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Administratie publica_2_LE_2

Limba engleza

MULTIPLE CHOICE

1. The writ ordering a person to be brought before a court or judge, so that the court may ascertainwhether his detention is lawful is called . .

a. certiorari c. capiasb. Habeas Corpus d. ratio legis

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2. The application of the writ of Habeas Corpus, also called the Great Writ:

a. has never been suspended throughout United States history.

b. has been suspended during times of war (the Civil War) and national crisis.

c. has been suspended whenever the newly elected president of the United States sodecided.

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3. An amendment is .

a. an official approval of something which then becomes legally binding.

b. a formal proposal to be discussed and voted on in a debate or meeting.

c. an addition, alteration or improvement to a motion or document.

d. a decision made by a judge or magistrate.

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4. As a general rule, with the exception of minors, mentally disordered persons and drunken persons,all natural persons have full contractual .

a. intention c. capacity

b. consideration d. acceptance

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5. In the USA, manufacturers frequently have to face .. suits.

a. industrial c. unreliability

b. liability d. palimony

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6. David Frank had to pay heavy .............. to his former employer, plus additional legal costs.

a. damage c. charges

b. remedy d. damages

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7. A .............. contract includes any contract enforceable under statutory or common law.

a. good faith c. witnessed

b. lawful d. trustworthy

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8. The First Amendment protects the ...... of the press in the U.S. of America.

a. emancipation c. release

b. deliverance d. freedom

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9. The reporter was called to testify before a........ concerning his knowledge of the drug activitiesreported in his articles.

a. great jury; c. majestic jury;

b. large jury; d. grand jury.

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10. An order from a higher court demanding that a lower court send up the record of a case for reviewis called ............ .

a. indictment; c. certiorari;

b. subpoena; d. Habeas Corpus.

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11. Choose the correct legal collocation:

a. to allow certiorari; c. to present certiorari;

b. to give certiorari; d. to grantcertiorari.

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12. In the sentence:The government must prove beyond any reasonable doubtthat, the phrase beyond

any reasonable doubtmeans:

a. giving someone the benefit of the doubt;

b. beyond any suspicion of guilt;

c. almost certain proof needed to convict a person in a criminal case.

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13. In the phrase: obtaining information respectingthe national defense, the word respectingmeans:

a. regarding, concerning; c. showing or having respect for.

b. obeying, not violating;

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14. In the sentence:The ITADA amendedthe fraud chapter of title 18 of the United States Code ,

the verb to amendmeans:

a. to alter or revise (legislation, a constitution, etc.) by formal procedure;

b. to make someone pay a certain amount of money exacted as a penalty;

c. to judge (something) with disapproval; censure.PTS: 1

15. In the sentence:In exchange for kickbacks, some patients undergo unwarranted medical

procedures, the word kickbacksmeans:

a. money given to a person to ensure that something is kept secret;

b. money to be paid as compensation to a person for injury, loss, etc;

c. money or valuables used as a bribe;

d. illegal commission paid to someone who helps in a business deal;

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16. In the sentence:Without an indictmentfrom a grand jury, prosecutors cannot bring charges

against an individual. the legal termindictmentmeans:

a. acquittal;

b. an official written statement accusing someone of a crime or an offence;

c. an informal statement saying that someone is guilty of a crime;

d. allegation.

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17. In the sentence:The U.S. Supreme Court agreed to hearBranzburgs cases.the verbto hear

means:

a. to accidentally listen to what someone is saying;

b. to listen to what the plaintiff has to say;

c. to listen to all the facts in a case in a court of law in order to make a legal decision.

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18. In the sentence:Judge Hayes states that the freedom of the press is not above the law. the phrase

to be above the law means:

a. not to have to obey the law; c. to criticize the law;

b. to obey the law; d. to enforce the law.

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19. In the sentence:The third lawyer rebuttedsome of the allegations contained in the notice. the verb

to rebut means:

a. to prove that the statements are wrong, offering convincing arguments;

b. to support the statements with convincing arguments;

c. to deny the allegations, without offering convincing arguments.

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20. Choose the English equivalent for the Latin legal phrase nolle prosequi:a. do not follow criminals: interdiction issued by the Court to police officers;

b. do not pursue: power used by the Attorney-General to stop a criminal trial;

c. do not release criminals from prison.

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21. Choose the English equivalent for the Latin legal phrase quid pro quo:

a. one thing for another: action done in return for something done or promised;

b. with the authority of /on behalf of;

c. because of lack of care: decision wrongly made by a court (which does not therefore seta precedent).

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22. In the sentence: The taxpayer does not have locus standi in this court. the Latin phrase locus

standimeans:

a. place to stay: right to witness a trial in a court of law;

b. place of the seal: used to show where to put the seal on a document;

c. place to stand: right to appear and be heard in a court;

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23. In the sentence: The same ratio legisis found in the laws of continental European countries. the

Latin phrase ratio legis means:

a. reason for deciding: main part of a court judgment setting out the legal principlesapplicable to the case;

b. reason of the law: the principle behind a law;

c. reason of the court: the argument the court has for the final ruling in a case.

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24. In the sentence:A writ ne exeat regnocan be issued to prevent the embezzler from leaving the

country. the Latin phrase ne exeat regnomeans:

a. do not leave the country: interdiction addressed to a debtor that is being prosecuted;

b. do not pursue: power used by the Attorney-General to stop a criminal trial;

c. do not leave the house: interdiction addressed to an offender placed under house arrest.

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25. In the sentence: The secretary signedper prothe manager.the Latin phraseper promeans:

a. the person who signs at the foot of a document;

b. with the authority of /on behalf of;

c. forging the signature of a superior in his/her absence.

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26. In the sentence:For further information, see the documents listed hereunder. the text reference

word hereundermeans:

a. at the bottom of a document;

b. under the signature of the person who signs the documents;

c. under this heading or below this phrase.

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27. In the sentence: This case will henceforthbe known under the name of State vs. Johnson.the textreference word henceforthmeans:

a. from this time on; c. according to this document.

b. stated later in this document;

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28. In the sentence: The case proceeded notwithstandingthe objections of the defendant.the text

reference word notwithstandingmeans:

a. consequently; c. by whatever means.

b. in spite of;

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29. In the sentence:In criminal law, mens rea is usually one of the necessary elements of a crime. the

Latin term mens reameans:

a. good will: a feeling of benevolence, approval, and kindly interest;

b. wilful misconduct: behaviour which may harm someone and which is known to be

wrong;c. guilty mind: mental state required to be guilty of committing a crime.

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30. In the sentence:He got an injunctionpreventing the company from selling his car. the

legal term injunctionmeans:

a. act of bringing someone to court to answer a charge;

b. ban or written court order, telling someone not to do something;

c. court order compelling someone to stop doing something or not to do something;

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31. In the sentence:If a contract isnt signed by both parties, is it legally binding?the legal term

binding means:

a. which legally forces someone to do something;

b. which is acceptable because it is true;

c. which is open to negotiation.

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32. Amendment IV of the Constitution of the United States of America prohibits:

a. the security of peoples lives, houses, papers and effects;

b. any unauthorized searches and seizures without a valid warrant, legally issued for a

specific purpose;

c. peoples rights to offer resistance to having their houses searched without a validwarrant.

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33. Amendment V of the Constitution of the United States of America stipulates that:

a. no person shall be held responsible for a crime without the right to speak in front of the

Grand Jury;

b. no person shall be forced to answer for a crime in front of the Grand Jury;

c. no person shall be kept in custody without an indictment of a Grand Jury.

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34. Amendment IX of the Constitution of the United States of America says that:

a. the rights stipulated in the Constitution can be interpreted and applied as everyone

pleases;

b. the rights stipulated in the Constitution shall not be misconstrued so as to undermineothers that people hold dear;

c. the rights stipulated in the Constitution can always be amended in accordance with theold ones that people treasure.

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35. If participants . any problems with the monitoring equipment, they must notify

officers immediately.a. will experience c. experiences

b. experience d. would experience

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36. If you ... journalists covering the Supreme Court, what would you write in a murder case

article?a. are c. had been

b. were d. have been

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37. If the grand jury its proceedings in secret, requiring a journalist to reveal confidential

sources would have been considered prosecutorial abuse.a. had conducted c. conducted

b. has conducted d. would have conducted

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38. If the pedestrian ... by a policeman, the former should have made a complaint tothe nearest police station.

a. had been assaulted c. will be assaulted

b. is assaulted d. is to be assaulted

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39. If the journalists story criminal activity, he would have reported it.

a. has involved c. had involved

b. involves d. will involve

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40. If a prosecutor ... a grand jury investigation in bad faith, journalists might have aright to refuse to reveal their sources.

a. were conducting c. had been conducting

b. is conducting d. will be conducting

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41. If the students hadnt been enrolled in the Journalism II class, they articles about divorce and

teenage pregnancy some years ago.a. wont write c. wouldnt written

b. wouldnt write d. wouldnt have written

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42. If the teacher ............ the articles from being published in the paper, the students wouldnt havebrought suit to the U.S. District Court for the Eastern District of Missouri.

a. hadnt prohibited c. wouldnt have brought

b. hasnt prohibited d. prohibited

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43. Tom wouldnt have hidden the murder weapon if he ...... innocent.

a. would have been c. has been

b. had been d. would be

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44. You could have served your sentence in less than three weeks if you ...... to 100 hour

community work.a. have been sentenced c. would be sentenced

b. had been sentenced d. were sentenced

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45. ........................... different if the school newspaper were written by members of an

extracurricular club?a. The ruling in that case would have been ...

b. Would the ruling in that case have been ...

c. Will the ruling in that case have been ...

d. The ruling in that case will have been ...

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46. Tom will be released to the community if the Court ............. that he is eligible for the homeconfinement program.

a. will decide c. decides

b. decide d. would decide

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47. If reporters have to identify their confidential sources before a grand jury, they ............. stories

of public interest.

a. will not be able to publish c. wouldnt have been able to publish

b. will be able not to publish d. would have been able not to publish

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48. If a reporter is forced to reveal his sources, law enforcement ............ a few criminals.

a. may be able to apprehended c. may be able to apprehend

b. may be to apprehend d. be able to apprehend

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49. certiorari by a higher court, it means that the justices have decided to let the lower courtsdecision stand.

a. If is denied c. If is not denied

b. Unless is denied d. Unless is not deniedPTS: 1

50. You had better .................... your crimes right now, when you still have a chance.

a. to confess c. confess

b. confessing d. confessed

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51. I would rather .......... the rest of my life in jail than confess to a crime I did not commit.

a. spend c. spending

b. to spend d. spentPTS: 1

52. He made me .............. all my charges, threatening me with a gun.

a. to drop c. dropping

b. drop d. to have dropped

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53. He let me .............. which option was the best for my difficult situation.

a. decide c. to decide

b. deciding d. being to decide

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54. Lets ............. a short coffee break and decide afterwards.

a. taking c. took

b. to take d. take

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55. Why not ................. your case later, when we have further information.

a. to discuss c. discuss

b. shall we discuss d. discussing

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56. He is far too unexperienced ......... to chief justice.

a. to being promoted c. to has been promoted

b. to be promoted d. being promoted

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57. The police are said . on this case for many months, without any results so far.

a. to be working c. to had worked

b. to have been working d. to being working

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58. Though my parole officer is skilled at interviewing, counselling and assessing humanbehaviour, he doesnt appear ....... their opinion on this matter.

a. sharing c. to being sharing

b. to share d. share

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59. Apparently, professional criminals tend ... to the scene of the crime.

a. to have returned c. to be returned

b. returning d. to return

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60. The Court is thought ... unjustly . him to 10 years in prison, without any possibilityof parole.

a. to . sentence c. to having sentencedb. to have sentenced d. to being sentenced

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61. Several high-security measures need before hearing the witnesses.

a. be taken c. to be taken

b. taken d. to have been taken

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62. He recommended us ... an appeal as soon as the verdict is pronounced.

a. to make c. to have made

b. making d. make

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63. We are sure that he didnt mean ... perjury; he was just too afraid ... the truth.

a. committing, to tell c. to have committed, telling

b. to commit, to tell d. commit, to be telling

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64. They made him ... under duress, without allowing his lawyer ... present during thecross-examination.

a. to speak, to be c. to be speaking, to be

b. speaking, being d. speak, to be

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65. I hate you but our witness seems it after all.

a. to interrupt, to have made c. to interrupting, to have made

b. interrupting, to make d. interrupt, to make

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66. Everybody hates ................ law expenses, especially when they have exceeded all expectations.

a. to pay c. to be paid

b. paying d. to be paying

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67. I look forward to ...................you in Court! We shall settle things then.

a. seeing c. have seen

b. see d. saw

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68. Find me a good lawyer! I dont want to risk .................. the rest of my life in jail.

a. spending c. having spended

b. to spend d. spend

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69. I advised him ................. to court and accuse him of conspiracy crimes against humanity.

a. to go c. to going

b. going d. to have gone

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70. She decided to drop all the charges, .................... of first-degree murder.

a. lest he should be accused c. lest he should not be accused

b. so that he may be accused d. for fear he is accused

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71. My lawyer suggested that I ......................... online legal advice a long time ago.

a. had taken c. could take

b. should have taken d. having taken

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72. The judge required that the bailiff ........................ the defendant, who will sit in the dock.

a. shall call c. should call

b. must call d. had called

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73. Shall we proceed? Its no use ................ for the defence witness who has contradicted hisprevious testimony!

a. to wait c. waiting

b. having to wait d. wait

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74. Im sorry Your Honour, but I can t help .............. when I speak about my deceased son.

a. crying c. not crying

b. not to cry d. cry

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75. Despite ........................ jailed for drug crimes 5 years ago, he has just been taken into custody forthe same count.

a. to have been c. to being

b. having been d. having to be

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76. He couldnt help ...................... that the defendant showed no remorse.

a. not to notice c. noticingb. not having noticed d. notice

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77. The state judge allowed him ............... his court-appointed lawyers and represent himself at trial.

a. to fire c. to have fired

b. firing d. fire

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78. I suggest ...................... upon the case after the respondents rebuttal.

a. to deliberate c. to be deliberatingb. deliberating d. deliberate

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79. The judge admitted ..................... bribe from one of his defendants months before the trial.

a. to take c. having taken

b. to be taking d. having took

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80. He finds it hard ..................... the corrupt system of justice in this third world country.

a. enduring c. having endured

b. to endure d. for him to endure

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81. Would you mind .................... up when the verdict is pronounced?

a. to stand c. being stand

b. stand d. standing

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82. We keep . the law-makers that new laws should be instituted against public corruption.

a. telling c. being told

b. to be telling d. having tell

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83. Id rather you my prior criminal record to your parents.

a. dont mention c. havent mention

b. didnt mention d. wont mention

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84. If only you . me earlier about your previous conviction!

a. inform c. informed

b. had informed d. informing

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85. Even if they . willing to testify against him, the sentence would have remained the same.

a. were c. having been

b. are d. had been

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86. Its time they with a solution against international extradition.

a. came up c. will come up

b. had come d. should come up

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87. He was so anxious to leave the court room as if he ... convicted to a life-time in jail.

a. has been c. were

b. had been d. having been

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88. I wish the police all the witnesses under the witness protection program; now its toolate for this!

a. placed c. should place

b. had placed d. to place

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89. Suppose you of espionage, what would you do to defend yourself?

a. are accused c. were accused

b. should be accused d. are being accused

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90. Its high time somebody ... him of bankruptcy fraud crimes!

a. suspected c. should suspect

b. had suspected d. suspect

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91. If only they ... more resources to taking care of their clients!

a. investing c. should invest

b. have been investing d. were investing

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92. Suppose the court .................. you to testify against your friend, what would you do?

a. summons c. summoned

b. will summon d. should summoned

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93. The jury would rather the defendant ................... deceptive on the polygraph test the previousweek.

a. hadnt been c. wouldnt have been

b. werent d. having been

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94. She wishes the opposing lawyer .............. to see any new evidence before deposition.

a. isnt entitled c. havent been entitled

b. werent entitled d. wont be entitled

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95. If we . more about the verdict, we would be ready to have a press release.

a. might know c. will know

b. know d. knew

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96. Imagine your first witness not to testify in the last minute, what would you do next?

a. decide c. has decided

b. decided d. having decided

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97. I wish you . to terms with the world you are living in!

a. come c. came

b. are coming d. have come

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98. The defendants wife wishes the prosecutors .................. for a sentence on the high end.

a. wont ask c. didnt ask

b. dont ask d. hadnt asked

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99. Suppose there ............ the possibility of parole in the federal system, would any defense attorneyask for leniency?

a. is c. has been

b. were d. being

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100. If only they on what grounds he had been arrested!

a. have mentioned c. will mention

b. mention d. had mentioned

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101. Theyd sooner she a way to deal with her present situation on her own.

a. found c. founded

b. finds d. has found

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102. If only they . something to reduce the increasing number of identity thefts.

a. did c. will do

b. do d. have done

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103. Id rather she . the rest of her life in jail than sell drugs for a living.

a. spends c. will spend

b. spent d. has spent

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104. Suppose you ........................ by the prosecutors office that you are charged with a misdemeanor,

would you contact an attorney?a. will be notified c. were notifying

b. were notified d. may be notified

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105. If only the defendant .................. clean to the judge about his involvement in the sexual assault of

the teenage girl!a. had come c. is going to come

b. will come d. comes

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106. Unfortunately, the poacher ended up .................... with six counts of possessing unlicensed guns.

a. to have been charged c. being charged

b. to be charged d. to being charged

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107. The famous pitcher was charged with ................ to possess cocaine with the intent to distribute it.

a. conspiration c. conspire

b. conspiring d. being conspired

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108. In Georgia prisoners and detainees are used to ............... tortured and abused by police andsecurity forces.

a. be c. having

b. have been d. being

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109. It is vital that the defendant . the benefit of the doubt.

a. be given c. should be give

b. can be given d. is given

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110. The judge insisted that the verdict before the Court adjourns for lunch.

a. should be pronounced c. be pronouncing

b. being pronounced d. will be pronounced

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111. The judge ordered that the court proceedings ................for an hour.

a. may be adjourned c. can be adjourned

b. should be adjourned d. might be adjourned

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112. The magistrate decided that the woman ..................immediately.

a. should be released c. might release

b. could have being released d. is released

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113. Under no circumstances will I disclose the name of my sources! Heaven . !

a. forbids c. forbade

b. forbid d. will forbid

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114. it to say that she is terribly sorry for what she did.

a. Sufficient c. Suffices

b. Suffice d. Sufficed

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115. . what may, I shall not drop the charges against him!

a. Comes c. Come

b. Coming d. To come

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116. It was out of the ordinary that the judge ... the lawyers representing the plaintiff

and respectively the respondent to argue their cases in parallel.a. should be asking c. should have asked

b. has asked d. to have asked

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117. The members of the commission expressed a desire that the participants . in an hour.

a. reconvened c. might reconvene

b. to reconvene d. should reconvene

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118. The suggestion is that we .matters more seriously.

a. took c. should take

b. taking d. would take

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119. I didnt dare tell the truth lest I . arrested for conspiracy crimes.

a. should be c. shouldnt be

b. were d. will be

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120. He began to be worried lest they ............ him of mortgage fraud crimes during their deliberations.

a. may accuse c. shall have accused

b. should have accused d. accused

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121. It is demanded that the Council . common rules applicable to international transport.

a. laid down c. should laid down

b. lay down d. lays down

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122. The defendant first contacted the plaintiff by telephone on 20thof March, 2008 and the former

demanded that he ................ $ 1000.00 immediately.

a. should have be given c. be given

b. has been given d. may be given

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123. The police officer decided that the pimp .. his lawyer the minute he was arrested.

a. be called c. has calledb. shall have called d. should have called

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124. The protesters urged that the defendant . on bail, even if he had been arrested oncharges of assault on his wife.

a. will be released c. being released

b. would be release d. be released

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125. It was unbelievable that he . the same cell with the most dangerous inmate, in a

high-security prison.

a. shall have shared c. having shared

b. should have shared d. shares

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126. Wherever you . , I shall protect you against your enemies!

a. have gone c. will be goingb. may go d. are going

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127. However difficult this problem , I will solve it in a minute!

a. shall be c. may be

b. will be d. be

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128. . you make the best of you life, judge and issue many stay-away orders for violent

ex-husbands!

a. Should c. Might

b. Shall d. May

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129. Her supporters, who had occupied most of the rows in the packed courtroom were worried lest she a prison sentence.

a. receives c. may receive

b. should receive d. received

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130. Far ..... it from me to make allegations before having some proofs.a. away is c. should be

b. is d. be

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131. I dont know how you can put . ... such an unbearable situation.

a. by with c. up with

b. up of

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132. The pro bono lawsuit filed against the state brought . an increase in the judges salaries.a. in c. about

b. around

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133. I guess the printer in the layers office has either run ... paper or has broken .

a. away with, down c. off with, off

b. out of, down

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134. Several law firms have decided to lay . employees and call ... all medical malpractice cases.

a. off, off c. up, down

b. out, off

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135. You have to learn how to ... if you are suffering from high stress levels.

a. draw back c. hold up

b. wind down

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136. My lawyer can bear . the truth of my story with substantial evidence.

a. in c. out

b. away

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137. At the crime scene, they tried to bring the unconscious woman ... but without any success.

a. round c. over

b. up

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138. Despite all difficulty, he finally managed to carry the orders he had been given.

a. about c. out

b. off

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139. His joke caught . right away and the members of the jury were very excited.

a. on c. out

b. through

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140. The high crime rate in this American state . urgent measures.

a. brings about c. calls for

b. lays down

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141. If nobody comes . a solution soon, we shall be held responsible for planting evidence

in his car.

a. up with c. out with

b. in with

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142. If you dont know the police emergency phone number, you could look it ... in the phonedirectory.

a. into c. up

b. on

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143. Our law firm will be taken . by the Lawyers Corporation.

a. in c. over

b. out

PTS: 1

144. Now it would be a good time for us to bring the matter of child support in Romania.

a. in c. out

b. up

PTS: 1

145. I have a very urgent message. Could you put me . to Mr. Leigh, please?

a. through c. up

b. off

PTS: 1

146. He put his failure in Court pure bad luck, but still hoped for the best.

a. up to c. back to

b. down to

PTS: 1

147. I must admit it was hard for me not to give ... to his threats.

a. away c. in

b. out

PTS: 1

148. We cant rule... this argument in the final hearing.

a. out c. down

b. off

PTS: 1

149. Our plan to call the witness for the defence fell . due to a miscarriage of justice.

a. about c. through

b. away

PTS: 1

150. You are wearing me with your annoying allegations!

a. in c. over

b. out

PTS: 1

151. Everybody considered that the judge had a reason to let him ... like that.

a. off c. away

b. on

PTS: 1

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152. Why dont you put your claim to be granted the right to a fair and speedy trial?

a. in c. forward

b. out

PTS: 1

153. Your Honour, I can stand the defendant! I demand to be heard!

a. in for c. down to

b. up for

PTS: 1

154. Your skillful lawyer will talk him testifying before the jury.

a. into c. against

b. about

PTS: 1

155. The matter was so delicate, that the judge had to think it ...... before announcing the verdict.

a. up c. out

b. over

PTS: 1

156. The judge could no longer put ......... his holding the court in contempt.

a. off with c. up with

b. down to

PTS: 1

157. I think you are entitled to put .... a claim and ask the insurance company to pay for the damage.

a. off c. into

b. in

PTS: 1

158. How can a young, unexperienced lawyer keep ................. with the latest laws and regulations?

a. up-to-date c. high and dry

b. down-to-earth

PTS: 1