTERFEIT MONEY. It is a federal crime to make, to possess with intent
to pass or to pass counterfeit coins, bank notes or obligations. Legislation has
also been enacted against the passing of counterfeit foreign securities or notes offoreign banks.
The various states also have statutes prohibiting the making and passing
of counterfeit coins and bank notes. These statutes often provide, as does the
federal statute, a punishment for the mutilation of bank notes or the lightening or
mutilation of coins.
FACTS: Wolfe gave some counterfeit money to Ballinger, telling her that the billswere counterfeit and that she should go downtown to pass them and that, being
New Years Eve, it was a good time to pass them. Ballinger thereafter spent
two of the bills and attempted to destroy the balance. Wolfe was arrested and
prosecuted for passing counterfeit obligations of the United States with the
intent to defraud. He raised the defence that he could not be guilty because
Ballinger had been told that the money was counterfeit.
DECISIONS: Wolfe was instrumental in putting the counterfeit money in circulation and in
its being passed to some persons who would not know its false character. He
was guilty, therefore, of passing counterfeit money even though the person to
whom he gave it had not been deceived. [United States v Wolfe (CA7 III) 307
F2d 798, cert den 372 US 945]
EXERCISE 17. Answer the following questions based on the previous text:
Which payment instruments can be counterfeited?
What do several states also prohibit?
16
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
17/36
.
What does the federal statute provide penalties for?
.
What did Wolfe tell Ballinger?
.
Why was it a good time to pass the counterfeit notes?
.
What defence did Wolfe raise?
.
Why was Wolfe finally found guilty?
.
EXERCISE 18. Translate into English:
1. Falsificatorul a plasat banii fal i unui intermediar care s-i pun n
circula ie.
.
2. Acuzatul s-a fcut vinovat de punere n circula ie a unei sume
considerabile de valut fals.
3. Srbtorile constituie un moment oportun pentru plasarea pe pia a
bancnotelor i monedelor false din cauza tranzac iilor comerciale intense
din aceast perioad.
..
4. Falsificatorul a fost condamnat la c iva ani de nchisoare, dar pedeapsa
a fost suspendat.
17
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
18/36
..
5. Cum se pot recunoa te bancnotele false sau contrafcute ?
EXERCISE 19. Select the most appropriate word to complete the blanks in the
following text :
USE OF MAILS TO DEFRAUD. Congress has (1). it a crime to use
the mails to further any scheme or artifice to defraud. To constitute the offence,
(2) must be (a) a contemplated or organized scheme or artifice todefraud or to obtain money or property by false pretences, and (b) the mailing or
the causing of (3) to mail a letter, writing or pamphlet for the
purpose of executing or attempting to execute (4) scheme or
artifice. Illustrations of schemes or artifices that (5).. within the
statute are false statements to secure credit, circulars announcing false cures for
sale, false statements to (6) stock in a corporation, and falsestatements as to the origin of a fire and the value of the destroyed goods for the
purpose of securing (7).. from an insurance company. Federal (8)
. also makes it a crime to use a telegram to defraud.
1. A. done B. made C. subjected D. established
2. A. there B. it C. he D. she
3. A. other B. another C. them D. peoples
4. A. such B. so C. same D. all
5. A. comeB. arrive C. stay D. include
6. A. sold B. acquire C. buy D. sell
7. A. pension B. policy C. indemnity D. money
8. A. legal B. law C. government D. objective
18
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
19/36
LOTTERIES. There are three elements to a lottery: (a) a payment of money or
something of value for the opportunity to win (b) a prize (c) by lot of chance. If
these elements appear, it is immaterial that the transaction appears to be a
legitimate form of business or advertising or that the transaction is called by
some name other than a lottery.
The sending of a chain letter through the mail is generally a federal
offence, both as a mail fraud and as an illegal lottery, when the letter solicits
contributions or payments for a fraudulent purpose.
In many states, government lotteries are legal.
EXERCISE 20. Give short answers for the following questions based on
the text above:
1. Are there 3 elements to a lottery?
...................................................
2. Does it matter if the lottery is called by another name?
..............................
3. Is it possible for the lottery to appear as a legitimate transaction?.............
4. Are government lotteries legal in many states?
..........................................
5. Does sending a chain letter through the mail usually constitute a
federal offence?
........................................................
.
6. Do such letters usually solicit payments for fraudulent purposes?
.....................................................
EXERCISE 21. Complete the following text with words derived from the
ones in capitals:
19
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
20/36
FORGERY. Forgery consists of the (FRAUD). making or
material altering of an instrument, such as a check, which (APPEAR)
creates or changes a legal (LIABLE). of another.
The instrument must have some apparent legal efficacy to contribute forgery.
(ORDINARY). forgery consists of signing anothers
name with intent to defraud. It may also consist of making an entire instrument
or altering an existing one. It may result from signing a (FICTION).
name or the (OFFENCE) own name with the intent to defraud.
When the (OWN) of a credit card signs the owners
name on credit card invoice, such an act is a forgery. In most states a specialstatute makes it a crime to fraudulently use a credit card. In such a case, the
(PROSECUTE). attorney may choose either to prosecute the
defendant for (VIOLATE). of the forgery statute or the
special credit card statute.
FACTS: Morse was convicted of forging the name Hillyard Motors as the drawer of a
check. He appealed on the ground that signing such a name had no legal effect
and that therefore he not guilty of forgery.
DECISIONS: Commercial paper may be signed with a trade name. The check signed by
Morse appeared to have been signed in this manner. It therefore apparently had
legal efficacy. Whether it did or not was immaterial as long as the signing had
been made with intent to defraud. [Washington v Morse, 38 Wash2d 927, 234
P2d 478]
CRIMINAL LIBEL. A person who falsely defames another without legal
excuse or justification may be subject to criminal liability as well as civil
liability. Criminal libel is based upon its tendency to cause a breach of the
peace. Under some statutes, however, the offence appears to be based upon the
tendency to injure another.
No publication or communication to third persons is required in the case
of criminal libel. The offence is committed when the defendant communicates
20
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
21/36
the libel directly to the person libeled as well as when he makes it known to
third persons.
The truth of the statement is a defence in civil libel. In order to constitute
a defence to criminal libel, the prevailing view requires that a proper motive on
the part of the accused be shown and proof that the statement is true.
In a number of states, slander generally or particular kinds of slander have
been made criminal offences by statute.
EXERCISE 22. Find words in the text above that are synonymous with:
calumny; to demand; crime; violation; inclination; evidence; justified.
..
EXERCISE 23. Find words in the text above that are antonymous with:
accurately; to cure; indirectly; attack; plaintiff; lie; illegal; improper.
..
EXERCISE 24. Translate into English:1. Ziaristul s-a fcut vinovat de infrac iunea de defimare a unei
persoane publice.
.
2. Se discut dac pamfletul i satira ar trebui s fie considerate
ca fiind calomnie.
.
3. Reclamantul a deschis un process de calomnie mpotriva
adversarului su politic.
.
.
4. Calomnia nu a putut fi dovedit n instan .
.
.
21
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
22/36
EXERCISE 24. Complete the following text with prepositions and
particles:
RIOTS AND CIVIL DISORDERS. Damage (1) property in the course of
a riot or civil disorder is ordinarily a crime to the same extent (2) though
only one wrongdoer were involved. That is, there is larceny, or arson, and so (3)
, depending (4) the nature of the circumstances, without regard to
whether one person or many are involved. In addition, the act (5)
assembling as a riotous mob and engaging in civil disorders is generally some
form of crime (6) itself, without regard to the destruction or the theft ofproperty, whether under common-law concepts of disturbing the peace or (7)
modern antiriot statutes.
A state may make it a crime to riot or to incite to riot, although a statute
relating (8) inciting must be carefully drawn to avoid infringing
constitutionally protected free speech.
Bibliography:
ANDERSON, RONALD A., KUMPF, WALTER A., Business Law, (Tenth Edition), UCC
Comprehensive Volume, SOUTH-WESTERN PUBLISHING CO. , Cincinnati West Chicago, Ill. Dallas
Pelham Manor, N.Y. Palo Alto, Calif. Brighton, England.
GRAMMAR HIGHLIGHTS
Tense formation in English
Present Tense Simple
S+ V((e)s)
Affirmative- Negative
I work I do not (dont) work
You work You do not (dont) work He/she/it works He/she/it does not (doesnt) work
22
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
23/36
We work We do not (dont) work You work You do not (dont) work
They work They do not (dont) work
Interrogative
Do I work? Do we work?Do you work? Do you work?Does he/she/it work? Do they work?
Present Tense Simple is used to express a repeated or regular action in thepresent.
E.g. What do you do? (Cu ce te ocupi?) I am a student.What time do you usually have breakfast?
Present Tense Continuous
S+ am/is/are +Ving
Affirmative
I am working
You are working
He/she/it is working
We are working.
They are working
Negative
I am not working.You are not (arent) working.He/she/it is not (isnt) working.
We are not (arent) working.You are not (arent) working.They are not (arent) working.
Interrogative
Am I working? Are we working?Are you working? Are you working?Is he/she/it working? Are they working?
Present Tense Continuous is used to express an action taking place at the
moment of speaking.
23
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
24/36
E.g. Where are you going?I am going to school.
It may also show a present action taking place within a limited period oftime (temporary change in a fixed routine):
E:g. I usually go to school by bus, but this week my father is taking me inhis car.
Sometimes Present Tense Continuous is accompanied by the adverb always,in order to show a repeated action which is causing the speaker irritation ordiscontentment:
E.g. You are always losing your things.You are always grumbling when I ask you to help me in the kitchen.
Past Tense Simple
S+Ved (for regular verbs)or in the second form (for irregular verbs)AffirmativeI/ you/ he/ she/ it/ we/ they worked/ spokeNegativeI/you/he/she/it/we/they did not (didnt) work/ speakInterrogativeDid I/you/he/she/it/we/they work/ speak?Past Tense Simple expresses a definite past action or state, with no connectionto the present. It is usually translated by the Romanian perfect compus.E.g. Yesterday I went for a walk.(Ieri am mers la plimbare.)Last year I travelled to England.(Anul trecut am calatorit in Anglia.)Past Tense ContinuousS+was/were VingAffirmativeI was workingYou were workingHe/she/it was workingWe were working
They were workingNegativeI was not (wasnt) workingWe were not (werent) workingYou were not workingHe/she/it was not workingThey were not workingInterrogativeWas I working? Were we working?Were you working? Were you working?Was he/she/it working? Were they working?
It expresses an action in full progress in the past.It is usually translated bythe Romanian imperfect.
24
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
25/36
E.g. This time yesterday, I was watching TV.(Ieri pe vremea asta priveam la televizor.)
It is possible verbs in the past simple and past continuous to encounter in thesame sentence:
E.g. While I was crossing the street, I met John.
It is also possible to find two verbs in the past continuous in the samesentence:E.g. While John was reading, his sister was watching TV.
(In timp ce John citea, sora lui privea la televizor.)
Present Perfect Simple
S+have/ has +Ved (regular verbs) or in the third form (irregular verbs)
AffirmativeI have worked
You have workedHe/she/it has workedWe have workedThey have workedNegativeI have not (havent) worked.He/she/it has not (hasnt) worked.InterrogativeHave I worked?Has he/she/it worked?
Present Perfect is a tense expressing the relation between pastand present.
E.g. I havent seen John for two months.
(Nu l-am vazut pe John de doua luni.)
I havent seen John since September.
(Nu l-am vazut pe John din septembrie.)
I have known John for two years.
(Il cunosc pe John de doi ani.)
I have known John since 1990.
(Il cunosc pe John din 1990.)
It is usually accompanied by adverbs such as: today, this week, this month, thisyear.
I have seen two films this week.
25
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
26/36
(Am vazut doua filme saptamna aceasta.)
It may express a past action which has present consequences:
E.g. Have you seen Hamlet?
(Ai vzut Hamlet?)I have lost my umbrella. I must buy a new one.(Mi-am pierdut umbrela. Trebuie s-mi cumpr una nou.)If the exact past moment when the action occurred s specified, then Past
Simple should be used instead of Present Perfect:E.g. I lost my umbrella yesterday. I must buy a new one.
The same apples to questions starting with when", since it is equivalent to thespecification of a past moment:
E.g. When did you see Hamlet? I saw it last week.The adverbs that may accompany Present Perfect are: often, never, seldom,
always, ever, already, just.E.g. Have you ever been to England?
(Ai fost vreodat n Anglia?)No, I have never been to England.Yes, I have often been to England.He hasnt returned home yet. (El nu s-a ntors nc acas.)I havent seen him lately. (Nu l-am vzut n ultimul timp.)The Romanian translation is either prezent, or perfect compus, accordingto the context.
Present Perfect ContinuousS+have/ has been VingAffirmativeI have been workingWe have been workingYou have been workingHe/she/it has been workingThey have been workingNegativeI have not (havent) been working.He has not (hasnt) been working.
InterrogativeHave I been working?Has he been working?Present Perfect Continuous shows an action in full progress, stressing theduration, started in the past and continuing at present (and even into thefuture).E.g. I am tired because I have been working all day.(Sunt obosit pentru c am muncit toat ziua.)It has been raining for three hours. If it doesnt stop soon, we shall havefloods.(Plou de trei ore. Dac nu se opre te n curnd, vom avea inunda ii.)
Just like Present Perfect Simple, it is translated by the Romanian prezent orperfect compus.
26
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
27/36
Past Perfect Simple
S+had+Ved (regular verbs) or in he third form (irregular verbs)
AffirmativeI had worked.NegativeI had not (hadnt) worked.InterrogativeHad I worked?It expresses an a past action, prior to another past action (expressed by theSimple Past):
E.g. Yesterday at 9 oclock I had had breakfast.
(Ieri la ora 9 luasem micul dejun.)
When you rang me up, I had finished writing my homework.
(Cnd mi-ai telefonat, terminasem de scris temele.)
In Romanian it is equivalent to mai mult ca perfect, but sometimes it is alsotranslated as perfect compus.
Past Perfect Continuous
S+had+VingAffirmativeI had been working.NegativeI had not (hadnt) been working.InterrogativeHad I been working?It expresses an action in full progress between two past moments, and it isusually combined with other past tenses, especially Past Simple:
E.g.. When he entered the room, she had been typing for one hour.(Cnd el a intrat n camer, ea btea la ma in de o or.)
After John had been watching TV for 10 minutes, he got bored.(Dup ce John privise (a privit) la televizor 10 minute, s-a plictisit.)He said it had been raining for three days.
(El a spus c ploua de trei zile.)It is translated by the Romanian mai mult ca perfect, perfect compus orimperfect, according to the context.
Future Tense Simple
S+shall/will+VAffirmative
I (shall) will goWe (shall) will go
27
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
28/36
You will goHe/she/it will goThey will goNegativeI (shall) will not go
We (shall) will not goYou will not goHe/she/it will not goThey will not goThe contracted forms : shall not" -shant, and will not" - wont.InterrogativeShall I go?Shall we go?Will you go?Will he/she/it/ go?Will they go?
N.B. The first person interrogative only uses shall".It shows a future action and it is translated with the Romanian viitor simplu:E.g. I (shall) will meet him next week.
(l voi ntlni sptmna viitoare.)Future ContinuousS+shall/will+be+VingAffirmativeI (shall) will be going.You will be going.He/she/it will be going.We (shall) will be going.You will be going.They will be going.NegativeI (shall) will not be going.You will not be going.He/she/it will not be going.We (shall) will not be going.You will not be going.They will not be going.Interogativ
Shall I be going?Shall we be going?Will you be going?Will he/she/it be going?Will they be going?It expresses an action in full progress at a future moment :
E.g. At three oclock, I will be travelling to England.(Mine la ora trei voi cltori spre Anglia.)
Future Perfect Simple
S+shall/will +have+Ved (regular verbs) or in the third form (irregularverbs)
28
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
29/36
AffirmativeI (shall) will have gone.You will have gone.He/she/it will have gone.We (shall) will have gone.
You will have gone.They will have gone.NegativeI (shall) will not have gone.You will not have gone.He/she/it will not have gone.We (shall) will not have gone.You will not have gone.They will not have gone.InterrogativeShall I have gone? Shall we have gone?
Will you have gone? Will you have gone?Will he/she/it have gone? Will they have gone?It expresses a future action prior to another future action and it is translated bythe Romanian viitor anterior:
E.g. By three oclock tomorrow, I will have reached Predeal.(Mine pna la ora trei voi fi ajuns la Predeal.)
Future Perfect ContinuousS+shall/will +have +been +VingI (shall) will have been going.
When you come home, I will have been studying for three hours.Cnd vei veni tu acas, voi studia (voi fi studiat) de trei ore.
It is rarely used; it expesses an action in full progress between two futuremoments.Other means of expressing future
Present Simple + future tense adverb, expressing a fixed,officially scheduled action:
E.g. I leave for London tomorrow.
(Plec/voi pleca la Londra mine.)
Present Continuous + future tense adverb , expressing a personalarrangement :
E.g. I am meeting John this morning.
(l ntlnesc/il voi ntlni pe John n dimineaa aceasta.)
to be going to" + infinitive, to express intention and/or probability: E.g. I am going to read this book.
(Voi citi/am de gnd s citesc aceast carte.)It is going to rain.
29
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
30/36
(Probabil va ploua).
LIST OF IRREGULAR VERBS
to be was, were been
to bear bore borne, born
to beat beat beaten
to become became become
to begin began begun
to bend bent bent
30
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
31/36
to bite bit bitten
to blow blew blown
to break broke broken
to bring brought brought
to build built built
to burn burnt burnt
to burst burst burst
to buy bought bought
to catch caught caught
to choose chose chosen
to come came come
to cost cost cost
to creep crept crept
to cut cut cut
to deal dealt dealt
to dig dug dug
to do did done
to draw drew drawn
to dream dreamt dreamt
to drink drank drunk
to drive drove driven
to eat ate eaten
to fall fell fallen
to feed fed fed
to feel felt felt
31
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
32/36
to fight fought fought
to find found found
to fly flew flown
to forbid forbade forbidden
to forget forgot forgotten
to forgive forgave forgiven
to freeze froze frozen
to give gave given
to go went gone
to grow grew grown
to hang hung hung
to have had had
to hear heard heard
to hide hid hidden
to hit hit hit
to hold held held
to hurt hurt hurt
to keep kept kept
to kneel knelt knelt
to know knew known
to lay laid laid
to lead led led
to lean leant leant
to learn learnt, learned learnt, learned
to leave left left
32
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
33/36
to lend lent lent
to let let let
to lie lay lain
to lose lost lost
to make made made
to mean meant meant
to mow mowed mown
to meet met met
to pay paid paid
to put put put
to read read read
to ride rode ridden
to ring rang rung
to rise rose risen
to run ran run
to say said said
to see saw seen
to seek sought sought
to sell sold sold
to set set set
to sew sewed sewn
to shake shook shaken
to shine shone shone
to shoot shot shot
to show showed shown
33
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
34/36
to shrink shrank shrunk
to shut shut shut
to sing sang sung
to sink sank sunk
to sleep slept slept
to slide slid slid
to smell smelt smelt
to sow sowed sown
to speak spoke spoken
to spell spelt spelt
to spend spent spent
to spill spilt split
to spread spread spread
to stand stood stood
to stea1 stole stolen
to stick stuck stuck
to stride strode stridden
to strike struck struck
to strive strove striven
to swear swore sworn
to sweep swept swept
to swim swam swum
to take took taken
to teach taught taught
to tell told told
34
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
35/36
to think thought thought
to throw threw thrown
to understand understood understood
Contents
GENERAL PRINCIPLES 2
CLASIFICATION OF CRIMES .2
(a) Source of criminal law ..2
35
-
8/8/2019 21691775 Curs Drept I IFR Sem I Engleza
36/36
(b) Seriousness of offence ..2(c) Nature of crimes 2
BASIS OF CRIMINAL LIABILITY ...4PARTIES TO A CRIME ... 5
(a) Principals 5(b) Accessories .5
RESPONSIBILITY FOR CRIMINAL ACTS 7
(a) Minors .7(b) Insane persons .7(c) Intoxicated persons .8(d) Corporations ...8
SECURITY FROM BUSINESS CRIMES 10
LARCENY 10ROBBERY 11BULGLARY .11ARSON .12RECEIVING STOLEN GOODS 12EMBEZZLEMENT .14OBSTAINING GOODS BY FALSE PRETENCES .14FALSE WEIGHT, MEASURES AND LABELS ..15SWINDLES AND CONFIDENCE GAMES .15COUNTERFEIT MONEY ..15USE OF MAILS TO DEFRAUD 17
LOTTERIES 18FORGERY ...19CRIMINAL LIBEL .20RIOTS AND CIVIL DISORDERS 21
GRAMMAR HIGHLIGHTS. Formation of tenses in English 22Present Simple ..22Present Simple Continuous .22Past Simple ...23Past Continuous ...24Present Perfect Simple .25Present Perfect Continuous .27
Past Perfect Simple ..27Past Perfect Continuous ..28Future Simple ...29Future Continuous ...30Future Perfect Simple ..31Future Perfect Continuous ..31Other means of expressing future ..31
Irregular verbs .33