Limba Engleza

UNIVERSITATEA TRANSILVANIA DIN BRAOV

FACULTATEA DE DREPT

LIMBAJ JURIDIC II limba engleza

SUPORT DE CURS REDACTAT N TEHNOLOGIE ID

ASIST.UNIV.DR. CRSITINA VALCEA

AN I, SEMESTRUL II

2014

Introducere

Acest curs se adreseaza studentilor de la Facultatea de Drept din anul I, semestrul II. Cursul

se doreste a fi o introducere a studentilor in tainele englezei generale si specializate prin

exercitii practice care vizeaza imbunatatirea cunostintelor lor de engleza aferente domeniului

lor.

Obiectivele cursului

Cursul urmareste activarea cunostintelor anterioare si consolidarea

acestora prin expunerea studentilor la o varietate de activitati care le

va asigura o imbunatatire a cunostintelor de engleza generala si de

specialitate.

Cursul urmareste pregatirea studentilor pentru piata muncii prin

introducerea unor activitati care sa ii ajute sa-si redacteze un CV, o

scrisoare de intentie, sau alte documente necesare angajarii

Competene conferite

Studentii vor fi capabili sa citeasca si sa inteleaga un text de

specialitate.

Studentii vor fi capabili sa ofere scurte prezentari de specialitate in

limba engleza

Studentii vor fi capabili sa redacteze scurte texte de specialitate in

care sa reuneasca toate abilitatile pe care le-au acumulat pe

parcursul semestrului

Studentii vor fi capabili sa redacteze un CV si sa se prezinte la un

interviu

Resurse i mijloace de lucru

Pentru o buna desfasurare a activitatii, studentii vor avea acest

manual care le va oferi informatiile necesare acumularii de

informatii;

Este recomandabil sa detina si sa lucreze cu un dictionar

roman-englez, englez-roman care le va permite un acces mai

mare la informatiile din manual;

Activitatile vor avea atat un caracter colectiv cat si individual,

dandu-le astfel posibilitatea de a lucra atat la scoala cat si

acasa

Structura cursului

o Cursul contine 3 module

Fiecare modul va fi compus din 6 unitati de invatare, tinand

cont ca fiecare unitate de invatamant trebuie parcursa in 23 ore.

Manualul este prevazut cu trei teme de control.

Dat fiind faptul ca manualul contine trei module, la sfarsitul

fiecarui modul exista o tema de control, deci in total trei teme de

control.

Temele de control vor fi predate la sfarsitul semestrului si vor

face parte din evaluarea finala, avand o pondere de 50%.

Cerine preliminare

Este foarte important ca studentii sa fi studiat limba straina pe parcursul a

cel putin doua module pentru a se acomoda atat cu limba de predare cat si cu

informatiile furnizate in material.

Discipline deservite

- Limba straina insasi.

Durata medie de studiu individual

Pentru parcurgerea unei unitati de invatare estimam ca timpul necesar este

de 23 ore de studiu individual.Aceasta conduce la un numar total de 18 ore.

Evaluarea

ponderea evalurii finale (colocviu) este de 50% din nota finala

ponderea evalurilor pe parcurs (teme de control) este de 50%

Cuprins

Pentru cursurile structurate pe MODULE

Introducere ...................................................................................................................................

Chestionar evaluare prerechizite .................................................................................................

Modulul I :ENGLISH FOR LAW.. ...........................................................................................

.................................................................................................................. Introducere.

................................................................................................................... Competene

.................................................................... Unitatea de nvare I.1 English for Law.

........................................................................................ I.1.1. Introducere

........................................................................................ I.1.2. Competene

....................................................................... Unitatea de nvare I.2 Present Forms

........................................................................................ I.2.1. Introducere

........................................................................................ I.2.2. Competene

.............. Unitatea de nvare I.3 Expressing obligation, ability, advice, permission.

........................................................................................ I.3.1. Introducere

........................................................................................ I.3.2. Competene

................................................................... Unitatea de nvare I.4 Employment law.

........................................................................................ I.4.1. Introducere

........................................................................................ I.4.2. Competene

.......................................................................... Unitatea de nvare I.5 Law bulletin.

........................................................................................ I.5.1. Introducere

........................................................................................ I.5.2. Competene

............................................................... Unitatea de nvare I.6 Cross-examination.

........................................................................................ I.1.1. Introducere

........................................................................................ I.1.2. Competene

Tem de control ..........................................................................................

Modulul II.TRIAL ........................................................................................................................

.................................................................................................................. Introducere.

................................................................................................................... Competene

...................................................................................... Unitatea de nvare II.1.Trial

....................................................................................... II.1.1. Introducere

....................................................................................... II.1.2. Competene

Unitatea de nvare II.2.Giving Instructions ............................................

....................................................................................... II.2.1. Introducere

....................................................................................... II.2.2. Competene

Unitatea de nvare II.3.Advocacy Practice .............................................

....................................................................................... II.3.1. Introducere

....................................................................................... II.3.2. Competene

Unitatea de nvare II.4.Present Perfect ....................................................................................

....................................................................................... II.4.1. Introducere

....................................................................................... II.4.2. Competene

Unitatea de nvare II.5.Giving Directions ................................................................................

....................................................................................... II.5.1. Introducere

....................................................................................... II.5.2. Competene

Unitatea de nvare II.6.Latin English .......................................................................................

....................................................................................... II.6.1. Introducere

....................................................................................... II.6.2. Competene

Tem de control ............................................................................................................

Modulul III People in the Law .....................................................................................................

.................................................................................................................. Introducere.

................................................................................................................... Competene

.............................................................. Unitatea de nvare III.1 People in the Law.

..................................................................................... III.1.1. Introducere

..................................................................................... III.1.2. Competene

....................................................................................................................

..................................................................... Unitatea de nvare III.2 Verb patterns.

..................................................................................... III.2.1. Introducere

..................................................................................... III.2.2. Competene

................. Unitatea de nvare III.3 Expressions with work, take, get, make and do.

..................................................................................... III.3.1. Introducere

..................................................................................... III.3.2. Competene

................................................................. Unitatea de nvare III.4.Reported Speech

..................................................................................... III.4.1. Introducere

..................................................................................... III.4.2. Competene

....................................................................................................................

.................................................... Unitatea de nvare III.5 Punishment and Penalty.

..................................................................................... III.5.1. Introducere

..................................................................................... III.5.2. Competene

......................................................................................................................................

........................................................................ Unitatea de nvare III.6 Conditional.

..................................................................................... III.6.1. Introducere

..................................................................................... III.6.2. Competene

Tem de control ..........................................................................................

Bibliografie

Chestionar evaluare prerechizite

Questions 1 6

Read the following extract from a reference book on contracts.

Choose the best word or phrase to fill each gap from A, B, C or D below.

For each question 1 6, mark one letter (A, B, C or D) on your answer sheet.

There is an example at the beginning (0).

Incapacity in General

Even though individuals differ markedly in their ability to represent their own interests in

the bargaining process, a person is generally (0) .able.............. to have full power to bind

himself contractually. Only in extreme (1) ............... is ones power regarded as impaired

because of an inability to participate meaningfully in the bargaining process. One whose

power is so impaired is said to lack capacity to contract and is (2) ............... to special rules

that allow him to avoid the contracts that he makes in order to protect him from his own

Questions 7 12

Read the following extract from a rental contract.

Choose the best word to fill each gap from A, B, C or D below.

For each question 7 12, mark one letter (A, B, C or D) on your answer sheet.

PROVISION FOR LATE CHARGES UNDER LEASE

Tenant acknowledges that late payment of rent will cause Landlord to (7) ............... costs not

contemplated by this Lease, the exact amount of which will be extremely difficult to (8) ............... .

These costs include, but are not (9) ............... to, processing and accounting charges, and late charges

improvident acts.

Two principal kinds of defects are today (3) ............... as impairing the power to contract:

immaturity and mental infirmity. In the past, the common law regarded a womans

marriage as (4) ............... her of her separate legal identity, including the capacity to

contract, during the life of her husband. (5) ............... , this disability was largely removed

by statutes (6) ............... in the nineteenth century.

1

A stages B junctures C occasions D circumstances

2

A subject B conditional C liable D open

3

A granted B recognized C conceded D appreciated

4

A depriving B debarring C dissolving D dismissing

5

A For example B In particular C However D Consequently

6

A realized B ruled C legislated D enacted

which may be (10) ............... on Landlord by the terms of any Superior Leases and Mortgages.

Accordingly, if any installment of Monthly Rent or payment of additional rent is not received by

Landlord or Landlords designee within fourteen days after the amount is (11) ............... , Tenant shall

pay to Landlord a late charge equal to ten per cent of said amount. Acceptance of late charges by

Landlord shall not constitute a waiver of Tenants default with respect to said amount, nor prevent

Landlord from (12) ............... any of the other rights and remedies granted hereunder or at law or in

equity.

7

A derive B acquire C collect D incur

8

A affirm B classify C ascertain D locate

9

A contained B limited C held D bound

1

0

A imposed B dictated C obliged D required

1

1

A owing B scheduled C due D unpaid

1

2

A practising B exercising C commanding D undertaking

Questions 13 22

Read the following extract from a journal article about competition.

Think of the best word to fill each gap.

For each question 13 22, write one word in CAPITAL LETTERS on your answer sheet.

There is an example at the beginning (0). Example:

T H E R E 0

PRINCIPLES OF COMPETITION

Invariably in every law (0) ............... are provisions which tend to be overlooked. The Commercial

Agents Regulations are no exception. Ten cases concerning the Regulations have reached the UK

courts since 1994, but (13) ............... of them has concerned the provisions which deal with an agent

competing against his or her principal. (14) ............... part this can be attributed (15) ............... the fact

that the other provisions of the Regulations have had (16) ............... a great effect on agency law that

the non-compete provisions may seem to pale into insignificance. But principals who overlook these

regulations (17) ............... so at their peril.

It has always (18) ............... open to a principal to include a non-compete provision in an agency

contract. The most important consideration here is whether a provision of this nature might be void

(19) ............... a result of infringing the common law doctrine of restraint of trade. (20) ............... it is

fairly easy to determine the legality of restrictions which are either extremely harsh in terms (21)

............... their geographical extent and duration (22) ............... quite lenient, the question of (23)

............... to treat a moderate non-compete provision can be hard to resolve. In practice, (24) ...............

that can be said with certainty is that the narrower the restriction, the greater the chance of

enforceability.

Modulul I. ENGLISH FOR LAW

Cuprins

Modulul I :English for law.. ........................................................................................................

.................................................................................................................. Introducere.

................................................................................................................... Competene

.......................... Unitatea de nvare I.1 Introduction into English for Law students.

........................................................................................ I.1.1. Introducere

........................................................................................ I.1.2. Competene

....................................................................... Unitatea de nvare I.2 Present Forms

........................................................................................ I.2.1. Introducere

........................................................................................ I.2.2. Competene

.............. Unitatea de nvare I.3 Expressing obligation, ability, advice, permission.

........................................................................................ I.3.1. Introducere

........................................................................................ I.3.2. Competene

................................................................... Unitatea de nvare I.4 Employment law.

........................................................................................ I.4.1. Introducere

........................................................................................ I.4.2. Competene

......................................................................... Unitatea de nvare I.5 Law Bulletin.

........................................................................................ I.5.1. Introducere

........................................................................................ I.5.2. Competene

............................................................... Unitatea de nvare I.6 Cross-examination.

........................................................................................ I.1.1. Introducere

........................................................................................ I.1.2. Competene

Tem de control

Introducere

This unit will give you information about some important law terms that are

frequent in law language. Their importance is given by the fact that they represent

only a beginning of the study of english for law purposes.

COMPETENTE

After this unit you will be able to use these words and structures in phrases or

sentences that you could build up yourself.

Unitatea de nvare I.1. INTRODUCTION INTO ENGLISH FOR

LAW STUDENTS

I.1.1. Introducere

This unit deals with basic vocabulary that is absolutely vital for the law

students

I.1.2. Competenele unitii de nvare

At the end of this unit students will present a certain degree of

independence in their use of the law vocabulary

Durata medie de parcurgere a primei uniti de nvare este de 3 ore.

Exemple

Exercise 1: Look at these sentences and decide if the word in bold is being used

correctly in the context of the sentence (there is an explanation of the word that should

be used in brackets at the end of the sentence). If you think the word is wrong, look for

the correct word. You will find this in one of the other sentences.

1. When pieces of broken glass were found in some of its food products, the company

was held eligible. (responsible for what had happened)

2. When he was asked to explain his actions, he had no valid explanations. (being

acceptable because it is true or relevant)

3. The sacked workers claimed unfair dismissal, and demanded a fair and intangible

hearing. (not biased or prejudiced)

4. Goodwill is one of a company's admissible assets, and as such it cannot be declared

as part of the company's capital. (difficult to value as it does not exist physically)

5. He was accused of trying to obtain a fiduciary advantage by getting involved in

insider dealing. (financial)

6. At the trial, the judge took the unprecedented step of asking the claimant to remove

his shirt. (not having happened before)

7. The company solicitor examined the contract very carefully, and eventually declared

it irreconcilable. (not having any legal effect)

8. The documents produced were not considered relevant to the case and were therefore

not unanimous. (referring to evidence which a court will allow to be used)

9. The magazine was acquitted of libel when the jury returned a gross verdict of 'not

guilty'. (where everyone votes in the same way)

10. All shareholders are accountable to vote at the Annual General Meeting. (able or

allowed to do something)

11. The judge accepted that Mr Johnson could not go back to work in the same

company because of void differences of opinion between him and the Directors. (very

strong, so that it is not possible for two sides to reach an agreement)

12. The rail company was accused of impartial negligence by failing to ensure

passengers' safety. (serious)

13. Interest charges are tax deductible so we haven't made as much as we had hoped.

(able to be removed)

14. After a terrible year, during which it lost almost 8 million, the company was

declared insolvent. (not able to pay debts)

15. A company director has a pecuniary duty to the company he works for and the

people who work there. (acting as trustee for someone else, or being in a position of

trust)

Exercise 2: In this exercise, the first part of each word is already in the sentence.

Complete it

with the second part, which you will find in the box.

__atim _ __ditional _ __dulent _ __empt _ ___ended _ __erial

__gious _ __inal _ __itual _ __ndant _ __orate _ __pational

__sible _ __tiable _ __tory _ __vent

1. Because of the recent phenomenon of the 'compensation culture', claims for

occu____ accidents have almost doubled in the last ten years. (referring to jobs and

work)

2. So many complaints about the company's behaviour were reported that a manda____

injunction was imposed ordering them to cease trading. (obligatory or necessary

according to the law or rules)

3. Some special savings accounts are popular with small businesses because the interest

paid is ex____ from tax. (not required to pay, or not covered by law)

4. The terms of the contract are nego____ up to the moment it is signed. (able to be

changed by discussion)

5. The claimant produced a verb____ transcript of the conversation he had had with the

defendant. (in the exact words)

6. On the claimant's application for summary judgement, the defendant was given

uncon____ leave to defend himself. (with no conditions attached)

7. The company was accused of making a frau____ insurance claim by exaggerating

the value of the goods it had lost. (not honest, aiming to deceive people for financial

gain)

8. Technically we can sue the company for breach of contract, although this is not really

a fea____ option. (possible or practical)

9. New legislation has made Clause 6b of the contract redu____. (no longer needed or

valid)

10. Hab____ breaches of safety regulations are being investigated by the Health and

Safety Officer. (doing something repeatedly)

11. When he bought the company, it was barely sol____ but he turned it into one of the

most successful organisations in the country. (having enough money to pay debts)

12. The lawsuit against the organisation was dropped because there was not enough

mat____ evidence. (important or relevant)

13. We were expecting to receive a big fine, but in the event we were ordered to pay

only nom____ damages. (a very small amount)

14. The issues of corp____ responsibility at local, national and international levels have

been receiving a lot of coverage in the press. (referring to a company)

15. The contract is open-____ although there is an initial probationary period. (with no

fixed period, or with some items not specified)

16. Be careful what you say: some companies are extremely liti____. (very willing to

bring a lawsuit against someone to settle a disagreement)

Exercise 3. Complete definitions 1 30 with the first part of an appropriate expression

from the first

box, and the second part from the second box.

articles burden compulsory confidential data employers'

employmentforce freezing fundamental grievance intellectual

joint(x2) limited memorandum(x2) obligation out power pre-emption

terms trade unfair unliquidated unprofessional vicarious winding

without wrongful

and conditions and several breach clause competition conduct

damages dismissal ...information ...injunction liability (x3) liquidation

majeure mark of association (x2) of attorney of confidentiality of court

of proof of satisfaction prejudice procedure property protection

tribunal up venture

1. An official power giving someone the right to act on someone else's behalf in legal

matters is called __________.

2. The protecting of information about individuals stored in a computer from being

copied or used wrongly is called __________.

3. __________ is a phrase spoken or written in a letter when attempting to negotiate a

settlement which means that the negotiations cannot be referred to in court or relied

upon by the other party if discussions fail.

4. A __________ is a business partnership where two or more companies join together

as partners for a limited period.

5. __________ is an expression of French origin that is used for something which

happens which is out of control of the parties who have signed a contract (for example,

a war or a storm), and is also known as an act of God.

6. A __________ refers to the various steps an employee takes if he / she wants to

complain about his / her employers.

7. __________ are the contents of a document which regulate the way in which a

company's affairs (such as the appointment of directors or the rights of shareholders)

are managed.

8. A section in a company's (number 7 above) which requires any shares offered for

sale to be first offered to existing shareholders is known as a __________.

9. When a company is put into liquidation, this is often known as __________.

10. The legal responsibility of an employer when employees are subject to accidents

due to negligence on the part of an employer is called __________.

11. The legal responsibility of one person for the actions of another person, especially

the responsibility of an employer for acts committed by an employee in the course of

work, is called __________.

12. A __________ company is a company where each shareholder is responsible for

paying the company's debts only to the face value of the shares he / she owns.

13. A __________ is a legal document setting up a limited company and giving details

of its aims, capital structure, and registered office.

14. A __________ is a document showing that a company has repaid a mortgage or

charge.

15. A situation where two or more parties share a single legal responsibility, and each

party is also liable for the whole claim, is called __________ liability.

16. When a dispute between two parties is settled before it gets to court, it is known as

an __________ settlement.

17. When an overseas company (or an individual) cannot access its assets because a

court order prevents it from doing so, this is known as a __________.

18. __________ are compensatory payments which are not for a fixed amount of

money but are awarded by a court as a matter of discretion depending on the case.

19. The duty to prove that something which has been alleged in court is true is known

as the __________.

20. Behaviour which is not suitable for a professional person and goes against the code

of practice of a profession is called __________.

21. Facts which are secret and must not be passed on to other people are called

__________.

22. A body responsible for hearing work-related complaints as specified by statute is

called an __________.

23. An __________ is a legally-binding rule that is imposed on the recipient of private

or secret information which states that the recipient should not pass the information on

to someone else.

24. The name, design or other feature which identifies a commercial product, has been

registered by the maker and cannot be used by other makers is called a 'registered

__________'.

25. __________ is something such as a copyright, patent or design which someone has

created or produced that no-one else can legally copy, use or sell.

26. The conditions which have to be carried out as part of a contract, or arrangements

which have to be made before a contract is valid, are called __________.

27. The removal of someone from a job for a reason that cannot be justified, and which

is in breach of contract, is called __________.

28. __________ is an attempt by one company to do better than another company by

using methods such as importing foreign products at very low prices or by wrongly

criticising a competitor's products.

29. A failure to carry out an essential or basic term of a contract is known as a

__________.

30. __________ is when a court orders a company to close and its assets to be sold.

Exercise 4. Complete this text with words or expressions from the box.

Contracts

1. accepted 2. agreement 3. breach 4. consideration 5. contractual liability 6. damages 7.

express 8. implied 9. intention 10. obligations 11. offer 12. reward 13. signed 14. stated

15. sue 16. terms 17. under seal 18. verbally 19. voided 20. writing

A contract can be defined as 'an __________ between two or more parties to create

legal __________

between them'. Some contracts are made '__________': in other words, they are

__________ and sealed

(stamped) by the parties involved. Most contracts are made __________ or in

__________. The essential

elements of a contract are: (a) that an __________ made by one party should be

__________ by the other;

(b) __________ (the price in money, goods or some other __________, paid by one

party in exchange for

another party agreeing to do something); (c) the __________ to create legal relations.

The __________ of a

contract may be __________ (clearly stated) or __________ (not clearly __________

in the contract, but

generally understood). A __________ of contract by one party of their __________

entitles the other party

to __________ for __________ or, in some cases, to seek specific performance. In such

circumstances, the

contract may be __________ (in other words, it becomes invalid).

Exercise 5: Choose the best word in bold to complete each of these sentences. Many of

the expressions are particular to the law of England and Wales, but will probably have

equivalents in other countries.

Court orders and injunctions

1. People who cause trouble in a particular place may be legally prevented from going

to that place again. This is known as a banning / bankruptcy order.

2. In Britain, if someone is causing someone distress, harm or harassment, the police

can apply for an ASDA / ASBO in order to restrict their behaviour.

3. In a civil case, a court may impose a search / hunt order allowing a party to inspect

and photocopy or remove a defendant's documents, especially if the defendant might

destroy those documents.

4. A promise given to a court (for example, by a vandal who promises not to damage

property again) is known as an undertaker / undertaking.

5. Sometimes a temporary injunction can be imposed on someone until the case goes to

court. This is known as a temporary or interlocutory / interim injunction.

6. A restraining / restriction order is a court order which tells a defendant not to do

something while the court is still making a decision.

7. If someone applies for an injunction against a person with a mental disability, a third

party will be appointed to act for that person. This third party is known as a litigation

assistant / friend.

8. A frozen / freezing order or injunction prevents a defendant who has gone abroad

from taking all his assets (for example, the money in his bank account) abroad

(although he is allowed to take out money for living expenses).

9. If you want to stop a magazine publishing an article about you (or photographs of

you) that you do not like, you can apply for a publicity / publication injunction.

10. A person who repeatedly harasses, pesters or hits another person might be given a

non-proliferation / non-molestation order to prevent him / her from continuing to do

it.

11. If your partner is trying to get you out of your shared home, or if he / she won't let

you back into your home, you can apply for an occupation / occupying order to remain

/ get back into the home.

12. Housing / Home injunctions might protect you if you live in a council home and

your neighbours are annoying and harassing you, or if you are a private tenant being

harassed by your landlord.

13. A Common / Public Law injunction can sometimes be applied for if one partner of

an unmarried couple is harassing, assaulting or trespassing on the property of the other.

14. Reconstitution / Restitution orders are court orders asking for property to be

returned to someone.

15. An order of discharge / disclosure is a court order releasing someone from

bankruptcy.

16. Many injunctions have a penal / penalty notice attached, which states that if the

injunction is broken, the offender could be sent to prison.

17. Injunctions aimed at preventing violence may carry a power of arrest / arrears

clause, which allows the police to take the offender into custody if the injunction is

broken.

18. If an injunction is broken, committal / committee proceedings might follow: this is

a process in which a court is asked to send the person who has broken the injunction to

prison.

Exercise 6.

Look at the list of crimes in the box, then look at the categories below. Decide which

category each one comes under, and write the crime in the appropriate space in the

table. Some crimes can be listed under more than one category. One of the words /

expressions in the list is not a crime.

A crime is an illegal act which may result in prosecution and punishment by the state if

the accused (= the person or people charged with a crime) is / are convicted (= found

guilty in a court of law). Generally, in order to be convicted of a crime, the accused

must be shown to have committed an illegal (= unlawful) act with a criminal state of

mind.

1. abduction 2. actual bodily harm 3. aiding and abetting (= assisting) an offender 4.

arson 5. assault 6. battery 7. being equipped to steal 8. bigamy 9. blackmail 10. breach

of the Official Secrets Act 11. breaking and entering 12. bribery 13. burglary 13.

careless or reckless driving 14. committing a breach of the peace 15. conspiracy 16.

contempt of court 17. criminal damage (vandalism, and sometimes also hooliganism)

18. deception or fraud in order to obtain property, services or pecuniary advantage 19.

driving without a licence or insurance 20. drug dealing 21. drunk in charge / drink

driving 22. embezzlement 23. espionage 24. forgery 25. grievous bodily harm 26.

handling stolen goods 27. indecency 28. indecent assault 29. infanticide 30.

manslaughter 31. misuse of drugs 32. money laundering 33. murder 34. obscenity 35.

obstruction of the police 36. paedophilia 37. perjury 38. perverting the course of justice

39. piracy 40. possessing something with intent to damage or destroy property 41.

possessing weapons 42. racial abuse 43. rape 44. robbery 45. sedition 46. suicide 47.

terrorism 48. theft 49. treason 50. unlawful assembly 51. wounding

Crimes against the person

Crimes against property

Public order offences

Road traffic offences

Sexual offences

Political offences

Offences against justice

S ne reamintim...

English for law is a complex structure that demands a lot of practice which

can be acquired by exercices.

Unitatea de nvare I.2. PRESENT TENSES

I.X.1. Introducere

This unit presents THE STRUCTURE AND USE OF PRESENT TENSES

I.X.2. Competenele unitii de nvare

After this unit you will know how to differentiate between the present

tenses and you will be able to to work with them independently.


You have been learning about the rules of present forms all your school life, so

you should be quite aware of them. That is why there are no rules included in this

book, but quite a few exercises that might help you revise and thus improve also

your speaking skills. To make your work easier I just included a few examples (I

live in a block of flats. She goes to work every day. They always travel to work

by car. I dont have any experience. He doesnt like team work. Where do you

come from? When does she get up in the morning? What are you doing?

Im reading these sentences now. It isnt raining outside.)

I. Answer these questions:

What do you do? And what are you doing at this moment? Im a student. Im

doing an exercise at the moment Im answering questions.

Do you use a computer? Are you using it now?

How often do you use it?

When do you work/study long hours?

Why do people go back to school?

What do you most enjoy about your school/work? Is there anything you dont

enjoy?

Do you come from a big family?

How many siblings do you have?

Do you get on well with them?

Do you go on holidays with your family? Where do you usually go?

Do you meet a lot of different people?

Do you have a lot of money? If so, how do you spend it?

Where does your best friend work/study?

II. Complete the dialogue using the verbs in brackets:

A: Where _________________ (you come) from? Where do you come from?

B: I _________________ (come) from Manchester.

A: _________________ (you live) in Manchester?

B: No, I _______________ (not live) in Manchester. I _______________ (live)

in London.

A: What _________________ (you do)?

B: Im an engineer. I _________________ (work) for Ben Johnson & Son Ltd.

A: How often _________________ (you travel) abroad?

B: I _________________ (not do) it very often. I very seldom go anywhere.

III. Fill in the correct present form:

Its 10 oclock on Monday morning in Atomic Ltd. In the Research and

development department they are having (have) a meeting at the moment.

Everybody who is involved in the new project _____________________(attend)

it. At the moment Bob _____________________(present) his ideas. He has

prepared an interesting PowerPoint presentation and while showing it, he

____________________(explain) several features.

They _____________________(organise) such meetings every Monday morning.

After these meetings, they all _____________________(return) to their desks

where they continue with the tasks.

In the production department the foreman _____________________(walk)

around the production plant and _____________________(control) the process.

He always _____________________(make) sure that things

_____________________(not go) wrong as that _____________________(be)

usually very costly.

Outside, at the loading ramp a van is parked. Some workers

_____________________(load) the truck with the faulty components they

received yesterday. They _____________________(send) them back to the

manufacturer.

I work (work) for an electric company, called New Electrics.

It is located in Kent and it _____________________(supply) a lot of households

with electricity. We also _____________________(provide) other services as we

want to have satisfied customers. If something _____________________(break)

somewhere in the system, we always _____________________(send) a specialist

right away. If he _____________________(not know) what to do, another expert

_____________________(come) and _____________________(have) a look at

the fault or damage.

We usually have most work after different kinds of storms when lines are broken

and whole areas are left without electricity. That also happened last night when

we had this huge storm so I really _____________________(not have) much

time as I must rush off to help people in trouble.

Hello, I am Bob Livingston. I am (be) the Technical and Quality Manager at GBS

in Berlin and I _____________________(work) within the Materials Testing

Division which _____________________(make) equipment used by different

companies. They use our equipment to test different properties of materials, such

as strength, durability, softness, resilience and so on. GBS

_____________________(employ) about 2,800 people and

_____________________(be) a leading supplier of this type of equipment.

Im responsible for operations which _____________________(mean) that Im

in charge of Research & Development and Quality. If something

_____________________(go) wrong, Im the one who

____________________(have) to find a solution and who

_____________________(provide) answers to the Board.

Currently, we _____________________(work) with our new clients from Japan.

They have just placed a huge order so we _____________________(have) some

difficulties fulfilling it. We have called in all workers, also the ones taking a

holiday so we can finish the work on schedule.

Jonathan Black is (be) an executive recruitment specialist who has turned to

writing. The result is the book Bosses Speak, based on interviews with 30 Chief

Executives. Each top manager none of them very famous is given a chapter

and there is also some introductory material and a conclusion. This

____________________(mean) you can jump from one person to another which

is good for people who ____________________(be) too busy to read a book

from cover to cover. It ____________________(not be) expensive although

whether its good value for money its doubtful.

Some of the interviewees started their own business while others joined a

company and worked their way up. Some ____________________(be) fairly

new in their position while others have had years of experience. However,

Jonathan _____________________(not seem) interested in these differences.

They work in different area, from retailing to airlines, engineering, construction

and software. This variety also _____________________(form) the main theme

of the book.

I have to say that Jonathans approach _____________________(annoy) me. He

rarely _____________________(stay) at a distance from his interviewees, who

are mostly presented in their own, positive words. However, he

_____________________(seem) to dislike certain interviewees. As a result, I

_____________________(not know) whether to accept any of his opinions or

not. It also means that the book _____________________(give) no clear lessons.

At the very least, I expected to learn what _____________________(make) a

successful Chief Executive. But these people seem to share two types of qualities.

Some of them are very common, suggesting that anyone can be equally

successful, which definitely is not true.

And the other qualities are the ones that most successful bosses Ive seen or met

definitely _____________________(not have). So in the end, Im not much

wiser what _____________________(go) on.

Perhaps Im being unfair. As long as you _____________________(not think)

about whether you would like them as friends, and pay no attention to what they

say, the most readable parts are where bosses describe their way to their present

position.Nevertheless, Jonathan _____________________(seem) to think that his

book would be useful for people who _____________________(aim) for the top.

IV. Correct these sentences:

Engineers has to work closely with production. Engineers have to work closely

with production.

What does they talk about, is it the new project?

Does your company produces electronics?

Im thinking this is your design. Do I right?

What does these mechanics do?

An engineer is using the computer every day.

How often does you have to work overtime?

S ne reamintim...

Lets reember the uses of present tenses

Rezumat

This unit introduces the present tenses with uses and forms.

. Unitatea de nvare I.3. EXPRESSING OBLIGATION, ABILITY,

ADVICE, PERMISSION

I.1.1. Introducere

This unit deals with the EXPRESSION OF OBLIGATION, ABILITY,

ADVICE AND PERMISSION


At the end of this unit students will use the modalizing values by themselves


Exemple

You can do all that with the use of modal verbs. We can express strong obligation

or prohibition with must mustnt (I must go now, Im very late. You must start

exercising if you want to be healthier. You mustnt mix that, it can cause an

explosion.). Mild obligation is expressed with the correct form of the verb have to

(I have to go to a meeting this afternoon. She has to get up early to get to work on

time. Next week they will have to work long hours to fulfil all the orders. She had

to recharge her mobile this morning as the battery went dead. Mike doesnt have

to commute to the factory as he lives five minutes away.). We express ability

with can cant, could couldnt, be able to (I can speak English but I cant

speak French. When she was only two, she could swim like a fish. When I finish

this book, I will be able to speak English much better.) Can, could are besides

may, might (which are also used to express possibility) also used for permission

(Can I use your computer for a while, mine has crashed? Could she attend the

meeting? May I borrow your car? I may be able to help you.).

To express advice and sometimes criticism should is used (You shouldnt touch

that, it can kill you! She should go home and stay in bed if shes ill. If you wanted

to pass the test, you should have studied more!).

I . Complete these sentences with the correct modal verbs:

We will have to go to school by bus as we seem to have car trouble.

Im really up to my eyes today. I wonder if I ____________ call you back

tomorrow.

300,000! You ____________ be right. It ____________ be a mistake.

Give me ten minutes. Ill call you back. We ____________ be able to send you

the shipment today.

You ____________ think twice before making accusations!

We ____________ all open our eyes and pay more attention to the dangers

around us.

Im sorry but I ____________ help you anymore.

Each member of a team ____________ do their share of work.

Be careful, the floor is slippery, you ____________ slip and break an arm or leg

or even worse.

____________ I have a beer, please?

If I want to earn some holiday money, I ____________ work overtime.

____________you ____________ go now? Its running late.

Look, you seem ill to me. I think you ____________ go home early today.

You ____________ use a metal ladder here. You ____________ get killed.

Its easy to do that and you ____________ spend a lot of money.

You ____________ leave any machine running if theres no one present.

We ____________ stay at work all night yesterday as we had so many urgent

orders.

II. Two friends are discussing what is allowed to carry on the plane. Complete the

dialogue with the missing modal verbs:

Pete: Can I bring this laptop on board?

Jack: Yes, but Im afraid you ____________ take those scissors with you.

Pete: ____________ I pack this camera in my suitcase?

Jack: No, you ____________. You ____________ take it in your hand luggage.

Pete: Do I ____________ leave the knife in my suitcase?

Jack: Yes, of course, you ____________ carry anything sharp on board of the

plane.

Pete: What about an umbrella?

Jack: You ____________ worry about an umbrella. It is allowed to have one in

your carry on luggage.

Pete: And finally, what about drinks?

Jack: Liquids are only allowed if they are less than 100 ml. You ____________

buy something to drink either after you pass the security controls or on the plane.

Pete: Thanks so much. Youve really been very helpful.

S ne reamintim...

Lets reember the uses of modal verbs

Rezumat

This unit introduces the uses of modal verbs

Unitatea de nvare I.4. EMPLOYMENT LAW

I.1.1. Introducere

This unit deals with the elements of the employment law


By completing the exercises in this chapter you will:

_ Consider language and grammar appropriate to an Employment Tribunal

_ Consider reported and direct speech within the context of employment law

_ Use appropriate vocabulary in the course of negotiating an employment law case

_ Undertake language practice in the course of an unfair dismissal claim

_ Acquire an appreciation of the law of unfair dismissal and Employment Tribunal

practice and procedure


Exemple

Unfair dismissal

There is a statutory right in English law not to be unfairly dismissed from

employment,

as provided by s. 94 Employment Rights Act 1996. An employee normally requires

at least one years service with his or her employer in order to be eligible to pursue

an unfair dismissal claim. This qualifying period does not apply however in

discrimination cases (such as dismissals based on race, sex, disability, sexual

orientation or religious/belief discrimination). There is a three-month limitation

period (commencing from the date of dismissal) for issuing a claim for unfair

dismissal. The venue for hearing unfair dismissal claims is known as an

Employment Tribunal (ET).

The law of unfair dismissal

To defend an unfair dismissal claim an employer must firstly satisfy the

Employment Tribunal that the employee was dismissed for a legally acceptable

reason pursuant to

s. 98 of the Employment Rights Act 1996 (ERA). This includes for instance

conduct,

capability (including ability or professional qualifications) and redundancy.

A large percentage of unfair dismissal claims are defended on the basis of the

employer

contending that the dismissal was justified on the first of these grounds, namely

conduct. In order for a dismissal on the ground of conduct to be fair in law as

opposed to unfair, it must be a reasonable response to the conduct in question.

Alternative possibilities should have been considered by the employer (such as a

written warning or demotion as opposed to dismissal).

If the ET determines that the reason for dismissal does not come within s. 98 ERA

then it will make a finding of unfair dismissal. If however it is satisfied that

dismissal was for one of the legally acceptable reasons it will then consider whether

the dismissal was fair in all the circumstances. This involves consideration of

whether the employer adopted a fair procedure in the course of dismissal. Including

for instance taking into account whether:

_ A disciplinary hearing was held prior to dismissal

_ The employee was provided with the opportunity to explain his or her version of

events

_ The employee was provided with a right of appeal

CHARLES E. SCOVILLE v BANNERMAN AND LAW SECTION 11

1. I to begin / beginning / began [1] employment with Law and Bannerman (the

Respondent) on 16 March 2003. I employing / was employed / to employ [2] as a

legal

cashier, worked / to work / working [3] in a team of four within the Respondents

accounts

department. My work principally involved double-entry book-keeping of the firms

client account and client ledgers. The Respondent is an international law firm, have

/ having / to have [4] several overseas offices.

2. At my annual appraisal meeting in March 2007 I was telling / to tell / told [5] by

my

manager that management were very pleased with my work. I was to give / given /

give [6] a pay rise to reflect this. I have never received any disciplinary warnings.

3. However on Monday 26 April 2007 I arriving / to arrive / arrived [7] at work as

usual

at about 8.50 a.m. I am in the habit of driving / drove / to drive [8] to work since

there

is a staff car-park. I had just parked and was to enter / entering / enter [9] the

building

when I was suddenly confronted by Mr Henry Moore, the Respondents Managing

Partner. He started shouting / shout / to shout [10] at me. I was shocked and

confused. Then he suddenly to tell / told / tell [11] me I was sacked. I tried to

reason with him but he was too angry to listen.

4. Shortly after that the police arrived / arrive / to arrive [12]. They inform / to

inform / informed [13] me that I was being accused of stealing a large amount of

money from the Respondent. I told Detective Constable Clouseau that was absurd. I

to explaining / explained / explain [14] that I had done nothing wrong. The police

subsequently accepted this and discontinued their enquiries.

5. I was nevertheless summarily dismiss / to dismiss / dismissed [15] on Monday 26

April

2007 for alleged gross misconduct. I therefore respectfully contend / contending / to

contend [16] that I have been unfairly dismissed. There was no valid nor acceptable

reason for my dismissal.

6. My dismissal was also procedurally unfair. In particular I was not granted a

disciplinary hearing. I was therefore to deny / deny / denied [17] the opportunity

providing / to provide / provide [18] an explanation. In addition I have been denied

an appeal hearing.

Exercise 5 Language practice (i)

The following phrasal verbs are commonly used in legal English:

sue for damages

call for the witness

take down a statement

draw up a court order

Complete the following sentences by inserting the appropriate phrasal verb from

those above into each of the blank spaces below.

1. We expect the Judge to . shortly.

2. My lawyer has told me he is now going to .for approval by

the court.

3. I have arranged for my secretary to .from the independent

witness.

4. If you do not compensate my client for your negligence he will

.

Exercise 6 Language practice (ii)

Complete the following statements by selecting the correct expression to place in

the blank spaces from the list of single-word adverbs and multi-word adverbial

expressions in the panel below.

1. I you accept the present offer.

2. Our offer is an one.

3. I do .that the contents of my statement are

true.

4. The Defendant .the claim against her.

5. The negotiation was ...

6. You will need to ..your present offer if

settlement is to be achieved.

7. The Claimant was in the course of his

work.

8. A Judge must be ..in the course of arriving

at his decision.

9. An advocate must never the court.

10. The court ordered the Defendant to working for

a competitor.

11. The employee was .

12. My client is hoping to

extremely generous severely injured deliberately mislead

solemnly declare strongly suggest successfully

defended

dismissed without notice totally objective settle out of court

substantially increase refrain from extremely fruitful

S ne reamintim...

Lets remember the names of differnt jobs and what they imply

Rezumat

This unit introduces different vocabulary and structures that are used in the

Employment law

Unitatea de nvare I.5. LAW BULLETIN

I.1.1. Introducere

This unit deals with the distinction between barristers and solicitors


This chapter contains a selection of articles on topical legal issues. By

completing the tasks in this chapter you will have:

_ Read and considered an article on the distinction between barristers and

solicitors

_ Practised relevant grammar exercises including tense review and comparative

and superlative forms of written and spoken English


Exemple

Many students have decided on a career in the law, but are unsure of the next step.

Margot Taylor explains the pros and cons of each branch of the profession

The two main branches of the legal profession are solicitors and barristers

(advocates in Scotland). There are also legal executives, who regard themselves as a

third branch. In the past ten years, the difference between the branches has become

increasingly blurred: solicitors can now qualify as higher court advocates, and

barristers can deal directly with some kinds of client (chiefly other professionals)

without the need for the client to see a solicitor first.

Read the following article then complete the exercises which follow.

WHICH ROUTESOLICITOR OR BARRISTER?

TYPE AND VARIETY OF WORK

Solicitors' work covers a broad range, including advising commercial and private

clients on business matters and property and undertaking litigation. The degree of

specialization of solicitors' firms varies enormously. Some offer general legal

services,

from conveyancing and drafting wills to acting for defendants in criminal cases.

Others

specialize in one or two areas, perhaps doing only corporate work or personal injury

work. The smaller the firm and the broader its range of work, the less likely its

solicitors will specialize in only one area.

Most barristers' work is confined to litigation, although some do largely advisory

work, for example on taxation or company matters. Traditionally barristers

specialize in one or a few areas of law, although this is not true of all. In their early

years most undertake a broad range of cases until they develop expertise in a

particular area. Some barristers in "general common law" chambers continue to

have a broadly based practice.

Whether, or how much, you specialize as a barrister will depend to a large extent on

the cases you get in your early years. So, if you do not want to do litigation, think

twice before you become a barrister. Otherwise, whether or not you specialize will

not rest entirely on whether or not you join the Bar or become a solicitor but will be

influenced by the type of firm or chambers you join.

TRAINING

Beyond the academic stage the training to become a barrister or solicitor is very

different. The Bar Vocational Course is exclusively focused on the skills and

knowledge required of an advocate: litigation, evidence, drafting, advocacy, etc.

This is followed by 12 months of pupilage. The Legal Practice Course is much

broader and covers business law and practice, property and litigation and advocacy.

This is followed by a two-year training contract in a firm.

WORKING CONDITIONS

Most solicitors are salaried employees and keep office hours, report to a senior

person and work within the collective ethos of the firm. However, they generally

have "billing targets" (to achieve a number of chargeable hours) which can be

stressful and require detailed record-keeping. Barristers are self-employed but

usually work out of chambers (a group of barristers) with a clerk who takes referrals

from solicitors. Theoretically free to work as and when they please barristers must

be available to take work as it comes in. Barristers are generally paid a fee for each

piece of work from which they must deduct their share of the costs of running the

chambers. A barrister's earnings are therefore much less secure than a solicitor's,

particularly in the early years.

ADVOCACY

Many barristers, particularly those doing criminal work, spend most of their time as

advocates. However, some civil practitioners spend more of their time dealing with

cases out of court. Solicitors have rights of audience in the lower courts and

although many do no advocacy some do a substantial amount.

Some solicitors qualify for rights of audience in the higher courts, with some City

firms encouraging this. The advantage of this route over qualifying as a barrister is

that you work from the base of a legal practice. It is done to enhance your work. The

disadvantage is that you are unlikely to do the same volume of advocacy as those

who qualify for the Bar. If you really only want to do advocacy, the Bar,

particularly criminal work, is probably the place for you.

CONTACT WITH CLIENTS

A solicitor has overall conduct of a case and develops a working relationship with

the client, which can be rewarding. But it can also be frustrating, particularly

dealing with the more demanding clients, accounting for all client money and

dealing with documentation and costs. A barrister is briefed by the solicitor for

specific tasks, for example, drafting a document or acting as an advocate. This

would appeal to someone who dislikes routine paperwork but can be frustrating if

insufficient or wrong information is provided. A barrister may have little

opportunity to develop any relationship with the client.

NOT A FINAL CHOICE

The division between solicitors and barristers is becoming less distinct, with

solicitors doing more advocacy and clients instructing barristers directly. Moving

between the two halves of the profession is straightforward, so a choice now will

not dictate your work for life.

Answer the following questions concerning the above article.

1. Explain in a few sentences the main difference between a barristers work and

that of a solicitor.

2. How long does a trainee barristers pupilage last?

3. How long does a trainee solicitors training contract last?

4. Which branch of the legal profession develops a closer on-going relationship with

clients and why?

5. State two areas of law which solicitors can specialize in.

6. What factors influence the areas of legal work a barrister becomes involved in

during the initial stage of his or her career?

7. Where do barristers practise from?

8. Which branch of the legal profession do you consider yourself best suited to and

why?

Discuss.

Exercise 1 Comprehension

Complete the following sentences by filling in the blank spaces with appropriate

phrases from the text.

1. Barristers work predominantly involves [1] ., i.e. court

work.

2. There are basically two types of lawyers in England, namely solicitors and [2]

..

3. Solicitors are often under pressure to achieve [3]

.

4. Barristers undertake a [4] .course

following the academic stage of their training.

5. Solicitors undertake a [5] course following the

academic stage of their training.

6. Solicitors have overall conduct of a case whereas barristers are [6]

..at specific stages of a case.

S ne reamintim...

Lets remember the differences between the barrister and the solicitor

Rezumat

This unit introduces the differences between the barrister and the solicitor

Unitatea de nvare I.6. CROSS-EXAMINATION

I.1.1. Introducere

This unit deals with the concept of cross-examination and with the

procedures that it involves


This chapter contains a selection of articles on topical legal issues. By

completing the tasks in this chapter you will have:

_ Read and considered an article on witness examination in the courtroom


Exemple

Read the following article then complete the exercises which follow.

HAVING CROSS WORDS IN THE COURTROOM

Q How do you start to prepare for cross-examination?

A Practitioners prepare for cross-examination differently. Some start with the

witness statement (which stands as, in most civil cases, the evidence in chief). They

then work through the points the witness supports in the other sides case, take out a

list of other issues that need to be challenged, mark any internal inconsistencies in

the witness statement, explore the trial bundle for documents to put to the witness,

and work out a series of questions from there.

A better approach is to start from the propositions you would like to make in the

closing submissions and work backwards. Sometimes arguments are raised in

closing submissions that have not been put to the witnesses during cross-

examination.

This is unavoidable as cases change considerably during trial. However, more often,

it is because the themes of the witnesses evidence had not been tied in to the

closing arguments beforehand. Alert judges are aware of this. How often have you

heard in judgments XYZ was not put to the witness, so I am unable to make a

finding on that... or counsel chose not to challenge that in evidence... Sometimes

the failure to challenge is deliberate; often it is not. You can reduce the risk of this

happening by tying in, from the start, the themes of your cross-examination with the

bare threads of your closing argument.

An effective way to start your preparation is to consider from the outset the theme

your series of questions is going to follow. The theme will be case-specific,

designed to deal with your clients slant on a particular issue that the judge must

consider when reaching his decision. Equally, your theme may be based solely on

discrediting the testimony of the witness. Either way, this theme should be prevalent

throughout your questioning.

Set out your theme on a cross-examination route plan an overall guide to your

cross-examination from where all your notes and questions will be devised. Only

once this is prepared are you ready to start effectively preparing your cross-

examination.

Q How should I approach my cross-examination route plan?

A Your route plan is the guide to where you want to take this witness in front of the

judge (or jury in criminal cases). The purpose of any cross-examination is twofold:

to elicit favourable evidence and discredit evidence that is unhelpful. Anything else

is a fishing exercise, which should be avoided. Set out the following on a sheet of

paper:

_ Which part of this witnesss evidence in chief assists or supports your case?

Usually there are a few agreed facts make a list of these.

_ How can this witness corroborate your theory of the case? Tie these agreed facts

in with your theory of the case and consider the propositions required to turn this

witness into corroborating your clients slant on the issues.

_ What must this witness admit? Make a list of the propositions you would like this

witness to admit these propositions should all tie in with your theme for this

witness and the overall theory of the case in closing.

_ What should the witness admit? Consider what the witness cannot deny from the

agreed facts the propositions from which he cannot possibly escape. Use these to

develop your position in other areas. These are all useful tools for effective cross-

examination.

Q What tips can you give practitioners in advance of their first cross-

examinations?

A Cross-examination depends on your audience. You are expected to act in a

different way before juries or lay magistrates than you are in front of a county or

High Court judge or a lawyer-led tribunal. Remember who your audience is and be

flexible. On presentation, it is usually a good idea to bear in mind the following

advice:

_ Make your questions leading answers should be yes or no. If you ask an open

question, the witness can respond in any number of ways.

_ Make a statement of fact and ask the witness to agree with it. The best

practitioners keep control of their witnesses by putting facts to the witness in the

question and asking them do you agree? This leaves the witness with no room to

manoeuvre into unhelpful matters. Lead up gently to the main question with a series

of agreed facts from your route plan.

_ Be confident. Advocacy is like acting and even more so in jury trials. If you do

not project gravitas and authority the effect of your cross-examination will be lost, a

jury will not be impressed and the witness will start to take advantage.

_ Be polite to the independent and expert witness, unless circumstances dictate

otherwise.

_ Listen to the witness. Often cross-examiners are not listening to the witness. This

is acceptable if the witness provides you with an expected answer, but witnesses are

more often than not sophisticated and unpredictable. Listen to what they are saying

and be prepared to challenge an issue they raise for the first time.

_ Do not, under any circumstances, argue with the witness. All too often cross-

examiners respond to throwaway remarks by witnesses designed to challenge

propositions put to them. If they answer a question with a question, tell them it is

your role to ask the questions and their role to answer them.

On content, remember:

_ Make your strongest points at the start and end of your cross-examination.

_ Keep your eye on your audience; judge the reactions. You may not need the

audiences constant attention you may, after all, be eliciting evidence for a closing

submission but you do need to keep its interest or provide for it a point of

reference if you want the audience to follow your theme on closing. _ Vary the

order of subject matter. This may be better done by taking it issue-by-issue or

chronologically.

_ Try your best not to allow the witness to repeat his direct examination.

_ Know the probable answer to each question and devise a route plan for any

unexpected answers.

_ Do not start to prepare a script of all the questions you propose to ask. It may

make you feel safer having all the questions on one sheet of paper, but it will not

help you on the day.

Exercise Word collocations

Match each word from the first column below with a corresponding word in the

second column. By way of example the first one is done for you.

witness question

open trial

cross examination

jury statement

High chief

examination in Court

Exercise Word Search

Complete each blank space below by inserting a word or phrase from the text which

is similar in meaning to each of the following. (The paragraph number of the text in

which the answer is located is indicated in brackets to assist you.)

1. closing submissions c _ _ _ _ _ _ _ _ _ _ _ _ s (para. 2)

2. contentions p _ _ _ _ _ _ _ _ _ _ _ (para. 2)

3. witnesses version of events witnesses e _ _ _ _ _ _ _ (para. 2)

4. backs up your legal arguments s _ _ _ _ _ _ _ your c _ _ _ (para. 5)

5. court representation a _ _ _ _ _ _ _ (para. 6)

6. advocates who question other partys witnesses c _ _ _ _ e _ _ _ _ _ _ _ _ (para.

6)

S ne reamintim...

Lets remember the way cross-examination is being made

Rezumat

We revised the structure of cross-examination

SHORT REVISION

1. What is cross-examination?

2. What means unfair dismissal?

3. Can you describe your daily obligations at home?

Modulul II. TRIAL

Cuprins

Modulul II.TRIAL .........................................................................................................................

.................................................................................................................. Introducere.

................................................................................................................... Competene

...................................................................................... Unitatea de nvare II.1.Trial

....................................................................................... II.1.1. Introducere

....................................................................................... II.1.2. Competene

Unitatea de nvare II.2.Giving instructions ............................................

....................................................................................... II.2.1. Introducere

....................................................................................... II.2.2. Competene

Unitatea de nvare II.3.Advocacy Practice .............................................

....................................................................................... II.3.1. Introducere

....................................................................................... II.3.2. Competene

Unitatea de nvare II.4.Present Perfect ....................................................................................

....................................................................................... II.4.1. Introducere

....................................................................................... II.4.2. Competene

Unitatea de nvare II.5 Giving Directions ................................................................................

....................................................................................... II.5.1. Introducere

....................................................................................... II.5.2. Competene

Unitatea de nvare II.6.Latin English .......................................................................................

....................................................................................... II.6.1. Introducere

....................................................................................... II.6.2. Competene

Tem de control ............................................................................................................

Introducere

This module introduces some basic information for all law students necessary in

their future careers in their professinal development. The module contains 6 units,

each addressing one important domain

Competene

After this unit you will have a more detailed knowledge about what a trial

means and what its data are.

Unitatea de nvare II.1. TRIAL

II.1.1. Introducere

This unit deals with what a trial is

II.1.2. Competenele unitii de nvare

By completing the tasks in this chapter you will:

_ Practise vocabulary and grammar required for questioning witnesses

_ Understand the concepts of examination in chief and cross-examination

_ Amend a witness statement to take account of correct grammar and tenses

_ Analyze evidence in a case/prepare a basic case analysis

_ Undertake advocacy preparation

_ Conduct witness examination using appropriately structured questions and

questioning techniques


Exemple

Advocacy guide

Advocacy is a skill essential to every lawyer, particularly those involved in both

civil and criminal court litigation. Effective advocacy requires the ability to

present information clearly and to put forward arguments persuasively in order to

advance a clients case. Good advocacy involves a combination of language

skills, a good range of vocabulary and a sound grasp of grammar. Clear

pronunciation is also important. The specific procedure, rules of court and degree

of formality expected of an advocate may vary depending on which legal

jurisdiction is involved. (For instance courts in the United States of America

generally require a less formal approach in terms of dress code and manner of

address than English courts.) Nevertheless certain fundamental principles of

advocacy are universally applicable.

Examination in chief

An advocate elicits evidence from his or her own witnesses by means of what is

termed examination in chief. It is important to remember that the lawyer cannot

give evidence. That is the role of the witness, not the advocate. The advocates

job is to get each witness to provide his or her evidence to the court. This is

achieved by asking each witness a series of questions intended to develop the

clients case. These questions must be non-leading questions as opposed to

leading questions.

A leading question is one which suggests the answer, or implies the existence of

some particular fact(s) or circumstances and usually prompts a short answer

amounting to yes or no. For instance: You saw your colleague Henry Hodson

steal the money, didnt you Mrs Smith?

A non-leading question on the other hand does not suggest the answer.

Nonleading questions normally start with:

_ pronouns such as: who; what; where; when; why; how

_ interrogatives such as: please explain

For example: What happened next?

Cross-examination

Cross-examination is the stage in a trial when a witness for one party is

questioned by the other partys lawyer. A witness is usually cross-examined after

having provided his examination in chief. A lawyer is under a duty to put his

clients case to the witness when cross-examining. This involves putting his

clients version of events to the witness. Well conducted cross-examination can

bring further evidence to the courts attention which is of benefit to your client. It

can also undermine the other partys case by revealing evidence which questions

the witnesss credibility or reliability. For instance, by showing that the witness is

uncertain about what s/he actually saw, or that s/he is an unreliable witness

because of his or her character (e.g. has a criminal conviction), or is biased.

Unlike with examination in chief, it is permissible and indeed standard practice to

ask leading questions when conducting cross-examination.

Leading questions often start with words such as did, was and were.

S ne reamintim...

Lets remember what are leading and non-leading questions

Rezumat

We have dealt with leading and non-leading questions

Unitatea de nvare II.2. GIVING INSTRUCTIONS

II.2.1. Introducere

This unit presents the MANNERS IN WHICH INSTRUCTIONS CAN BE

GIVEN


After this unit you will know much more about giving instructions


In our everyday but also professional life we have to give and follow certain

instructions.

Have a look at this example about how to change an oil filter:

Check the handbrake is on and jack up the front of the car. Put a shallow pan on

the ground under the engine. Make sure thats directly underneath the engines

drain plug. Unscrew the drain plug and wait for the oil to drain completely. It will

flow out easily. Replace the plug and tighten it with a wrench. Then locate the oil

filter. Remove the filter by rotating it slowly counter clockwise. Pour any

remaining oil into the pan. Screw in the new filter, rotating it clockwise. Do not

screw it too tightly. Remove the drain pain and carefully pour the oil into a

special container that can be sealed off.

Lower the car to the ground again. Do it slowly. Then pour new oil in. Check for

any leaks under the car.

Repeat this process every 5,000 kilometres to keep your car in a good condition.

I. Write down another instruction: for example how to operate your

mobile, TV, DVD, a washing machine

II. Can you guess which devices these instructions are for?

Put on this suit before going for a ride. In a crash it swells with compressed gas

and protects your body. Protective jacket and trousers.

Lose weight by using this. It has sensors that time your mouthfuls. When the red

light comes on, wait. When the green light comes on again, you can eat another

mouthful. Keep cool on hot days by wearing this. It protects your head and

because of the size also your upper body.

.

S ne reamintim...

Lets remember the way in which we can give instructions

Rezumat

This unit introduces the way in which we can give instructions

. Unitatea de nvarei II.3. ADVOCACY PRACTICE

II.3.1. Introducere

This unit deals with the manner in which advocates should address the

Court


At the end of this unit students will recognize the ways in which advocates

should address the Court.


Exemple

I. Addressing the court

Advocacy also involves certain inter-personal skills, including non-verbal

communication (NVC) or body language. The following is a checklist of principles

you should bear in mind in order to become a good and persuasive advocate.

_ Enunciate words clearly and speak with sufficient volume

_ Address the court at an appropriate pace, ensuring that you do not speak too fast

or too slowly

_ Modulate the tone and pitch of your voice to maintain the Judges interest

_ Use the correct mode of address to the Judge (i.e. Your Honour or Your

Lordshipetc.)

_ Adopt a suitable posture (for instance do not slouch or put your hands in your

pockets)

_ Use appropriately formal language (neither pompous nor too colloquial)

_ Demonstrate courtesy, a professional manner and ensure a smart appearance (do

not make personal comments for instance about the opposing advocate!)

_ Avoid distracting mannerisms (such as hand or arm movements)

_ Maintain reasonable eye contact with the Judge (while being aware that in some

cultures eye contact is regarded as threatening or disrespectful)

Exercise 4 - Advocacy practice

Advocacy practice will develop your advocacy skills, which in turn will increase

your confidence in using legal English. Now imagine that you are a barrister who has

been instructed to appear in court tomorrow on behalf of the Claimant in a case

against a motor car manufacturer. You have received the following brief to counsel

from your instructing solicitor. Read this brief to counsel. Then plan and write out

several cross-examination questions to put to the defendants managing director on

behalf of the Claimant. (Remember to make these leading questions.)

GOOD PRACTICE TIP: Firstly determine the answers you wish to obtain and then

formulate questions which will result in the witness providing the desired answers.

Try to keep your questions short.

IN THE KINGSTON UPON THAMES COUNTY COURT CASE NO.

KT4 18932

BETWEEN:

FERNANDO ESTEBAN Claimant

And

HYPERFORMANCE SPORTS-CARS LIMITED Defendant

BRIEF TO COUNSEL

Couns

Limba Engleza

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