Legal English – Level II

Legal English – Level 2 Afghanistan Rule of Law Project Kabul, Afghanistan Eisa Khan Ayoob Ayoobi August, 2007 An Introduction to Legal English Writer Eisa Khan Ayoob Ayoobi Afghanistan Rule of Law Project Project Manager Patricia McLaughlin Afghanistan Rule of Law Project Designed by Eisa Khan Ayoob Ayoobi Afghanistan Rule of Law Project USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 2 Printed by ………………………………. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 3 Table of Contents Introduction Unit 1 The Structure of Law in Afghanistan Chapter 1 ____________________ Islamic Republic of Afghanistan Chapter 2 ____________________ The Judiciary Chapter 3 ____________________ The Court System in Afghanistan Chapter 4 ____________________ The Islamic Law Chapter 5 ____________________ The Constitution of Afghanistan Unit 2 Criminal Process in Afghanistan Chapter 6 ____________________ Crimes in Afghanistan Chapter 7 ____________________ Arrest Chapter 8 ____________________ Proceedings before Trial Chapter 9 ____________________ The Trial Chapter 10 ____________________ Sentencing Option Unit 3 Common Crimes in Afghanistan Chapter 11 ____________________ Domestic Violence Chapter 12 ____________________ Homicide Chapter 13 ____________________ Rape Chapter 14 ____________________ Adultery Chapter 15 ____________________ Abortion Chapter 16 ____________________ Robbery Chapter 17 ____________________ Drug-Trafficking Chapter 18 ____________________ Kidnapping Chapter 19 ____________________ Assault and Battery USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 4 Chapter 20 ____________________ Bribery Introduction As Afghanistan develops its legal and justice sector, there will be an increasing need for high level legal English skills. This intermediate level Legal English textbook was created by the USAID funded Afghanistan Rule of Law project to increase the legal English skills of participants of the Judicial Stage Training course which is held at the National Legal Training Center of Afghanistan. However, it may also be used as a resource for other legal English programs tailored for students, professors, prosecutors, or lawyers. This Legal English text book is a contextualized Legal English course which presents legal vocabulary at an intermediate level in readings or dialogs that center on Afghan legal topics. Students are encouraged to learn the legal English within meaningful legal contexts instead of memorizing long lists of legal vocabulary. Each chapter consists of the following: Pre-Reading and Reading Section Each chapter begins with a Pre-Reading discussion. The purpose of this activity is to allow students time to discuss what they might already know about the chapter’s topic. It can also be used as an assessment activity for the teacher to gauge student’s prior legal knowledge and vocabulary about the particular topic in English. The Pre-Reading activity is a warm up activity which begins with a set of questions and a photo or diagram as a prompt for discussion. The teacher can lead this section with the whole group or have students work in small groups or pairs and report out. It is suggested that the teacher vary the technique from week to week. After students have had an opportunity to discuss the topic, they can read the Reading Section. This can be done a number of ways. The teacher can read the reading out loud and ask different questions or different students can read. Students could also work in pairs and read alternating sentences. One other technique is for the teacher to call out different words and have the students read silently and find the words, as a sort of game. Each reading section is short, so the teacher should work on pronunciation and ensure that all students understand the vocabulary. Vocabulary and Spelling Exercise After each reading, students can review the vocabulary meanings in Dari. They can also read each new vocabulary term in a sentence. Students can take turns reading them out loud. Then in pairs or groups they can generate their own sentences which can be written on the board and be corrected by the class and the teacher. The teacher can also use this section to work on pronunciation of each word. After the vocabulary has been practiced, the teacher USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 5 can have the students cover up the words and then have a quick spelling quiz or dictation to reinforce spelling skills. Grammar Section and Grammar Exercise As the focus of the text book is to teach legal English, less emphasis is placed on grammar. Teachers who use this book should feel free to bring in additional grammar exercises to compliment specific points presented in each chapter. Each grammar section begins with a simple definition and example of the grammar point that is presented in each chapter. The teacher may take time to elaborate this point in class. Then students can write out sentences using the specific grammar point. It is suggested that they always write out sentences that reinforce the legal vocabulary that has been presented to them in previous chapters. Conversational Activities The conversational activities have been written to give students an opportunity to practice legal vocabulary in natural speaking patterns. Throughout the conversations, one speaker is asking for information from a legal specialist. Usually the situations revolve around a situation or crime that that has happened, and the legal specialist answers the questions using the vocabulary that was presented in the chapter. The teacher and a higher level student can model the conversations. After that, students can practice in pairs, and high performing pairs can repeat their conversations to the class. Follow up home work might involve having the students write new conversations using the same vocabulary and performing them at the next lesson. Critical Discussion The Critical Discussion section of each chapter offers students a chance to work on a variety of thinking and reflective skills. Students are asked to brainstorm problems and solutions, prioritize various punishments or categorize laws. All of these activities are done in small groups in order to provide structured discussion time in the classroom. Students should be asked by the teacher to report out their ideas which were generated in the Critical Discussion section to the class at large. Research/ Writing The final activity for each chapter involves a research or writing activity. Students are asked to research a question and then write a short paragraph about their ideas. Teachers may need to teach basic paragraph writing as part of this section. Teachers may also ask students to USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 6 write their paragraph on another piece of paper, correct it and then have students write the corrected version into the book. About the Author Eisa Khan Ayoob Ayoobi is a graduate from Kabul University. He received his degree in Law and Political Science and is currently working as a Commercial Law Specialist at the United State Agency for International Development (USAID) funded Afghanistan Rule of Law Project. Ayoobi was also a Fulbright scholar at Stanford University of the United States where he studied law and political science and taught his native language, Farsi. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 7 Unit 1 The Structure of Law in Afghanistan USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 8 Chapter 1 The Islamic Republic of Afghanistan Pre-Reading: Look at the diagram below and discuss the following questions: 1. How many divisions of power are there in the governmental structure of Afghanistan? 2. What does the executive branch do? 3. What does the legislative branch do? 4. What does the judiciary branch do? Executive Legislative The Governmental Structure of Afghanistan Judiciary USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 9 Reading Section: The Islamic Republic of Afghanistan The Islamic Republic of Afghanistan has three branches of power in its administrative structure: the executive, the legislative and the judiciary. These branches all together enable the government to provide different services to the public. Each branch works independently and has a scope of work. The executive branch provides the security, health care, education and other public services. The legislative branch makes and approves the laws and also keeps an eye on the executive branch's work. For example, if any executive high-level officials misuse the government resources or position, the legislative branch can impeach or incapacitate that official. In conclusion, the judicial branch interprets the laws and ensures the rights of individuals and legal entities in the state. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word 1 Judicial branch 2 State 3 Executive branch 4 Legislative branch 5 Division 6 Scope of Meaning ‫ﺎﺋ‬ ‫ﻮ‬ ‫ﻮر‬ Used in a sentence The judicial branch interprets law. Afghanistan is an independent state. ‫ﻮ ا ﺮاﺋ‬ ‫ﻮ‬ The executive branch enforces law. The legislative branch makes and approves law. The governmental structure of Afghanistan is divided into three branches. ‫ﻮز ﺎر‬ Interpretation of law is within the scope of work of USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 10 work the judiciary. 7 Impeach ‫ﺎح ﺮدن‬ 8 Incapacitate ‫ﺮدن‬ 9 Legal entities ‫ﻮ‬ 10 Branch ‫ﺎ‬ ‫ا‬ The legislative branch can impeach high-level officials of the executive branch. The house of representatives of the parliament incapacitated the foreign minister. ‫ﺎص‬ ‫ا‬ The judiciary resolves disputes between legal entities and individuals. Kabul Bank has many branches across the country. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Tense, Simple Present Tense Tense Definition: Tense is a form of verbs which shows the time of an action when it happens. Example: Aria comes here everyday. Aria is coming here now. Tense Past Present USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 Future 11 Simple Present Tense Abbreviations: Subject (S), Verb (V), Object (O) Definition: Simple Present Tense shows an action which happens usually or everyday. Structure: Singular (S) + (V) + S/ES + (O) or …. Plural Example: (S) + (V) + (O) or …. She comes home everyday. They come home everyday. Note: In simple present tense the verb takes s/es only when the subject is singular. Grammar Exercise: Write a few sentences in simple present tense, and try to cover the points that the reading explained. Example: The executive branch provides education, security and other public services. The judicial branch interprets law. 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the following conversation with your partner. Try to speak naturally. Student 1: Excuse me! Can you help me? Student 2: Of course. What can I do for you? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 12 Student 1: Can you tell me about the governmental structure of Afghanistan? Student 2: Yes, I can. It has three divisions of power: the executive, the legislative and the judiciary. Student 1: What does the executive branch do? Student 2: It provides the security, health care, and other public services. Student 1: Does the executive branch interpret the laws? Student 2: No, it doesn't. The judiciary interprets the law. Student 1: What about the legislative branch? Student 2: The legislative branch makes and approves the law. Student 1: Can the legislative branch also impeach executive high-level officials? Student 2: Yes, it can. Student 1: Which branch can incapacitate ministers? Student 2: The legislative branch can. Student 1: Thank you so much. Student 2: No problem Critical Discussion: Divide into groups of three or four people. Discuss the major problems with the current governmental structure of Afghanistan. Then, generate a list of legal solutions. Make a list of both below. One is done as example for you. Problems Solutions 1. ___centralized government_______ 1. _____ decentralized government ____ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 13 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ Research: Research the judiciary branch in Afghanistan. Then, write a paragraph about it. Follow the topic sentence below. The Judiciary The judiciary is an independent division of power in the governmental structure of Afghanistan.________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 14 Chapter 2 The Judiciary Pre-Reading: Look at the diagram below and discuss the following questions: 1. How many branches are in the governmental structure of Afghanistan? 2. What does the judiciary do? 3. How many types of courts exist in the judiciary? Executive Legislative The governmental structure of Afghanistan Judiciary Supreme Court Courts of Appeal Dewans Members 1 General Criminal Primary Courts 2 Public Security 3 4 Civil and Public Rights 5 Commercial 6 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 15 7 8 9 Reading Section: The Judiciary in Afghanistan The judiciary is an independent division of branch in the structure of Afghanistan’s government. It functions independently with a simple structure. It is made up of the Supreme Court, courts of appeals and primary courts. There are also traveling courts, but they do not exist all the time in the judiciary of Afghanistan. However, the Supreme Court is the leading office in the judiciary. It has nine members with four divisions, called dewans. All members have to be assigned by the president and approved by the lower house of the parliament (the House of Representatives). After the approval of the House of Representatives, one of the members legally becomes the chief justice. The chief justice or chief of the Supreme Court is the leader of the judiciary. Therefore, the chief justice decides to assign other members to head the Dewans. Interpreting laws, ensuring rights of individuals and legal entities and resolving disputes among individuals and legal entities are the main jobs of the judiciary in Afghanistan. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence 1 Court Cases take place in the courts. 2 Judicial System ‫ﺎﺋ‬ The judicial branch needs more support. 3 Primary Court ‫ا ﺪاﺋ‬ First, a case takes place in the primary courts. 4 Appeals Court ‫ﺮا‬ Then, it may be appealed to the appeals court. 5 Appeal ‫ﻮا‬ 6 Individual ‫ﺮد‬ ‫ﺮا‬ Ahmad appealed his case to the courts of appeal. Any individual can bring a legal action to the court. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 16 7 Supreme Court ‫ﺎ‬ 8 House of representative ‫ﺮ‬ 9 Structure 10 Function The Supreme Court leads the judiciary The House of Representatives of parliament approves and makes the laws. ‫و‬ ‫ ﺮ‬/ / ‫ﺮدن‬ ‫دا‬ ‫ﺎ‬ ‫و‬ The Supreme Court has four divisions in its structure. The judiciary functions independently. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: How many and how much How many: - is an information question used to ask for the specific number or quantity of the nouns. Example: How many Dewans does the Supreme Court have? It has four Dewans. How much: - is an information question used to ask for the specific amount of non-quantity nouns. Example: How much water is that? That is a lot of water. Note: The quantity nouns are those nouns which are countable. The non-quantity nouns are those nouns which are not countable USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 17 Grammar Exercise: Now from the reading, write questions using how many. Example: How many members does the Supreme Court have? 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the following conversation with your partner. Try to keep the conversation alive. Student 1: Hello! How was the lesson today? Student 2: It was good. I learned a lot about the judiciary. Student 1: What is the judiciary? Student 2: It is one division of power in the state structure. Student 1: What does it do? Student 2: It provides legal services to the public. Student 1: What is the judiciary made up of? Student 2: It is mainly made up of the Supreme Court, courts of appeal and primary courts. Student 1: Are there any extra courts? Student 2: Yes, there are traveling courts. Student 1: What is the leading office in the judiciary structure? Student 2: It is the Supreme Court. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 18 Student 1: How many members and Dewans does the Supreme Court have? Student 2: It has nine members and four Dewans. Student 1: Who is the leader of the judiciary? Student 2: The chief justice of the Supreme Court is the leader of the judiciary. Critical Discussion: Divide into groups of three or four people. Discuss the major problems and solutions about the current judicial system in Afghanistan. Then, each group should present their ideas to the class. Make a list of both below: Solutions Problems 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ Homework: Answer the following questions without looking at the reading. Be sure to write complete sentences. How many branches does Afghanistan’s state structure have? Answer: ___________________________________________________________________. What is the judiciary? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 19 Answer: ___________________________________________________________________. What is the judiciary made up of? Answer: ___________________________________________________________________. How many members does the Supreme Court have? Answer: ___________________________________________________________________. What are the Dewans? Answer: ___________________________________________________________________. Who is the leader of the judiciary? Answer: ___________________________________________________________________. Who heads the Dewans? Answer: ___________________________________________________________________. Which house of the parliament approves the members of the Supreme Court? Answer: ___________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 20 Chapter 3 The Court System in Afghanistan Pre-Reading: Look at the diagram below and discuss its structure. Start your discussion with questions below. 1. How many types of courts are there in the Afghanistan court system? 2. How many Dewans are there in the Supreme Court? 3. Where is the Supreme Court located? The Supreme Court General Criminal Dewan Appeals Courts Public Security Dewan General Criminal Dewan Civil and Public Rights Dewan Primary Courts Public Security Dewan Commercial Dewan Central Provincial Primary Court Civil and Family Dewan Juvenile Court Public Rights Dewan Commercial Primary Court Commercial Dewan USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 District Primary Court Family Issues Primary Court Juveniles Dewan 21 Reading Section: The Court System in Afghanistan There are formally three types of courts in the court system of Afghanistan: the Supreme Court, the courts of appeal and the primary courts. The Supreme Court is the highest authority in the system and is based in the capital. It has four divisions or Dewans: the general criminal Dewan, public security Dewan, civil and public rights Dewan, and commercial Dewan. A court of appeals comprises of the following divisions: the general criminal division, public security division, civil family division, public rights division, commercial division, and juvenile division. There is a court of appeals in each of the provinces. The primary court always exists alongside the court of appeals in the provinces. The primary courts are made up of the following: the central provincial primary court, the juvenile primary court, the commercial primary court, the district primary court and the family issues primary court. In Afghanistan, if a crime is committed, the trial takes places in the primary courts. If any of the parties does not agree with the verdict, he or she may take the case to the courts of appeal. Finally, one of the parties may appeal the case to the Supreme Court. It is the highest court in Afghanistan and can make a final decision. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning 1 General Criminal Division ‫ﻮ‬ ‫د ﻮان ﺰاﺋ‬ 2 Public Security Division ‫ﺎ‬ ‫د ﻮان ا‬ 3 Civil and Public Rights Division ‫ﻮق ﺎ‬ 4 Commercial Division ‫ﺎر‬ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 ‫و‬ ‫د ﻮان ﺪ‬ ‫د ﻮان‬ 22 5 Civil and Family Division 6 Juvenile Division 7 Central Provincial Primary Court 8 Juveniles Primary Court 9 Commercial Primary Court 10 Family Issues Primary Court ‫و ﺎ‬ ‫د ﻮان ﺪ‬ ‫د ﻮان ا ﺎل‬ ‫ﺮ ﺰو‬ ‫ا ﺪاﺋ‬ ‫ا ﺪاﺋ ا ﺎل‬ ‫ﺎر‬ ‫ﺎ‬ ‫ا ﺪاﺋ‬ ‫ﺎ‬ ‫ا ﺪاﺋ‬ Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: There is and there are "There is and there are” are explanatory statements used to describe that something exists or does not exist. There is is used with singular nouns and there are is used with plural nouns. Examples: There is a book over there. There are many people here. Grammar Exercise: Now from the reading write three sentences in simple present tense and three descriptive sentences with there is or there are. Example: There are six Dewans in the court of appeals. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 23 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. 6. ________________________________________________________________________. Conversational Activities: Practice the following conversation with your partner. Student 1: Hi! How are you today? Student 2: I am good. Student 1: Did you go to class? Student 2: Yes, I did. Student 1: How was it? Student 2: It was good. Student 1: What did you study? Student 2: We covered the court system. Student 1: How many types of courts are there in the Afghanistan court system? Student 2: There are three kinds of courts: the Supreme Court, the courts of appeals, and the primary courts. Student 1: Where is the Supreme Court located? Student 2: It is based in the capital. Student 1: How many Dewans are there in the Supreme Court? Student 2: There are four divisions: the general criminal Dewan, the public security Dewan, the civil and public rights Dewan and the commercial Dewan. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 24 Student 1: How many courts are there in the primary courts? Student 2: There are five: the central provincial primary court, the juvenile primary court, the commercial primary court, the district primary court and the family issues primary court. Critical Discussion: Divide into groups of three or four people. Read the following situations and identify which Dewan would deal with each legal dispute. Write the answers on the lines. Example: 1. A twelve year old steals some money. Juvenile primary court 2. A woman wants to sell her house. 3. You just had a traffic accident. 4. A man lives in Charekar and he is robbed. 5. A girl was forced to marry when she was 14 years old. Now she is 21 years old and she would like to leave her 60 year old husband. 6. You want to sign a contract with an international company. 7. Your partner stole some money in your company. 8. A suicide bomber is caught by the Intelligence Service. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 25 Homework: Answer the below questions. How many divisions are there in the court of appeals? Answer: ___________________________________________________________________. What is a Dewan? Answer: ___________________________________________________________________. How many types of courts are there in the Afghanistan’s court system? Answer: ___________________________________________________________________. Which court has the juvenile Dewan? Answer: ___________________________________________________________________. How many courts are there in the primary courts? Answer: ___________________________________________________________________. Write trial proceedings of Afghanistan in order? Answer: ___________________________________________________________________. What is the condition for a case to be accepted by the Supreme Court? Answer: ___________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 26 Chapter 4 The Islamic Law Pre-Reading: Look at the diagram below and discuss the sources of Islamic law. Start the discussion with these questions: 1. What are the sources of Islamic Law? 2. What is the Hadith? 3. What are the sources of Islamic law other than the Quran and Hadith? Quran Hadith Islamic Law Ijma (Sharia) Qeyas USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 27 Reading Section: The Islamic Law There are four main sources in Islamic law, the Quran, Hadith, Ijma and Qeyas. The Quran is the major source of Islamic law. Islamic jurists first look at the Quran whenever they work on a case. If they cannot get enough guidance, secondly, they will search for more in the Hadith. Hadith is the collection of the Prophet Muhammad's sayings, actions and teachings. If the jurists can't get enough guidance from the Quran and the Hadith, then they will look after the Ijma. Ijma is the set of rules and regulations created by Muslim scholars. If after these sources have been checked and the jurists cannot get enough guidance, they will make a Qeyas. A Qeyas is the last source of the Islamic law in which the judges make a decision by comparing a case with an old case. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word 1 Source 2 Major 3 Meaning Used in a sentence The Quran is the major source of Islamic law. / ‫ﺰرگ‬ After the Quran, Hadith is the major source of Islamic law. Main ‫ا‬ Identity conflict is one of the main problems in Afghanistan. 4 Judge ‫ﺎ‬ It is very hard to become a judge in the United Sates. 5 Enough ‫ﺎ‬ 6 Compare ‫ﺮدن‬ ‫ﺪ‬ There are not enough female judges in Afghanistan. ‫ﺎ‬ Afghanistan is less developed when compared with India. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 28 7 Create ‫ﺮدن‬ Muslim scholars created the Ijma. 8 Solve ‫ﺮدن‬ Judges know how to solve legal problems. 9 Guidance ‫راه ﺎ‬ The Quran is the book of guidance from God in Islam. 10 Collection ‫ﻮ‬ A collection of sources make up Islamic law. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Conditional (if) Definition: "If" is a subordinating word used to present conditions. Example: If the judges can't get enough guidance from one source, they will look to another. Grammar Exercise: Now write a few sentences using if for presenting conditions. Keep the sentences in simple present tense. Notice that the second clause takes the future tense. Example: If Ali doesn't pay the money, he will go to jail. 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 29 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Hey! Good morning. Student 2: Good morning. What are you doing? Student 1: I am reading something about Islamic law. Student 2: Good. What is the major source of the Islamic law? Student 1: It is the Quran. Student 2: How many sources does Islamic law have? Student 1: It has four sources: the Quran, Hadith, Ijma and Qeyas. Student 2: What is the Hadith? Student 1: It is the collection of sayings, teachings and actions of the Prophet Muhammad. Student 2: What is the Ijma? Student 1: It is the rules or regulations which are created by Islamic scholars. Student 2: Do you know Qeyas too? Student 1: Yes, I do. Student 2: Wow! You know a lot about Islamic law. Student 1: Thank you. Student 2: You are welcome. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 30 Critical Discussion: Get a partner. Imagine you are judges working on the following case: A younger brother has killed his older brother. Find guidance from the following sources and write the below. The Quran Hadith 1. _____________________________ 2. _______________________________ _____________________________. _______________________________. Qeyas Ijma 3. _____________________________ 4. _______________________________ _____________________________. _______________________________. Homework: Define the following words: 1. The Quran: _______________________________________________________________ _____________________________________________________________________ ______________________________________________________. 2. Hadith: _______________________________________________________________ _____________________________________________________________________ _______________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 31 3. Ijma: _______________________________________________________________ _____________________________________________________________________ _________________________________________________________. 4. Qeyas: _______________________________________________________________ _____________________________________________________________________ _________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 32 Chapter 5 The Constitution of Afghanistan Pre-Reading: Look at the image below and guess what those people are doing. Ask your partner the following questions. 1. Who are the people in the picture? 2. What is the constitution? 3. How many representatives approved the current constitution? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 33 Reading Section: The Constitution of Afghanistan The constitution is the system of fundamental laws and principles of a nation. It prescribes the nature, functions and limits of a government. Afghanistan has a constitution. The most recent constitution of Afghanistan was approved in January 2004. It was approved by 500 representatives from across the country. The representatives included both men and women. It has 162 articles. Some of the key points in the constitution of Afghanistan are as follows: • It is a source of law in Afghanistan. • It protects the civil rights of all Afghan citizens. • No law shall be contrary to the beliefs and practices of Islam. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ﺎ ﻮن ا ﺎ‬ 1 Constitution 2 Fundamental 3 Prescribe 4 Nature 5 Approve ‫ﺮدن‬ 6 Representative ‫ﺎ ﺪ‬ Used in a sentence The constitution of Afghanistan was adopted in 2004. The government of Afghanistan has three fundamental branches. ‫ﺎد‬ The constitution prescribes the nature, functions and limits of a government. ‫ﺮدن‬ ‫ﺎه‬ The nature of democracy is freedom. ‫ﻮ‬ The constitution was approved by 500 representatives. The parliament members are the people's USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 34 representatives. 7 Key point 8 Contrary 9 Crime 10 ‫ﺪ‬ ‫ﺎت‬ ‫ﺎ‬ Recent The key point for this subject is the constitution. No laws in Afghanistan can be contrary to Sharia law. ‫ﺮم‬ Crime is an illegal action. ‫ﺎز‬ The most recent report of the United Nation shows that cultivation of narcotics in Afghanistan is growing. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Passive voice (object + be + third form of the verb) Definition: The passive voice is used to put emphasis on an action rather than the doer of the action. Examples: The constitution was approved. The president was impeached. Grammar Exercise: Use the following words and write sentences in the passive voice. Example: 1. (write)__________The constitution was written by the lawmakers.__________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 35 2. (approve)________________________________________________________________. 3. (protect)_________________________________________________________________. 4. (prescribe)_______________________________________________________________. 5. (sign)___________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Hello! I am Sara. Student 2: Nice to meet you, Sara. I am Muhit. Student 1: Nice to meet you too, Muhit. Do you work here? Student 2: Yes, I do. Student 1: What do you do? Student 2: I am a lawmaker. Student 1: Nice. Do you have a specific definition for the constitution? Student 2: Yes, I do. The constitution is the country’s system of fundamental laws and principles. It prescribes the nature, functions and limits of a government. Student 1: Thank you. Do you mind if I ask your nationality? Student 2: Not at all. I am from Afghanistan. Student 1: Wow… Afghanistan!!! Is it safe there now? Student 2: Well, there are security issues, but yes. Student 1: Does it have a constitution? Student 2: Yes, it does. Student 1: Can you tell me one of the key points of the constitution of your country? Student 2: For sure. It is that no laws are allowed to be contrary to Islamic law. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 36 Student 1: Interesting. Thank you for the information. Student 2: My pleasure. Critical Discussion: Get into different groups, and write down a few problems that you think the current constitution of Afghanistan has. Then, write the solutions for these problems. Finally, present your ideas to the class and have a critical discussion about the constitution. Solutions Problems 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ Homework: Write a short paragraph about the problems in the constitution of Afghanistan using your own ideas. Try to use the words first, second and third. Start your paragraph with topic and topic sentence below. Problems with the Constitution of Afghanistan From my perspective, the constitution of Afghanistan has three basic problems.___________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 37 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 38 Unit 2 Criminal Process in Afghanistan USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 39 Chapter 6 Crimes in Afghanistan Pre-Reading: With a partner, discuss the diagram below. Start your discussion with the following questions: 1. What is a crime? 2. What is the legal classification of crimes in Afghanistan? 3. Can you give an example of obscenity? Legal Classification of Crimes in Afghanistan Felony Misdemeanor Obscenity or Petty Offense USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 40 Reading Section: Crimes in Afghanistan A crime is an action prohibited by the laws of a sovereign government. It is an act deemed against the public good of society. There are three legal classifications of crimes in Afghanistan: a felony, a misdemeanor, and an obscenity. A felony is a punishable crime. Its punishment is three years or more in prison or capital punishment, as decided by a criminal court. Some examples of felonies in Afghanistan are murder and rape. A misdemeanor is a less serious punishable crime. Its punishment is three months to three years in prison or a cash fine of more than 3,000 Afghanis. A common misdemeanor in Afghanistan is theft. The third category of crime is an obscenity, or petty offense. An example of an obscenity is when a person says something sexual or threatening to another person. The petty offense is punishable by imprisonment from 24 hours to three months in prison or a cash fine of up to 3,000 Afghanis. Vocabulary: Review the vocabulary a few times, and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence 1 Prohibit ‫ﻮدن‬ Sharia law prohibits drinking wine. 2 Sovereign ‫ﺎ ا ﺪار‬ The United States has a sovereign government. 3 Deem ‫ﺮض ﺮدن‬ The judge deemed that the defendant was guilty. 4 Punishable ‫ﺰا‬ Murder is punishable by death. 5 Punishment ‫ﺰا‬ 7 Felony 8 Misdemeanor ‫ﺎ‬ Rape has a serious punishment. ‫ﺎ‬ ‫از ﺎ ﻮن‬ A felony is the most serious crime in Afghanistan. A misdemeanor is a less serious crime than a felony USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 41 in Afghanistan. 9 10 Obscenity ‫ﺎ‬ An obscenity is a petty offense which is not a serious crime. Petty offense ‫ﺮم ﻮ‬ Threatening someone is a petty offense. The punishment for a petty offense is 24 hours up to three months imprisonment. Imprisonment Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Possessive pronouns (my, our, your, their, her, his and its) Definition: There are seven possessive pronouns used to replace the nouns while being used as possessive subject in the sentences. Example: A felony is a serious crime in Afghanistan. Its punishment is three years or more in prison. Grammar Exercise: Now write some sentences using possessive pronouns. Example: A misdemeanor is a punishable crime. Its punishment is 3 months or more imprisonment. 1. (my)___________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 42 2. (your)___________________________________________________________________. 3. (our)___________________________________________________________________. 4. (their)___________________________________________________________________. 5. (her)___________________________________________________________________. 6. (his)___________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Hi Job! Do you know about Adam? Student 2: No, I don't. What is going on with him? Student 1: He committed a crime against his friend, Ahmad. Student 2: Really? What kind of crime? Student 1: It is an obscenity or petty offense. Student 2: Is it punishable? Student 1: Yes, it is. Its punishment is 24 hours to three months in prison or a cash fine up to 3,000 Afghanis. Student 2: It is sad. He was a nice guy. Why did he do that? Student 1: I don't know. Student 2: What is the most serious crime in this country? Student 1: It is a felony. Student 2: What is a felony? Student 1: Some examples of felonies in Afghanistan are murder or rape. Student 2: What is the punishment for a felony? Student 1: Its punishment is three years or more in prison or capital punishment. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 43 Student 2: Thank you for the information. Student 1: Sure. Critical Discussion: In groups of three, try to identify the category of each crime: felony, misdemeanor, obscenity or petty offense. Category Crimes 1. Kidnapping 1. _______________________________ 2. Robbing a citizen 2. _______________________________ 3. Adultery 3. _______________________________ 4. Suicide bombing 4. _______________________________ 5. Arson 5. _______________________________ 6. Bribery 6. _______________________________ 7. Abortion 7. _______________________________ 8. Stealing a laptop 8. _______________________________ 9. Calling the parliament a zoo 9. _______________________________ 10. Embezzlement 10. ______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 44 Research: Research making an arrest in Afghanistan; note the proper procedures. Then, start your paragraph with the topic sentence below. Arrest An arrest is the process of taking a person suspected of a crime into custody. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 45 Chapter 7 Arrest Pre-Reading: Look at the image below. With your partner discuss what you see in the picture. Start your discussion with the questions below. 1. What do you see in the picture? 2. Why are the hands locked up? 3. When are people arrested in Afghanistan? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 46 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 47 Reading Section: Arrest An arrest is the process of taking a person suspected of a crime into custody. It is usually carried out by an appointed law enforcement officer. An arrest can be classified as either a criminal arrest or a civil arrest. A criminal arrest is the first step in a series of legal actions. It is taken against a person suspected of committing a crime. It is to bring that person to court for judgment. A civil arrest is used to make an individual fulfill his or her legal obligation under the order of a court. A few certain privileged persons, such as representatives of foreign governments, cannot be arrested in either civil or criminal proceedings. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence A law enforcement officer has the authority to arrest a suspect. 1 Arrest ‫ﺮدن‬ ‫ﺎزدا‬ 2 Suspect ‫ﻮن‬ 3 Criminal Arrest 4 Civil Arrest 5 Series 6 Carry out ‫ا ﺎم ر ﺎ ﺪن‬ The punishment was carried out correctly. 7 Commit ‫ﺪن‬ A criminal is the person who commits a crime. The suspect was arrested. ‫ﺮ‬ ‫ﺎزدا‬ ‫ﺎزدا‬ ‫ﻮ‬ / Arresting a murderer is a criminal arrest. Arresting a person who doesn't fulfill his or her legal obligation in the court is a civil arrest. Rape is a crime committed against men and women. ‫ﺮ‬ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 48 8 Judgment 9 Fulfill 10 Privilege ‫دادر‬ ‫ﺮدن‬ ‫ ﺰ‬/‫ا ﺎز‬ A person not proven guilty must be freed. It is the court's judgment. Any person should fulfill her or his obligations while working in an international office. No one has the privilege to violate laws. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Either …… or Definition: A strictly limited choice or division between different options. Example: An arrest can be classified either a criminal arrest or a civil arrest. Grammar Exercise: Now write five sentences using the words either and or. Example: I have to either work everyday or quit my job. 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 49 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the conversation below with your partner. Try to keep the conversation lively. Student 1: Good morning officer. Student 2: Good morning! Student 1: How is it going? Student 2: Life is going pretty well. Student 1: Are you going to arrest somebody? Student 2: (Chuckle)… Do you think so? Student 1: I thought so the moment I saw you around. Student 2: It does not only mean someone will be arrested when you see a police officer around. Student 1: Oh, right. I am sorry. Student 2: No problem. It is okay. Student 1: Then, what are you doing here? Student 2: I am off duty now, visiting my friend. Student 1: Good. Student 2: Have a nice time. Student 1: Nice talking to you. Bye! Student 2: It was very nice talking to you. Bye! USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 50 Critical Discussion: Get into groups of three or four and discuss being arrested in Afghanistan. What are the current problems which enable criminals to go free? Then, write down the problems and the solutions. Solutions Problems 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ Homework: Please answer the questions below in complete sentences. What is an arrest? Answer: ___________________________________________________________________. What kinds of arrests are there? Answer: ___________________________________________________________________. Who can arrest a suspect? Answer: ___________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 51 What is a criminal arrest? Answer: ___________________________________________________________________. What is a civil arrest? Answer: ___________________________________________________________________. Does a judge arrest a suspect? Answer: ___________________________________________________________________. Who has the privilege of not being arrested? Answer: ___________________________________________________________________. Can a law enforcement officer arrest a minister? Answer: ___________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 52 Chapter 8 Proceedings before Trial Pre-Reading: Look at the diagram below and discuss the notes under each court. Start your discussion with questions below. 1. What is detention time? 2. Why do courts extend detention time? 3. How long can the Supreme Court extend the detention time? The Supreme Court Right to extend the detention time is five months Courts of Appeal Right to extend the detention time is two months Primary Courts Right to extend the detention time is two months USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 53 Reading Section: Proceedings before Trial The proceedings before a trial are part of the legal process of a case. It starts from the time of arrest until trial. Once a suspect is arrested, he or she can be detained for up to 72 hours by the police. During this time, the prosecutor must get enough evidence to prove that he or she should go to a pre-trial hearing. At the hearing, the judge will decide if there is enough evidence. If there is enough evidence, the trial will be scheduled. Once enough evidence is found to refer the suspect to the court, he or she is referred to the primary court. The primary court may renew the detention time for two months. The court of appeals can also extend the detention time for another two months if necessary. Finally, during the trial, the Supreme Court has the right to extend the detention time for another five months. However, if the detention time runs out before the court rules on the case, the accused should be released. During all this time – from the moment of arrest until proven guilty – the accused is considered innocent. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence ‫ﺮ ﺎن‬ ‫رو ﺪ‬/ The proceedings of the trial were carefully followed by both the prosecutor and the defendant. 1 Proceedings 2 Trial 3 Accused person ‫ﻬ‬ ‫ﺪ‬ 4 Detain ‫ﺮدن‬ ‫ ﺎ‬/ ‫ﺁز ﺎ‬ The trial started three weeks ago. An accused person may be either guilty or innocent. ‫ﻮ‬ The police have the right to detain a suspect for 24 hours. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 54 5 Refer ‫ﺮا‬ ‫ ﺮ ﺎدن‬/‫ﺮدن‬ After 24 hours an accused person will be referred to the court by the police. 6 Renew ‫ﺪ ﺪ ﺮدن‬ A law can be renewed with the approval of the parliament. 7 Detention 8 Extend ‫ﺪ ﺪ ﺮدن‬ The Supreme Court can extend the detention time of an accused person for five months. 9 Consider ‫ﺮدن‬ A person is considered innocent until proven guilty. 10 Innocent ‫ﺎ‬ An innocent person won't be kept in jail if the court finds him not guilty. ‫ﻮ‬/ The detention time for a suspect in the primary court is two months. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Modal auxiliary verbs (can, may, should and must) Definition: Modal auxiliary verbs provide meaning for the main verb. For example: ability, possibility, permission, obligation and advice. Example: I can work hard. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 55 Grammar Exercise: Now use the following modal auxiliaries in sentences. In pairs discuss the meaning of the sentence that you unite. Example: 1. (may)_________Ayoob may fly to the United States next year.____________________. 2. (can)___________________________________________________________________. 3. (might)_________________________________________________________________. 4. (must)__________________________________________________________________. 5. (should)_________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Excuse me. Can I talk to you for a little bit? Student 2: Sure. What can I do for you? Student 1: I am new to town. I am visiting my friend, but he has a problem now. Student 2: What kind of problem? Student 1: He is accused of murdering his roommate. Student 2: Is he in jail now? Student 1: Yes, he is, but I know him very well. He cannot be a murderer. Student 2: In any case, let me know if I can do anything for you. Student 1: Can you just tell me about the proceedings before the trial? Student 2: Yes, I can, but tell me, has he been charged for the crime yet? Student 1: No, not yet. He is still in the detention center. Student 2: Oh, right. I know how long the courts can extend the detention time. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 56 Student 1: Really? Can you tell me exactly about the primary court? How long does it have the right to extend the detention time? Student 2: Are you kidding me? Don’t you know I am a lawyer? Of course I can. The time is two months. Student 1: If all these courts cannot prove my friend guilty, then what? Student 2: Then, your friend is found innocent and he will be freed. Student 1: That is good news. Thank you so much. I feel much better. I am relieved! Student 2: My pleasure. Critical Discussion: Divide into groups of three or four people. Then, discuss the following statement: In Afghanistan, many criminals go free without a trial. Do you agree or disagree with the statement? In either case, write out the reasons and the solutions on the lines below. Reasons Solutions 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 57 Homework: Write out the process of arrest in Afghanistan. List all the phases of the arrest. The first phase is done for you. 1. The police see a crime. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. 6. ________________________________________________________________________. 7. ________________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 58 Chapter 9 The Trial Pre-Reading: Look at the diagram below and discuss the trial proceedings. Start your discussion with questions below. 1. What is a trial? 2. What is the first court in the trial proceedings? 3. Can a case be accepted by the Supreme Court directly from the police station? Trial Proceedings The Supreme Court Courts of Appeal Primary Courts USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 59 Reading Section: The Trial A trial is the legal proceeding of a case between a defendant and prosecutor or plaintiff. Trials are held within the Afghan judicial system in three phases. Initially, a person accused of a crime is tried in the primary court. If either the prosecutor or defendant does not agree with the verdict, he or she can appeal the decision to the court of appeals. If the court of appeals disagrees with the primary court verdict, another trial will take place. Again, if either the defendant or the prosecutor does not agree with the decision made at the court of appeals, due to some specified circumstances, the case will be taken to the Supreme Court. The Supreme Court either confirms the ruling of court of appeals or refers it back to the court of appeals for reconsideration. The ruling made by the Supreme Court is final in the trial proceedings. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ﺪ‬ 1 Defendant 2 Prosecutor 3 Competent Court ‫ح‬ 4 Phase 5 Verdict ‫ﺪ‬ ‫ﭘ ﺮد‬ The defendant is responsible for responding to the legal action of the plaintiff. In a legal action, the government acts as the prosecutor. The primary courts will initiate a case as a competent court in the provinces. ‫ذ‬ The primary courts are the first phase of the trial proceedings. ‫ﺮ‬ ‫ﺎوت‬ Used in a sentence / ‫ﻮا‬ The defendant can appeal to the Courts of Appeal if he or she is not happy with the ruling of the primary USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 60 court's verdict. / ‫وﮋ‬ /‫ﺎص‬ In some specific circumstances, a case will be accepted into the Supreme Court. ‫ﺮا‬ The circumstances of the crime are not clear yet. 6 Specific 7 Circumstances 8 Confirm / ‫ﺎ ﺪ ﺮدن‬ ‫ﺪ ﺮدن‬ The last testimony confirmed that the verdict was correct. 9 Rule / ‫ادار ﺮدن‬ ‫ﺮدن‬ ‫ﻮ‬ The judge ruled on the case. 10 Reconsider ‫ﺪﺪ ﺮ‬ ‫ﺮدن‬ The lawmakers must reconsider a few articles of the constitution. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Simple past tense Tense Simple Past Present USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 Future 61 Simple Past Tense Definition: Simple Past Tense shows an action which is happened in the past. Structure: (S) + (V) + ed or second from of the verb + (O) or …. Example: The Supreme Court resolved the dispute about the minister. Grammar Exercise: Now write ten sentences in the simple past tense using the words in the vocabulary section. One is done for you as example. Example: 1. ____________ The defendant appealed the case to the court of appeals.______________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. 6. ________________________________________________________________________. 7. ________________________________________________________________________. 8. ________________________________________________________________________. 9. ________________________________________________________________________. 10. ________________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Hello! Student 2: Hello! How are you doing? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 62 Student 1: I am well. How are you with work? Student 2: Work is fine, but very busy. Student 1: Do you have any new projects lately? Student 2: Yes, I do. I am handling a new case in the trial. Student 1: Who is your client, the defendant or the plaintiff? Student 2: My client is the plaintiff. Student 1: What happened to her? Student 2: She was raped by the defendant. Student 1: That's terrible. What is going to happen? Student 2: Now the case is in the primary court. Student 1: I think I don't know the trial proceedings. How does it go? Student 2: It is like stairs. The first step is the primary court, then the courts of appeal, and after all the cases will go to the Supreme Court. Student 1: Is it possible that to close a case in the primary court? Student 2: Maybe or maybe not; however, one of the parties can appeal the case to the higher courts. Student 1: I got it now. Thank you. Student 2: My pleasure. Critical Discussion: Get into groups of three of four. Then, discuss the condition or circumstance that a case will be taken to the Supreme Court. Note down your ideas on the lines below and present them to the class. Circumstances 1. __________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 63 2. __________________________________________________________ 3. __________________________________________________________ 4. __________________________________________________________ 5. __________________________________________________________ Research: Research the Supreme Court and try to find out the major cases that the court has heard in the past two years. The Supreme Court Cases in the Last Two Years 1. __________________________________________________________ 2. __________________________________________________________ 3. __________________________________________________________ 4. __________________________________________________________ 5. __________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 64 Chapter 10 Sentencing Options Pre-Reading: Look at the picture below and discuss what you see in it. Start your discussion with the following questions. 1. What do you see in the picture? 2. Where are they? 3. Why have they been locked up there? 4. What are detention centers and prisons like in Afghanistan? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 65 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 66 Reading Section: Sentencing Options Once a defendant's guilt has been determined, the defendant must be sentenced. The guilt is determined either by a judge's guilty verdict or by the entry of a guilty plea. Usually, in trials the judge imposes the sentence. It must be within the statutory limits set by the legislature for the crime in question. In Afghanistan, sentencing is based on the penal code and the constitution. Whenever there is no provision for cases either in the constitution or in the other official laws, the court's decisions will be in accordance with Hanafi jurisprudence. Still, the decision must be made within the constitution is limitations. Vocabulary: Study the vocabulary for a few times, and make sure that you pronounce each word correctly. Ask the teacher to help you with the pronunciation. No. Word Meaning Used in a sentence 1 Guilt ‫ ﺮم‬/ ‫ﺎ‬ A person will be sentenced according to his or her guilt. 2 Determine / ‫ﺪن‬ ‫ﺮدن‬ The courts try to determine the guilt of a suspect; then, they sentence him according to that guilt. 3 Sentence ‫ﻮم ﺮدن‬ A murderer can be sentenced to death. 4 Entry ‫ ﺮ‬/ 5 Plea 6 Impose ‫ﺮدن‬ The judge imposed a fine of 30,000 Afghanis on Ali. 7 Statutory ‫ﺎ ﻮن‬ Every new law should be according to the statutory ‫ﺛ‬ ‫داد ﻮا‬ / ‫ﺪا‬ One of the entries in the registration book at the Kabul jail shows that Ali was in jail last year. Ali’s plea in court was that he didn’t commit the crime. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 67 guidance. 8 Limit ‫ ﺪود‬/ ‫ﺪ‬ ‫ﺮدن‬ In the Islamic courts, the judge's authority is limited. 9 Accordance ‫ ﺮار‬/ ‫ﭘ ﺎن‬ Drinking is prohibited in accordance with Sharia law. 10 Jurisdiction ‫ﺎﺋ‬ The crime happened outside of this court’s jurisdiction. ‫ﻮز‬ Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Simple future tense Tense Simple Past Present Future Simple future tense Definition: Simple future tense shows an action that will happen in the future. Structure: (S) + will + (V) + (O) or …. Example: The judge will handle the case. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 68 Grammar Exercise: Now write a few sentences in simple future tense on the lines below. Example: The judge will solve this case next month. 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the conversation below with a partner. Student 1: Hello! Student 2: Hello! Do you want to talk to me? Student 1: Yes, I do. Do you have time for a short meeting? Student 2: Of course I do. Student 1: Let's sit here. Student 2: Okay, here we are. Student 1: Thank you for your time. I actually have some questions for you. Student 2: Yes? Student 1: I have a friend who has a case in the primary court now. So, I want to know a little about the sentencing options. Student 2: Did the court determine his or her guilt? Student 1: No, not yet. Student 2: What is the charge? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 69 Student 1: They say he robbed his cousin with a gun. Student 2: Oh, armed rubbery. That is a serious crime in Afghanistan. In fact, it is a felony. Student 1: Oh, what's the punishment for a felony in this country? Student 2: The minimum time in jail is three years. Student 1: I hope they find him not guilty. Anyway, thank you for your time. Student 2: No problem, anytime. Critical Discussion: In groups of three, try to identify the proper punishment for each crime through a critical discussion. If you don't know the answer, check the proper sources of law. Crimes Sentencing Options 1. Kidnapping 1. _______________________________ 2. Robbing a citizen 2. _______________________________ 3. Adultery 3. _______________________________ 4. Suicide bombing 4. _______________________________ 5. Arson 5. _______________________________ 6. Bribery 6. _______________________________ 7. Abortion 7. _______________________________ 8. Stealing a laptop 8. _______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 70 9. Calling the parliament a zoo 9. _______________________________ 10. Embezzlement 10. ______________________________ Homework: Read the following short case summary. Imagine that you are the judge in the case. What will be the verdict and what will be the proper punishment? The case before you is a civil case. The case involves two women who have started an NGO in Afghanistan. One of the women is an Afghan woman, and the other is from Holland. They started an NGO to publish a magazine about women in Afghanistan. During the past year, the woman from Holland went home and had a book published. She used some of the pictures from the NGO without the permission of her partner. The woman from Holland claims that this work was independent from the work of the NGO. The woman from Afghanistan wants to have half of the book’s rights. If you were the judge, what would you do? What questions would you need to ask? What are the issues that need to be settled? How would you solve this dispute? _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 71 Unit 3 Common Crimes in Afghanistan USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 72 Chapter 11 Domestic Violence Pre-Reading: Read the passage below and discuss it with a partner. Start your discussion with the following questions: 1. What is the rule of family in Afghanistan? in teaching sons and daughters 2. Do parents hit daughters as their sons and part of this training? Coaching Boys into Men 3. What is about this? The boys in your life need your time and energy. Your son, grandson, nephew, younger brother. The boys you teach, coach and mentor. All need you to help them grow into healthy young men. your opinion Boys are swamped with influences outside of the home – from friends, the neighborhood, television, the internet, music, the movies… everything they see around them. They hear all kinds of messages about what it means to “be a man” – that they have to be tough and in control. There are numerous conflicting and some harmful messages being given to boys about what constitutes “being a man” in a relationship. Boys need your advice on how to behave toward girls. Boys are watching how you and other men relate to women to figure out their own stance towards girls. So teach boys early, and teach them often, that there is no place for violence in a relationship USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 73 Reading Section: Domestic Violence Domestic violence comprises a variety of crimes. It includes assault, battery, rape and murder. The criminal and the victim of the crime have a very close relationship with each other in a domestic violence situation. They can be wife or husband, parents (father or mother), children, siblings (brother or sister), extended family members, and etc. While, the victims of the domestic violence include both men and women, the females are the main victims. In countries like Afghanistan, domestic violence is known as violence against women. In some countries like Afghanistan, domestic violence is seen as culturally acceptable, but is actually illegal. Recently in Afghanistan, the government has been trying to solve this problem. So, they are creating women’s shelters and are hiring more female police officers to do intake at the police station. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ﻮ ﻮ‬ ‫ﺎ ﻮاد‬ Used in a sentence 1 Domestic Violence Domestic violence happens between family members. 2 Variety 3 Criminal ‫ﺮم‬ A criminal is a person who commits a crime. 4 Assault ‫ﺮدن‬ Assault can be domestic violence. 5 Battery ‫ﺮب و ﺮح‬ Battery is a crime. 6 Rape 7 Murder There are a variety of reasons why domestic violence occurs. ‫ﺎوز‬ Rape is a serious crime in the United States. Murder is also referred to as homicide in legal terms. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 74 ‫ﺮﺎ‬ 8 Victim A lot of women are the victims of rape in Pakistan. 9 Crime ‫ﺮم‬ A crime is an illegal action. 10 Shelter ‫ﺮ‬ A shelter is a safe house for women and children escaping domestic violence. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Relative pronoun (who) Definition: “Who” is a relative pronoun connecting two clauses (sentences) and acts as a subject or object. Example: He is the man. He committed the crime. He is the man who committed the crime. Grammar Exercise: Now join the following sentence using the word who. Example: Ali is the boy. He looks like Tom Cruise. 1. _______________ Ali is the man who looks like Tom Cruise_______________________. Ahmad is the president. He came from the United States last year. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 75 2. ________________________________________________________________________. Nancy is the teacher. She has red hair. 3. ________________________________________________________________________. Mary is the boss. She tells everyone what to do. 4. ________________________________________________________________________. He is my friend. He is dancing at the wedding. 5. ________________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Good afternoon. Student 2: Good afternoon. How are you doing? Student 1: I am doing fine. What are you up to? Student 2: I am taking a break. Student 1: Here is an article about domestic violence. Student 2: Is it interesting? Student 1: Yes, it is a very interesting article. Student 2: What is the interesting part? Student 1: It says women are victims of domestic violence in Afghanistan. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 76 Student 2: It is sad. Student 1: Yes it is really sad. Student 2: Which crimes are included in domestic violence? Student 1: Domestic violence mostly includes crimes like assault and battery. Student 2: It is horrible. Anyway, thank you for the information. Student 1: Any time... I have got to go now. Bye. Student 2: Bye, and good luck. Critical Discussion: In group of three or four discuss domestic violence in Afghanistan and determine some of the reasons and solutions. Then, write them down on the lines below. Solutions Reasons 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 77 Homework: Write a short paragraph about domestic violence in Afghanistan. Follow the topic sentence below: Domestic Violence in Afghanistan In Afghanistan, domestic violence can be seen among some families. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 78 Chapter 12 Homicide Pre-Reading: Look at the image below and discuss it with your partner. Start your discussion with the following questions. 1. Can you describe the picture? 2. Describe what might have happened to the person? 3. What is the action called if someone kills another person? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 79 Reading Section: Homicide Criminal law explains homicide as an act of killing a human being either intentionally or unintentionally. Intentional homicide is considered a felony in Afghanistan. According to the penal code of Afghanistan, if a person commits a felony by killing another person intentionally, the murderer shall be sentenced to death. On the other hand, unintentional homicide is considered an act of murder by mistake or as a result of negligence, carelessness or nonobservance. It is punishable by imprisonment for a period of up to three years and a cash fine of 36,000 Afghanis. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ ﺁدم‬/ Used in a sentence 1 Homicide Homicide is a serious crime in Afghanistan. 2 Intentionally ‫ﺪ‬ 3 Unintentionally ‫ﺪ‬ 4 Murderer ‫ﺎ‬ A murderer is a killer. 5 Negligence ‫ﺮا ﻮش ﺎر‬ / Negligence can be one of the reasons for homicide. 6 Carelessness ‫ﭘﺮواﺋ‬ Carelessness is not good. It may cause you a lot of problems. 7 Nonobservance ‫ﺪم ر ﺎ‬ Nonobservance of the laws can send a person to jail. 8 Fine ‫ﺮ‬ A fine for an unintentional murder is 36,000 Afghanis. 9 Kill Killing someone intentionally is a felony. ‫ﺮ‬ He was killed unintentionally. If someone kills a person, he or she commits a USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 80 serious crime. 10 Result The crime occurred as a result of carelessness. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Questions (yes/no and information) Questions In this lesson we are going to study two different types of questions, the yes or no and information questions. Questions Simple or Yes / No Information 1. Yes/No This type of questions is asked with model auxiliary verbs such as can, to be verbs (is, am and are), to do verbs (does and do) or others, and is answered with yes or no. So, it is called yes or no questions Example: Can you speak English? Yes, I can. No, I can not. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 81 2. Information This type of questions is asked with informative words such as how, what, where, when, who and which and is answered with some information. So, these are called information questions. Example: How many brothers do you have? I have two brothers. Grammar Exercise: Now make some yes/no and information questions using the words below. Example: 1. (is)______________Is Ahmad at home?_______________________________________. 2. (what)__________________________________________________________________. 3. (would)_________________________________________________________________. 4. (am)____________________________________________________________________. 5. (where)_________________________________________________________________. 6. (can)__________________________________________________________________. Conversational Activities: Perform the below conversation with your partner. Student 1: Do you know where Ahmad is from? Student 2: He is from Afghanistan I guess. Student 1: Is Afghanistan safe now? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 82 Student 2: As Ahmad says, it is safer now. Student 1: I hear a lot of bad things. I guess a lot of crimes are going on there. Is it true? Student 2: I guess so. Student 1: A lot of killing. Student 2: Right, mostly homicide. Student 1: What is homicide? Student 2: It is murder which is a legal word that means killing someone intentionally or unintentionally. Student 1: How can killing someone unintentionally happen? Student 2: As you may know, a lot of people still have their pistols. So, it happens when friends play with those guns. Student 1: Oh, you are right. Student 2: I hope Ayoob helps his country and makes it a very secure one. Student 1: Me, too. Well, I have got to go. Bye! Student 2: Bye! Critical Discussion: Get into groups of three or four, and create murder stories. The teacher should assign each group to create the following stories: a case of negligence, a case of nonobservance and a case of carelessness. Each group will then present their story to the class. The class will decide which type of case it is. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 83 ___________________________________________________________________________ _____________________________. Homework: Write out the story that your group created in the space below. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 84 Chapter 13 Rape Pre-Reading: Look at the word below, and discuss it with your partner? Start your discussing with the following questions. 1. What does rape mean in Farsi? 2. How do people know a rape takes place in Afghanistan? 3. If a woman is a victim of rape, can she receive a fair trail in Afghanistan? Rape USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 85 Reading Section: Rape Rape is considered a felony in Afghanistan. According to the Afghanistan penal code, rape is defined as the act of violating another person's chastity by using violence, threats, or deceit. It means forcing someone to have sex with the offender. Rape is having sexual intercourse with someone against their will. It can occur when a man's or woman’s resistance is overcome either by force by the threat of death or serious bodily harm. For example, if someone puts a gun to your head and tells you to have sex with him, to save your life you consent. This is considered an act of rape. Sexual intercourse with a man or woman who is unconscious or intoxicated, drugged or mentally incompetent and incapable of granting consent also constitutes rape. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence 1 Rape ‫ﺎوز ﺮدن‬ Rape is a serious crime in Afghanistan. 2 Violate ‫ﺎوز ﺮدن‬ ‫ﺮدن‬ / If anyone violates the laws, he or she will go to jail. 3 Chastity ‫و‬ ‫ ﭘﺎ ﺪا‬/ 4 Deceit 5 Offender 6 Intercourse / ‫ﺮ‬ Rape is a crime against someone's chastity. If you lie about information in a contract, it is deceit. ‫ﺎوز‬ Offenders who commit rape are usually male. ‫ﺎ‬ Any sexual intercourse which doesn't have the USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 86 consent of both sides is considered rape. 7 Unconscious ‫ﻮد‬ ‫از ﻮد‬ 8 Intoxicate ‫ﺮدن‬ 9 Incompetent 10 Consent It is illegal to sleep with an intoxicated person. She tried to do the work but was incompetent because she had never gone to school. ‫ﺎ‬ / ‫ﺪن‬ ‫ﺮدن‬ Having sex with someone who is unconscious is a crime. ‫را‬ ‫ﻮا‬ If two people consent to have sex with each other, it is not considered rape. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Possessive ('s) Definition: 's shows possession of one thing to another or to a person. Example: According to the Afghanistan panel code, rape is defined as the act of violating another person's chastity by using violence, threats or deceit. Grammar Exercise: Write a few sentences using ('s). Example: The pen's color is black. 1. ________________________________________________________________________. 2. ________________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 87 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the conversation below with your partner. Student 1: Excuse me! Can I help you? Student 2: Yes, please. I am looking for my friend, John. Student 1: What is the crime that he committed? Student 2: He is accused of rape, but I am not sure if he did it. Student 1: I hope not, since it is considered a felony in Afghanistan. Student 2: Really? How is the law explained here? Student 1: According to the penal code of Afghanistan, rape is an act of violating another person's chastity by using violence, threats or deceit. Student 2: In any case, I am sure he didn't do this serious crime. Student 1: How do you know that? Student 2: I know my friend. He is a nice guy. Student 1: Maybe he didn't, but still we don't know exactly. Student 2: I disagree with you. Is it possible to visit my friend today? Student 1: Probably it is. Let me ask someone to call him for you. Student 2: Thank you so much. Student 1: Sure…. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 88 Case Study: In groups of three or four study the following case and discuss it with each other. Then, try to make a decision on it. Finally, each group will present their decision to the class. Don't forget to write down your decision on the lines below. A couple husband and wife were living together for almost seven years in Kabul. They were very happy with each other, but the situation was changed at night. The wife was a little upset with her husband; so that she didn't go to bed with her husband. Her husband tried to calm her off, yet he couldn't do that. He himself became angry and he threatened her to death and forced her to have sex with him. The next day she went to court and filed a case of rape against him. Now, they are in the third district court of Kabul. You, as the head of the court, what would you decide on the case. Take the following questions into consideration: 1. Can a husband rape his wife? 2. According to law in Afghanistan, can a husband be charged for raping his wife? 3. What is the punishment for rape in Afghanistan? 4. What are the conditions? _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 89 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________. Homework: Answer the following questions: What is rape? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________. How is rape defined in the penal code of Afghanistan? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________. When can a rape happen? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 90 Chapter 14 Adultery Pre-Reading: In pairs, read the definition below and discuss the following questions. 1. What do you think about the definition below? 2. What is the definition of adultery in Afghanistan? 3. Is adultery defined in Afghanistan Penal Code? If so, which article? 4. How is adultery proven in courts in Afghanistan? Although the definition of "adultery" differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 91 Reading Section: Adultery According to Afghan law, any married person who has sexual intercourse with another person, who is not his or her spouse, has committed adultery. Adultery is a serious crime in Islamic countries, but not in all countries in the world. In some countries, a single act of adultery is not commonly punished. However, people who repeatedly commit adultery or publicize adultery may be prosecuted. In any case, adultery is punishable in all Islamic countries under Sharia law. The punishment for adultery by a married person is more severe than the punishment for an unmarried person. For example, in Saudi Arabia, a married man or woman who has committed adultery will be stoned to death, but an unmarried man or woman will receive 70 Duras (lashes). While in many countries voluntary sexual intercourse between an unmarried man and an unmarried woman of over 18 does not constitute adultery, it is a crime of adultery in Afghanistan. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence ‫زﺎ‬ Adultery is a serious crime in Afghanistan. 1 Adultery 2 Sexual 3 Spouse 4 Commonly 5 Repeatedly ‫ﺮرًا‬ She repeatedly said no at the trial. 6 Publicize ‫ﺎت ﺮدن‬ Someone will go to jail if he or she publicizes an Sexual intercourse between a man and a woman who are not married to each other is adultery. ‫ه ﺮ‬ ‫ﻮر ﺎد‬ The man you saw was her spouse. His name is Abdul Karim, but he is commonly known as Karim. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 92 illegal action in Afghanistan. 7 Severe ‫ ﺪﺪ‬/ In adultery, the punishment for a married person is more severe than an unmarried one. 8 Stone ‫ﺎر ﺮدن‬ If a married person commits adultery, he or she will be stoned to death in some Islamic countries. 9 Death ‫ﺮگ‬ According to Sharia law, if someone kills a person intentionally, the punishment for him or her will be death. 10 Lash ‫ق‬ If an unmarried person commits adultery, he or she will be punished by 70 lashes. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Present perfect tense Tense Past Present Future Present continuous Present perfect USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 93 Present perfect tense Definition: Present perfect tense shows an action that has happened before, but the time is not made specific. Structure: (S) + have/has + 3rd form of the verb (3rd V) + (O) or …. Example: The court has taken the decision already. Grammar Exercise: Now write a few sentences in present perfect. Try to follow the structure above. Example: 1. __The judges have worked together on this case.________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the following conversation with a partner: Student 1: Hello! Can I talk to Ibrahim? Student 2: Sure, would you please tell me your name? Student 1: Sure. My name is Shawn. Student 2: Please, hold on a second……. Here you go. You can talk to Ibrahim now. He is on the phone. Student 1: Hello, Ibrahim. It is me. How is it going? Student 2: Hey, Shawn. I amwell. Good to hear your voice. Student 1: It is nice talking to you now. I haven't heard from you for a long time. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 94 Student 2: Yeah, it has been a long time. What can I do for you? Student 1: I was wondering if I can get some information from you regarding adultery. Student 2: Alright. Adultery is a crime in some Islamic countries, and is punishable. Its punishment is to be stoned to death for a married man or woman. Student 1: How about if someone is not married? Student 2: It is different, then. The punishment is 70 lashes in that case. Student 1: I see. That is good. My friend is unmarried and was found guilty of adultery. Student 2: Oh, that is too bad. I hope everything goes well. Anyhow, I have got to get back to work. You take care, bye! Student 1: Thank you so much. Take care and bye! Case Study: In groups of three or four, study the following case and discuss it with each other. Then, try to make a decision on it. Finally, each group will present the decision that they have made on the case to the class. Don't forget to write down your decision on the lines below. A girl and a boy fall in love with each other in Kabul. They want to get married. So, the boy asks his parents to go to the girl's house to ask for her hand. His parents refuse his suggestion, since they want him to marry his cousin. In the meantime, the girl's parents find out that their daughter and the boy have this relationship. They warn their daughter not to meet the boy anymore. However, because there is no hope left for them, they decide to meet somewhere secretly. They go to Paghman and rent a room. During the meeting they sleep with each other. After a few months, the girl's mom finds out that her daughter is pregnant. She guesses that her daughter slept with the boy. Therefore, she files a claim of adultery against the boy at the Kabul primary court. As judges, how would you decide on the case about both parties? Take the following questions into consideration: USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 95 1. What crime did they commit? 2. Should they going to be punished even if they want to get married? 3. Who will be considered guilty the boy, the girl or both? 4. What does Sharia law say about such a dispute? 5. What does the penal code of Afghanistan say about it? _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 96 ___________________________________________________________________________ ______________________________________________________. Homework: Answer the questions below in detail. What is adultery? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________. What is the punishment for a married person who commits adultery in Egypt and Kuwait? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ____________________________________________. What is the punishment for an unmarried person who commits adultery in some Islamic countries? Answer: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 97 Chapter 15 Abortion Pre-Reading: With a partner discuss the crimes below and rink them in order of seriousness. 1. What is the most serious crime among crimes below? 2. Which crime has the most negative impact in the society? 3. Is abortion a felony or misdemeanor in Afghanistan? • Theft • Adultery • Robbery • Abortion USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 98 Reading Section: Abortion Abortion is the intentional termination of a pregnancy before birth. It results in the death of an unborn baby, called a fetus. Some pregnancies fail because the fetus does not develop normally or because the mother has an injury or a physical disorder. This physical disorder or injury prevents her from carrying the pregnancy to term. Whenever this happens, the failed pregnancy is known as a miscarriage. Sometimes abortions are necessary because the pregnancy presents a risk to a woman’s health or because the fetus is likely to have severe physical or mental health problems. However, any intentional abortion is considered a crime in Afghanistan. It is punishable by law, provided that it is not deemed necessary by a physician to save the life of the mother. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ا ﺪاز‬ Used in a sentence 1 Abortion 2 Termination 3 Pregnancy 4 Unborn ‫ﺪ‬ 5 Risk ‫ﺮ‬ Abortion is risky for a pregnant woman and she can lose her life. 6 Develop / ‫دادن‬ ‫ﻮ‬ ‫ﭘﺮورش دادن‬ This course will develop the English skills of the judges ‫ ﭘﺎ ﺎن‬/ ‫ده‬ Abortion is not common in Afghanistan. The termination of a pregnancy is generally against Sharia law. ‫ﺎ‬ The termination of a pregnancy is called abortion. ‫ه ﻮز زاد‬ She is seven months pregnant, so the baby is unborn. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 99 7 Injury 8 Disorder 9 Prevent 10 Miscarriage ‫ﺎ ﺪ‬ ‫ا‬ / ‫ﺎ‬ ‫ﻮ ﺮ ﺮدن‬ ‫ ﺎ ﺪن‬/ The plaintiff had a serious injury and that is why she sued him. The judicial system of Afghanistan is still in disorder. A good law will prevent a crime. Miscarriage is the term used for a failed pregnancy. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Obligation, (have to and has to) Definition: Have to and has to are used to establish obligation. Example: I have to work all day long today. Grammar Exercise: Now write five sentences using have to and has to. Example: She has to go to school everyday. 1. ________________________________________________________________________. 2. ________________________________________________________________________. 3. ________________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 100 4. ________________________________________________________________________. 5. ________________________________________________________________________. Conversational Activities: Practice the following conversation with a partner: Student 1: Hi Karim! Student 2: Hi Ahmad. How is your wife? Student 1: She is fine now. She had an operation last night. Student 2: How did it go? Student 1: The operation was successful, thank God Student 2: Great. Is she at home now? Student 1: Yes, she is. I took her home this morning. Student 2: I really don’t know what was the problem? Student 1: She had a little problem with her unborn baby. The doctors warned her that she may not be able to give birth to the baby. It would kill her if we waited. Student 2: Oh, I see. It was an abortion, then. I think it is illegal here in Afghanistan. Did the doctors ask you to sign a paper for them? Student 1: Yes, they did. They were not ready to operate on her until I signed a paper that I agreed with the operation. Student 2: That is the procedure. They will never perform an abortion until they make sure that the husband is fine with it. Anyway, I am happy that she is fine. Student 1: Thank you Student 2: Sure….. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 101 Case Study: Get into groups of three or four, and read the story below. As a group of judges, decide on the case. Then, each group should present their decision to the class. The class will listen to all the decisions and pick the correct one. Each group must write its own decision on the lines provided below. There is a woman living in Kart-e-Parwan. She is the mother of 12 children. Now, she is pregnant to have her 13th child. She feels really unwell. She thinks she may die if she gives birth to her unborn baby. Therefore, she decides to have abortion. She doesn't want her husband to know the situation, since he won't let her do that. Therefore, she asks her best friend—a woman next door—to help her out with this problem. Her friend takes her to the doctor for abortion. The doctor terminates her pregnancy. After five months, the situation gets worse between her and her friend due to an argument. So, her friend tells the whole story to her husband. Now, her husband is angry and brings a legal action against her to the second district court of Kabul. As judges of Afghanistan, what would you decide on the case? Take the following question into consideration: 1. Did she commit a crime? 2. What crime did she commit? 3. What is the category of crime that she committed? 4. What about her friend? Did she also commit a crime by helping her? _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 102 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________________. Homework: Write a paragraph using your own opinion on abortion. What do you personally think about it? As a lawmaker what would you suggest on the matter? Abortion _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 103 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 104 Chapter 16 Robbery Pre-Reading: Look at the picture below, and discuss the content of it. Start your discussion with the questions below: 1. What do you see in the picture? 2. Why does he have a gun in his hand and is pointing it towards another person? 3. If he uses the gun to steal someone's belongings, what kind of crime is he committing? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 105 Reading Section: Robbery Robbery is a felony under criminal law in Afghanistan. It consists of the unlawful taking of property belonging to another person by use of violence or intimidation. It means frightening or threatening someone in order to persuade them to do something that you want. According to the law in Afghanistan, any person who is at a public place for the purpose of seizing other people’s property with a weapon or similar object is guilty of robbery. Robbery includes one of the following: a) extortion of a traveler, b) acquiring another person's goods by threat or c) murder and acquisition of another person's goods. Robbery is different from larceny and theft, since these do not involve violence and resistance. Also, pick-pocketing is not considered an act of robbery since it doesn't involve the use of threat, violence or intimidation. Vocabulary: Review the vocabulary and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence 1 Involve ‫وارد ﺮدن‬ Our office does not involve training police. 2 Consist ‫ﺎرت ﻮدن از‬ Our program consists of the following activities: training the judges, stage students and Taqnin. 3 Unlawful ‫ ﺮ‬/ ‫ﺎ ﺮوع‬ ‫ ﺮام‬/ ‫ﺎ ﻮن‬ It is unlawful if you grab state-owned land. 4 Extortion ‫ا ﺬ ﺰور‬ Robbery is basically the extortion of someone's belongings. 5 Acquisition ‫ﺎ‬ Ahmad has acquisition of this house, next to our office. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 106 6 Intimidation ‫ار ﺎب‬ It is unlawful if someone convinces another person to sell his or her car to him by intimidation. 7 Frighten ‫ﺮ ﺎ ﺪن‬ Frightening someone to give you some money is robbery. 8 Persuade / ‫ﺮدن‬ ‫ﺮ‬ ‫وادار ﺮدن‬ He persuaded Ahmad to work with this project. 9 Seize ‫ﺮف در‬ ‫ ﻮ‬/ ‫ﺁوردن‬ ‫ﺮدن‬ The police seized the criminal who stole our shop. 10 Larceny ‫ دزد‬/ ‫ﺮ‬ If someone breaks into another person's house, he has committed the crime of larceny. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Gerund (verb + ing) Definition: Gerund is a verb's action noun. It makes nouns out of verbs by putting "ing" at the end of verbs. Example: Studying is the only way to get more knowledge. Grammar Exercise: Now change the following verbs into nouns by putting "ing" at the end of them. Example: USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 107 1. (work)__________Working here is fun.____________________________. 2. (play)___________________________________________________________________. 3. (watch)__________________________________________________________________. 4. (write)__________________________________________________________________. 5. (take)___________________________________________________________________. Conversational Activities: Practice the following conversation with a partner: Student 1: Hello, is this the police station? Student 2: Yes, it is. What is wrong? Can you give us your address? Student 1: I am in front of house # 2, on the 15th street of Wazir Akbar Khan. Student 2: Okay, we will be there in a minute. After 3 minutes Student 2: Hello, officer! Student 1: Hi, what was wrong? Student 2: I was on my way home. Someone put a gun to my head and forced me to give him all my money. Student 1: You mean he intimidated you? What was he wearing?? Student 2: He had his face covered, and a blue jacket on, but I can't remember anything else since I was so frightened. Student 1: Please fill out this form; we will call you when we arrest the criminal. He committed the crime of armed robbery. It is considered a felony in Afghanistan. Student 2: Okay, hope you catch him. He took all of my money. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 108 Case Study: Get into groups of three or four and read the story below. As a group of judges, decide on the case. Then, each group should present their decision to the class. The class will listen to all the decisions and pick the correct one. Each group should remember to write its decision on the lines below. In a village in Helmand province, Shah Gul broke into Dinar Khan's house with a gun in his hand at 2 am and robbed the house. While he was robbing the house, he warned everyone not to move and give him whatever they had. Shah Gul's face was covered, but somehow from the voice, Dinar Khan recognized him. A few days passed, and Dinar Khan didn't go to the police station or court to file a legal to action against Shah Gul. He thought he didn't have enough evidence to prove that Shah Gul had really robbed his house. Therefore, he decided to rob Shah Gul's house, instead of going to court. So, the other day he broke into Shah Gul's house and robbed him. Somehow, Shah Gul recognized Dinar Khan. Unlike Dinar Khan, Shah Gul filed a claim against Dinar Khan to the Helmand central provincial primary court. Now, in the court the story is clear that both parties robbed each other's houses. As judges what would you decide on this case? 1. Would you find Shah Gul guilty or Dinar Khan? 2. Would you consider both as criminals who committed a crime against each other? 2. How does Sharia law apply to the case? _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 109 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ________________________________. Homework: Write a Hadith that describes the robbery. Hadith on Robbery _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 110 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 111 Chapter 17 Drug-Trafficking Pre-Reading: Look at the picture below, and discuss the contest of it. Start your discussion with questions below: 1. What is in the picture? 2. What is the sap coming out of the bulb? 3. Is drug-trafficking illegal in Afghanistan? 4. Can it b stopped? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 112 Reading Section: Drug-Trafficking Drug-trafficking is considered a serious crime in most countries of the world. The import, export, sale, distribution and cultivation of illicit drugs are forbidden and are punishable by law. Afghanistan also has tough laws to fight drug cultivation, trafficking and distribution. For example, the constitution of Afghanistan prohibits the production and smuggling of narcotics. In addition, other basic laws in Afghanistan forbid, holding equipment used for producing illicit drugs. Moreover, laws of the government of Afghanistan prohibit the production, manufacture, distribution and possession of narcotics. Heroin, morphine, cocaine and any mixture containing these substances are examples of the narcotics. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence ‫ﺎ‬ Afghanistan manufactures almost all the world's poppies. ‫ﻮ‬ ‫ﺮ‬ The mixture included cocaine and morphine. Distribution ‫ ﭘ‬/ ‫ﻮز‬ Distribution of narcotics is illegal in almost the whole world. 4 Cultivation ‫ زرا‬/ Even though cultivation of narcotics is illegal in Afghanistan, the farmers cultivate it. 5 Illicit 1 Manufacture 2 Mixture 3 / / ‫ﺎ ﺎق‬ ‫ﺎ ﺮوع‬ Selling of illicit drugs is unlawful in Afghanistan. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 113 ‫ﺮدن‬ 6 Forbid It is forbidden to smoke at the office. 7 Tough 8 Smuggle ‫ﺎ ﺎق ﺮدن‬ The smuggling of illicit drugs is a serious crime in Iran. 9 Narcotic ‫ﺪر‬ People addicted to narcotics cannot concentrate on their daily life. 10 Substance /‫ﺪﺪ‬ / ‫ﺎد‬ It is tough to cross that high mountain on foot. The sap coming out of the bulb is the substance that becomes the narcotics. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Transitional words or phrases (in addition, moreover, however and therefore) Definition: Transitional words and phrases show connections between ideas in between sentences and paragraphs. Example: I work for ARoLP. In addition, I have some assignments with Kabul University. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 114 Grammar Exercise: Now rewrite the paragraph below, and use the following transitional words or phrases to connect ideas in the paragraph: however, therefore, moreover and in addition. Reasons for Conflict in Afghanistan Afghanistan is in a state of conflict. This paragraph will investigate two of the major reasons for persistent conflict in Afghanistan. First, we should start with the location of Afghanistan. Afghanistan has a strategic location. Its location is very important in Asia. It connects south to the north, and north to the south. It is higher than other locations in the region. Great powers have always tried to have their influence in Afghanistan. For example, from 1800 up to 1919 the British empire controlled the governmental affairs of Afghanistan. After that, the Soviet Union took control of Afghanistan. Because of its location, there has always been strong competition by foreign powers to control Afghanistan. Second, there is a large diversity of tribesReasons in Afghanistan. Theseintribes do not get along with each for Fighting Afghanistan other for many reasons. They fight over power for supremacy. This separation of tribes makes it easy for foreign powers to take control of the land and leads to conflict. These are the two major reasons for conflict in Afghanistan. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 115 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________. Conversational Activities: Practice the following conversation with a partner: Student 1: Hey, you know what? Student 2: What? Student 1: There is a new ministry to fight against narcotics. Student 2: Oh, really. That is interesting. Why was it created? Student 1: I guess it was created because there is too much cultivation of narcotics. Student 2: Do you know what country produces most of the world's narcotics? Student 1: Yes, I do. Do you think the ministry can be effective? Student 2: Sure, but they would have to provide now employment for farmers. Student 1: You are right. Anyway, that is interesting news for me, so I thought I would share with you. Student 2: Thank you so much. That was very nice of you. Student 1: You are welcome. Student 2: See you later! Student 1: See you later, bye! USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 116 Critical Discussion: In groups of three or four, have a critical discussion about drug-trafficking in Afghanistan. After that, write down on the lines below the reasons why Afghanistan is producing most of the world's narcotics and the solutions for this problem. Make sure that you make a paragraph out of your own ideas. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 117 Homework: Assume that you are writing a letter to the president of Afghanistan, providing her/him with information about reasons for fighting over Afghanistan. In your own words, using following transitional words or phrases: in addition, therefore, however, nevertheless and thus to connect you ideas, write such a letter. Dear president, _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 118 Chapter 18 Kidnapping Pre-Reading: Look at the word below, and discuss it with your partner. Start your discussion with the questions below: 1. What does the word kidnapping mean in Farsi? 2. Why do kidnappings occur in Afghanistan? 3. Is kidnapping a punishable crime? If so, what is the punishment? Kidnapping USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 119 Reading Section: Kidnapping According to criminal law, kidnapping is an offense that involves taking away a person against his or her will, either by force, fraud or intimidation. Kidnapping often involves asking for money or a ransom in return for releasing the abducted person. Kidnapping is seen as an act of terrorism by many countries in the world. According to the law in Afghanistan, kidnapping by an organized criminal organization is considered a criminal act against internal and external security and is subject to an open trial by the criminal courts against national and foreign security. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence ‫ﺎف‬ Kidnapping is considered a felony in Afghanistan. ‫ا‬ 1 Kidnapping 2 Offense 3 Fraud 4 Ransom / ‫ﻮن ﻬﺎ‬ ‫ﺰ‬ They kidnapped him in order to ask for ransom. 5 Release ‫رهﺎ ﺮدن‬ They won't release her until they receive the money. ‫ ﺎ ﻮن‬/ ‫ﺎ‬ / / Offense is a term used for an illegal action. ‫ﺮ‬ Fraud is an offense that under common law principles is difficult to prove. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 120 ‫ﺁدم دزد ﺪن‬ 6 Abduct The abducted person was released last week. 7 Act 8 Organize ‫ﺎز ﺎن دادن‬ 9 Internal ‫دا‬ It was an internal issue that they were talking about. 10 External ‫ﺎر‬ Afghanistan needs more external support. Kidnapping is an illegal act committed kidnappers. She organizes everything in this office. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Adjective passives (verb + ed or participle form of the verb = adjective) Definition: Adjective passives are not true passives. They are used productively to create participial adjectives. Example: Abducted person Grammar Exercise: Now change the following verbs into adjectives. Then, use them in sentences. One is done as example for you. Example: 1. (organize)____Organized criminal organizations usually kidnap people.______________. 2. (release)_________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 121 3. (consider)________________________________________________________________. 4. (deem)__________________________________________________________________. 5. (write)__________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 122 Conversational Activities: Practice the following conversation with a partner: Student 1: Hey, Josef! Did you watch the news? Student 2: No, I didn't. Did you? Student 1: Yes, I did. Student 2: What was new? Student 1: The abducted Koreans were released. Student 2: What is that? I didn't know about this. When were they kidnapped? Student 1: Oh, it seems you are living in your own world. Don't you read the news? Student 2: That is right. I do live in my own world. Student 1: Some Koreans were kidnapped by the Taliban last month. Student 2: huh… Student 1: Last week the Korean government got them released by negotiating with the Taliban. Student 2: Oh, that is good news. The Korean government did a good job. Student 1: Yes, it did. Student 2: Let's hope it doesn’t happen in the future again. Student 1: Yes, I hope not either. Student 2: Hey, I have got to go. Nice seeing you. Bye! Student 1: Bye! USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 123 Critical Discussion: In groups of three or four have a critical discussion on kidnapping in Afghanistan and try to find out the reasons why kidnapping is occurring in this country? Then, each group will present their ideas about kidnapping in Afghanistan to the class. After this, the class will agree or disagree with some of the reasons that each group has utilized. The class will find solutions for how to prevent or decrease kidnapping in Afghanistan. Write down both reasons and solutions below. Reasons Solutions 1. _____________________________ 1. _______________________________ 2. _____________________________ 2. _______________________________ 3. _____________________________ 3. _______________________________ 4. _____________________________ 4. _______________________________ 5. _____________________________ 5. _______________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 124 Research: Research and find out the punishment of kidnapping in accordance with Sharia law and penal code of Afghanistan. After this, write it down on the lines below. Punishment for Kidnapping in the Sharia Law and penal code of Afghanistan _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _______________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 125 Chapter 19 Assault and Battery Pre-Reading: Look at the picture below and discuss the content. Start your discussion with the questions below: 1. What do you see in picture below? 2. Does the picture show assault and battery? Why or why not? 3. When you hear the words assault and battery, what comes to your mind? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 126 USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 127 Reading Section: Assault and Battery According to criminal law of Afghanistan, assault and battery means the unlawful physical attack on another person that results in injuries. Verbal threats that do not result in an injury do not constitute assault and battery. Battery is when the victim receives injuries and lacerations. A person who intentionally beats another person, resulting in any cuts or injuries to the victim has committed assault and battery. Assault and battery is a criminal act under Afghanistan’s penal code and is punishable by imprisonment, compensation and a cash fine. If the victim is permanently handicapped or is deprived of one of his senses, such as sight, the offender shall be sentenced to a medium prison sentence of not less than three years, in addition to paying compensation. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning ‫ﺎوز ﺎ‬ Used in a sentence 1 Assault ‫ﺮدن‬ Assault is a crime in which the offender physically attacks the victims and leaves injuries or lacerations. 2 Battery ‫ﺮب ﺮح‬ Battery is an illegal action. 3 Verbal A verbal threat is not the same as a physical threat. 4 Attack The Taliban attack government and international organizations all the time. 5 Constitute 6 Laceration 7 Beat ‫دادن‬ Killing some intentionally constitutes murder. ‫ﭘﺎر‬ ‫زدن‬ If she has a laceration, she can sue him. He beats his little brother often. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 128 8 Compensation ‫ ﺎوان‬/ ‫ﺮان‬ For a crime of assault and battery, the compensation is 2,000 to 3,000 Afghanis. 9 Handicapped ‫ﻮل‬ He became handicapped since he lost his leg in a battle. 10 Deprive ‫ﺮ ﺮدن‬ When he was kidnapped, he was deprived of food for five days. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Adverb of manner; (Intentionally, physically and permanently) Definition: Adverb is a part of speech that modifies verbs and adjectives, but not nouns. Adverbs of manner are often derived from adjectives by putting the suffix "ly", for example: hardly Structure: adjective + ly = adverb Example: He works quickly. Grammar Exercise: Now make the five adjectives into advers and use them in the sentences. The first one is done as an example for you. Example: 1. (nice)__Nicely___________The story was written nicely.__________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 129 2. (beautiful)________________________________________________________________. 3. (sweet)__________________________________________________________________. 4. (soft)____________________________________________________________________. 5. (different)________________________________________________________________. 6. (wise)___________________________________________________________________. Conversational Activities: Practice the following conversation with a partner: Student 1: Hello Karim, how is it going? Student 2: It is going well, and you? Student 1: Not bad, but I had a tough night last night. Student 2: What was wrong? Student 1: I was at the office when my sister-in-law called me. She said a policeman shot one of our next-door neighbors. Student 2: Oh that is horrible! Okay, what happened then? Student 1: I drove to the police station to get my nephew, since he was the cause of this problem. Student 2: Really, what did he do? Student 1: Somehow, he questioned a policeman about entering a building without permission. Student 2: Then why did the policeman shoot your next door neighbor? Student 1: Well, when my nephew questioned the policeman, the policeman slapped him, and then our next-door neighbor went to help my nephew. Student 2: I see. It is getting harder to live in Afghanistan with all these weapons around. Student 1: Yes, it is very hard. I could hardly get my nephew out of jail. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 130 Student 2: Anyway, that was good that you could get your nephew out of jail. Student 1: Thank you. Student 2: See you later! Bye! Case Study: In groups of three or four read the case below and as judges make a decision on it. Then, present your decision to the class and let the class pick the correct decision among the decision that each has created. After this, write your decision on the lines below. In an area of Kabul where squatters live, a policeman went to stop one of them from building another part of his illegally built house. He took that person to the police station and came back to that area for another errand. On his way back, a 16 year old boy stopped and asked him why he had gone into another person's house without knocking on his door for permission. The policeman didn't say anything, but slapped his face. A few meters away from them, a son and a father were sitting under the sun and saw the policeman beat the boy. The father sent his son to stop the policeman from doing such an act. After that, the son tried to grab the policeman's hand to bring him to his dad. However, the policeman ran away and came back with a gun in his hand and shot the man's son. Now, they are in the court. As judges, how would you resolve this dispute? Take the following question into consideration: 1. What kind of crime do you think this was? 2. Who would you find guilty? 3. Do you think the policeman or the 16 year old boy is guilty? Are they both guilty? 4. What would be your judgment for that son and father? 5. What would be the punishment be for either side that you find guilty? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 131 _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________. Homework: Think of a story you have heard that involves assault and battery. Then, write it below and be prepared to tell your story to the class in the next lesson. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ______________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 132 Chapter 20 Bribery Pre-Reading: Look at the picture below, and discuss the content of it. Start your discussion with questions below: 1. What is being given under the table? 2. Why are they giving money to each other under the table? 3. Is it illegal if someone puts the money on the table when he or she settled a contract? USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 133 Reading Section: Bribery According to criminal law, bribery is illegally paying money or giving anything of value in exchange for something. It is a form of corruption that can paralyze the lawmaking system in a country. Therefore, the Islamic Republic of Afghanistan has adopted strict laws against bribery. According to laws in Afghanistan, bribery is considered a criminal act against the public interest. A payer of a bribe, recipient of a bribe and intermediary are equally responsible in a bribery case. For example, if a judge asks for a bribe from a client, and is paid through a third party, all three parties would be considered as guilty. They all have committed bribery and will be punished equally. Vocabulary: Review the vocabulary a few times and make sure that you pronounce each word correctly. Ask the teacher to help you with pronunciation. No. Word Meaning Used in a sentence 1 Bribery ‫ر ﻮ‬ Bribery is an unlawful action. 2 Power ‫ﺪرت‬ He has the power to get out of jail the next day. 3 Value ‫ﺎ ارزش‬ Time has a lot of value if you notice. 4 Corruption ‫ر ﻮت‬ Corruption has a negative affect on growth. 5 Paralyze 6 Strict The Afghanistan Rule of Law Project has strict security. 7 Interest It is in the interest of our country to become united. ‫از ﺎرا ﺪا‬ Corruption paralyzes the process of growth in a country. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 134 8 Payer of a bribe ‫ر ﻮ ده ﺪ‬ A payer of a bribe is the person who gives money to an official in order to get his or her work done. 9 Recipient of a bribe ‫ﺮﺪ‬ The recipient of a bribe is often an official who does the work for the payer. Intermediary ‫ه ﺎر‬ ‫ﺎن ر ﻮ‬ ‫ده ﺪ و رو ﻮ‬ ‫ﺮﺪ‬ 10 ‫ر ﻮ‬ An intermediary is a person who works as a middleperson between the payer of a bribe and the recipient of a bribe. Spelling Exercise: Your teacher will say a word. Then, you write the word on the lines below. 1. _____________________________ 2. _______________________________ 3. _____________________________ 4. _______________________________ 5. _____________________________ 6. _______________________________ 7. _____________________________ 8. _______________________________ 9. _____________________________ 10. ______________________________ Grammar Section: Suffix "er" (verb + er = noun) Definition: "er" is a suffix used at the end of a verb, and changes the verb into noun. Example: Play + er = player - He is a good soccer player. Grammar Exercise: Now change the following verbs into nouns by adding suffix "er", and use them in sentences. One is done as example for you. Example: 1. (write)__writer________ He a great writer._____________________________________. 2. (walk)__________________________________________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 135 3. (teach)__________________________________________________________________. 4. (learn)__________________________________________________________________. 5. (train)___________________________________________________________________. 6. (work)__________________________________________________________________. Conversational Activities: Perform the following conversation with a partner. Don't forget to keep the conversation alive. Student 1: Hello! Good morning! Student 2: Hi! Are you still coming to the Supreme Court? Student 1: Yes, I am. Student 2: How is your case? Any progress? Student 1: It is very hard to file a claim here in Afghanistan. It is all about money. Everyone bribes in order to win a case. I don't know how they do it. I am very tired of going back and forth. Student 2: You are right. I think you may also have to bribe if you don't want to waste your time. Student 1: But I don't know how to bribe. Do you know Karim? He has control over my case. Student 2: Yes, I know him. I think I can help you in this regard. Student 1: So, what can you do for me? Can you ask him if he wants a bribe? Student 2: You know what? Bribery is a serious crime in Afghanistan. We should be very careful. Student 1: Okay, I will be very careful. I am not sure if it is going to be a crime for us. It is a crime for a governmental employee who gets bribes, but we are not governmental employees. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 136 Student 2: Wrong! Bribery is a crime in which the payer of a bribe, recipient of a bribe and intermediary are equally responsible for the crime. Student 1: Oh no, I am not going to do it then. Student 2: Alright. It is up to you. Student 1: Thank you. Student 2: You are welcome. I think you made a good decision. Critical Discussion: Get into groups of three or four and brainstorm the major reasons for bribery in Afghanistan. After you have created a list, prioritize them in an order of the most important to the least important. One is done as an example for you. Reasons 1. ___Low governmental salaries____ 2. _____________________________ 3. _____________________________ 4. _____________________________ 5. _____________________________ 6. _____________________________ 7. _____________________________ 8. _____________________________ USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 137 9. _____________________________ 10. _____________________________ Homework: Write a paragraph that discusses possible solutions for bribery in Afghanistan. Try to focus on two or three solutions, not more. _____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________. USAID funded Afghanistan Rule of Law Project, Legal English – Level 2 138