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MINISTERUL EDUCAIEI CERCETRII TINERETULUI I SPORTULUI

Str. N. Iorga nr. 1, Trgu Mure - 540088, ROMNIA

Universitatea Petru Maior din Trgu Mure 2012

Reproducerea coninutului acestei publicaii, integral sau parial, n forma

original sau modificat, precum i stocarea ntr-un sistem de regsire sau

transmitere sub orice form i prin orice mijloace sunt interzise fr autorizarea

scris a autorului i a Universitii Petru Maior din Trgu Mure.

Utilizarea coninutului acestei publicaii, cu titlu explicativ sau justificativ, n

articole, studii, cri este autorizat numai cu indicarea clar i precis a sursei.

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CONTENTS

Unit-Title Page

INTRODUCTION 2 UNIT 1 3

Objectives 3

1.1. Insolvency and winding up 4

1.2. The Future Tense 5

Bibliography 14

UNIT 2 15

Objectives 15

2.1. Alternative dispute resolution 16

2.2. Voice 17

Bibliography 20

UNIT 3 21

Objectives 21

3.1. Corporation Tax 22

3.1 The subjunctive 23

Bibliography 27

UNIT 4 28

Objectives 28

4.1. Mergers and Acquisitions 29

4.2. The Imperative and the Infinitive 30

Bibliography 33

UNIT 5 34

Objectives 34

5.1. The employment law 35

5.2. The Participle and the Gerund 36

Bibliography 40

UNIT 6 41

Objectives 41

6.1. IT Law and Cybercrime 42

6.2. The Modals 43

Bibliography 51

UNIT 7 52

Objectives 52

7.1. Environmental law 53

Bibliography 54

TEST 55

BIBLIOGRAPHY 56

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Introduction

Objectives

Competencies

How is this course organized?

The course includes several key components: a set of lessons that are designed to meet the requirements of the examination specification and curriculum level; course

activities; a set of self-assessment tests and a mock examination.

Each unit is divided into two parts: The first part introduces the students into the field of law, covering a wide variety of legal vocabulary. The law-related part of each unit

introduces general legal vocabulary related to legal systems, the legal professions and

the skills lawyers need in their daily working lives. The other part of the unit includes

grammar explanation and plenty of practice meant to revise and consolidate grammar

as well as lexical issues.

In todays fast-changing environment, its more important than ever to keep your skills up to date and to keep learning in order to meet new challenges. English has become a must

of almost any kind of job and therefore the students that are training to become professionals

in the field of law or public administration have to be fully equipped with the language skills

required for their future careers.

This course provides an introduction into the language of Legal English and at the same time

includes grammar references and practice materials. The objective is to familiarize the

students with the specialized vocabulary and to present grammar structures that the students

need to communicate effectively. The key legal terminology expands learners vocabulary and functional language and thus gives learners the confidence and ability to use English in a

legal environment.

The students should be able read, write and speak efficiently using the legal English

terminology acquired. They have to use the grammar structures and the legal terminology in

a correct way and to transfer this knowledge to practical situations that may arise in the field

of law or public administration.

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UNIT 1

Contents

1.1. Insolvency and Winding up

1.1.1. Insolvency - basics

1.1.2. Insolvency scenario

1.1.4. Questions

1.2. The Future Tense: 1.2.1. The Future Tense Simple 1.2.2. Exercises 1.2.3. The Future Tense Continuous 1.2.4. Exercises 1.2.5. The Future Perfect Simple 1.2.6. The Future Perfect Continuous 1.2.7. Exercises 1.2.8. The Future in the Past 1.2.9. Exercises

Time: 4 HOURS

Objectives:

The students have to learn the terminology related to insolvency and winding up.

They have to relate the vocabulary they have learnt in this unit to their own business law studies.

They also have to revise and consolidate the grammar problems related to the use of verbs, namely the future tense forms.

Competencies:

They have to be able to describe what insolvency and winding up mean by using the correct terminology.

They have to apply this terminology related to insolvency proceedings by describing cases from their legal jurisdiction.

They have to use the grammar structures related to the verbs in a correct way.

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1.1. INSOLVENCY AND WINDING UP

1.1.1. Insolvency - basics

1.1.2. Insolvency scenario

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1.1.3. Questions:

A. A..is a person or body owed money by a company. (see paragraph 1.1.1.)

B. Who can initiate voluntary liquidation? (see paragraph 1.1.2.)

C. How could you describe a company that is actively trading? (see paragraph 1.1.2.)

D. What term describes the state of being able to pay all debts or claims? (see

paragraph 1.1.2.)

1.2.The Future Tense

1.2.1. The Simple Future Tense

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

writewill

shall

shall not

(shant) write

will not

(wont) write

write?

it

he/she

you

I

will

shall

write?

I/you/he twon'

write?

I/you/he tshan'

write?not

he/she/it

you

I

will

shall

We

You

They

writewill

shall

shall not

(shant) write

will not

(wont) write

write?

they

you

we

will

shall

write?

you/theytwon'

write?

ey we/you/thtshan'

write?not

they

you

we

will

shall

Use

a) expectations, predictions, opinions or assumptions about the future (with or without time

expressions):

Dont worry! Shell come back. Im sure well find him in the office. My daughter will be ten next month.

TYPICAL TIME EXPRESSIONS:

tomorrow; the day after tomorrow; next Monday / week / month / year; in a weeks time; soon; shortly.

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USEFUL VERBS AND ADVERBS OFTEN FOLLOWED BY THE SIMPLE FUTURE

TENSE:

believe; assume; think; expect; know; doubt; suppose; hope; wonder; be (feel) sure; be afraid; I

daresay.

b) habitual future actions:

Boys will be boys.

Tourists will always come to visit this place.

Old people will die and children will be born as usual.

c) with conditionals type I and time clauses:

Ill break his neck if he does that again. If they play it again Ill ask her to dance. Well give you a ring as soon as we know something definite.

d) intentional actions (particularly taken at the moment of decision):

What would you like to drink? Ill have some wine, please. I like these T-shirts. Ill take the black one. I cant open this bottle. OK, Ill do it.

e) Some other uses of will:

Will you join us for lunch? (invitations)

Will you post this Ietter for me, please? (requests)

Shut up, will you? (question tags with imperatives)

You will do as I tell you. (commands)

An English policeman will usually be happy to help you. (habits and characteristics)

Wheres Joe? He left an hour ago. Hell be at the airport by now. (assumptions) f) some other uses of shall:

Shall I pour you a drink? (proposals)

Lets go out tonight, shall we? (suggestions with lets) We shall overcome. (emphasized determination)

The Parliament shall consist of two, houses. (formal regulations)

WAYS OF EXPRESSING FUTURITY:

- future tenses

- The Present Continuous Tense

- The Simple Present Tense

- the be going to form

1.2.2.EXERCISES

I. Put the verbs in parentheses into the most suitable future form (will + Infinitive, Present

Continuous, or the be going to form):

1. Why are you putting on your overalls?

Because I (fix) the car.

2. I have no idea how to use the new dishwasher.

Dont worry. I (come) round in the evening and show you if you want.

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3. Where are you taking the children, Sandy?

We (play) baseball.

4. The phone is ringing.

I (get) it.

5. Can I offer you something to drink?

Yes, I (have) a martini, please.

6. If you want me to talk to the boss, say so and I (talk) to him.

No, you go back to work and I (handle) it myself.

7. Im tired of hamburgers and chips. I (cook) something special today.

8. Ive got my visa and my return ticket. I (leave) tomorrow.

9. This suitcase is too heavy for me to carry.

You (give) me a hand?

10. We (not go) away for the weekend.

Were expecting visitors from Canada.

II. Translate the words given in parentheses into English and put them into the most suitable

future form (will + Infinitive, Present Continuous, or the be going to form):

1. Why are you taking off the curtains? You (vei spla) the windows? 2. We (vom pleca) at 6 oclock tomorrow. But we have no idea when we (ne vom ntoarce). 3. Your father (be) angry if we take his car? I hope he (nu va fi).

4. Why are you taking your fur coat with you? Im sure you (nu vei avea nevoie de) it on summer vacation. Well, I (voi purta) it in Turkey.

5. Youve made 16 typing errors in this letter, Miss Simpson! Im sorry. I (voi dactilografia) it again.

6. Why did you buy so much colored paper? I (voi decora) the room our party.

7. You (i vei pune) these high-heeled shoes for our mountain climb today? No of course not. I (nu voi merge) with you and break my legs. I (o s iau) the cable car.

8. You (vei merge) to Spain this summer? 9. We (vom merge) out for a walk as soon as Ive read my newspaper. 10. You (vei avea) time to help me paint the garage tomorrow?

III. Translate into English. If a word is given in parentheses, use it in your translation without

any changes. If a word is crossed, you must not use it in your translation.

1. O conduc pe Jill la aeroport la ora 7,30 dup-amiaz. (OFF) 2. i voi spune s te sune de cum ajunge n Los Angeles. (SOON) 3. Doresc o friptur, cartofi prjii i salat de roii. (HAVE) 4. Am o idee: vom vinde casa i vom cumpra o rulot. 5. Vrei s te cstoreti cu mine, Pamela? 6. Pot s pregtesc micul dejun dac vei spla vasele. (WILL) 7. M tem c judectorul i va da o condamnare pe via. (LIFE) 8. Tom i scoate dintele astzi. (HAVING) 9. El se va face bine. (ALL)

10. M ndoiesc c vei reui s gseti o secretar mai buna dect Brenda.

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1.2.3.The Future Continuous Tense

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

writing

be

will

shall

writing

be

t'won

notwill

)t'shan(

notshall

writing?be

he/she/it

you

I

will

shall

writing?be

I/you/he twon'

writing?be

I/you/he tshan'

writing?be not

he/she/it

you

I

will

shall

We

You

They

writing

be

will

shall

writing

be

t'won

notwill

)t'shan(

notshall

writing?be

they

you

we

will

shall

writing?be

ey we/you/thtwon'

writing?be

ey we/you/thtshan'

writing?be not

they

you

we

will

shall

Use

a) actions which will be in progress at a definite time in future:

This time tomorrow Ill be taking my written exam in Spanish. What will you be doing at eight oclock tonight? Ill be studying.

b) activities which will occupy a certain period of time in future:

According to our itinerary well be visiting St. Peters Basilica from ten oclock until lunchtime tomorrow.

I dont want to invite the Thompsons; Im sure theyll be drinking all night again. Were going to the States for the summer. Oh. youll be eating a lot of hamburgers! Come between 11 a.m. and noon. Ill be waiting for you.

c) future activities that are understood as a normal course of action, a consequence, or as a

mere fact (future without intention):

Dont cut the onions. Youll be crying. I dont have enough money to travel by bus. I suppose Ill be hitchhiking.

d) polite way of asking about other peoples future activities: Will you be seeing Fred soon?

Will you be fishing this weekend?

Will you be using the word processor today?

1.2.4. EXERCISES

I. Put the verbs in parentheses into the Future Simple or the Future Continuous:

1. Im sure this tree (stand) here in the year 2000. 2. The price of petrol has gone up again. People (ride) their bicycles soon.

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3. Its an interesting plan. I (think) it over. 4. You cant stay here if youve escaped from prison. They (look) for you. 5. Put on something nice for the party. The boys (take) pictures.

II. Translate into English. Do not change anything in the parts already translated.

1. Nu cred c vom ajunge la timp pe plaj. Soarele va rsri n cteva secunde. I dont ____.The sun ____.

2. Vom ateriza n curnd pe aeroportul Heathrow. V rugm s v fixai centurile de siguran i s nu mai fumai. We ____ shortly. Will____.

3. M vei putea recunoate pentru c voi purta rochia mea roie i o plrie mare, alb. You ____ to recognize me because I____.

4. Fractura nu e grav. Vei putea merge din nou n patru sptmni. The fracture ____. You____.

5. Sper c atunci cnd ne vom ntoarce acas copiii vor dormi. I hope ____ home.

1.2.5. The Future Perfect Tense

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

written

have

will

shall

written

have

t'won

notwill

)t'shan(

notshall

written?have

he/she/it

you

I

will

shall

written?have

you/hetwon'

written?

have I tshan'

written?have not

he/she/it

you

I

will

shall

We

You

They

written

have

will

shall

written

have

t'won

notwill

)t'shan(

notshall

written?have

they

you

we

will

shall

written?have

you/theytwon'

written?

have wetshan'

written?have not

they

you

we

will

shall

Use

a) actions which will be completed at a given future time:

Im sure well have finished the job by 5 p.m. Lets wait till tomorrow. By then the teacher will have corrected all our tests. We expect that the army will have evacuated the local people by the time the river

overflows.

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1.2.6.The Future Perfect Continuous Tense

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

writing

been

have

will

shall

writing

beenhave

t'won

notwill

)t'shan(

notshall

writing?beenhave

he/she/it

you

I

will

shall

writing?

beenhave

you/hetwon'

writing?been

have I tshan'

writing?

beenhave not

he/she/it

you

I

will

shall

We

You

They

writing

been

have

will

shall

writing

beenhave

t'won

notwill

)t'shan(

notshall

writing?beenhave

they

you

we

will

shall

writing?

beenhave

you/theytwon'

writing?been

have wetshan'

writing?

beenhave not

they

you

we

will

shall

Use

a) actions which will be in progress for sauna time at a given point in future:

By next month well have been living here for five years. By the end of the year, we will have been working for our company for twenty-five

years.

Theyll have been corresponding for exactly fifteen years by September 10th.

1.2.7. EXERCISES

I. Put the verbs in parentheses into the most suitable future form: Future Simple, Future

Continuous, Future Perfect, or Future Perfect Continuous:

1. Jimmy (take) piano lessons this year. I. hope he (learn) some Chopin pieces before he

destroys the piano.

2. The children have 300 beer cans already. By the end of next week they (collect) 500 if

you continue drinking at this rate.

3. By the end of their European tour the band (give) 25 open-air concerts.

4. At the same time the tour agency (sell) 400 thousand tickets to youngsters all over

Europe.

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5. Im tired of living in the city. By February we (live) here for 25 years. Fortunately, we (move) out to the country sometime in June or July.

II. Translate into English. Do not change anything in the parts already translated.

1. n noiembrie se mplinesc 5 ani de cnd studiez engleza. By ____ I ____.

2. De astzi se mplinesc 20 de ani de cnd locuim n casa aceasta. We ____ from now.

3. Dac vei continua s-i cumperi asemenea haine scumpe, i vei risipi ntreaga avere pn cnd te vei cstori. If you keep ____ by the time ____.

4. M tem c ntreaga noastr rezerv de crbune se va termina pn n ianuarie. Im afraid we ____ by January.

5. Dac nu mergi la dentist i vei pierde toi dinii nainte s mplineti 30 de ani. Unless ____ by your 30

th birthday.

1.2.8. The Future In The Past Simple

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

writewould

(should)

write

not

would

(should)

write?

she/it

he/

you

I

would

(should)

write?I/you/he

twouldn'

t)(shouldn'

write?not

it

he/she/

you

I

would

(should)

We

You

They

writewould

(should)

write

not

would

(should)

write?

they

you

we

wiould

(should)

write?

ywe/you/the

twouldn'

tshouldn'

write?not

they

you

we

would

(should)

Use

a) conditional sentences (type II):

I wouldnt emigrate now if I were you. Even if they had more money, Im sure they would spend it foolishly. I would take that job if they offered it to me.

b) in Reported Speech and as a past equivalent of the Simple Future Tense:

Ill visit them soon, said the doctor.

The doctor said he would visit them soon.

Im sure she wont forget I was sure she wouldnt forget.

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I hope the bus will be on time.

I hoped the bus would be on time.

c) past routines:

When we were small, we would sit by the fire in the living room and have our Grandfather

tell us wondrous stories,

He would light his pipe and smile at us.

Meanwhile Granny would bring us some ginger bread and honey.

d) other uses:

They are going to stay two days with us. I wish they would stay longer. (after wish)

I would be very grateful if you would send me the details. (polite requests)

Tim, Id like to introduce you to my friend Deborah. (polite form of want)

1.2.9. The Future In The Past Continuous Tense

Forms

AFFIRMATIVE

(+)

NEGATIVE

(-)

INTERROGATIVE

(?)

NEGATIVE

INTERROGATIVE

(-/?)

I/You

He/

she/it

writing

be

would

(should)

writing

benot

would

(should)

writing?be

she/it

he/

you

I

would

(should)

writing?be

I/you/he

twouldn'

t)(shouldn'

writing?be not

it

he/she/

you

I

would

(should)

We

You

They

writing

be

would

(should)

writing

benot

would

(should)

writing?be

they

you

we

wiould

(should)

writing?be

ywe/you/the

twouldn'

tshouldn'

writing?be not

they

you

we

would

(should)

Use

a) conditional sentences (type II and mixed conditionals):

If I had studied a little harder in college, I wouldnt be sweeping the streets now. If we won that prize, wed be living in Hawaii very soon.

If you gave her your phone number, shed be calling you days and nights. b) in Reported Speech and as a past equivalent of the Future Continuous tense:

Ill be talking to Mary soon, he said. He said he would be talking to Mary won.

I hope the baby will be sleeping when I return.

He hoped the baby would be sleeping when he returned.

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The bodyguards are afraid that foreign reporters will be taking pictures from a close

distance.

The bodyguards were afraid that foreign reporters would be taking pictures from a

close distance.

1.2.10. EXERCISES

I. Put the verbs in parentheses into the Simple Future or Future in the Past (Simple or

Continuous):

1. If I get a visa I (go) there in January. I (be) very pleased if they granted me a work permit

as well.

2. I can put on my white dress if you (like) me to.

3. If you bought me a dishwasher I (not ruin) my hands like that. (wife at a kitchen sink to

husband)

4. If she had a baby she (be) much happier.

5. You (care) for a drink? Yes, I (love) an iced Coke, please.

6. I (appreciate) it if you (give) me some instructions on how to use this copier.

7. We hoped he (come) on time. But he was late as usual.

8. If you (have) a dog you (not be) afraid of burglars.

9. You (mind) taking off your hat?

10. If I knew her number I (telephone) her.

II. Rephrase the following sentences using the words provided, so that the original sense is

preserved:

1. Ill ask him to lend you that book, if you like. If youd ____, I will.

2. Each time he whistled, his dog ran to him and licked his hand.

His dog ____ he whistled.

3. He doesnt visit you because you never ask him to come. If you ____.

4. Unfortunately Jason will only stay with 15 for two days.

I wish ____.

5. I was disappointed to learn that I had failed my exam.

I hoped ____ but unfortunately ____.

6. It would be nice if they paid me in American dollars.

I wouldnt ____. 7. Contrary to our expectations, the workers, didnt call off the strike.

We expected that ____ but they didnt. 8. Well blow up the plane if you dont let us go, threatened the terrorists.

The terrorists threatened they ____.

9. The picture was hanging over the fireplace and not over the piano as I had expected.

I didnt expect that ____. I expected that ____.

10. Food is rationed, which makes our life rather difficult.

____ easier if ____.

III. Translate into English. The words given in parentheses must be used in your translation

without any changes.

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1. Dac mi-ai fi ascultat sfatul, nu ai fi pierdut att de muli bani. (TAKEN) 2. N-ai avea attea probleme cu maina, dac ai fi reparato n mod regulat. (SERVICED) 3. N-ar fi trebuit s trnteti ua n halul sta. (HAVE) 4. Dac n-ar fi fost aciunea ta prompt, ea ar fi czut pe scri. (FOR) 5. Am evadat. Tu ce ai fi fcut? (DONE) 6. Ei ar fi trebuit s se retrag nu s atace. (ATTACKING) 7. nc un pas i ai fi fost mort. (BEEN) 8. Ar fi trebuit s-i ceri scuze Monici imediat. (ONCE) 9. Ne-am fi dus Ia plaj ieri dac n-ar fi plouat. (GONE) 10. Nu vd de ce Tom ar trebui s spun c fiul meu e cel care a spart fereastra. (SHOULD)

BIBLIOGRAPHY:

1. Belcea, Lucian: Dicionar Juridic pentru Comerciani, Teora, Bucureti, 2000. 2. Brown, Gillian; Rice, Rice: Professional English in Use, Law, Cambridge University Press,

Cambridge, 2007;

3. Krois Linder, Amy: International Legal English, Cambridge University Press, Cambridge,

2007

4. Vince Michael: First Certificate Language Practice, Heinemann, Oxford, 2009.

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Unit 2

Contents

2.1. Alternative Dispute Resolution

2.1.1. Definition

2.1.2. ADR procedures 2.1.3. Questions 2.2. Voice

2.2.1. Active voice

2.2.2. Passive voice

Time: 4 HOURS

Objectives:

The students have to learn the terminology related to the alternative dispute resolution and its forms such as arbitration, mediation, med-arb

and adjudication;

Competencies:

They have to be able to apply the vocabulary they have learnt in this unit to their own law studies.

They have to be able to explain the ADR procedures and to translate them into Romanian

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2.1. ALTERNATIVE DISPUTE RESOLUTION

2.1.1. Definition

2.1.2. ADR procedure

17

2.1.3. Questions:

A. What is ARD? (see paragraph 2.1.1.)

B. What is a dispute resolution clause? (see paragraph 2.1.1)

C. Define arbitration and give an example from your own law studies (see paragraph

2.1.2. and use the knowledge of your own law studies)

D. What are mediation, med-ab and adjudication? (see paragraph 2.1.2.)

2.2.VOICE

Voice is the grammatical category which shows the relationship between the subject and the

action.

There are two main voices: the active and the passive voice.

2.2.1. The Active Voice points out that the grammatical subject does the action expressed by

the verb:

They saw you here.

The pattern is the following:

Subject + Active verb + Direct Object + (Indirect Object) + (Prepositional Object) + (Adverb)

2.2.2. The Passive Voice shows that the subject of the sentence (the grammatical subject) does not actually perform the action. It undergoes the action done by the logical

subject (the direct object of the transitive verb) which becomes the agent I the doer

by + ...:

You were seen by them.

The pattern is the following:

Subject + Passive verb + (Indirect Object) + (Adverb) + Agent

a) the verbs which can accept the passive voice are transitive verbs (except for the relational

verbs: to resemble; to possess; to have; to hold) and some prepositional verbs: to look at; to send

for; to speak to; to account for; to attend to; to look after; to look for; to put up with; to do away

with.

b) the tenses of the passive voice are built on the pattern: the respective tense of the auxiliary

be (or get in some cases, in colloquial English) + the past participle of the lexical verb. The continuous tenses of the passive consist in: the respective tense of be + being + the past participle of the lexical verb. Only the Indicative Present, the Indefinite Past and the Past

Subjunctive are used in the continuous aspect. Thus the finite moods have the following forms:

THE INDICATIVE MOOD

Simple Present: I am asked

Present Continuous: I am being asked

Present Perfect: I have been asked

Simple Past: I was asked

Past Continuous: I was being asked

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Past Perfect: I had been asked

Simple Future: I shall be asked

Future Perfect: I shall have been asked

Future in the Past: I should be asked

THE IMPERATIVE MOOD

Let me be asked

THE CONDITIONAL MOOD

Present: I should be asked

Past: I should have been asked

THE SUBJUNCTIVE MOOD

Synthetic: be asked! were asked! were being asked I had been

Analytic: may I might I should I would I could be asked.

Non-finite forms have passive forms, too:

GERUND

Indefinite: being asked

Perfect: having been asked

PARTICIPLE

Indefinite: being seen

Perfect: having been seen

INFINITIVE

Indefinite: to be seen

Perfect: to have been seen

c) whether we use an active or a passive construction depends on the speakers focus on the subject or on the object:

She found the solution. or

The solution was found (by her).

Passive also occurs whenever it is not necessary or it is not required to express the agent.

The expression of agenthood by means of a by-phrase remains optional. Whenever the author of an action is not known or the author is easily recoverable from the context, we use the passive

voice:

The money has been stolen.

The demonstration had been quelled. (by the police)

Types of active - passive transformations

a) the first type contains a transitive verb and only one direct object:

John took the book. The book was taken (by John). b) the second type refers to verbs with two direct objects:

George asks the children questions. The children are asked questions by George. Questions are asked the children by George. (seldom)

c) the third type occurs when we deal with a transitive verb that has a direct object and an

indirect object:

19

I gave him records. Records were given to him by me. He was given records by me.

d) the fourth type bears upon prepositional verbs. The preposition plays the role of an

adverbial particle:

You sent for the doctor. The doctor was sent for.

e) the fifth type regards the combination of a transitive verb followed by a direct object and a

prepositional verb:

Maggie sliced the bread with a knife. The bread was sliced with a knife.

f) the sixth type contains a transitive verb and a predicative adjunct. The predication is

complex: transitive and copulative:

They elected him chairman of the board. He was elected chairman of the board (by them).

g) the seventh type encompasses the so-called non-finite constructions: Accusative + Infinitive (A) and Accusative + Participle (B) which yield the corresponding constructions Nominative + Infinitive (a) and Nominative + Participle (b). Note that the verbs: make, let, bid, see, hear, feel, watch when passive require a long infinitive:

A) I made you scream with joy.

B) You were made to scream with joy (by me).

a) She saw them crossing the street.

b) They were seen crossing the street.

Further notes on the passive. a) some transitive verbs used as intransitives, in spite of their active form, may sometimes

evince a passive meaning: to act; to wash; to sell; to read; to wear; to iron; to peel; to eat; to

perform; to write:

The books sell well.

The shirt washes well.

b) the Romanian translation of: it is said; it is believed - Se zice; se crede. c) the progressive aspect of some phrases brings along a passive meaning:

The house is building. (instead of is being built) Solutions are preparing. (are being

prepared)

d) intransitives used as transitives may accept passivization. Verbs like: fly; run; stand; walk

are frequent examples to this effect:

Thousands of passengers have been flown to the U. K. The dogs were walked every day.

e) in English, forms like there is no time to lose and there is no time to be lost; there is a lot of work to do and there is a lot of work to be done are synonymous. Sometimes differences in meaning arise: There is nothing to see means There is nothing worth seeing and There is nothing to be seen means nothing visible.

2.2.3. EXERCISES

I. Put the following sentences into the Passive:

1. Who drew it? 2. She expected you to offer him a reward. 3. A car hit him. 4. People are

building a lot these days. 5. The judge sentenced her to 15 years of hard labor. 6. The audience

poked fun at the singer. 7. The thief will set the hostage free. 8. Seven hundred soldiers are to

man this crusader. 9. Jane cant have done this. 10. Most women oppose the bill. II. Render the following sentences passive:

20

1. The president called upon the M.P.s to pass the bill. 2. Burglars have broken into the bank. 3. Whenever I enter the room smoking, my father frowns upon it. 4. Nobody will be able to take

them in any more. 5. The rebels shall hand in all the weapons. 6. The police quelled the revolt

down mercilessly. 7. Every student looked up to Dr. Jones. 8. Nobody has slept in this hotel for

years. 9. No one has lived in this house for ages. 10. The bodyguards chucked him out.

III. Make the following sentences passive, using an infinitive construction. (Nominative +

Infinitive) whenever possible:

Model: They say that the car cost 10,000 $.

The car is said to have cost 10,000 $.

1. People know that she is the best. 2. They believe John will win the competition. 3. The

doctor sees her cross the street. 4. You neednt have written this report. 5. Scientists believe that AIDS is curable. 6. Before they invented computers people had to do sums by hand. 7. You have

to hear it to believe it. 8. They make her laugh every time she sees them. 9. I bid you come here.

10. Father doesnt allow me to go to the party. IV. Transfer these passive sentences into active ones. Where no agent is given supply one:

1. The lanes of the motorway are being repaired. 2. The stones had been cast by children. 3.

My drawings will be shown at the next art exhibition. 4. Dinner jacket is required at this cocktail.

S. The prisoners were forbidden to smoke when being transferred. 6. He was sentenced to death

for high treason and consequently shot. 7. The money is said to be spent on the houses for the

poor. 8. The girl was made to recite the poem and was watched by her colleagues. 9. When was

his car stolen? 10. You were given a warning not to go there.

V. Translate into Romanian:

1. If you were imprisoned for theft why werent you dismissed after the sentence had been served? 2. The hostage is believed to have been fed with bread and water. 3. The injured player

was being taken from the football field by two men. 4. A tie will be required with such

receptions. 5. The passenger had been knocked over and his head injury was then being attended

to. 6. Get it done by the end of the week lest you get killed yourself. 7. It is believed that the

evidence has been tampered with and that such behavior should not be put up with. 8. Yesterday

my car was tugged by the police and I was fined 25$ because the car had been parked against

regulations. 9. This velvet dress is admired by everybody.

VI. Translate into English:

1. i-a mrturisit ieri de ce a fost acuzat? 2. Mi s-a fcut o injecie ca s nu simt durerea. 3. Se scriu liste de nume pentru a fi distribuite. 4. S-au fcut aluzii Ia cartea ta. 5. Cartea se vinde bine i se citete repede. 6. Copiilor Ii se pun ntrebri dificile de ctre profesorul lor. 7. i place s fie admirat de colegi. 8. Nu a fost operat nainte de a fi adormit. 9. Studentul a fost avertizat de profesor i scos din examen pentru c a comis o fraud. I0. I s-a fcut cunotin cu tine pentru c ea s-i poat Iua un interviu

BIBLIOGRAPHY:

1. Belcea, Lucian: Dicionar Juridic pentru Comerciani, Teora, Bucureti, 2000. 2. Brown, Gillian; Rice, Rice: Professional English in Use, Law, Cambridge

University Press, Cambridge, 2007;

3. Krois Linder, Amy: International Legal English, Cambridge University Press, Cambridge,

2007

4. Vince Michael: First Certificate Language Practice, Heinemann, Oxford, 2009.

21

Unit 3

Contents

3. 1. Corporation Tax

3.1.1. Corporation Tax liability

3.1.2. Tax word combinations 3.1.3. Questions

3.2. The Subjunctive: 3.2.1. The Subjunctive 3.2.2. Exercises

Time: 3 HOURS

Objectives:

The students have to learn the terminology related to corporation tax, liability.

They have to learn the word combinations with the word tax.

They also have to revise and consolidate the grammar problems related to the use of verbs, namely the subjunctive.

Competencies:

They have to be able to apply the vocabulary they have learnt in this unit to their own law studies;

They have to be able to analyze different case studies of company tax liability and correctly identify and use the terminology.

They have to use the grammar structures related to the subjunctive in a correct way.

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3. 1. CORPORATION TAX

3.1.1. Corporation tax liability

3.1.2. Tax word combinations

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3.1.3. Questions:

A. What is corporation tax? (see paragraph 3.1.1.)

B. What kind of companies are subject to corporation tax liability? (see paragraph 3.1.1.)

C. When does an accounting period start? (see paragraph 3.1.1.)

D. What do tax relief, tax bill, tax return and tax avoidance mean? (see 3.1.2.)

3.2. The Subjunctive

3.2.1. The Subjunctive Mood expresses an unreal, virtual, unaccomplished state or event or it expresses a possible state or event when projected into future.

This mood is defined as a contrast to the indicative which expresses a real state or event:

They were here last week. (real)

He wishes they were here. (unreal)

There are two categories of subjunctive: the synthetical subjunctive and the analytical

subjunctive.

a) the synthetical subjunctive has two forms: the old form which is only formally identical

with the infinitive, and the modern form which evinces two tenses. This is called synthetical on

account of the fact that it does not contain other means to express time relationships.

b) the analytical subjunctive makes use of auxiliaries to express time relationships and other

shades of meaning.

The Synthetical Subjunctive in its old form renders an event or state which can take place

whenever in time: past, present or future:

He wonders whether she say the truth. (bookish)

He suggested that he come to the meeting.

They propose that the decision be taken next year.

a) the synthetical subjunctive with the old form is also called Present Subjunctive by some

grammarians. Its meaning shows an event or state which can be fulfilled and which is thus

assumed possible.

That is why this mood can convey assumptions, time, concession, conditions, wishes, orders,

doubts, propositions, purpose, requests. The synthetical subjunctive does not enjoy a wide

circulation in British English, but it is quite frequently used in American English.

Both main clauses (independent sentences) and subordinate clauses may contain subjunctives.

Legalese and journalese as well as poetical instances know this kind of subjunctive.

- independent sentences and main clauses make use of this mood in formulaic set phrases

sometimes:

Long live King George V!

Come what may!

A month come tomorrow.

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Far be it from me to hint at that!

So be it!

Be that as it may!

Expenses be hanged!

That be hanged for a tale!

Come rain and she will know how to use an umbrella.

- subordinate clauses display different shades of meaning:

I doubt that the manager leave the company today. (doubt)

The teacher asks that the students arrive in time for lectures. (request)

If it be found so, some will dear abide it. (W. Shakespeare) (formal condition) Work harder lest your deskmate outdo you. (negative purpose)

Supposing Peter kill him, what wilt you then do? (assumption)

Though she lie to me, I still love her. (concession)

The tree will wither long before he fall. (Lord Byron) (time) It is necessary that Jane pass her exams. (necessity)

- the Romanian translations range from the use of the subjunctive through conditional to the

use of the indicative accompanied by some adverbs.

b) the synthetical subjunctive in its modern forms knows two tenses: the Past Subjunctive

which is formally identical with the Indicative Past Simple: I said; you said ... (this Subjunctive is

also called Present Subjunctive by some grammarians) and the Past Perfect Subjunctive (also

called Past Subjunctive by some grammarians) which is formally identical with the Indicative

Past Perfect: I had come; you had come ...

- the Past Subjunctive has only one form for all persons and numbers. The verb to be has the

form were throughout, unlike its Indicative counterpart. Its meaning renders an unreal event or

state taking place at present running counter to reality.

This kind of subjunctive is used both in informal and formal styles. The informal style tends

to use was for the first and the third person, but this replacement wipes out the difference subjunctive-indicative and may lead to confusion.

Subjunctive

If she were ill, I would go to visit her.

If she were kind, she would give you the book.

Indicative

If she was ill this means she was laid up for a while.

If she was kind, she gave you the book.

The past subjunctive appears in many kinds of subordinate clauses:

1) After phrases like: its (high) time: Its high time you went home.

2) After the verb to wish and after phrases like: had rather; would sooner:

She wishes you came back.

I had rather you did not answer the phone.

3) In conditional sentences after if, suppose, supposing:

If I were you, I would not go there.

Supposing you were ill, what would you do?

4) In adverbial clauses of comparison:

You treat me as if I were a child.

5) In concessive clauses:

They would not eat though you asked them to.

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- the Past Perfect Subjunctive shows an unreal action running counter to a past event or

state. This tense occurs in subordinate clauses and-has past time reference:

1) In direct object clauses after wish:

She wishes she had left earlier.

2) In conditional clauses:

If he had stayed here, he would not have lost his money.

3) In adverbial clauses of comparison:

They behave as if they had seen a ghost.

The action expressed by this subjunctive may be either anterior to the action expressed by the

tense in the main clause or simultaneous to it.

a) Jack wishes he had read the novel for the exam.

[But he did not.]

b) If the teacher had known it he would have helped you.

[But he did not know it]

The Analytical Subjunctive is more used in contemporary British English.

a) the analytical subjunctive makes use of auxiliary verbs which are followed by the indefinite

or perfect infinitive of lexical verbs.

Simultaneity or posteriority to the action in the main clause is expressed by the indefinite

infinitive form and anteriority to the action in the main clause is rendered by the subjunctive

containing the perfect infinitive. This subjunctive occurs in subordinate clauses and in main

clauses.

- May or Might + Infinitive occur:

1) in main clauses conveying a wish:

May you live long!

Oh, that she might come round and talk to us.

2) in subordinate clauses expressing hope or fear:

John hopes you may come back soon.

They were afraid they might miss the train.

3) in subordinate clauses expressing purpose:

She has told you this so that you may know what kind of man he is.

Ginger left home early so that she might catch the bus.

4) in subordinate clauses of concession:

Whatever she may say, do not heed her words. However tough she might look, he still

gave in to her charms.

5) in adverbial clauses of comparison, after as if, as though:

She talks as if I as though she may be the boss here.

6) after phrases like: it is possible; it is likely; it is probable:

It is possible that George may see her.

It was likely that Jane might overhear the conversation.

7) after wish to express an unfulfilled action:

Jerry wishes he might have met you.

- Should + Infinitive, in both written and spoken English, replaces the synthetical

subjunctive and this shows that an action is desired / possible / etc. It appears:

1) in subordinate clauses of purpose, negative clauses, subject clauses, time clauses, object

clauses, etc:

It is a shame that you should make such mistakes.

He gives you this money so that you should keep quiet.

Ann does not budge for fear she should get bitten by the snake.

26

Go over calculations until you should make sure they are correct.

The chairman moves that the meeting should be adjourned.

He ran lest he should miss the train.

2) in subordinate clauses of concession, when the action is in the future:

No matter what mother should think about it, her son will follow her advice.

3) after than (that):

He said nothing else than that we should leave.

4) after phrases like: it is necessary / essential / possible / out of question / high time /

likely / a shame / a pity / odd / fair / strange / fortunate; I regret; Im sorry; I am glad / happy / surprised / annoyed; I see no reason why; there is every reason:

It is necessary that we should tell him. (subject clause)

It is Important that they should be present. (subject clause)

It is high time I should do something. (subject clause)

I regret that she should feel that way about me. (object clause)

It is strange she should not have rung up yesterday. (subject clause)

NOTE: A form like I should leave is ambiguous and may be: an analytical subjunctive, a

conditional present, an indicative, future in the past or a modal verb. Only the context can tell us

what it is:

She suggests that I should leave at once.

I should leave at once if you let me.

He said that I should leave the next day.

I should leave at once, he admitted.

- Will / would may be used in clauses of purpose to form the analytical subjunctive:

They are climbing higher so that they will get a better view.

He worked late last, night so that he would be free today.

NOTE: A form like I would leave is ambiguous and may be: an analytical subjunctive, a

present conditional, an indicative future in the past or a mere modal verb. Only the context can

tell us what it is:

He wishes I would leave at once.

I would do it if you let me.

He said I would leave the next day.

I would leave the place whenever he came there.

They all helped him pack so that he would leave on time.

- Can / could + infinitive is employed as an informal equivalent for may I might +

infinitive. The can I could subjunctive implies that action is viewed as being real:

Ill show you my book so that you can / could realize its importance. b) the moods employed in Romanian to translate the English analytical subjunctive are:

conjunctiv, indicativ and condiional.

3.2.2. EXERCISES

I. Replace the verb ask from below by: suggest, require, propose, insist, demand, urge, etc. and use the Synthetical Subjunctive in subordinate clauses:

Model: The teacher asked her to come to the blackboard.

The teacher demanded that she come to the blackboard.

1. The chairman asked the participants to accept the proposal. 2. Jack asked his friend to lend

him the book. 3. The U.N. Council asked for an unconditional ceasefire. 4. The president asked

27

the Congress to support his initiative. 5. The doctor asks Jack to lose weight. 6. The lawyer asked

James to defend himself.

II. Replace the verbs in brackets by the correct form of the subjunctive (modern form):

1. Supposing she indeed (say) that, would you believe her? 2. I would rather you (not come)

to my place. 3. Grace was walking as if she (be drunk). 4. Even though he (beg) me, I would still

not forgive him for his sins. 5. They wished they (leave) before John came. 6. It is high time you

(tell) him the truth. 7. I had rather she (not disclose) the secret. 8. If only she (stay) alive to see

her sons. 9. I should have helped you if you (tell) me about it. IC. Dona wishes jack (go) away

earlier.

III. Translate into English:

1. ntmple-se ce s-o ntmpla. 2. Doamne ferete! 3. Departe de mine gndul s-i fac ru ei. 4. Este de necrezut c este nc fericit dup toate acestea. 5. Nu i se pare normal ca el s caute cel mai bun juctor? 6. Propun ca aceast edin s fie inut Ia ora cinci. 7. Dac el e gsit vinovat, atunci toi o s-l evite. 8. Chiar dac el ar veni s-i cear iertare, tiu c John nu poate s treac peste comportamentul lui. 9. A prefera s-mi spui adevrul. 10. Numai de-ar veni mai repede. 11. A vrea s fi fost n locul tu ieri. 12. S vin iarna i o s stea acas s lucreze. 13. Vorbea de parc nu tia ce spune. 14. Minea (de fric) s nu fie tras Ia rspundere pentru aceasta.

IV. Finish off these sentences:

1) He gave me a letter so that you 2) She was afraid somebody 3) Marcia will fail the exam no matter how 4) Clark may have promised it, but I 5) He whispered the words into her ear lest 6) If she begged you to stay

7) It was likely that the doctor

8) It seems as if we

V. Translate into Romanian:

1. Didnt he realize it was normal that his vigor should fade off at his age? 2. Carlson demanded that he should be paid all the money. 3. However handsome he may look, do not

believe him. 4. He behaved as it somebody were listening to him. 5. May you live long and may

you be happy! 6. It is high time you did something for yourself. 7. Expenses be hanged! 8.

Suffice it to say that he has got all the stamps. 9. Somebody come and help me lift this suitcase!

10. I would sooner you hadnt told her anything.

BIBLIOGRAPHY:

1. Belcea, Lucian: Dicionar Juridic pentru Comerciani, Teora, Bucureti, 2000. 2. Brown, Gillian; Rice, Rice: Professional English in Use, Law, Cambridge

University Press, Cambridge, 2007;

3. Krois Linder, Amy: International Legal English, Cambridge University Press, Cambridge,

2007

4. Vince Michael: First Certificate Language Practice, Heinemann, Oxford, 2009.

28

UNIT 4

Contents

4. 1. Mergers and Acquisitions

4.1.1. Mergers and acquisitions

4.1.2. Dealing disclosure requirements

4.1.3. Questions

4.2. The Imperative and the Infinitive

4.2.1. The Imperative

4.2.2. Exercises

4.2.3. The Infinitive

4.2.4. Exercises

Time: 3 HOURS

Objectives:

The students have to learn the terminology related to mergers, acquisitions and dealing with disclosure requirements;

They have to relate the specialized terminology to their own business law studies.

Competencies:

They have to be able to apply the vocabulary they have learnt in this unit to their own business law studies.

They have to be able to describe the procedure for mergers and acquisitions and to correctly transfer the terminology to cases from their own jurisdiction.

29

4. 1. MERGERS AND ACQUISITIONS

4.1.1. Mergers and acquisitions

4.1.2. Dealing disclosure requirements

4.1.2. Questions:

A. What are mergers and acquisitions? (see paragraph 4.1.1.)

B. What are the steps to be followed for mergers and acquisitions? (see paragraph

4.1.1.)

C. What controls the conduct of takeovers? (see paragraph 4.1.2.)

D. Describe a takeover from your own jurisdiction. (use your own business law

studies)

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4.2. The Imperative

4.2.1. The imperative is the finite mood which expresses an order, a command, a wish, a greeting, advice, a threat:

Come here!

Go away!

Look sharp!

Open your books, please!

Watch your step!

The imperative mood has forms only for the second person singular and plural, as these are

persons for whom the semantic content is meant:

Help yourself to some tea!

Get ready!

Modal verbs are not conjugated in the Imperative Mood.

The modern negative imperative is formed with the help of the auxiliary do followed by the

negation not (also after be and have):

Do not go there!

Do not park here!

Dont be such a fool! Dont have him do it for you!

Forms without do belong to a poetical, archaic style:

Sing not, ye birds!

The imperative may appear in compound sentences which are made up of a main clause

bearing a slight concessive, conditional or purposive meaning joined by coordination to another

main clause:

Give her an inch and she ii take an eli!

Come and see me tomorrow!

Brush your teeth and look fresh!

In emphatic speech, it is customary to use the auxiliary do with the infinitive of the lexical

verb, also by using the appropriate intonation:

Do be seated!

Do read this book, please!

The imperative mood is deprived of an expressed subject. However, in certain cases, when

ambiguity should be removed or when the speaker wants to draw somebodys attention or when the speaker utters his feelings implicitly, the subject is present:

You come here!

Now you eat the porridge and go nicely to bed! Dont you budge! The subject will come before the (lexical) verb, will bear a falling intonation and will not be

separated from the rest by any punctuation mark.

Some grammarians consider that there is an equivalent construction for the first and third

person singular and plural: let + (pro)noun in the Accusative (first or third person) + bare

infinitive: Let me go!

Let him hear it!

Let her come out!

Let us walk!

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The negative forms are either with do not (dont) or with not being put between the pronoun and the infinitive (in formal style).

Do not let me interfere with your problems!

Dont let us be so boring! Let us not go away!

Lets not miss it!

4.2.2. EXERCISES

I. Translate into Romanian and comment upon the Imperative:

1. Eat fruit and keep fit! 2. Suit yourself! 3. Watch your mouth! 4. Help yourself and also help

your guests to some cherries! 5. Be preparing the dinner when mother comes! 6. Please, be

seated, sir! 7. Have done with it! 8. Do come to me, please! 9. Weep not, ye trees! 10. Come and

see me some time!

II. Translate into English:

1. Stai jos i nu spune nimic. 2. Vorbete ct vrei, c tot nu m convingi c el este nevinovat. 3. Tu vino aici! 4. Nu te mica, ai o musc pe plrie. 5. Tu scrie scrisoarea mea. 6. S nu ndrzneti s-i faci vreun ru! 7. D-mi drumul. ticlosule! 8. Acum papi tot i mergi sa faci nani. 9. Nu te intereseaz! 10. i dai un deget i i ia toat mna.

Ill. Write a short dialogue in which you will use the Imperative Mood and also the following

words: seat; sit down; have a cigarette; help yourself, believe; say; give; never mind; talk;

story; true; lie; let; interfere with a problem; prepare; hold back; go; fool; sensible; get; ready;

keep cool, please.

4.2.3. The Infinitive And The Infinitival Constructions

The infinitive is considered to be the base form of the verb. It names the action or the state

expressed by it, without reference to person, number, or mood. It occurs in the language either as

long infinitive, i.e. preceded by the particle to

I didnt know what to say. or as short infinitive, i.e. not preceded by the particle to.

I hope you didnt annoy her. Having the grammatical categories of voice and aspect, the infinitive can have the following

forms:

Active voice - Indefinite Infinitive to ask

- Infinitive Continuous to be asking

- Perfect Infinitive to have asked

- Perfect Continuous Infinitive to have been asking

Passive voice - Indefinite Infinitive to be asked

- Perfect Infinitive to have been asked.

A special use of the infinitive, known as the split infinitive, where the adverb which modifies

the verb is inserted between the particle to and the verb proper, occurs sometimes in the language

for the sake of clarity.

He was too miserable to really care about anything at all.

The accusative with the infinitive represents a combination of a noun or pronoun in the

accusative case and an infinitive. This construction has the syntactic function of a complex

object. The accusative with the infinitive suggests a completed activity, while the accusative with

the participle views the action in its progress.

32

a) the accusative with the infinitive is used:

1. after verbs of perception such as feel, hear, notice, observe, perceive, see, watch, etc.

The woman back in the store had seen him steal the bananas.

They watched him tidy his room carefully.

2. after verbs expressing wish or intention: choose, desire, intend, mean, wish, want, etc.

They wanted me to be a doctor.

They intend the house to be furnished before Christmas.

3. after verbs expressing mental activities: believe, consider, expect, feel, imagine, know,

suppose, think, trust, understand.

They expected their children to be well dressed.

We thought him to be kind and friendly, which he was not.

4. after verbs of declaring: declare, pronounce, report.

He reported the situation to be unbearable.

5. after verbs expressing feelings and emotions: like, dislike, love, hate, prefer, etc.

What would you like an elephant to perform in the circus?

I dislike him to drive so fast.

6. after verbs expressing order, permission or demand: allow, ask, command, demand, let,

order, require, etc.

Ive decided to allow him to do as he pleases. He ordered his suitcases to be ready in the morning.

7. after causative verbs or verbs expressing constraint: cause, force, get, have, make, set, etc.

Make him put away his toys before he goes out!

He wanted to make his buildings fit into the land around them.

The nominative with the infinitive is basically a passive construction, made up of a noun or

pronoun in the nominative case, and an infinitive. Syntactically, this construction has the function

of a complex subject.

a) the nominative with the infinitive is used:

1. with most verbs which used in the active voice are followed by an accusative with the

infinitive.

She was heard to shriek desperately.

His story is believed to be real.

Her state was reported to be critical.

John was allowed to do as he pleased.

The children were made to tidy their room.

2. with verbs like appear, prove, seem, turn out, etc.

The boy proved to be very good at mathematics.

3. with verbal phrases such as to be sure, to be likely, to be glad, etc.

He is sure to learn the rule now.

The for-to infinitive construction contains an infinitive which is in predicate relation to a

noun or pronoun preceded by the preposition for.

There is nothing for him to do there.

Its time for you to tell the truth.

4.2.4. EXERCISES

I. Change the words in italics to the corresponding pronouns in the accusative.

1) Mary wanted her fianc to be honest with her.

33

2) Mother asked the baby sitter to look after the children.

3) The commander ordered the soldiers to stand straight.

4) The antibiotics made the fever abate.

5) They would like their daughter to go to the seaside.

II. Rewrite the sentences using the accusative with the infinitive. Begin as suggested.

1) I hope you didnt tell anyone. It was supposed to be a secret. I didnt mean ... 2) I cant do that alone. You surely dont intend ... 3) Cant you stay a little longer? Id love 4) Alice is ill. She needs to be seen by a doctor. I advised...

5) Look, the baby is running in the street! Do you want 6) You wont change your mind, will you? Id hate ... 7) The ambassadors wife dresses smartly. He likes ... 8) Mother gave Peter an alarm clock. She expects ...

9) The soprano has a loud voice. Everyone in the house can hear ...

10) He is a great fisherman. We enjoy to watch...

III. Make up 5 sentences using the accusative with the infinitive after causative verbs.

e.g. Benny Hill made his audience roar with laughter.

IV. Put the following sentences into the passive voice:

1) We know the Dutch to speak more than one language.

2) They expect him to be back from his journey by the end of the week.

3) Everybody considers Vorone to be the most beautiful church in Romania. 4) They heard him whisper some nasty remarks.

5) People know him to be a great pianist.

V. Translate into English:

1) Nu te sftuiesc s pleci pe o asemenea vreme. 2) Lui i place s-i termini treaba Ia timp. 3) Prietenii au convins-o s fac ce trebuie. 4) Ei au sosit vineri dei noi i ateptam s fie aici n ziua urmtoare. 5) Te-a rugat s-i scrii o scrisoare motivnd de ce gndeti aa. 6) Ii place cum dansez? Sora mea m-a nvat s dansez. 7) Din cnd n cnd, sunetul unui rs fugitiv I fcea s tremure ca o frunz. 8) Interesul tu pentru publicitate te va determina s arunci o privire mai atent spre

televiziune, filme i reclame. 9) n trecut profesorii i puneau pe copii s stea ore in ir i s memoreze tot felul de lucruri. 10) n orele de istorie trebuie s-i faci s simt c Ii se prezint vieile unor oameni care au

trit cu adevrat. BIBLIOGRAPHY:

1. Belcea, Lucian: Dicionar Juridic pentru Comerciani, Teora, Bucureti, 2000. 2. Brown, Gillian; Rice, Rice: Professional English in Use, Law, Cambridge

University Press, Cambridge, 2007;

3. Krois Linder, Amy: International Legal English, Cambridge University Press, Cambridge,

2007

4. Vince Michael: First Certificate Language Practice, Heinemann, Oxford,

2009.

34

Unit 5

Contents

5. 1. Employment law

5.1.1. Employment law

5.1.2. Contract of employment

5.1.3. Questions

5.2. The Participle and the Gerund

5.2.1. The Participle

5.2.2. Exercises

5.2.3. The Gerund

5.2.4. Exercises

Time: 4 HOURS

Objectives:

The students have to learn the terminology related to the employment law and the contracts of employment.

They have to learn the terminology related to the statutory rights of employees and the statute of employment contracts.

They also have to revise and consolidate the grammar problems related to the participle and the gerund usage.

Competencies:

They have to be able to apply the vocabulary they have learnt in this unit to their own law studies, namely they have to be able to translate documents from Romanian into

English and from English into Romanian.

They have to be able to make the difference between the elements specific to Romanian and British employment contracts.

They have to use the grammar structures related to the participle and gerund in a correct way.

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5.1. EMPLOYMENT LAW

5.1.1. Employment law

5.1.2. Contract of employment

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5.1.3. Questions:

A. What statutory rights are the employees entitled to? (see paragraph 5.1.1.)

B. What clauses can be included in an employment contract? (see paragraph 5.1.2.)

C. What are the main contractual rights in employment in your jurisdiction? (use

your own contract law studies)

D. What rights do employers and employees have on termination of contract? (use

your own contract law studies)

5.2.1 The Participle And Participial Constructions

There are two participle forms in English: the -ing participle which denotes a continuous

action or state, and the past participle, which is the third form of the verb and denotes the action

as a result. The -ing participle has the categories of voice and aspect; thus it has the following

forms:

Active voice: - Indefinite Participle asking

- Perfect Participle having asked

Passive voice: - Indefinite Participle being asked

- Perfect Participle having been asked.

The accusative with the participle represents a combination of a noun or pronoun in the

accusative case and a participle. Syntactically the accusative with the participle has the function

of a complex object, after a monotransitive verb. The - ing participle construction differs

slightly from the construction with the infinitive, in that it generally implies action in progress.

The past participle construction in resultative in meaning.

a) the accusative with the participle is used:

1. after verbs of perception: feel, look at, notice, observe, perceive, see, smell, etc.

I saw smoke coming through the letter box.

She felt her secret revealed to anyone present.

2. after such verbs as: find, keep, leave, catch, send, spot, discover:

The teacher caught John throwing stones at the window.

He left her crying in despair.

Mother found her high-heeled shoes worn by her little daughter.

3. after causative verbs like: have, get, set, start, etc.

Im sure theyll get things going. Ill have them answering all my questions, said the detective. Youre always late; you certainly must have your watch repaired. They had their tents robbed while they were hiking.

4. with verbs expressing wish: wish, want, prefer, like.

The police wanted the law respected.

I should like the World Cup won by the best team.

The nominative with the participle is basically a passive construction analogous to the

nominative with the infinitive, from which it differs in that it generally implies a continuous

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action or state. It contains a noun or a pronoun in the nominative case and a participle, which is

usually an -ing participle. Syntactically, this construction functions as a complex subject.

a) The nominative with the participle is used:

1. after verbs of perception:

He was seen climbing the cliff.

2. after the verbs leave, find, keep, catch.

He was found trying to break the computer code.

The absolute participial construction contains a participle which stands in predicate

relation to a noun or pronoun in the nominative case, but the noun or pronoun is not the subject of

the sentence.

Everybody being present, the host will make a toast.

It being too late, they stopped waiting for her.

5.2.2.EXERCISES

I. Answer the following questions using the accusative with the indefinite participle

construction:

1. How did you know there was a nightingale in the gal-den? (sing). 2. How did you guess he

was the guide? (lead). 3. Why did you say the homing pigeons were back? (fly). 4. Who told you

we were playing hide-and-seek? (hide). 5. How did you notice they quarreled? (leave angrily).

II. John witnessed a car accident. Now he reports to the policeman about it:

1. yellow car - go slowly. 2. it - keep to the centre of the road. 3. green car behind - speed up.

4. driver - talk to a lady. 5. he - try to overtake. 6. green car - skid off the road. 7. it - crash into a

tree. 8. lady - bleed. 9. she - come out of the car. 10. yellow car drive away.

Ill. Use the words in brackets to form the accusative with the participle construction.

1. Father saw (Amelia, jump, barn, an umbrella as a parachute). 2. We watched (she, retell,

dramatic experiences while travelling). 3. I dont want (she, hurt). 4. Alice hates (they, waste time). 5. They discovered (the advertising company, use, their picture). 6. Everybody watched

(they, play cricket). 7. The police caught (the young boy, steal a car). 8. She surely knows how to

get (things, go). 9. Dont leave before you have (the matter, settle). 10. He is an expert. Hell have (they all, beat at chess).

IV. After the storm the office building was badly damaged. The manager tries to draw a plan

of the necessary repairs.

1. We need to have - roof tiles - replace. 2. get - windows - fix. 3. get - doors - repair. 4. have

- walls - repaint. 5. get floor - clean. 6. And, as soon as possible, I want - the telephone - set. 7. the electricity - restore. 8. the pipes - mend. 9. the bathrooms - function. 10. the elevator - work.

V. Put the following sentences into the passive voice:

1. Although it was almost dark, somebody noticed two fast skiers sliding down the slope. 2.

He found a pretty girl weeping on the stairs. 3. We still heard the dog barking from the bus

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station. 4. They observed two dolphins playing in the sea. 5. Although he was on a diet, his sister

caught him eating surreptitiously.

VI. Change the following sentences using absolute participial constructions:

I. As there were no witnesses, he pleaded not guilty. 2. We had to enter the cafeteria as the

storm started. 3. As the tyre was flat, I had to change it. 4. As the dress is too large, you have to

get it altered. 5. As their equipment was inadequate, the team was disqualified.

VII. Translate into English:

1. n mprejurimile acelea fermectoare i-am ntlnit notnd, vslind, citind i visnd Ia soare. 2. I-am vzut pe oamenii aceia cu fee roii, nfierbntate, hoinrind fr scop, punndu-se unul n calea celuilalt i folosindu-i coatele pentru a-i face drum. 3. N-am cumprat copiilor biciclete, pentru c am vzut cnd John a avut un accident. 4. Dac nu fac maina s porneasc, ne stricm o bun parte din concediu. 5. Am gsit c era prea mndr de sine, cnd de fapt valora mult mai puin. 6. Dup atia musafiri va trebui s dai Ia curat zeci de cearafuri. 7. Nu-i trebuie dicionar. Pune-o n situaia s vorbeasc romnete. 8. Mi se va face coafura i machiajul nainte de a merge Ia petrecere. 9. Dac mi amintesc bine, ai mai abordat aceast problem, dar din alt perspectiv. 10. Dei a acionat foarte rapid, a fost prins nlocuind statueta cu o copie.

5.2.3. The Gerund The gerund is formed with the help of the -ing suffix added to the verb.

Active voice Passive voice Indefinite gerund helping; writing being helped;

being written

Perfect gerund having helped; having been

helped;

having written having been written

The indefinite gerund, active or passive, denotes an action simultaneous with the present, past

or future expressed by the finite verb

I thanked him for helping me.

The indefinite gerund may also express anteriority after verbs like: excuse, remember,

forgive, thank or after prepositions like: on, upon, after, without

Thank you for helping me.

After writing this book he became famous.

The preposition before used with a gerund suggests an action posterior to that expressed by

the finite verb

Before writing the letter, I phoned him.

After such verbs as need, want, require, desire, to be worth the active voice gerund is used

with a passive meaning:

You hair needs cutting.

The book is worth reading.

My car wants repairing.

The gerund is used after:

1. transitive verbs: to avoid, to bear, to finish, to hate, to intend, to keep, to prefer

They kept talking all the time.

2. prepositional verbs: to accuse of, to agree on, to aim at, to believe in, to consist in, to

prevent from, to result in, to succeed in

She succeeded in bringing him back home.

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3. adjectives: afraid of, capable of, conscious of, proud of, responsible for, worth

She is proud of helping Tom.

4. nouns + prepositions: astonishment at, apology for, art of

His apology for being late was accepted.

5. phrases such as: there is/was no..., be used to, cant help, cant stand, cant resist She cant help laughing whenever she meets him.

The gerund differs from the -ing participle in that the former has both verbal and nominal

characteristics:

a) verbal characteristics of the gerund

1. it has the category of voice and aspect

2. the gerund can be determined by an object:

She insisted on my helping her.

3. it can be determined by an adverbial:

Id suggest leaving a little earlier. 4. it may be used as part of a compound aspect predicate

Tom finished writing the long letter.

b) nominal characteristics of the verb:

1. it can be preceded by a preposition:

It will prevent her from smoking.

2. it can be modified by a noun in the possessive case or by a possessive adjective:

I was surprised at Johns being rude. I dont mind his coming home late.

3. it can perform the syntactic function of subject or object in the sentence:

Collecting stamps is his hobby.

I hate his coming home late.

The gerund and the participle

1. if the -ing form determining a noun can be expanded into a relative clause, it is a participle,

if it cant it is a gerund growing children (Children who are growing) - participle growing pains (pains felt by

the children during growth) - gerund

2. the action denoted by the participle is carried out by the subject of the sentence, while the

gerund is itself the subject of the sentence

Driving at night is tiresome. - gerund

Driving around, I met John. - participle

5.2.4. EXERCISES

I. Translate into English making use of a gerund or a gerundial construction in each of the

following sentences:

1. Mulumesc c m-ai ajutat. 2. Maina mea necesit reparaii / trebuie reparat. 3. V deranjeaz dac fumez aici? 4. El a ieit din camer fr s rspund Ia ntrebare. 5. mi displace s m uit Ia televizor toat ziua. 6. Nu pot s-mi permit s cheltui toi banii pe care-i am. 7. Ne-am amnat plecarea din cauza sosirii lui John. 8. Vara florile au nevoie de ap n fiecare zi. 9. mi place s not n lac cnd plou. 10. Nu are rost s plngi. 11. Renun Ia fumat i te vei simi mai bine. 12. Insist ca ea sa fie prezent. 13. Ai terminat de scris romanul? 14. Nu s-a putut abine s nu plng cnd a auzit vestea. 15. Totul depinde de plecarea ta. 16. Ea nu are chef s spele vasele azi. 17. Nu are rost si dai telefon acum. 18. Merit s vizitezi acest muzeu. 19. Mi-a fcut plcere s stau de vorb cu voi. 20. Intenionez si scriu o scrisoare.

40

II. Build up sentences after the following model:

She is a good cook. She is good at cooking. 1. They are good translators. 2. Tom is a good mechanic. 3. She is a good reader. 4. Mary is

an excellent English teacher. 5. John is a very good tennis player. 6. He is a good worker. 7. Jane

is a very good story-teller. 8. He is an excellent fisher. 9. Helen is a very good novel-writer. 10.

He is a good skater.

III. Build up sentences after the following model:

The roam is dirty. It needs (to clean)

It needs cleaning.

I. The car is in a bad shape. It needs (to repair). 2. The furniture is dusty. It needs (to dust). 3.

The clock stopped. It needs (to mend). 4. My hair is too long. It needs (to cut). 5. The carpet is

dirty. It needs (to wash). 6. The skirt is too loose. It needs (to take in).

V. Put the verbs between the brackets in the gerund:

1. Do you mind (to close) the window? 2. There is no harm in (to write) them about this trip.

3. Excuse him for (to be) so rude. 4. John hates (to dance) at parties. 5. In spite of the storm

outside they went on (to sleep). 6. After (to wait) for you in the rain, I went home very angry. 7.

They couldnt help (to laugh) when they saw him so wet. 8. They stopped (to cut) the curtains when I entered the room. 9. I dont mind your (to smoke) in here. 10. Dont stop! Go on (to work).

BIBLIOGRAPHY:

1. Belcea, Lucian: Dicionar Juridic pentru Comerciani, Teora, Bucureti, 2000. 2. Brown, Gillian; Rice, Rice: Professional English in Use, Law, Cambridge

University Press, Cambridge, 2007;

3. Krois Linder, Amy: International Legal English, Cambridge University Press, Cambridge,

2007

4. Vince Michael: First Certificate Language Practice, Heinemann, Oxford,

2009.

41

Unit 6

Contents

6. 1. IT law and cybercrime

6.1.1. Computer security

6.1.2. Cybercrime

6.1.3. Data security

6.1.4. Questions

6.2. The Modals

6.2.1. Can

6.2.2. Could

6.2.3. May

6.2.4. Must

6.2.5. Need

6.2.6. Should and ought to

6.2.7. Used to

6.2.8. Dare

Time: 4 HOURS

Objectives:

The students have to learn the terminology related to IT law, computer security and data protection.

They have to learn the vocabulary from this unit and to understand the way data protection functions in the UK and then relate it to the way it functions in Romania.

They also have to revise and consolidate the grammar problems related to the modal verbs.

Competencies:

They have to be able to apply the vocabulary they have learnt in this unit to their own law studies, namely the way contracts are formed in UK.

They have to be able to explain the way IT law functions.

They have to use the grammar structures related to the modal verbs.

42

6.1. IT LAW AND CYBERCRIME

6.1.1. Computer security

6.1.2. Cybercrime:

6.1.3. Data security

43

6.1.3. Questions:

A. What is hacking? (see paragraph 6.1.1.)

B. Give some examples of cybercrimes. (see paragraph 6.1.2.)

C. What is pharming and phishing? (see paragraph 6.1.3.)

D. What problems are there in balancing freedom of expression and censorship on the

Internet? (use your knowledge of your own law studies)

6.2. Modal Verbs

6.2.1. Can

1. Can expresses permission (see MAY):

Can I go out?

You cant swim here. 2. Can expresses ability:

can = be able to

I know this problem well. Im able to help you. This article isnt difficult. Youll be able to translate it. I can swim but I wont be able to swim across this lake today. It is too cold for me.

3. Can expresses negative deduction:

EXERCISES

I. Ask permission to:

1. turn down the radio

2. ring somebody up

3. take a photograph of somebody

4. leave the window open

5. have a tea break

II. Give or dont give permission to: 1. change the time of the meeting

2. take somebody on a sightseeing tour

3. have a party on Saturday

4. show the letter to the police

5. take the book back to the library

III. Give answers as in the examples:

She can be here at 6. So can I.

He cant type. Neither can I. 1. Tom can see very well at night.

2. She can afford to buy a house.

3. I cant see without glasses.

Jane cant be working so long. Jane cant have much experience in teaching. Jane cant have taken your money.

in my opinion

its impossible

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4. They can tell the truth.

5. I cant hear what he is saying. IV. Replace can with correct forms of be able to:

1. She cant get this job. She ____ because she doesnt know any foreign language.

2. We couldnt understand this lecture. We ____ because he spoke with a Scottish accent.

3. They could earn a lot of money.

They ____ because they worked very hard.

4. You cant go out. It is too late. You ____ when you are 18.

5. He can repair your car at once.

He ____ if you pay him well.

V. Disagree with the statements below using can:

Example: I saw Tom going to the Opera House. (He was abroad.)

You cant have seen Tom going to the Opera House because he was abroad.

1. I left my keys at the office. (I saw you putting them into your bag.)

2. She is certainly waiting for us. (She hates waiting.)

3. I was taken for Marks sister. (She is much taller than you are.) 4. The Browns have bought a Rolls. (They have already got one.?

5. He walked from Trafalgar Square to the Tower in 30 minutes. (It is too far.)

VI. Translate into English the part of the sentence given in Romanian:

1. He (nu se poate s fi picat - FAIL) this exam. He was so well prepared. 2. They (nu se poate s fi vzut - SEE) me with Tom. He left Romania about two months

ago!

3. She (nu se poate s fi pltit - PAY) $2,000 for such a luxurious car! 4. You (nu se poate s fi uitat - FORGET) about your mothers birthday! 5. He (nu se poate s fi plecat - LEAVE) without saying a word.

6.2.2. Could

1. Could = be able to (see: CAN).

2. Could expresses condition:

I could buy you a book. (if I want)

Couldnt he find a better job? (if he wanted) 3. Could have done expresses:

- an action which was not performed:

He could have helped you. (But he didnt.) I could have come earlier. (But I didnt.)

- an action which in our opinion has not taken place (see CAN):

She couldnt have overslept. (In my opinion it isnt possible.) They couldnt have waited for two hours! (Its out of the question.)

EXERCISES

I. Rephrase the sentences using couldnt have ... 1. Its impossible that they have stolen the money.

45

2. Its impossible that he has refused your request. 3. Its impossible that she has married a poor man. 4. Its impossible that you were dismissed from your work. 5. Its impossible that they sold their house for $50,000. II. Translate into English the part of the sentences given in Romanian:

1. She has so many to do. She (se poate s fi uitat - FORGET) about our meeting. 2. He is a honest person. He (n-ar fi putut s ia - TAKE) those papers. 3. I always keep my keys in my bag. I (nu a fi putut lsa - LEAVE) them in the office. 4. She took part in the meeting and (se poate s fi auzit - HEAR) about new taxes. 5. He worked as a clerk all his life. He (n-ar fi putut s economiseasc - SAVE) much

money.

6.2.3. May

1. May expresses permission:

May I go out?

May I use your phone?

2. May expresses possibility in the present and in the future:

She may be working in her room. (just now)

She may pass her exam. (today or tomorrow)

She might pass her exam. (today or tomorrow; smaller possibility)

3. May / might + have done (Perfect Infinitive) expresses possibility about a past action:

He may have left (Its possible that he has already left.) He might have done it. (Its possible that he has already done it.)

EXERCISES

I. Ask someone to let you:

1. borrow his pen

2. use your typewriter

3. park your car in front of his house

4. ask a personal question

5. take his daughter to a disco

II. Allow someone to:

1. leave the class earlier

2. have something to eat

3. stay at your place for a couple of days

4. organize a party on Saturday

5. keep your book for another week

III. Give answers using a) may be ...ing, b) may +Infinitive. and c) may have + Past

Participle:

a) Example: Its 3 p.m. Whats Tom doing now? Well, he may be working in the garden.

1. Its 2 p.m. Whats Mark doing now? 2. Its 9 a.m. Whats Marks sister doing just now? 3. Its 10 p.m. Whats your mother doing at the moment?

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b) Example: When do you think theyll give us an answer? Well, they may give us an answer next week.

1. When do you think shell be promoted? 2. Why do you think the meeting will be postponed?

3. Where do you think shell have an opportunity to learn English?

c) Example: Is it possible that she waited for us for one hour?

Well, she may have waited for us for one hour.

1. Is it possible that he has lost a job?

2. Is it possible that they got married in 1987?

3. Is it possible that he refused Toms invitation?

IV. Reply giving reason:

Example: Why is she so angry today?

She may have had an argument with her boss.

1. Why is he so happy?

2. Why are they so sad?

3. Why are the children so sleepy?

4. Why is Mary so pale?

5.Why does she look so downhearted?

V. Give answers using present and past forms of may:

1. Why didnt she come to the meeting? 2. Whats the mailer with her? She looks so pale! 3. Why were they late for the lecture?

4. She isnt at home yet. Where is she? 5. Ive bought a lottery ticket. Do you think Ill win?

VI. Translate into English:

1. Tom ar putea s vrea s-i schimbe slujba. 2. S-ar putea ca ei s se uite la televizor acum. 3. ntr-adevr nu tiu cine poate avea acest articol. 4. Se poate s-i fi lsat cheile la birou. 5.S-ar putea s ai dreptate.

6.2.4. Must

1. Must / have to / have got to express obligation:

I must be there before 2.

I have to be there before 2.

I ye got to be there before 2. (British English) Must you be there before 2?

I neednt be there before 2. Do you have to be there before 2?

I dont have to be there before 2.

2. Must / had to / will have to:

I had to wait for Tom one hour.

47

Did you have to wait for him too?

Ill have to telephone him tomorrow. Will you have to do the same?

3. Must / doesnt have to / neednt Must you get up so early? Yes, I must.

Must your brother get up so early? No, he doesnt have to.

4. Must not expresses prohibition:

You must not come late to lectures. Nu trebuie s ntrzii Ia cursuri.

5. Must expresses deduction

She must be rich. (= Im sure she is rich.)

The past form of this construction is:

She must have been rich when she was young. (= Im sure she was rich.)

EXERCISES

I. Give answers using must / have