Legal English Book
Legal English Book
Chisinau - 2010
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FREE INTERNATIONAL UNIVERSITY OF MOLDOVA
INSTITUTE OF LINGUISTIC AND INTERCULTURAL STUDIES
CHAIR OF APPLIED FOREIGN LANGUAGES
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Chisinau - 2009
The Guide has been written for everyone working or training to work in the legal profession. It provides
basic knowledge of legal words and terms. The various exercises throughout the Guide focus on the key
legal vocabulary that must be known by law learners.
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TABLE OF CONTENTS
Instead of an Introduction
1. The Law………………………………………………………………………………………
2. Sources of Law………………………………………………………………………………
3. Courts in England and Wales………………………………………………………………..
4. Overview of the Legal Professions………………………………………………………….
5. Judges in the United Kingdom………………………………………………………………
6. Truth As the Fundamental Principle of the Judicial Pleading……………………………….
7. Branches of Law…………………………………………………………………………….
8. Kinds of Law: Criminal and Civil…………………………………………………………..
9. Family Law…………………………………………………………………………………
10. Commercial Law……………………………………………………………………………
11. International Law……………………………………………………………………………
Supplementary Readings………………………………………………………………………………..
Bibliography
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INSTEAD OF AN INTRODUCTION
Language is the only instrument of science, and words are but the signs of ideas.
~ Samuel Johnson
Legal English is the style of English used by lawyers and other legal professionals in the course of
their work.
Legal English has traditionally been the preserve of lawyers from English-speaking countries (such
as the USA, UK, Canada, Australia, New Zealand) which have shared common law traditions. However,
due to the spread of English as the predominant language of international business, as well as its role as a
legal language within the European Union, legal English is now a global phenomenon.
Modern legal English is based on standard English. However, it contains a number of unusual
features.
The English language can be said to have begun around 450 A.D., when boatloads of Angles, Jutes,
Saxons and Frisians arrived from the Continent. These Germanic invaders spoke closely related
languages, which came to form what we call Anglo-Saxon or Old English. Although the Anglo-Saxons
seem to have had no distinct legal profession, they developed a type of legal language, remnants of which
have survived until today. Examples include words like goods, guilt, manslaughter, murder, oath, right,
sheriff, steal, swear, theft, thief, and witness.
The Anglo-Saxons used not only Old English as a legal language, but also Latin. Although Latin
was introduced to England during the Roman occupation around the time of Christ, it became a major
force only after the arrival of Christian missionaries in 597. Latin was important for English law mainly
as the language of court records. English lawyers and judges liked to express sayings or maxims about the
law in Latin. An example that has survived is caveat emptor, dura lex sed lex, etc.
Following the Norman conquest in 1066 the official legal language was French. By 1310 almost all
acts of Parliament were in the French language. A similar evolution took place with the idiom of the
courts.
A vast amount of legal vocabulary is French in origin, including such basic words as appeal,
attorney, court, defendant, evidence, judge, jury, justice, party, plaintiff, verdict and voir dire.The French
language of lawyers became increasingly corrupt. The language of that time is often called “dog Latin”
meaning a corrupted form of Latin, which consisted of a mixture of Latin, French and English words used
in English sentence structures. It also contained many words which had nothing to do with Latin, but were
framed from the English by merely adding a Latin termination, as merdrum for murder.
In 1730, Parliament abolished Law Latin and French in legal proceedings, but many Latin and
French phrases had already entered common use in legal language, and have survived to this day.
1. Here are some Latin words and expressions used in the legal profession. How many of the
meanings on the left can you match with the expressions on the right?
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1. ab initio a. in fact (taken as a matter of fact, even though the legal
2. actus reus status may not be certain)
3. consensus ad idem b. an act forbidden by criminal law
4. de facto c. abbreviation for “exempli gratia” meaning “for
5. de novo example”
6. inter alia d. a real agreement to a contract by both parties
7. pro rata e. from the beginning
8. modus operandi f. way/method of performance
9. et seq. g. among/ in addition to other things
10. e.g. h. in proportion
11. i.e. i. abbreviation for “et sequentes” meaning “and what
follows”
j. starting again
k. abbreviation for “id est” meaning “that is”
2. The words in this exercise are used a lot in the legal profession, and appear at various stages
throughout this course, so it is important you understand what they mean. Match the definitions on the left
with the words on the right.
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1. THE LAW
Generally speaking, by law we understand any normative act issued by a legislative body of a state,
following a pre-established procedure. But, what we understand by law is only the normative act passed in
Parliament, following, of course, a pre-established procedure.
Legislative initiative in the Republic of Moldova lies with the members of Parliament, the President
of Moldova, the Government, and the People’s Assembly of the autonomous territorial unit of Gagauzia.
Legislation is passed by the Parliament in the form of constitutional laws, organic laws and ordinary laws.
The constitutional laws are aimed at revising the Constitution, they establish the organization of the
political powers and the principles of government of the state, regulate the rules, the fundamental civil
liberties and some important social relations, which are the juridical basis of the other laws.
The constitutional laws have to be adopted with a majority of at least two thirds from the total
number of the Parliament members and it is approved by referendum.
The constitution is the fundamental law of a state, consisting of a system of juridical standards
invested with a superior juridical force. The Constitution is the mirror of the economic structures, forms of
property and state organization.
The organic laws have the second juridical force after the Constitution and the constitutional laws.
The purpose of the organic laws is to direct and control the electoral system, the organization of
referendums, the organization of Parliament and Government and of the local administration, the
organization and functioning of political parties, the general organization of the educational system, the
granting of amnesty and pardon, etc. The organic laws in the Republic of Moldova shall be passed by
majority vote based on at least two ballots. In the UK they are adopted with the absolute majority of the
members of the two Houses of Parliament.
The ordinary laws establish the most various social relations except for those which are regulated by
the constitutional and organic laws. In the Republic of Moldova they shall be passed by the majority of the
votes by the members present in session (in the UK they are adopted by the absolute majority of the
members who are present in each House of Parliament).
Problems of utmost gravity or urgency confronting the Moldovan society or State shall be resolved
by referendum. The decisions of the republican referendum have supreme judicial power.
Laws have three major characteristics: they are general, compulsory and permanent. The law is a
conscious act of will, which is made to reach certain aims and to realise some social ideals. It is general
because it is valid for all the members of a society (an exception is represented by the individual laws,
which are adopted for certain specific acts). The law is compulsory because its observance does not
depend on the option of those asked to conform themselves to its disposals. As a rule, the law is
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permanent; it is in operation until it is abrogated. The only exception is represented by the temporary
laws, which are in operation up to a certain established date or an event foreseen by that law itself.
BASIC VOCABULARY
Law the combination of the rules and principles of conduct promulgated by
legislative authority, derived from court decisions and established by an
act of Parliament, local custom or practice
Legislative body official authorities who make or amend or abrogate laws
Parliament a national representative body having supreme legislative powers
within a state
Government body of people that sets and administers public policy, and exercises
executive, political, and sovereign power through customs, institutions,
and laws within a state
Autonomous - not controlled by others or by outside forces; independent;
- independent in mind or judgment; self-directed;
- independent of the laws of another state or government; self-
governing
Legislation - the act or process of making laws;
- a proposed or enacted law or group of laws
Constitution the system of fundamental laws and principles that prescribes the
nature, functions, and limits of a government or another institution and
according to which a state is governed
Referendum a vote in which the people in a particular country are all asked to say
whether they agree or disagree with a particular policy
Amnesty an act of forgiveness granted to a large group of individuals by a
government, especially for political offences
Pardon the release of a convicted person from punishment of an offence or
crime; exempt from penalty
Ballot the act, process, or method of voting, especially in secret
Utmost of the highest or greatest degree, amount, or intensity; most extreme
Will - the faculty of conscious and deliberate choice of action; volition;
- a document in which you declare what you want to happen to
your money and property after you die
To abrogate to cancel or annul especially by authority (to abrogate a law or custom)
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10. ballot g. freedom
11. utmost h. to adopt
12. permanent i. possession
13. body j. aware
k. country
l. vote
a. binding m. constant
b. institution
c. pardon
d. maximum 1. f
e. common
f. aim
3. Fill in the blank spaces with the missing words:
a) A law is passed in Parliament following a .................... procedure.
b) There are three types of laws:.................... laws, ................... laws and ..............laws.
c) Constitution is the .................. law of a state, is the ................. of the organization of a state.
d) The ordinary laws are adopted with the ……………… majority of the members ……........ in each
House of Parliament.
e) The law is the conscious act of ………………….
f) The law is valid for all the members of the ………………...
4. Consult your dictionary and find as many synonyms as possible for the following words:
7. How many word partnerships can you form by combining the two lists below?
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8. Read an abstract from the Constitution of the Republic of Moldova and fill in the gaps with
the words in the box:
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2. SOURCES OF LAW
A Constitution should be short and obscure.
~ Napoleon Bonaparte
Sources of law are the materials and processes out of which law is developed. In modern nation
states, the basic sources of law include a Constitution, statutes, case law, and regulations issued by
government agencies.
The main sources of law can be classified in the following way: theoretical (philosophical),
documentary, historical, formal and literary sources of law.
The historical sources of law are the acts and events in past time, which have given rise to
particular principles and rules of law. In the United Kingdom and Continental European legal systems,
these include the Roman law, the canon law, the feudal customs, the law merchant and the general
maritime law of Western Europe. One of the basic historical sources of law in the United Kingdom is the
Magna Carta, it is a charter granted by the King John in 1215, recognizing the rights and privileges of the
barons, church and freemen.
The formal sources of law represent legal acts accepted by the official authourities. These are
declarations by Parliament in the form of legislation, statements of law by superior courts, etc.
The term “sources” is sometimes applied to those philosophical (theoretical) principles which
have influenced law, motivated legislation or prompted change. E.g., the philosophy of Marxism-
Leninism has been the source of whole legal systems.
The term is used of the documentary sources refer to the documents containing the
athoritative statemennts of rules of law. In the United Kingdom, these are the volumes of states, statutory
instruments and of reports of case law.
The literary sources of law represent legal literature, the books to which one turns for
information. These include encyclopedias, treaties, textbooks which are based on the material sources but
have no authority and validity as rules of law, and no judge is bound to accept the rules stated there.
Notice that the continental countries have codified their laws (reduced them to statutes). Statutes and
constitutions are classified as “written or statutory law”. The English-speaking countries are based on
common or case (sometimes unwritten) law. The basic characteristic of the common law is that a case
once decided establishes a precedent that will be followed by the courts when similar controversies are
later presented.
BASIC VOCABULARY
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- a permanent rule made by a body or institution for the government
of its internal affairs
Canon law the law governing the affairs of a Christian Church, esp. the law created or
recognized by papal authority in the Roman Catholic Church
Custom the long-established habits or traditions of a society; convention
Declaration - a formal statement or announcement; proclamation;
- the ruling of a judge or court on a question of law, esp in the
chancery division of the High Court
To prompt to give rise to by suggestion
To codify to organize or collect together (laws, rules, procedures, etc.) into a system
or code
Precedent a judicial decision that serves as an authority for deciding a later case
Controversy dispute, argument, or debate, esp. one concerning a matter about which
there is strong disagreement and esp. one carried on in public or in the
press
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organ guvernamental правительственный
(государственный) орган
drept canonic церковное (каноническое)
право
сarta (a drepturilor, etc.) хартия
a codifica кодифицировать
precedent judiciar юридический прецедент
cutumă общее право
legislaţie законодательство
6. Translate the following word combinations containing the word ‘source’ into your mother
tongue:
- confidential source;
- illegitimate source;
- legal source of crime;
- legal source;
- legitimate source;
- original source;
- source of increased danger;
- source of law;
- sources of evidence.
6. Complete the following table with the corresponding verb(s), noun(s) or adjective(s) where
appropriate.
8. Solve the crossword to find the mistery phrase. The first word has been done for you.
1 l e g i s l a t i o n 6 n
2 m 7 r
3 t 8 u
4 p 9 m
5 n 10 d
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11 t 4. Justice has __________, the
12 a guilty man has been punished.
(infinitive)
1. The act or process of making laws. 5. A judgment, conclusion, or
2. Of or relating to the minority; below the age of legal majority. resolution reached or given;
3. An enactment of a legislative body expressed in a formal verdict.
document. 6. This intervention in another
nation’s affairs has set
a _____________ which we hope other countries will not follow.
7. A demand, condition (of a contract), or stipulation formally incorporated in a document.
8. The Moldavian Constitution is the main _________ of law in the Republic of Moldova followed by
codes and parliamentary statutes, and executive laws.
9. An improvement or change for the better, esp. as a result of correction of legal or political abuses or
malpractices.
10. ___________ legislation (also referred to as secondary legislation or subordinate legislation) is law
made by an executive authority under powers given to them by primary legislation in order to implement
and administer the requirements of that primary legislation.
11. Prescribed or authorized by statute.
12. Law established by following judicial decisions given in earlier cases (2 words).
9. Fill in the blanks with the appropriate words from the box:
The British Constitution is just as ___________ to the British as the US Constitution is to the
Americans. Nevertheless, it is not ____________; that is to say, it has never been wholly reduced
________ writing. This does not mean, however, that the British possess no important constitutional
___________. It merely means that the constitution is not ____________ in any single document, or series
of documents, containing their essential constitutional _____________.
Many constitutional rules are ‘laws’ in the ordinary sense, so they will be recognized and enforced
by the ___________. But there are certain other ____________ which govern the working of the
constitution, which are not laws in this sense. They are called ‘conventions’, because they arise _________
usage, or agreement.
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3. COURTS IN ENGLAND AND WALES
The United Kingdom does not have a single unified judicial system - England and Wales have one
system, Scotland another, and Northern Ireland a third. However, all types of courts in the United
Kingdom are administered by Her Majesty's Courts Service, an executive agency of the Ministry of
Justice.
There are the following types of courts in England and Wales:
The Supreme Court of the United Kingdom is the court of last resort in all matters under English
law, Welsh law, Northern Irish law and Scottish civil law. The Supreme Court was established by
Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009.
Until 2009 the House of Lords served as the court of last instance for most instances of UK law. It
was presided over by the Lord Chancellor and consisted of three to seven Lords of Appeal in
Ordinary (appointed as life peers) and peers who held high judicial office.
Court of Appeal (Criminal and Civil Division): hears appeals from the High Court and the Crown
Court.
High Court of Justice: original and appellate jurisdiction in all civil and some criminal cases. It has
three subdivisions: Family Division, Chancery Division (administration of estates and
interpretation of wills) and the Queen’s Bench (all cases not dealt with by the other two divisions).
Crown Court: responsible for all criminal cases above the level of magistrates’ courts. All trials
are held with one judge (and maybe a jury).
County Courts (300 in England and Wales): cover all types of civil suits including complaints of
race and sex discrimination. Trials are conducted by a professional circuit judge and might be
assisted by a jury.
Magistrates’ Courts: consist of three unpaid lay magistrates (known as ’justices of the peace’) who try
minor offences without a jury. They have limited civil jurisdiction, mainly in domestic matters. About
90% of criminal investigations begin here.
The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners’
courts (which investigate violent, sudden or unnatural deaths) . There are administrative tribunals which
make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards,
disputes between individuals, and disputes between individuals and government departments (e.g., over
taxation).
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Nota bene: Scotland has its own legal system, which has more similarities with the law system of
Continental countries, civil law being based on the principles of Roman rather than English Common Law.
BASIC VOCABULARY
Executive having the function or purpose of carrying plans, orders, laws, etc., into
practical effect
Lord Chancellor the cabinet minister who is head of the judiciary in England and Wales
and Speaker of the House of Lords
Peer a person who holds any of the five grades of the British nobility: duke,
marquess, earl, viscount, and baron
Appeal - the judicial review by a superior court of the decision of a lower
tribunal;
- a request for such review ;
- the right to such review;
- to apply to a superior court to review (a case or particular issue
decided by a lower tribunal)
Estate - property or possessions;
- the total extent of the real and personal property of a deceased person
or bankrupt
Trial the judicial examination of the issues in a civil or criminal cause by a
competent tribunal and the determination of these issues in accordance
with the law of the land
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1. Court of cuJsiet of the nEuaepor umCosniimet
2. soHeu of rodsL
6. gHhi Court
5. wCnro Court
7. gastaitresM'
8. tonCyu Court
Court
1. peuremS Court
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c) The Republic of Moldova
tinstCoituonal ouCtr
Criinaml leColge
The Spializeecd
Cinahisu aBtil enBrde huCal Cmaort (nomEcoic)
ortusC of sticueJ
16 15 9 4 3
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4. OVERVIEW OF THE LEGAL PROFESSIONS
The legal profession in the United Kingdom may be roughly classified in the following way:
Solicitors
By the mid-1500s in England two types of lawyers had appeared: solicitors and
barristers. Solicitors make up the largest branch of the legal profession in England
and Wales. They are found in every town, where they deal with all the day-to-day
work of preparing legal documents for buying and selling houses, making wills, etc.
They are involved in commercial work relating to business e.g. dealing with
commercial transactions, corporate matters, land, share and other property
dealings. Solicitors also work on court cases for their clients in magistrate’s and county courts, prepare
cases for barristers to present in the higher courts.
Most solicitors are graduates with a law degree. They must also undertake professional training both
by a one-year Legal Practice Course and then by two years under a training contract with a solicitor in
practice. The controlling body is the Law Society.
Barristers
The traditional work of barristers is advocacy - they present cases in court,
where their ability to speak and to think quickly "on their feet" is important.
The barrister will be "briefed" (instructed) by a solicitor - it is the solicitor
who first contacts the client and has initial conduct of the case.
The Bar Council regulates
the work of barristers
However, the barrister is to a fair extent independent of the solicitor and
can take an independent judgment as to how to conduct the case. Barristers are
occasionally advocates in magistrates’ courts (more commonly in London than
elsewhere), but they mainly work in the Crown Court (it is possible to have a solicitor advocate but this is
still rare), the High Court or in appeal courts.
Most barristers are law graduates and they undergo professional training through a Bar Vocational
Course and through a pupillage with a qualified barrister. The highest level of barristers have the title QC
(Queen’s Counsel) or "take silk". In court, barristers wear wigs and gowns in keeping the extreme
formality of the proceedings.
Judges
A judge, or arbiter of justice, is a lead official who presides over a court of law. They are
trained as barristers, as there is no separate training for judges. The judge hears all the witnesses and any
other evidence presented by the prosecution and the defence. If the accused is convicted, then the judge
pronounces the sentence. They also wear wigs and black gowns. They are usually addressed as "My Lord"
or "My Lady", "Your Honour", "Your Worship".
Jury
JUROR’S OATH
A jury consists of twelve people (‘jurors’), who are ordinary
I do solemnly, sincerely and
people, chosen at random from the Electoral Register (the list of people
truly declare and affirm that
who can vote in elections). The jury listens to the evidence given in court
I will faithfully try the
in certain criminal cases and decides whether the defendant is guilty or
defendant and give a true
innocent. If the person is found guilty, the punishment is passed by the
verdict according to the
presiding judge. Jury is rarely used in civil cases.
evidence.
Magistrates
Magistrates (also known as Justices of the Peace or JPs) judge cases in the lower courts. They are
usually unpaid and have no formal legal qualifications, but they are respectable people who are given
some training.
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Coroners
A coroner is a public official responsible for the investigation of violent, sudden, or suspicious
deaths and inquiries into treasure-trove. They have medical or legal training (or both).
Clerks of the Court
Clerks look after administrative and legal matters in the courtroom.
BASIC VOCABULARY
Law Society (in England or Scotland) the professional body of solicitors, established in
1825 and entrusted with the registration of solicitors (requiring the passing
of certain examinations) and the regulation of professional conduct
Advocacy the act of pleading or arguing in favor of something, such as a cause, idea,
or policy; active support
To contact to get in touch with; communicate with
Bar Council in a Commonwealth country and in the Republic of Ireland, is a
professional body that regulates the profession of barristers together with
the Inns of Court.
Pupillage the period spent by a newly called barrister in the chambers of a member of
the bar
Proceedings - legal action; litigation. Often used in the plural;
2. Find synonyms in the text for the following words and expressions:
1. authority having the power to control something _____________________________
2. information proving something _____________________________
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3. a member of a jury _____________________________
4. guiding, directing or influencing official _____________________________
5. to pronounce a sentence _____________________________
3. Choose the correct term for each legal profession mentioned in the text.
1. an officer acting as a judge in the lower courts;
2. a public official with authority to hear and decide cases in law court;
3. a group of people who swear to give a true decision on issues in a law court;
4. an official who investigates the cause of any death thought to be violent or unnatural;
5. a lawyer who has the right to speak and argue in higher law courts;
6. a lawyer who prepares legal documents, advises clients on legal matters and speaks for them in
lower law courts.
4. Complete each of the following sentences with the correct alternative from a, b and c.
1. Lawyers may exercise their profession (a) as lawyers, solicitors and barristers
(b) as solicitors and barristers
(c) as solicitors, barristers and judges
2. The controlling body for solicitors is (a) the Law Society
(b) the Inns of Court
(c) the Bar Council
3. In the case of solicitors the practical training takes the form of: (a) one-year training
(b) two-year training
(c) three-year training
4. All lawyers undergo an extensive period of education through: (a) practical training
(b) formal academic learning
(c) both
5. The barrister’s task is: (a) to present the case
(b) to express the arguments on the client’s behalf
(c) both
6. Solicitors (a) deal directly with the client
(b) ensure that the barrister chosen is properly and fully instructed
(c) both
7. Magistrates usually judge cases in (a) County courts
(b) lower courts
(c) Crown Court
8. Coroners inquire into (a) violent or natural deaths
(b) treasure-trove
(c) both
Duties
6. Label the following as British English (BE) or American English (AE). Some could be both
British and American.
* lawyer _______________ * counsellor _____________
* advocate _______________ * attorney _______________
* solicitor _______________ * barrister _______________
* counsel _______________ * writer _________________
7. Circle the words related to law to describe major areas of legal practice.
company relevant state corporate market
target cooperative finance criminal
regulation labour common real contract
tax copyright development public
9. Look at the picture of an American court. Match the numbers in the picture with the words
below:
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10. Fill in the blanks with the appropriate words from the box:
11. Read the text carefully and comment on the advice given to jurors. Be ready to explain the
relevance of each item:
Do’s and Don’ts for Jurors
During trial:
1. DO arrive on time and DO return promptly after breaks and lunch. The trial cannot proceed until
all jurors are present.
2. DO pay close attention to witnesses. Concentrate both on what the witness say and on their manner
while testifying. If you cannot hear what is being said, raise your hand and let the judge know.
3. DO keep an open mind all through the trial.
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4. DO listen carefully to the instructions read by the judge. Remember, it is your duty to accept what
the judge says about the law to be applied to the case.
5. DON'T try to guess what the judge thinks about the case. Remember that rulings from the bench
do not reflect the judge's personal views.
6. DON'T talk about the case, or issues raised by the case with anyone--including other jurors--while
the trial is going on, and DON'T let others talk about the case in your presence, even family
members. If someone insists on talking to you or another juror about the case, please report the
matter to a court employee. These rules are designed to help you keep an open mind during the
trial.
7. DON'T talk to the lawyers, parties, or witnesses about anything. This will avoid the impression
that something unfair is going on.
8. DON'T try to uncover evidence on your own. Never, for example, go to the scene of an event that
was part of the case you are hearing. You must decide the case only on the basis of evidence
admitted in court.
9. DON'T let yourself get information about the case from the news media or any other outside
source. Even if news reports are accurate and complete, they cannot substitute for your own
impressions about the case. If you accidentally hear outside information about the case during trial,
tell a member of the court staff in private.
During deliberation:
1. DO work out differences between yourself and other jurors through complete and fair discussions
of the evidence and of the judge's instructions. DON'T lose your temper.
2. DON'T mark or write on exhibits (documents).
3. DON'T try to guess what might happen if the case you have heard is appealed. Appellate courts
deal only with legal questions--they will not change your verdict if you decided the facts based on
proper evidence and instructions.
4. DON'T play cards, read, or engage in any other diversion.
5. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the
jury. After discharge, you may discuss the verdict and the deliberations with anyone, including the
media, the lawyers, or your family. But DON'T feel obligated to do so -- no juror can be forced to
talk without a court order.
The United Kingdom is almost unique in having not only two different kinds of lawyers but also of
judges. The two kinds of judges are Magistrates and High Court Judges.
Magistrates in England and Wales may be subdivided into: lay magistrates and legal
professionals permanently employed by the Ministry of Justice (United Kingdom).
The vast majority of judges are unpaid. They are called Magistrates, Lay
Magistrates or Justices of the Peace (JPs). They are about 30 000 in the UK, half of them
are women. They are volunteers from all walks of life who deal with about 95 per cent of
criminal cases in England and Wales, including many of the crimes that most affect the
public, such as antisocial behaviour. In order to become a magistrate you need to be able
to commit at least 26 half-days per year to sit in court. Magistrates are not paid for their
services, so they give up their time voluntarily.
Magistrates can be appointed from the age of 18 and they must retire at 70.
However, the Lord Chancellor will not generally appoint anyone aged 65 or over. Selection is based
entriely on merit and applications are welcome from all sections of the community regardless of gender,
ethnicity, religion or sexual orientation. You don't need legal or academic qualifications to be a magistrate
and full training is provided. The initial training will normally last six days (18 hours).
As was mentioned, no formal qualifications are required but magistrates need intelligence, common
sense and the capacity to act fairly. Police officers, traffic wardens and members of the armed forces, as
well as their close relatives will not be appointed.
The second group, professional magistrates, are nowadays known as District Judges (Magistrates'
Court) or Stipendiary Magistrates (which is to say, magistrates who receive a stipend or payment). Unlike
lay magistrates, District Judges sit alone and have the authority to sit in any magistrates' court.
Magistrates are selected by special committees in every town and district. Nobody, even the
Magistrates themselves, knows who is on the special committee in their area. The committee tries to select
Magistrates from as wide a variety of professions and social classes as possible.
A small proportion of judges are not Magistrates. They are formally called Justices of Her Majesty's
High Court of Justice or simply High Court Judges; they deal with the most serious crimes, such as those
for which the criminal might be sent to prison for more than a year. High Court Judges, unlike
Magistrates, are paid salaries by the state and have considerable legal training.
High Court judges are appointed by The Queen on the advice of the Prime Minister and Lord
Chancellor. Under the Constitutional Reform Act (2005) a new Judicial Appointments Commission has
removed the appointment of judges from the political arena.
Formerly, High Court judges could only be appointed from among barristers of at least 10 years'
standing. However, a typical appointee has about of twenty to thirty years' experience as a lawyer. Until
2009 only four solicitors have been appointed as High Court judges - Michael Sachs in 1993, Lawrence
Collins in 2000, Henry Hodge in 2004, and Gary Hickinbottom in 2008.
BASIC VOCABULARY
3. In the text, find English equivalents for the following words and expressions:
4. Read Socrates’ saying. What judge’s qualities are mentioned? Who is a good/successful
judge for you? Would you like to become a judge? Why?
“Four things belong to a judge:
to hear courteously,
to answer wisely,
to consider soberly,
and to decide impartially”. (Socrates)
28
5. Read the following abstract from the Constitution of the Republic of Moldova. Fill in the
blanks with the appropriate words from the box:
president, law, successfully, incompatible, expiration, tenure, impartial, except, reaching, may
Status of Judges
(1) Judges sitting in the courts of _________ are independent, ___________ and irremovable
under the law.
(2) Judges sitting in the courts of law shall be appointed, under the law, by the ______________ of
the Republic of Moldova upon proposal submitted by the Superior Council of Magistrates. Judges who
________________ passed the contest shall be firstly appointed for a 5-year term of office. After the
_____________ of the 5-year term of office, the judges shall be appointed to this position until
____________ the age limit fixed under the law.
(3) The Presidents, Vice-Presidents and judges of the Supreme Court of Justice shall be appointed
by Parliament following a proposal submitted by the Superior Council of Magistrates. They must have a
working _____________ as judge of at least 10 years.
(4) Judges shall be promoted and transferred only at their own consent.
(5) Judges ___________ be punished as provided for under the rule of law.
(6) The office of judge shall be _______________ with the exercise of any other public or private
remunerated position, _____________ for the didactic and scientific activity.
6. Study the following table and supply the missing information, comparing judges’ service in
the United Kingdom and the Republic of Moldova.
UK RM
Controlling body
Judges’ appointment
29
7. Read the following text and answer the questions:
1. What are the main types of judges in the USA?
2. What do the surrogate judges deal with?
3. How are subordinate jurisdiction judges called?
4. Who are referees?
5. What type of judges does not receive the honorific forms of address?
ACROSS
3. A group of, usually twelve, people sworn to deliver a true verdict according to the evidence upon a case
presented in a court of law.
6. A person or thing that causes annoyance or bother; a monthly meeting that was more ___________ than
pleasure.
9. Thieves’ World (abbreviation).
10. An act or omission prohibited and punished by law.
14. A minor official, such as a justice of the peace, having administrative and limited judicial authority.
DOWN
1. A person against whom an action or claim is brought in a court of law.
2. A group of, usually twelve, people sworn to deliver a true verdict according to the evidence upon a case
presented in a court of law
4. A rule or body of rules made by the legislature.
5. The unlawful premeditated killing of one human being by another.
7. A magistrate who receives stable salary.
8. The place where legal proceedings and trials are heard.
11. The duration of holding a position, standing.
12. Military forces of a nation or nations, including the army, navy, air force, marines, etc.
30
1 2
3
4 5
6 7 8
9
10 11
12
14
31
If you tell the truth you don't have to remember anything.
~ Mark Twain
The term ‘truth’ has no single definition about which the majority of professional philosophers and
scholars agree, and various theories of truth continue to be debated. From the juridical point of view truth
represents an accurate reflection of the objective reality in thinking, by comparing what exists with what
really happens.
There are three kinds of truth: objective, relative and absolute.
The objective truth reflects the existing reality, which is independent from the human consciousness.
The criterion of truth and its sources are based upon the social-historical experience of humankind, that is
why finding out the truth is a continuous process unlimited in time one.
The relative truth is the reflection of reality, which is just, but approximate. Scientific facts represent
examples of relative truth. Using the relative and objective truths, human consciousness permanently aims
to the absolute truth.
The concept of absolute truth - what it is and whether it exists - has been debated among many
different groups of people. Philosophers find themselves in troubles trying to define the absolute truth. For
example, Plato believed that absolute truth existed, but that truth on earth was merely a shadow of great
forms of the absolute truth existing in the universe. Alternatively, many believe in relative truth, where
facts may vary depending on the circumstances.
Along the history, all the conceptions, systems and schools were appreciated through their attitude
towards the truth. Truth is the key to any lawsuit or juridical proceeding.
At the basis of all the branches of the studies of law lies the principle of absolute truth, especially in
the procedural law, where complete concordance between the facts regarding the cause and the
conclusion of the criminal lawsuit is demanded. A person who has to give evidence in a trial will have to
swear an oath that he will tell the truth and nothing but the truth. He is required not to make a false
statement or pass the truth over in silence.
What we mean by telling the truth is that a person says a true sentence and not a false one. As
Aristotle said, “a true statement is the one by which you say that it is what it is and that it is not what it is
not".
In the Middle Ages, philosophers sustained that truth is the accord between object and intellect.
Legally speaking, we have the right to sustain that our opinions are true, but we must be able to motivate
them, seriously and firmly.
BASIC VOCABULARY
2. In the text, find synonyms to the following words and make sentences with them:
origin, mankind, principle, perfect, to express, indeed, precise, scientist, accordance, standpoint
33
6. Use the following expressions in sentences of your own:
to give evidence
to tell the truth
to pass something over in silence
judicial proceedings
b) And now examine the cases and be ready to defend your view-point. The phrases in the boxes will help
you.
… Because of this…
… On account of this…
… That’s the reason
why…
NEW PRESIDENT OFFERS AMNESTY! He has called a meeting of his advisors (you) to decide
which prisoners should be released. The president has provided each group of advisors with a list of
potential prisoners. He wants his advisors to recommend which SIX prisoners should be released from
jail. Examine the facts of nine prisoners carefully and present your decisions in a written formal letter.
Memo
To: Amnesty Committee Advisors
From: The Office of the President
Re: List of Prisoners
Note: To preserve the prisoner’s identity from the press, names have been withheld
from this memo. Here follows a list of the nine prisoners up for a possibility of
amnesty. All are considered as very little risk to society. Please inform the President of
your final decision.
Number 1 is a 20-year-old student. He broke into the police’s computer system and tried to erase
his previous criminal record (some parking tickets). He was also charged with fraud after police
discovered he had hacked into a pizza company’s computer and ordered himself free pizzas for over a
year. He is serving a five-year sentence.
Number 2 is a 55-year-old engineer. He was charged with manslaughter after he hit and killed a
child while driving drunk. He has no previous criminal record. He is serving a ten-year sentence.
Number 3 is a 30-year-old mother of two. She was charged with drug dealing when police found
half a kilogram of marijuana in her apartment. She says it was for personal use, but drug laws are very
strict in this country. She is serving a five-year sentence.
34
Number 4 is a 24-year-old student and activist. He was arrested during an anti-globalisation
protest and charged with terrorism. He is a leader of a non-violent social movement and did not
participate directly in any violent acts during his protests. He is serving a three-year sentence.
Number 5 is a 40-year-old businessman. He was charged with fraud when police discovered that
he had stolen over $2 million from his company using a false system of accounting. He is serving a ten-
year sentence.
Number 6 is an unemployed woman. She was arrested for stealing food from a supermarket. This
was not the first time that she had stolen food, and she had been warned. She is serving an eight-year
sentence.
Number 7 is a prisoner of war. He was taken prisoner during the last war with the country’s
neighbours six years ago. He was a marine and engineer and was responsible for bombing a small
village in the mountains. He says he was following orders. The two countries are now at peace. He is
serving a twenty-year sentence.
Number 8 is a landlord. He was arrested for keeping a block of flats in very dirty, and some cases
dangerous conditions. He was also renting the apartments to illegal immigrants and charging a lot of
money for them. He is serving a seven-year sentence.
Number 9 is a politician. She was a leading member of the Ultra political party, an extreme group
who believed that criminals should be executed and immigrants expelled from the country. The Ultra party
is very weak now. She was arrested for stealing party funds and is serving a ten-year jail sentence.
7. BRANCHES OF LAW
Where you find the laws most numerous, there you will find also the greatest injustice.
35
~ Arcesilaus
What legal subjects do you study this year? In groups brainstorm as many subjects as you can think
of which make up a law degree.
In order to understand the many different aspects of law it is helpful to look at the various areas or
classifications of law. There are many legal principles or rules of law that are found in statutes, cases
decided by courts, and other sources that are applied by the courts in order to decide lawsuits. These
principles of law are classified as substantive law. On the other hand, the legal procedures that provide
how a lawsuit is begun, how the trial is conducted, how appeals are taken, and how a judgment is
enforced are called procedural law.
In other words, substantive law is that part of law that defines rights, and procedural law establishes
the procedures according to which rights are enforced and protected.
Law is also frequently classified into areas of public and private law. Public law includes those
branches of law that affect the public generally; private law includes the areas of the law that are
concerned with the relationship between individuals.
Public law may be divided into three general categories:
1. constitutional law, which concerns with the study, interpretation, and application of a state’s
constitution, including the issues of governance, the powers of the branches of government, civil liberties,
and civil rights.
2. administrative law, which concerns with different governing administrative agencies - that is,
the agencies created by Congress or state legislatures.
3. criminal law, which consists of rules and statutes that forbid certain conduct and provides
punishment for violation of these laws.
Private law is the branch of law that deals with the relationships between individuals in an organized
society. Private law considers the subjects of contracts, torts and property. Each of these subjects includes
several branches of law. For example, the law of contracts may be subdivided into the subjects of sales,
commercial paper, business organizations.
The law of torts is the primary source of litigation in country. A tort is a wrong committed by one
person against another person or his property. In a civilized society people who injure other persons or
their property should compensate them for their loss.
The law of property may be thought as a branch of the law of contracts. In any case property is the
basic ingredient in our economic system, and the subject matter may be subdivided into several areas such
as wills, trusts, estate in land, personal property and many more.
BASIC VOCABULARY
2. Are the following statements true or false? Correct the false ones.
1. In order to understand the many different aspects of law it is useful to look at few classifications of
law. T/F
2. Law is often classified into areas of public and constitutional law. T/F
3. Public law may be divided into three general categories: constitutional, administrative and penal
law. T/F
4. Civil law consists of rules and statutes that forbid certain conduct and provides punishment for
violation of these rules. T/F
5. Private law includes the subjects of contracts, torts and property. T/F
6. A tort is a wrong committed by one person against another one or his property. T/F
7. Property is the main ingredient in any economic system. T/F
procedural law
proprietate privată частная собственность
commercial paper
to provide punishment for
violation of law
drept public şi privat публичное и частное право
to decide lawsuits
prejudiciu деликт/гражданское
правонарушение
sistem economic экономический строй
legal principles
subject of sale
drept contractual договорное право, договорно-
обязательственное право
37
6. subjects of the property law are f. are subjects of private law
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If you are a professor, this information will help you:
With a class-mate, write an e-mail message to the Australian Professor and give him details about your
curriculum.
8. Translate the following text into English.
There are two main kinds of law: CRIMINAL LAW and CIVIL LAW. Constitutional law affects
both of them.
Criminal law
In a criminal case the state prosecutes the accused person for committing a crime or breaking the
law. 'Prosecutes' means the state makes a charge against someone. If the court finds the person guilty, the
person can be sent to prison, or fined, or punished in some other way.
Examples of different crimes and breaking the law are:
rape
public violence
assault
theft
trespass.
Usually the state is not the complainant (the one making a charge). The state prosecutes, but any
person or individual can be the complainant and lay a charge against another person or against the state.
A criminal case can be brought against anyone who broke the law, including a person who works for
the state, such as a member of the police or defence force. So if, for example, you are unlawfully assaulted
or shot by a member of the police or defence force you can bring a criminal case against them.
Civil law
Civil law is the set of rules for your private relationships with other people. The state does not take
sides in a dispute between private people.
Examples of what civil law deals with are:
marriage and divorce
if someone owes you money
rent agreements
evictions
40
damage to property
injuries to people
disputes over a hire-purchase agreement.
A civil case is usually brought by a person (called the plaintiff) who feels that he or she was
wronged by another person (called the defendant). If the plaintiff wins the case, the court usually orders
the defendant to pay compensation (money). Sometimes the court may also order a defendant to do, or
stop doing, something - for example, to stop damaging the plaintiff's property.
The state may be involved in a civil case as a party if it is suing or being sued for a wrongful act -
for example, if government property is damaged or a government official injures somebody without good
reason.
Criminal and civil actions
Sometimes a person's act may lead to both criminal and civil actions. For example, Piet Fick hits one
of the workers in his factory. This is a crime of assault. The state will prosecute him in the criminal court
if the worker lays a charge against him. If there is enough proof to show that he is guilty, he may be
punished by the state.
But Piet Fick ALSO causes pain to the worker. This is a damage that one person does to another
person. The injured worker could sue Mr Fick for damages and make him pay compensation for medical
expenses, lost wages and pain and suffering. This will be a civil claim for damages through the civil court.
BASIC VOCABULARY
Criminal law the law that deals with the constitution of offences and the punishment
of offenders
Charge a formal accusation brought against a person stating the crime that he
is alleged to have committed
Fine (noun) a certain amount of money exacted as a penalty;
(verb) to impose to pay a certain amount of money exacted as a
penalty
Trespass the intentional and wrongful invasion of another's real property
Complainant a person who makes a formal charge in the court of law
Plaintiff a person who brings a civil action in a court of law (also known as
claimant)
Civil law the law of a state relating to private and civilian affairs
To owe to be under an obligation to pay (someone) to the amount of; to be in
debt
Agreement a properly executed and legally binding accord or contract
Eviction (in civil law) deprivation of buyer’s property according to the court
decision
Defendant a person against whom an action or claim is brought in a court of law
To sue to institute legal proceedings (against)
Assault a violent attack, either physical or verbal
Proof - any evidence that establishes or helps to establish the truth,
validity, quality, etc., of something;
- the whole body of evidence upon which the verdict of a court
is based
41
2. What do we mean by the term ‘to prosecute’?
3. What can happen with a person if he/she is found guilty by the court of law?
4. Give examples of criminal actions.
5. What do we mean by ‘civil law’?
6. Give examples of civil actions.
7. Who brings a civil case in the court of law?
8. What are the basic differences between criminal and civil law?
4. Find in the text the English equivalents for the words below:
plângere иск
a comite o crimă cовершить преступление
a încălca legea нарушать закон
a plăti despăgubiri/recompensa выплачивать компенсацию
(pentru)
a amenda налагать штраф
a trimite pe cineva la închisoare сесть в тюрьму/быть
приговорённым к тюремному
заключению
a aduce cuiva o acuzaţie предъявлять обвинение против 1
кого-либо 2
3
cheltuieli medicale расходы на медицинское
обслуживание
răpire изнасилование
42
furt кража
5. LAW BREAKERS.
a) Match the definitions on the left with the words on the right.
Law-breakers committed crimes against the Law-breakers committed crimes against property
person
43
6. Translate the following article into English.
44
In delivering the ruling the judge, agreeing that the claim was frivolous, stated nevertheless that the
man held a policy from the company in which it had warranted that the cigars were insurable and also
guaranteed that it would insure against fire, without defining what it considered to be 'unacceptable fire' ,
and was obliged to pay the claim. Rather than endure a lengthy and costly appeal the insurance company
accepted the ruling and paid the man $15,000 for the rare cigars he had lost 'in the fires'.
After he cashed the cheque, however, the company had him arrested on 24 counts of arson. With his
own insurance claim and testimony from the previous case being used against him, the man was convicted
of intentionally burning his insured property and sentenced to 24 months in jail and a $24,000 fine.
Can you think of cases related to both civil and criminal law? In pairs prepare to describe such cases to
the class.
8. Punishments and penalties. Check your knowledge of punishment and penalty vocabulary
with this quiz.
1. Punish is the verb and punishment is the noun, but what is the adjective form of the word? What are
the verb and adjective forms of the noun penalty?
2. Choose the most appropriate word in bold in this sentence: 'The court ordered the defendant to pay
purgative / punishing / punitive / pugnacious damages to the claimant for the emotional distress
he had caused.'
3. What do we call a punishment which is considered to be strong enough to stop someone from
committing a crime? Is it: (a) a detergent (b) a deterrent (c) a detriment (d) a determinant?
4. Some countries still have corporal punishment and some still have capital punishment. What
happens to the people who receive these punishments?
5. In Moldova, a man is stopped by the police for driving at 95 in a 50mph zone. What will (probably)
happen to him?
6. Next week, the same man is stopped again, and the police discover that he has been drinking alcohol
and has over twice the allowed limit of alcohol in his body. What will probably happen to him now?
7. Rearrange the letters in bold to make words. The first and last letters of each word are in the correct
place: 'If a defendant is found guilty of an offence in a court of law, he is ciecnotvd. If he is found
not guilty, he is ateqciutd.'
8. What's the difference between a custodial sentence, a suspended sentence and probation?
9. What is the maximum penalty allowed for crime in the United Kingdom?
10. Prison is a noun. What is the verb form of this word?
11. A woman is sentenced to 6 months in prison for theft, 4 months in prison for selling drugs, and 1
month in prison for refusing to pay her council tax. The judge tells her that these sentences will be
concurrent, or run concurrently. What is the maximum length of time the woman will spend in
prison?
12. True or false: If someone receives a community service order, they have to go to prison.
13. Choose the correct word in bold in this sentence: An injection / injunction / injury / injustice is a
court order telling someone to stop doing something, or not to do something.
14. What do we call money that is paid from one party to another to cover the cost of damage, loss,
injury or hardship? (Clue: it begins with c and ends with n)
15. Mr. Smith goes to the Bahamas to start a new life. While he is there, an English court applies a
freezing order to Mr. Smith's assets. Would Mr. Smith be happy or unhappy about this?
9. Debate.
Reintegration: a Real Process or a Meaningless Word?
45
Read the statements below attentively and work in groups – pro and con. Prepare your arguments for and
against the statements below. Appoint the ‘Chair’ of the debate who will give the floor to the speakers of
the both teams.
Society is not ready to accept ex-prisoners. They will always be objects of suspicion in the
community.
Society helps prisoners make the transition from prison to the community.
It’s never too late to start again.
46
9. FAMILY LAW
Family law is a branch or specialty of law, also known as ‘domestic relations’ law that deals with
family relations. It concerns with such subjects as adoption, marriage, divorce, separation, paternity,
child custody and visitation, separation agreement, estate planning, support and child care.
In the past, family law has been closely connected with the law of property. It has origins in the
economic law. In old legal systems, marriage was regarded as the transfer of a woman from the power of
her family to that of her husband under terms specified in the marriage contract. And the standard method
of dissolving a marriage usually resulted in the return of the woman to the power of her family.
The modern idea of marriage, which is becoming almost universal, is a voluntary exchange of
promises between the man and the woman. Before getting married couples may be involved in substantial
decision to property, these matters now tend to be automatic (when there is no marriage contract) or to be
formalized separately. The ceremony itself is normally an exchange of consents accompanied by religious
observances or a civil ceremony (or both). The purpose of the legal formalities is to differentiate the
relationship from concubinage allowing to legally recognize custody of children, rights under
matrimonial regimes, etc.
In order to satisfy the requirement of a voluntary consent to a marriage, a party must have reached an
age at which he or she is able to give a meaningful consent. Most modern legal systems provide for a legal
minimum age of marriage from 15 to 20 years. Some systems require parental consent to marriage when
the parties are above the minimum age.
Other laws forbid marriage between persons having certain ties of relationship, either of blood or of
marriage.
A marriage can terminate as a human relationship before it is dissolved by law. Often the court
rulings - as to property and the custody of children - will merely confirm arrangements that have already
been made by the parties. In the United States and Canada, 80 to 90% of divorce proceedings are
undefended.
There are various divorce formulas: divorce for fault, such as adultery, cruelty or imprisonment;
divorce for contract’s frustration, such as incurable mental diseases or disappearance of the spouse;
divorce by mutual agreement; and divorce on the ground that the marriage has broken down.
A complicating factor in divorce law is the question of giving recognition to foreign divorces. The
divorce laws of countries and states differ. So a person living a jurisdiction in which divorce is difficult to
obtain may be able to go to another country in which divorce laws are more liberal.
Family law also shares an interest in some social issues with other areas of law (e.g., criminal law).
One of the issues that has received much attention is the very difficult problem of violence within the
family. This may take the form of physical violence by one adult member on another (in this case the
woman is almost always the victim), or by an adult on a child. The problem is one of social importance
and some studies indicate that a high proportion of violent crime originates in family units.
BASIC VOCABULARY
Adoption a legal proceeding that creates a parent-child relation between persons not
related by blood; the adopted child is entitled to all privileges belonging to
a natural child of the adoptive parents (including the right to inherit)
47
Separation the termination of cohabitation (living together) between a man and wife,
either by mutual agreement or under a decree of a court
Paternity the fact or state of being a father
Custody the act of keeping safe or guarding, esp. the right of guardianship of a child
Estate the whole property or possessions
Consent acceptance or approval of what is planned or done by another
Concubinage the act of living together without being married
To dissolve to come or bring to an end
Adultery sexual unfaithfulness of a husband or wife [Latin adulterium]
Frustration of a contract legal termination of a contract due to unforeseen circumstances that (1)
prevent achievement of its objectives, (2) render its performance illegal, or
(3) make it practically impossible to execute
Victim a person or thing that suffers harm, death, etc., from another or from some
adverse (negative) act, circumstance, etc.
48
2. In old legal systems, the standard method of dissolving a …………. usually was in the return of the
…….… to the power of her family.
3. Some systems require ………… consent to marriage when the parties are ………… the minimum age.
4. The divorce ……….. of countries and states differ.
5. Family violence may take the form of …………. violence by one adult member on another or by an
………. on a child.
6. A high proportion of violent …………. originates in family ………… .
5. Make up sentences out of these words and expressions. They can be found in the text.
1. a branch, Family, deals with, law, is, or, of, law, specialty, relations, that, family.
2. idea of, woman, between, exchange, The modern, marriage, is, of, the man, and, the, a voluntary,
promises.
3. observances, itself, is, exchange of, ceremony, an, The ceremony, consents, accompanied, a, civil, by,
or, normally, religious.
4. terminate, can, A marriage, as, before, a relationship, human, law, it, by, is, dissolved.
6. Correct mistakes in the sentences given below. You can find the right versions in the text.
1. In old legal sistems, mariage was regarded as the transfer of a woman from the power of her family to
that of her husband under term specifyed in the mariage contract.
2. Before geting maried couples may be involved in substantal decision to property, thise matters now
tends to be automatic (when there is no mariage contract) or to be formalised separatly.
3. In order to satisfy the requirment of a voluntary consent to a mariage, a party must have reached an
age at which he or she is able to give a meaningfull consent.
7. Find in the text the English equivalents for the words below:
8. Fill in the gaps with the appropriate forms from the table:
The marriage law of most Western European nations and of the USA is the product of Roman
Catholic law that .................... (1) by the changed cultural and social conditions of modern industrialized
and urbanized life. Modern marriage law regards marriage as a civil transaction and allows only
monogamous unions. The age limits for marriage, which formely permitted 12-year-olds or even younger
persons to marry, ..................... (2) upward in most countries to 15-21 years of age.
Islamic law ..................... (3) the practice of polygamy, but polygany was decreasing in almost all
Muslim countries by the late 20th century. Polygamous marriages ...................... (4) under customary laws
in many African nations, but there is growing tendency toward monogamy. There is no uniform marriage
law in many developing African countries. The regulation of marital relations is based ............(5) on
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religion...............(5) on the customary laws of the territory. This gives rise to complex problems in the case
of tribal, ethnic, or religious intermarriage.
9. Divorce Case
a) Make as many words as they can using these letters:
PAI T N S H E R O L I
b) Look at these expressions about John and Cristina. Which ones indicate that they
are in a happy relationship, and which expressions indicate that they are in an
unhappy relationship? Write H for happy and U for unhappy next to each sentence.
Their relationship is on the rocks.
They are still in a honeymoon period.
They aren’t getting along very well.
They’re going through a rough patch.
They can’t see enough of each other.
She can’t put up with him any more.
They’re going (their) separate ways.
They stick together through thick and thin.
c) Imagine you are judges. YOU are responsible for divorce cases where the husband
and wife cannot agree. Today you have been presented with another difficult case:
Ford vs. Ford. Read about the case below.
Cristina Ford
Cristina Ford is a forty-year-old advertising executive. She works very long hours and earns a lot of
money. Since their daughter Olivia was born four years ago, Cristina has worked and supported the family.
John Ford
John Ford is an unemployed forty-two year old man. He worked for many years in a bookshop. At
the moment he is trying to write a novel. He stopped working when their daughter Olivia was born, and
has stayed at home to take care of her for the past four years.
The Divorce
John and Cristina got married ten years ago. They began to have problems in their marriage after
Olivia was born. They have decided to get divorced, but are now very angry with one another.
Cristina wants:
· Full custody of Olivia.
· The family house, a three-bedroom house in a nice part of town.
· Charlie, the family dog.
· Cristina wants to sell the summer beach apartment and share the money. She refuses to give John
any money at all. She does not want any money from John. John can see his daughter every two weeks
and have her for the summer holidays.
John wants:
· Full custody of Olivia.
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· Charlie, the family dog.
· The summer beach apartment so he can write there.
· John wants to sell the family house in the city and share the money. He also wants Cristina to pay
$1000 a month for child support. Cristina can see her daughter every two weeks and have her for the
summer holidays. John also wants $25 000 compensation because he feels he sacrificed his work to raise
Olivia.
d) Now discuss with the other judges in your group. You must come to a decision and
make some clear recommendations. Write your recommendations.
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10. BUSINESS LAW
Business law (also known as commercial law) consists of the totality of the juridical standards
regarding interposing and circulation of merchandise from the producer to the consumer. It includes all
aspects of business, including advertising and marketing, collections and bankruptcy, banking,
contracts, negotiable instruments, transactions, and trade in general. Other popular areas refer to
insurance, wills and estate planning, consumer and creditor protection.
From the juridical point of view, commercial law establishes not only the production (industry), but
also the circulation (distribution) of wares.
The Antiquity
In ancient times, the first manifestation of exchange appeared at the same time with the emerging of
the idea of property. In order to satisfy their vital needs, people started to exchange their products between
themselves. In this way appeared the barter, a primitive form of exchange of goods (services) for other
goods (or services) without the use of money.
The continuous increase of the people’s needs determined certain forms of organization, in which
they assured the conditions for a great number of people to meet in certain periods of time and in places
already established. This way appeared the markets. The Greeks were the first who established rules
regarding traders’ activity. Thus, the city agoranomos (market supervisor) had to ensure that sellers sell
fairly and use the city’s weights and measures. He could not restrict the sellers to volume of sales or time.
In the good years of Rome there were juridical institutions regarding traders’ activity.
The Middle Ages
In the Middle ages, the collapse of Roman Empire determined the division of political power. And
instead of a uniform law, there appeared the specific law for the different states that resulted. In order to
defend their rights, the tradesmen began to organize themselves in corporations (called universitaria)
which significantly obtained the administrative, juridical and even legislative autonomy. A corporation
consisted of all commercial men and handicraftsmen from the same field and the leader was a consul,
helped around by councillors. The consul issued internal standards, based on customs, in order to solve
litigations between the members of a corporation. These norms were collected in statutes.
The Modern Period
It was the period when the written law of commerce appeared. The first country that passed from
common law to written law for the whole territory was France, starting with Charles IX’s edict issued in
1563. In 1807, the French Commercial Code was adopted, representing one of the five codes of Napoleon.
The fundamental concepts of the Napoleonic codification are freedom of contract and the assertion of
ownership as an absolute right.
Under the influence of the French Revolution, a great number of countries (Italy, Holland, Spain,
Brazil, Belgium, Egypt) took over the French Commercial Code as their own.
In England and the United States the common law is used, establishing rules both for commercial
and non-commercial men.
Nowadays various regulatory schemes control the way commerce is conducted. Privacy laws, safety
laws, food and drug laws are some examples.
BASIC VOCABULARY
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Advertising - the promotion of goods or services for sale through impersonal
media, such as radio or television;
- the business that specializes in creating such publicity
Marketing the science/process of interesting potential customers and clients in
products or services, it involves researching, promoting, selling and
distributing of goods/services
Bankruptcy the legal process in which a person or firm declares inability to pay debts
Transaction the act of obtaining and paying for an item or service
Wares articles of manufacture considered as being for sale
Weight - a measure of the heaviness of an object; the amount anything
weighs;
- a system of units used to express the weight of a substance
Collapse - a sudden large decline of business or the prices of stocks;
- a sudden failure or breakdown
Tradesman a man engaged in trade, esp. a retail dealer
Autonomy - the right or state of self-government, esp. when limited;
- freedom to determine one's own actions, behaviour, etc.
Handicraftsman a man skilled in manual work
Assertion - a positive statement, usually made without an attempt at furnishing
evidence;
- the act of affirming or stating something
Ownership - the state or fact of being an owner;
- legal right of possession; proprietorship
Privacy law regulation or statute that protects a person’s right to be left alone, and
governs collection and release of his/her financial, medical, and other
personal information
Safety law A law passed by US Congress to prevent employees from being injured or
contracting diseases in the coarse of their employment
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4. In Medieval times a corporation consisted of all ………….. men and ………………… from the same
field and the leader was a ………………., helped around by ………………. .
5. In England the ………….. law is used to establish rules both for commercial and non-commercial men.
3. Find as many synonyms as possible for the following words and make up sentences with
them:
wares - __________________________________________________________________________
bankruptcy - __________________________________________________________________________
distribution - __________________________________________________________________________
tradesman - __________________________________________________________________________
assertion - __________________________________________________________________________
ancientness - __________________________________________________________________________
to ensure -
___________________________________________________________________________
uniform - __________________________________________________________________________
9. There are many different kinds of contract for different situations. Look at the following
paragraphs, and decide what kind of contract is being described or talked about.
1. My cousin Bob said he was going to get rid of his computer and buy a new one. I said that I
needed a computer and suggested I bought his old one. Anyway, we agreed on a price, I gave him a
£50 deposit, and agreed to pay the balance in installments over the next three months. I'm going
round to collect the computer this evening.
2. The property is unfurnished, and the rent is £650, which has to be paid monthly in arrears.
Electricity, gas and phone bills are extra. There's a communal garden and a communal parking
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area, for which I also have to pay a nominal maintenance fee. The landlord is responsible for any
repairs to the property. I've signed this agreement for 18 months.
3. We're opening our own branch in the town centre next week. The deal is simple: we get the right to
use the company's name, their trademark, their trade names and products and wear their uniforms.
They also provide our staff with all the necessary training, give us managerial assistance and
provide advertising materials. In return, we have to meet specific requirements, such as quality of
service, maintaining good customer relations, and following the company's standard procedures.
Oh, and of course to buy all the products we sell from them.
4. The total amount you are borrowing from a bank is £9,000 at an APR (Annual Percentage Rate) of
6.6%. Repaid in monthly over 3 years, this gives you a monthly repayment figure of £275.46,
totalling £9,916.56. If you wish to make an early payment, the sum will be recalculated
accordingly. As soon as you sign a form, your funds will be released into your bank account.
5. This appointment is for a period of two years, following a 4-week probationary period. Your salary
package includes an annual gross salary of £32,000. Your hours of work are 9 to 5 Monday to
Friday, although you may be asked to work overtime during busy periods. The company has its
own medical and pension schemes which you may join.
6. The total cost is £2,870, which is payable in full before the goods can be delivered. Alternatively,
we can arrange credit terms. All goods are covered by the manufacturer's warranty, which is valid
for one year. If you are not happy with your merchandise, it can be returned for an exchange or full
refund (but please note that this is valid for 28 days only, and we will need to see your cheque or
other proof of purchase).
7. The rent of this car is £58 a day. This price includes unlimited kilometrage and fully insurance. A
refuelling service charge will be applied if you do not replace the fuel you have used.
10. Fill in the blanks with the appropriate words from the box:
ELECTRONIC COMMERCE
signed, parties, back, growing, reduced, legislative, encode, agreement, services, online
Electronic commerce is already _____________ in importance and it will become even more
important in future years. It offers businesses the opportunity to reach a wider customer base, enabling
consumers and businesses to purchase goods and _____________ from a wide range of suppliers.
However, ____________ need to be assured that electronic contracts are as effective as contracts made
traditionally.
A number of ______________ instruments have now been adopted by the United Nations (1996),
EU (2000) and etc. to secure electronic contracts.
Nowadays electronic contracts and electronic signatures are just as legal as traditional paper
contracts ____________ in ink. An electronic contract is an _______________ created and “signed” in
electronic form – in other words, no paper or other hard copies are used. For example, you write a contract
on your computer and email it to a business partner, and the business partner emails it __________ with
an electronic signature indicating acceptance. An e-contract can also be in the form of a “Click to Agree”
contract, commonly used with downloaded software.
The most secure method of signing contracts _____________ is the method known as Public Key
Infrastructure (PKI). PKI uses an algorithm to code and __________ online documents. Only people who
know the ‘key’ can have access to the information.
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E-commerce is profitable for companies that conduct business online. This way they save
considerable sums of money. For example, one online company estimated that eliminating paperwork fees
____________ costs up to $750.
57
7. The notifiable offence of telling lies when you have made an oath to say what is true in court.
8. Somebody who has committed a civil wrong to somebody, entitling the victim to claim damages.
9. A payment made by a person or company to cover the cost of damage or hardship which he / she
/it has caused.
10. An attempt by a third party to make the two sides in an argument agree.
11. A document in which a company acknowledges it owes a debt and gives the company's assets as
security.
12. The closing of a company and the selling of its assets.
13. Money claimed by a claimant from a defendant because of harm or damage done, or money
awarded by a court to a claimant as a result of harm suffered by the claimant (Clue: this word has
already appeared elsewhere in this exercise).
14. The legal responsibility for paying someone for loss or damage incurred.
15. A failure to give proper care to something, especially a duty or responsibility, with the result that a
person or property is harmed.
16. The good reputation of a business and its contacts with its customers (for example, the name of the
product it sells or its popular appeal to customers).
17. A court order telling a person or a company to stop doing something, or telling them not to do it in
the first place.
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11. INTERNATIONAL LAW
59
Conflict of laws
Conflict of laws, or "private international law" in civil law jurisdictions, governs conflicts between
private persons, rather than states. The rise of international corporations increases the number of disputes
among a unified legal framework Increasing numbers of businesses use commercial arbitration under the
New York Convention 1958.
Supranational law
The European Union is the first and only example (so far) of a supranational legal framework,
where sovereign nations have joined their authority through a system of courts and political institutions. It
constitutes a new legal order in international law for the mutual social and economic benefit of the
member states.
BASIC VOCABULARY
Multilateral of or involving more than two nations or parties
Convention an international agreement second only to a treaty in formality
Custom a practice which by long-established usage has come to have the force of
law
Charter a formal document from the sovereign or state incorporating a city, bank,
college, etc., and specifying its purposes and rights
To resort (to) the use of something as a means, help, or recourse
Settlement - the determination of a dispute, etc., by mutual agreement without
resorting to legal proceedings;
- an adjustment or agreement reached in matters of finance, business,
etc
To intervene to interpose and become a party to a legal action between others, esp. in
order to protect one's interests
Self-determination - the power or ability to make a decision for oneself without
influence from outside;
- the right of a nation or people to determine its own form of
government without influence from outside
Duties a task or action that a person is bound to perform for moral or legal reasons
Peremptory - admitting of no denial or contradiction; precluding debate;
- obligatory rather than permissive
Bilateral affecting or undertaken by two parties; mutual
Dignity the state or quality of being worthy of honour
Slavery the state or condition of being a slave; a civil relationship whereby one
person has absolute power over another and controls his life, liberty, and
fortune
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2. In the text find antonyms for the following words:
private, war, ancient, external, inequality, disagreement, to diminish, national
1. multilateral a. danger 1
2. fundamental b. to quicken 2
3. conduct c. many-sided 3
4. essential d. basic, primary 4
5. security e. method(s) 5
6. to accelerate f. safety 6
7. failure g. indispensable 7
8. force h. behaviour 8
9. threat i. dispute 9
10. means j. misfortune 10
11. to intervene k. obligation 11
12. frontier l. power 12
13. duty m. to interfere
13
14. to guarantee n. boundary
14
15. conflict o. to assure
15
4. Fill in the blank spaces with the missing words:
In the …………… of the United Nations there are ………. principles:
1. not to resort to ……………. and to threat by ………………..
2. ……………… of rights and the right of nations to ……………….
3. sovereign …………….. of states
4. the good faith accomplishment of the ……………… duties
5. international ……………….
6. not to ……………. in internal affairs of one state
7. the settlement of international …………….. by peaceful means.
5. Fill in the gaps with the appropriate words from the table:
International law is not new. Nations (1)…….. always ……… political and economic treaties with
each other. In the Medieval Europe, the Canon Law of the Catholic Church had (2)….. important role.
Law Merchant regulated trade across political frontiers. In the fifteenth century, the Church mediated
between Spain and Portugal by dividing the world (3)…….. their respective areas of interest. The 1648
Treaty of Westphalia, which called for equal treatment (4)……………….. of Protestants and Catholics,
(5)………… be seen as an early international human rights law. Nevertheless, most international law has
been created in the twentieth century. The League of Nations was set up after World War I (6)……………
disputes between nations. But it failed to stop the tension that led to World War II, partly because some
powerful countries did not join (USA) and others (7)………… when they disagreed with its decisions
(Germany, Japan). But it led to important international legislation like the Geneva Convention on the
treatment of prisoners of war and the 1951 Convention on the Status of Refugees.
66
"She couldn't breathe. She was vomiting," Kells, 31, told CNN. "I tried to run her to a hospital but
she died, maybe, 12 hours of being sick."
Robert St. Onge said his sister had been healthy and that her sudden death is a mystery.
Adding to the mystery is the fact that another tourist, a 22-year-old Norwegian woman, died at the
same resort the same weekend, the U.S. Embassy in Thailand said.
The manager of the Laleena resourt has said in published reports that he believes the women's deaths
came from drinking heavily.
Norwegian media reported that the Norweigan woman could have been a victim of food poisoning.
In Internet postings on a Web site created to update friends and family on the tragedy, Kells also
described feeling ill at the hotel and said that he believed something in their room had made the couple
sick. Kells also said he had spent less time in their room than his bride.
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Defendant Steven Green has been identified as the leader in the murder raid. He was convicted last
week in U.S. District Court in Kentucky of murder, rape and conspiracy.
He and other soldiers illegaly entered the home of an Iraqi family in 2006, raped a 14-year-old girl,
killed her and her family, and set the home afire, authorities said.
Ameena Al-Janabi testified through a translator Monday that her two grandsons were the first to
arrive home and see that their family members had been killed.
The two boys were great students, but have since refused to attend school, the woman said.
They "are lost, as if they are not living in this life," Janabi said.
Abid Abu Farras, a cousin, also spoke about the effect of the murders on the surviving brothers.
Their "futures are destroyed," Farras said. "If they had died with their family, they would have been
better off."
The prosecution rested after four witnesses.
Four other former soldiers are in prison for their roles in the crimes and the cover-up that followed.
They received sentences ranging from 27 months to 110 years -- with the possibility of parole in 10
years in the most severe cases. They were convicted and sentenced in a military court. Green might
become the first former U.S. soldier to face the death penalty for war crimes before a civilian court.
When the killings became public in 2006, some Iraqi officials demanded that American soldiers
accused of crimes against civilians face prosecution in Iraqi courts.
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Mr Lenze said that initially the disappearance of Elisabeth had given the social services cause for
concern, but that their investigations had not revealed any major discrepancies with Mr Fritzl's story that
she had run away to join a sect.
Mr Lenze told a news conference on Tuesday that neither Mr Fritzl nor his wife had any criminal
convictions at the time of the first adoption in 1994.
A qualified electrician, the police described Mr Fritzl as "a very intelligent man" who had put
electric locks on the cellar rooms which could only be opened with a special code.
Mr Fritzl was allegedly able to supply his secret family with clothes and food without arousing
suspicion by shopping outside of Amstetten.
Police say he had an excuse to travel away from home as he owned some land and could shop in
other towns and deliver goods to the cellar dungeon in the evening, unnoticed.
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Wayne Nelson Corliss, 57, was arrested at his apartment in Union City, New Jersey, about midnight
Thursday by U.S. Immigration and Customs Enforcement agents, Interpol said in a written statement.
Interpol on Tuesday announced it was attempting to identify the man, who was featured in 100
photographs sexually abusing at least three boys between the ages of 6 and 10, it said.
The images came to light in 2006, when Norwegian authorities discovered them in the possession of
a man they arrested. They were believed to have been taken in Southeast Asia.
Interpol posted six pictures of the suspect on its Web site.
"Two days ago, this man's nationality, identity and location were totally unknown," Interpol
Secretary General Ronald K. Noble said.
"All we had to go by were a series of graphic photographs in which the suspect was seen sexually
abusing young children and our confidence that the public and police worldwide would once again
respond to Interpol's call for assistance.
"That two days later the primary suspect is now in custody is an outstanding achievement and credit
to the citizens, media and law enforcement worldwide who responded to Interpol's call."
The organization, which facilitates global cooperation among police agencies, said Thursday it
received nearly 250,000 visits to its Web site within the first 24 hours after its appeal was launched --
more than 10 times the daily average.
Such tactics have proved successful for Interpol in the past.
Last October, it disseminated pictures of another man whose face appeared in more than 200 images
of sex acts with children, thought to have been taken in Vietnam and Cambodia.
Ten days later, Christopher Paul Neil, a 32-year-old Canadian who had been working as an English-
language teacher in South Korea, was arrested in Thailand and charged with child abuse after police
managed to reverse the photo-masking process.
After the success of that operation, Interpol's general assembly approved a resolution allowing
Interpol to seek public help in child sex abuse investigations.
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In a joint statement released by police, Darwin's sons, Mark, 31, and Anthony, 29, said they were in
an "angry and confused state of mind" and they wanted no further contact with their parents.
A Cleveland Police spokeswoman said Friday they wanted to speak to Anne Darwin.
"At this stage we do not know of her location. However we can confirm that if and when Mrs.
Darwin does appear in Britain then police want to speak to her as a matter of urgency," the spokeswoman
said.
Anne Darwin was tracked down by reporters to her new Central American home in Panama City
where she moved six weeks ago.
The British tabloid newspaper the Daily Mirror reported that the wife broke down crying when she
was shown a photograph, which appeared to show her posing with her husband in the Panamanian capital
last year.
LUCKY LUCIANO
byname of Charles Luciano, original name Salvatore Lucania
Lucky Luciano (born Nov. 11, 1896, Lercara Friddi, Sicily, Italy—died Jan. 26, 1962, Capodicino
Airport, Naples) the most powerful chief of American organized crime in the early 1930s and a major
influence even from prison, 1936–45, and after deportation to Italy in 1946.
Luciano immigrated with his parents from Sicily to New York City in 1906 and, at the age of 10,
was already involved in mugging, shoplifting, and extortion; in 1916 he spent six months in jail for selling
heroin. Out of jail, he teamed up with Frank Costello and Meyer Lansky and other young gangsters; he
earned his nickname “Lucky” for success at evading arrest and winning craps games.
In 1920 he joined the ranks of New York's rising crime boss, Joe Masseria, and by 1925 had become
Masseria's chief lieutenant, directing bootlegging, prostitution, narcotics distribution, and other rackets. In
October 1929 he became the rare gangster to survive a “one-way ride”; he was abducted by four men in a
car, beaten, stabbed repeatedly with an ice pick, had his throat slit from ear to ear, and was left for dead on
a Staten Island beach—but survived. He never named his abductors. Soon after, he changed his name to
Luciano.
The bloody gang war of 1930–31 between Masseria and rival boss Salvatore Maranzano was
anathema to Luciano and other young racketeers who decried the publicity and loss of business, money,
and efficiency. On April 15, 1931, Luciano lured Masseria to a Coney Island restaurant and had him
assassinated by four loyalists, Vito Genovese, Albert Anastasia, Joe Adonis, and Bugsy Siegel. Six months
later, on September 10, he had Maranzano murdered by four Jewish gunmen loaned by Meyer Lansky.
Luciano had carefully nurtured his contacts with all the young powers in gangdom and had become capo
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di tutti capi (“boss of all the bosses”), without ever accepting or claiming the title. By 1934 he and the
leaders of other crime “families” had developed the national crime syndicate or cartel.
Then, in 1935, New York special prosecutor Thomas E. Dewey bore down on Luciano, gathering
evidence of his brothel and call-girl empire and related extortion. In 1936 he was indicted, tried, and
convicted and was sentenced to Clinton Prison at Dannemora, N.Y., for a 30-to-50-year term. From his
cell Luciano continued to rule and issue orders. In 1942, after the luxury line “Normandie” blew up in
New York Harbor, Navy intelligence sought Luciano's help in tightening waterfront security. Luciano gave
the orders; sabotage on the docks ended; and in 1946 his sentence was commuted and he was deported to
Italy, where he settled in Rome. In 1947 he moved to Cuba, to which all the syndicate heads came to pay
homage and cash. But the pressure of public opinion and the U.S. narcotics bureau forced the embarrassed
Cuban regime to deport him.
He ended up in Naples, where he continued to direct the drug traffic into the United States and the
smuggling of aliens to America. He died of a heart attack in Naples in 1962 and was buried in St. John's
Cathedral Cemetery, Queens, N.Y.
MATA HARI
DUTCH DANCER
In the fall of 1917, a French military court sentenced the Dutch dancer known as Mata Hari to
death. Charged with spying for the German Reich, she was executed on October 15, in Vincennes.
Was she guilty or not? While that question has dominated traditional historical debate, it seems less
significant than the fact that the cultural image-makers, catering to male fantasies, turned Mata Hari into a
legendary figure that fulfilled the stereotype of woman as evil temptress
The daughter of a prosperous hatter, she attended a teachers' college in Leiden. In 1895 she married
an officer of Scottish origin, Captain Campbell MacLeod, and from 1897 to 1902 they lived in Java and
Sumatra. The couple returned to Europe but later separated, and she began to dance professionally in Paris
(1905) under the name of Lady MacLeod. She soon called herself Mata Hari, said to be a Malay
expression for the sun (literally, “eye of the day”). Tall, extremely attractive, superficially acquainted with
East Indian dances, and willing to appear virtually nude in public, she was an instant success in Paris and
other large cities. Throughout her life she had numerous lovers, many of them military officers. The facts
regarding her espionage activities remain obscure. Because of her international background – and
probably also due to her numerous affairs with military officers - she began to associate with various
secret services on both sides. On 13 February, 1917, Mata Hari was arrested in her room at the Hotel Plaza
Athénée in Paris. She was put on trial, accused of spying for Germany and consequently causing the
deaths of at least 50,000 soldiers.
She was held in Saint-Lazare prison while awaiting trial and interrogated no less than seventeen
times before facing an actual military jury. The prison had no baths so the only way she could clean
herself was in a small bowl that was sometimes brought to her cell. The institution itself was generally
filthy, something that greatly distressed the fastidious Mata Hari. She was isolated from other prisoners.
This may have been for her own protection since her fellow inmates may well have wanted to exact their
own justice upon a German spy but it grated on the sensibilities of the extroverted suspect. Since her arrest
was kept secret from the public, she was not allowed to write to anyone. She was permitted no clean
changes of clothing and allowed only 15 minutes a day for solitary exercise outside of her cell.
Mata Hari wrote protests against the severe conditions of her confinement. In one such missive she
wrote, "You have made me suffer too much. I am completely mad. I beg of you, put an end to this. I am a
woman. I cannot support [what is] above my strength." In another she pleaded, "I beg of you, stop making
me suffer in this prison. I am so weakened by this system and the cell is driving me mad. I have not done
any espionage in France . . . Let me have provisional liberty. Don’t torture me here." She wrote in vain.
Finally she was found guilty and was executed by firing squad on 15 October, 1917, at the age of 41.
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During World War I, her frequent traveling across international borders and her varied companions
caused several countries to wonder if she was a spy or even a double-agent. Many people who met her say
that she was sociable, but just not smart enough to pull off such a feat.
75
national hero rather than a Nazi collaborator. He also claimed to have painted five other "Vermeer's," as
well as two "Pieter de Hoogh's" all of which had surfaced on the art market since 1937.
In 1947 the trial took place and in order to demonstrate his case it was arranged that, before the court
under police guard, he would paint another "Vermeer,"Jesus Among the Doctors, using the materials and
techniques he had used for the other forgeries. During the incredible two year trial Van Meegeren had
confessed that "spurred by the disappointment of receiving no acknowledgements from artists and
critics....I determined to prove my worth as a painter by making a perfect 17th century canvas."
At the end of the trial collaboration charges were changed to forgery and Van Meegeren was
condemned to one year in confinement. Van Meegeren was actually tickled to get only one year in jail.
"Two years," he told a reporter, "is the maximum punishment for such a thing. I know because I looked it
up in our laws twelve years ago, before I started all this. But sir, I'm sure about one thing: if I die in jail
they will just forget all about it. My paintings will become original Vermeers once more. I produced them
not for money but for art's sake." At the age of 58, he fell ill due to years of drug and alcohol abuse and
died of a heart attack in prison. In 1950 household effects were auctioned in his house at 321
Keizersgracht in Amsterdam.
n all he made more that seven million guilders, about $2 million then and roughly about twenty
times that amount today. In his last years Van Meegeren lived the high life and had purchased a number of
houses until he was caught.
What van Meegeren did was morally, ethically and legally wrong, but he certainly managed to find a
way to achieve lasting fame as a painter.
CESARE LOMBROSO
ITALIAN PHYSICIAN AND CRIMINOLOGIST
Cesare Lombroso, 1835-1909, Italian criminologist and physician. In 1876 he published a pamphlet
setting forth his theory of the origin of criminal traits. In the study, later enlarged into the famous L'uomo
delinquente he compared anthropological measurements and developed the concept of the atavistic, or
born, criminal.
Lombroso popularized the notion of the born criminal through biological determinism, claiming that
criminals have particular physiognomic attributes or deformities. Physiognomy attempts to estimate
character and personality traits from physical features of the face or the body. Whereas most individuals
evolve, the violent criminal had devolved, and therefore criminals were societal or evolutionary
regressions. If criminality was inherited, then the born criminal could be distinguished by physical
atavistic stigmata, such as:
large jaws, forward projection of jaw, low sloping foreheads
high cheekbones, flattened or upturned nose
handle-shaped ears
large chins, very prominent in appearance
hawk-like noses or fleshy lips
hard shifty eyes, scanty beard or baldness
insensitivity to pain, long arms.
He attempted to construct a purported scientific methodology in order to predict criminal behavior
and isolate individuals capable of the most violent types of criminal activity. Lombroso advocated the
study of individuals using measurements and statistical methods in compiling anthropological, social, and
economic data . Along with the natural origin of the crime and its social consequences, various remedies
can then be provided to the criminal, which would offer the greatest effects.
Lombroso claimed that the modern criminal was the savage throwback of "degeneration". Lombroso
concluded that skull and facial features were clues to genetic criminality. These features could be
measured with craniometers and calipers, and the measurements analyzed by quantitative research.
Lombroso assumed that whites were superior to non-whites by heredity, and that Africans were the first
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human beings that evolved upwards and positively to yellow then white. Racial development was signified
by social progress from primitive to modern, "only we white people have reached the ultimate symmetry
of bodily form" Lombroso stated in 1871
Lombroso's studies of female criminality began with measurements of females' skulls and
photographs in his search for "atavism". He found that female criminals were rare and showed few signs
of "degeneration" because they had “evolved less than men due to the inactive nature of their lives”. He
asserted that women were lower on the evolutionary scale, more childlike, and less intelligent. Lombroso
argued it was the females' natural passivity that withheld them from breaking the law, as they lacked the
intelligence and initiative to become criminal. Further, women who commit crimes had different physical
characteristics, such as excessive body hair, wrinkles, and an abnormal cranium.
However, Lombroso is still credited with turning attention from the legalistic study of crime to the
scientific study of the criminal. Lombroso advocated humane treatment of criminals and limitations on the
use of the death penalty.
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