1. Revision English II

2. Put the verbs in brackets into appropriate forms  Since the days of the Law of the Twelve Tables, developed during the early Republic, the Roman legal system _________(characterize, passive) by a formalism that _______(last) for more than 1.000 years.

3. Put the verbs in brackets into appropriate forms  Early Roman law _______(draw, passive) from custom and statutes, but later during the times of the empire, the emperors ______(assert) their authority as the ultimate source of law.

4. Put the verbs in brackets into appropriate forms  Their edicts, judgments, administrative instructions, and responses to petitions _____(collect, passive) with the comments of legal scholars. "What _____(please) the emperor has the force of law." As the law and scholarly commentaries on it ______(expand), the need _____(grow) to codify and to regularize conflicting opinions.

5. Key  Since the days of the Law of the Twelve Tables, developed during the early republic, the Roman legal system was characterized by a formalism that lasted for more than 1.000 years.  Early Roman law was drawn from custom and statutes, but later during the times of the empire, the emperors asserted their authority as the ultimate source of law.

6. Key  Their edicts, judgments, administrative instructions, and responses to petitions were all collected with the comments of legal scholars. "What pleases the emperor has the force of law." As the law and scholarly commentaries on it expanded, the need grew to codify and to regularize conflicting opinions.

7. Supply the missing words: consequences, fairness, flexibility, form, principles, procedures witnesses  The basis for Roman law was the idea that the exact____, not the intention, of words or of actions produced legal____. Romans recognized that there are _____ to actions and words, but not to intentions. Roman civil law allowed great _____in adopting new ideas or extending legal ____in the complex environment of the Empire. Without replacing older laws, the Romans developed alternative ____that allowed greater ______.

8. Action, flexible, invalid, property, testament  For example, a Roman was entitled by law to make a will as he wished, but, if he did not leave his children at least 25 percent of his____, the magistrate would grant them an ____ to have the will declared ____ as an "irresponsible____." Instead of simply changing the law to avoid confusion, the Romans preferred to humanize a rigid system by ____adaptation.

9. Code, collectively, emperor, publish, ruled  It was not until much later in the 6th century AD that the ____Justinian I, who ____ over the Byzantine Empire in the east, began to ____a comprehensive ____ of laws, ____known as the Corpus Juris Civilis, but more familiarly as the Justinian Code.

10. Key  The basis for Roman law was the idea that the exact form, not the intention, of words or of actions produced legal consequences. Romans recognized that there are witnesses to actions and words, but not to intentions. Roman civil law allowed great flexibility in adopting new ideas or extending legal principles in the complex environment of the empire. Without replacing older laws, the Romans developed alternative procedures that allowed greater fairness.

11. Key  For example, a Roman was entitled by law to make a will as he wished, but, if he did not leave his children at least 25 percent of his property, the magistrate would grant them an action to have the will declared invalid as an "irresponsible testament." Instead of simply changing the law to avoid confusion, the Romans preferred to humanize a rigid system by flexible adaptation.

12. Key  It was not until much later in the 6th century AD that the emperor Justinian I, who ruled over the Byzantine Empire in the east, began to publish a comprehensive code of laws, collectively known as the Corpus Juris Civilis, but more familiarly as the Justinian Code.

13. Put the verbs in brackets into appropriate forms  The Constitution _____(set up) a system of federalism, a dual system of government whereby powers _____(divide, passive) between the state governments and the central, also _____(know) as the national or federal, government.

14. Key  The Constitution set up a system of federalism, a dual system of government whereby powers are divided between the state governments and the central (also known as the national or federal) government.

15. Fill in the missing words: Constitution, delegated, federal, granted  The Constitution limits the ____government to____, or enumerated, powers. These are powers specifically listed in the____ as being _____to the federal government.

16. Key  The Constitution limits the federal government to delegated, or enumerated, powers. These are powers specifically listed in the Constitution as being granted to the federal government.

17. concurrent, exercised, federal, reserved, states  Powers not given to the ___ government and not denied to the states are reserved to the ____or to the people. These are called____, or residual, powers. Certain powers, called ____powers, may be ____by both the federal government and state governments

18. Key  Powers not given to the federal government and not denied to the states are reserved to the states or to the people. These are called reserved, or residual, powers. Certain powers, called concurrent powers, may be exercised by both the federal government and state governments.

19. Fill in the missing words: citizen, resides, supreme, system  Under the federal ____ each government is _____ within its own sphere. Every American is both a___ of the United States and of the state in which the citizen _____.

20. Key  Under the federal system each government is supreme within its own sphere. Every American is a citizen both of the United States and of the state in which the citizen resides.

21. Key  Powers not given to the federal government and not denied to the states are reserved to the states or to the people. These are called reserved, or residual, powers. Certain powers, called concurrent powers, may be exercised by both the federal government and state governments.

22. Fill in the missing words: appoints, chief, Congress, enforces, Executive, government, orders  ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity.

23. Key  Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity.

24. Put the verbs in brackets into appropriate forms  The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program

25. Key  The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program

26. appointments, impeachment, judicial, judgment, pardons, Senate, tenure  The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___.

27. Key:  The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment.

28. Put the verbs into the appriopriate forms:  All federal judges___(appoint, passive), as ___(spell out) in the Constitution, to serve during “good behaviour”. This is effectively life- time appointment because impeachment ___(be) the only means of removal. Eleven fedral judges ___(impeach, passive), and eight others (resign) in the face of imminent impeachment; of the thousands who ___(hold) office since 1789 only 4 ___(remove, passive) following impeachment.

29. Put the verbs into the appropriate forms  In addition, the Constitution ___(provide) that their salaries may not ____(reduce, passive) while they serve. Thus, although the judges ____(choose, passive) by a political process – nomination by the president and confirmation by the Senate – they ___ relatively ____(isolate, passive) from political pressures once on the bench.

30. Key  All federal judges are appointed, as spelled out in the Constitution, to serve during “good behaviour”. This is effectively life-time appointment because impeachment is the only means of removal. Eleven fedral judges have been impeached, and eight others resigned in the face of imminent impeachment; of the thousands who have held office since 1789 only 4 have been removed following impeachment.

31. Key  In addition, the Constitution provides that their salaries may not be reduced while they serve. Thus, although the judges are chosen by a political process – nomination by the president and confirmation by the Senate – they are relatively isolated from political pressures once on the bench.

32. Fill in the missing words: appellate, hear, original, suits, tried  The United States Supreme Court is primariy the chief ____ court though it has ____jurisdiction (i.e., authority to ____ cases not yet ___elsewhere) as well. Most original ____ involve a state suing another state, which the Court must hear.

33. Key:  The United States Supreme Court is primariy the chief appellate court though it has original jurisdiction (i.e., authority to hear cases not yet tried elsewhere) as well. Most original suits involve a state suing another state, which the Court must hear.

34. ambassadors, citizens, decided, diplomatic, Suits  ___ by a state against the United States, suits by one state against aliens or ___ of another state, and those involving ___and other ___personnel may also originate here. Since the founding of the Supreme Court, only about one hundred original suits have been___.

35. Key  Suits by a state against the United States, suits by one state against aliens or citizens of another state, and those involving ambassadors and other diplomatic personnel may also originate here. Since the founding of the Supreme Court, only about one hundred original suits have been decided.

36. appeals, discretion, federal, Litigants, reviewing  Most of the Court’s work involves ___, state and local cases or resolving___ from federal decisions. ___ from either state or ___courts may request the Court to review any case, and the Court has ___ to grant or refuse request.

37. Key  Most of the Court’s work involves reviewing state and local cases or resolving appeals from federal decitions. Litigants from either state or federal courts may request the Court to review any case, and the Court has discretion to grant or refuse request.

38. Put the verbs in brackets into appropriate forms  CHRISTOPHER COLUMBUS LANGDELL, a law professor, often ___(receive) credit for ____(invent) the case method although historians ___(find) evidence that others ___(teach) by this method before him. Regardless, Langdell by all accounts ___(popularize) the case method.

39. Key  CHRISTOPHER COLUMBUS LANGDELL, a law professor, often receives credit for inventing the case method although historians have found evidence that others were teaching by this method before him. Regardless, Langdell by all accounts popularized the case method.

40. case, interpreted, judicial, law, prevalent  Langdell's beliefs differed from those of his ___ professor colleagues. Throughout the 1800s, the ___approach for teaching law school classes was the lecture method. Although professors and textbooks ____ the meaning of various court decisions, they did not offer a significant opportunity for students to do so on their own. The ____method, on the other hand, forced students to read, analyze, and interpret cases themselves. It was Langdell's opinion that law students would be better educated if they were asked to reach their own conclusions about the meaning of ___decisions.

41. Key  Langdell's beliefs differed from those of his law professor colleagues. Throughout the 1800s, the prevalent approach for teaching law school classes was the lecture method. Although professors and textbooks interpreted the meaning of various court decisions, they did not offer a significant opportunity for students to do so on their own. The case method, on the other hand, forced students to read, analyze, and interpret cases themselves. It was Langdell's opinion that law students would be better educated if they were asked to reach their own conclusions about the meaning of judicial decisions.

42.  At first, Langdell's ideas _____(reject, passive) by students, other law professors, and attorneys alike. These critics ___(view) the case method as chaotic compared with organized lectures. They ___(believe) that instead of soliciting law students' opinions regarding cases, professors should simply state their own interpretations. Law students, afraid that they were not learning from Langdell's method, ____(drop) out of his class, leaving him with only a few pupils. Enrollment in the Harvard Law School ___(decrease) dramatically because of concern over Langdell's case method and alumni ___(call) for his dismissal.

43. Key  Langdell's ideas were, at first, overwhelmingly rejected by students, other law professors, and attorneys alike. These critics viewed the case method as chaotic compared with organized lectures. They believed that instead of soliciting law students' opinions regarding cases, professors should simply state their own interpretations. Law students, afraid that they were not learning from Langdell's method, dropped out of his class, leaving him with only a few pupils. Enrollment in the Harvard Law School decreased dramatically because of concern over Langdell's case method and alumni called for his dismissal.

44. attorneys, backing, dean, dominant, instruction, replaced  But the president of Harvard University, Charles W. Eliot, supported Langdell and his case method. This ____allowed Langdell to withstand the criticism long enough to prove the case method's success: Langdell's students were becoming capable, skilled ___. In 1870 Langdell became law school___. As time passed he __his critics on the Harvard faculty with professors who believed in his system of teaching and the case method soon became the ___ teaching method at Harvard. Other U.S. law schools took note. By the early 1900s, most had adopted the case method, and it remained the primary method of legal ___throughout the twentieth century and beyond.

45. critical, facts, insight, irrelevant respond, Socratic  The case method is usually combined with a type of classroom teaching called the ___method. Through the Socratic method students orally ___ to an often difficult series of questions designed to help them gain further ___ into the meaning of the law. Students learn the skill of ___analysis this way: they learn to discern relevant from ___facts; they learn to distinguish between seemingly similar facts and issues; and they learn to analogize between dissimilar ___and issues.

46.  The case method is usually combined with a type of classroom teaching called the Socratic method. Through the Socratic method students orally respond to an often difficult series of questions designed to help them gain further insight into the meaning of the law. Students learn the skill of critical analysis this way: they learn to discern relevant from irrelevant facts; they learn to distinguish between seemingly similar facts and issues; and they learn to analogize between dissimilar facts and issues.

47. Put the verbs into appropriate forms:  The European Convention on Human Rights and Fundamental Freedoms (1950) ___(draft, passive) by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ___(draft, passive) in the light of the atrocities that ____(take) place before and during the Second World War and in its preamble the Convention ___(remind) the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law ____(share) by their governments.

48. Key  The European Convention on Human Rights and Fundamental Freedoms (1950) was drafted by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ws drafted in the light of the atrocities that took place before and during the Second World War and in its preamble the Convention reminds the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law shared by their governments.

49. Put the verbs in brackets into appropriate forms  Further, the preamble ___(state) that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights ___(contain) in the Universal Declaration of Human Rights 1948, this being one effective way of ___(ensure) future peace and stability. The Convention ___(sign, passive) by the High Contracting Parties in 1950, and ___(enter) into force in 1953.

50. Key  Further, the preamble states that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights contained in the Universal Declaration of Human Rights 1948, this being one effective way of ensuring future peace and stability. The Convention was signed by the High Contracting Parties in 1950, and entered into force in 1953.

51. Fill in the missing words: admissibility comprises, enforcement, merits, strike out  The Court lies at the heart of the ____ of the Convention and ___of Committees, who consider the initial ___ of applications and have the power to ____cases from its list, and Chambers of the Court, who decide on the admissibility and ___ of the application.

52. Key  The Court lies at the heart of the enforcement of the Convention and comprises of Committees, who consider the initial admissibility of applications and have the power to strike out cases from its list, and Chambers of the Court, who decide on the admissibility and merits of the application.

53. Fill in the missing words: applicants applications breaches Party victims violation  Applications can either be brought by member states on behalf of individual victims of ____ by another High Contracting ___, or from individual___ claiming to be victims of a ___ of the Convention. With respect to state ___, a member state may bring an application against another state in relation to individual ____, either its own citizens or those of another state.

54. Key  Applications can either be brought by member states on behalf of individual victims of breaches by another High Contracting Party, or from individual applicants claiming to be victims of a violation of the Convention. With respect to state applications, a member state may bring an application against another state in relation to individual victims, either its own citizens or those of another state.

55. claiming, companies, natural, non- governmental, provides  Article 34 of the Convention ___that the Court may receive applications from any person, ___organization, or group of individuals ___to be a victim of a violation by one of the High Contracting Parties. A person includes both ___ and legal persons, such as ___, but does not include an unborn child.

56. Key  Article 34 of the Convention provides that the Court may receive applications from any person, non-governmental organization, or group of individuals claiming to be a victim of a violation by one of the High Contracting Parties. A person includes both natural and legal persons, such as companies, but does not include an unborn child.

57. Exercise: Put the verbs into the appropriate forms  The separation of powers is an ancient and very simple idea: that government power should not all ____(concentrate, passive) in the hands of one person or body, otherwise tyranny ______(result). Ancient Greeks, such as Aristotle in his Politics, first _____(propound) a version of this theory, but the most famous version is that _____(put forward) by Montesquieu in The Spirit of the Laws (1748)

58. Key  The separation of powers is an ancient and very simple idea: that government power should not all be concentrated in the hands of one person or body, otherwise tyranny results. Ancient Greeks, such as Aristotle in his Politics, first propounded a version of this theory, but the most famous version is that put forward by Montesquieu in The Spirit of the Laws (1748)

59. Fill in the missing words: enactment, Executive, implement, Legislative, policies  He argued that there were three functions of government. The___, or Law-Making function, which is the ___of rules for the society. The ___, or Law- Applying function, which covers actions to maintain or ____ the law, defend the State, conduct external affairs, and administer internal ___.

60. Key  He argued that there were three functions of government. The Legislative, or Law-Making functin, which is the enactment of rules for the society. The Executive, or Law.Applying function, which covers actions to maintain or implement the law, defend the State, conduct external affairs, and administer internal policies.

61. applying, disputes, exercise, judicial  Finally came the ___, or Law-Enforcing function, which is the determining of civil ____ and the punishing of criminals by deciding issues of fact and ____the law. His view was that ‘There would be an end to everything, if the same man, or the same body…were to ____those three powers…’

62. Key  Finally came the Judicial, or Law- Enforceing function, which is the determining of civil disputes and the punishing of criminals by deciding issues of fact and applying the law. His view was that ‘There would be an end to everything, if the same man, or the same body…were to exercise those three powers…’

63. branch, control, excessive, government, legislature  This can be interpreted in several ways, but the most likely is that he meant that the three functions of ___should be carried out by separate persons or bodies and that each ____ of government should only carry out its own function. For instance, the ____should not judge, nor should the executive make laws. The legislature, executive and judicial branches should have equal status so each could___ the ____use of power by another branch.

64. Key  This can be interpreted in several ways, but the most likely is that he meant that the three functions of government should be carried out by separate persons or bodies and that each branch of government should only carry out its own function. For instance, the legislature should not judge, nor should the executive make laws. The legislature, executive and judicial branches should have equal status so each could control the excessive use of power by another branch.

65. Legal terms  Person asking relief against another person in civil proceedings:  plaintiff, claimant  Person who is sued in a civil action: defendant  The written, preliminary settlements of the matters at issue in a dispute that are exchanged between the parties before the trial:  pleadings

66. Legal terms  to hear civil or criminal trial; voditi sudski postupak  Try  The hearing of a civil or criminal case before a court of competent juridiction.  Trial  Any appearance of a case before a court, including trial;  Hearing

67. Legal terms  To promise to do something  Undertake  If you a___ by a law, agreement, or decision, you do what it says you should do; respect  Abide by  To make someone obey a rule o keep a promise  Bind

68. Legal terms  A person not concerned with a dispute who is chosen by both sides to try to settle it; izabrani sudac  Arbitrator

69. Legal terms  A proposed or projected law:  Bill  Accusation of a public official for misconduct, aiming at his removal from office  impeachment

70. Legal terms  A written accusation that person ha committed a crime  Indictment  A person who institutes an official prosecution before a court  Prosecutor  To examine or investigate judicially  Try  To find or declare guilty of an offence or crime  convict

71. Legal terms  A betraying, treachery, or breach of faith against the government:  Treason  The taking or giving money for the performance or non-performance of a public duty  bribery

72. Legal terms  A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment  High crime

73. Legal terms  Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration  Misdemeanor  Deliberate violation of a rule of law or standard of behavior, especially by a government official  misconduct

74. Legal terms  ______refers to a legal decision based on the facts in evidence and the law pertaining to those facts, because the judge considers technical and procedural defenses to be overcome or irrelevant.  On the merits

75. Legal terms  A party to a lawsuit  Litigant  A case before a court  lawsuit  The power of a court to hear and decide a case  jurisdiction

76. Legal terms  The hearing of a civil or criminal case before a court of competent jurisdiction  Trial  An application for judicial examination by a higher tribunal of the decision of any lower tribunal  appeal

77. Legal terms  relating to the legal system and to judgements made in a court of law  Judicial  the branch of authority in a country which is concerned with justice and the legal system  Judiciary

78. Legal terms  If you appoint someone to a job or official position, you formally choose them for it  Appoint  someone who is appointed to a job  Appointee

79. Legal terms  If you _____ someone to a job or position, you formally choose them to hold that job or position  Nominate  1. an official suggestion of someone as a candidate in an election or for a job; 2. appointment to a job or position  Nomination  someone who is nominated for a job or position  Nominee

80. LEGAL TERMS  the period of time during which someone holds an important job  Tenure

81. Procedure/proceedings  a way in which something is done, especially the correct or agreed way to deal with something  Procedure  legal action taken against someone Proceedings  to start a legal action against someone  To institute or to start proceedings against someone