MODALS
There are the following modal verbs in English:
| MODALS | EQUIVALENTS |
| MUST | HAVE TO; BE TO |
| CAN (COULD) | BE ABLE TO |
| MAY (MIGHT) | BE ALLOWED TO |
| SHOULD | HAD BETTER |
| OUGHT TO | |
| NEED |
Modals have the following peculiarities:
1. can express ability, obligation, permission, request; also the idea of probability, or how certain a situation is, but not the action;
2. modals unlike their equivalents lack the tense forms;
3. their interrogative and negative forms are built up without the auxiliary;
4. different meanings may be associated with different forms of the infinitive – simple and perfect (both in the active and passive forms), continuous and perfect continuous;
5. modals unlike their equivalents and except ought are followed by the infinitive without the particle to.
The meaning of modals depends on the context. One modal verb can have several meanings depending on their function, or purpose.
• ABILITY
Can and be able to. Be able to is used in situations where can does not have the necessary grammatical form.
I’d like to be able to swim. Not being able to swim is annoying.
• CERTAINTY AND UNCERTAINTY
1. Must and can’t. These are used to make deductions, when we are more or less certain about something, especially with the verb to be.
You must be tired after your journey. (I suppose you are)
That can’t be Sue. She is in Brazil. (I’m sure it’s impossible)
2. May, might and could. These all express uncertainty or possibility.
They are usually stressed in speech. Might is less likely than may. Could is not used with not in this context.
It may not rain. I might go out, I don’t know. I could get wet!
• OBLIGATION
1. Must and have to. Have to describes obligations made by someone else, while must is used to describe a personal obligation. There may be no difference.
You must start working harder!
You have to turn left here.
Sorry, I must leave \have to leave now.
2. Mustn’t and don’t have to. Mustn’t describes something which is not allowed. Don’t have to describes something which is not necessary.
You mustn’t leave any bags here. (It’s against the rule)
You don’t have to apply yet. (It’s not necessary)
3. Should and o ught to. These have the same meaning. They describe “what is a good idea” and can be used to give advice, or polite instructions.
I think you should see a doctor.
You should send in your aplication by July 18th.
You ought not to continue.
4. Had better. This refers to present or future time, and gives advice about how to stop something going wrong..
I think you’ d better leave now. (Before it is too late)
You’ d better not drive. (It might be dangerous)
5. Is\Are to (Was\ were to). This is used in formal instruction, refers to a previously arranged plan or obligation. Not is stressed.
No-one is to leave the room.
He was to meet her yesterday.
I. Translate the following sentences paying attention to the modals:
1. The solution of the question of the burden of taxes can’t be endlessly removed.
2. Some politicians must have forgotten all the horrors of the world war II reviving fascism in new forms.
3. The ship is likely to arrive at the port tomorrow morning we might be informed of it.
4. If the suspect is hostile, the investigator should determine the reason for his hostility.
5. Either partner can institute criminal proceedings against the other.
6. The family status of early Roman jurisconsults may have been more important than their legal expertise.
7. The advocate is to fight for the rights of his clients, but only up to the point where an honourable person could fairly put the case on his own behalf.
8. He (the advocate) must not identify with his client’s possible willingness to tell untruths.
9. If incidental disputes concerning procedure have to be litigated, the barrister is likely to conduct the proceedings.
10. The beginning civil-law judge can expect to start at the lowest level.
11. Legislation needs to be expressed in language readily comprehensible by judges and lawyers.
12. Small parties like the Scottish National Party, whose support is concentrated in a particular part of the country, are more likely to win seats.
13. Before trial takes place the examining justices must hold a preliminary inquiry, called “committal proceedings”.
14. The “ alibi warning ” notice must be given to the prosecution if an alibi defence is to be relied upon.
15. It must be decided whether the accused should be granted bail and legal aid for trial.
16. At the end of the prosecution case, the defence may make a submission of “no case to answer”.
17. Hearsay evidence must be excluded on grounds of unreliability.
18. Counsels should not press for conviction in any circumstances, but should proceed impartially to ensure that justice is done.
19. It is an old debate, whether an effective system of law can be imposed from above or must grow “organically” from below.
20. In accordance with a congressional enactment, a suit brought to a state court that could have been brought to a federal court may be removed to the federal court at the option of the defendant.
II. Complete the text with the most suitable modals. Translate it.
Civil procedure
To start a civil case, a pleading 1) ………… be filed with the court,called a complaint, naming the party against whom the case is brought (we 2)……….. call him the defendant). The person or organization filing the case 3) ……….. be called the plaintiff. The complaint 4)……….. state a cause of action (there 5)………… be enough set forth that a defendant 6) ………... know what he is accused of having done). Only some civil cases 7) ……….. be verified (sworn to), and there is a court cost payable at the time of filing a civil case.
Next a summons is issued, inviting defendant to come to court. The summons 8) …………. tell the defendant how many days he 9) ………… make appearance and file an answer. If he does/not, a default judgement 10) ………… be entered against him. A defendant 11) …………. to defend without a lawyer.
Both parties have a right to jury trial but they 12) ………… to file a paper asking for a jury or they 13) ………… lose the right. There is not, generally, a right to speedy trial in civil cases.
1) must
2) may
3) is to
4) must
5) must
6) can
7) have to/must
8) should
9) has to
10) may
11) is allowed
12) are to
13) may
III. Choose the most suitable verb:
1. The wittness…………..have given more information if he wasn’t frightened.
a. must c. may
b. should d. is allowed to
2. Such a decision……………be made very soon.
a. must c. ought to
b. have to d. is able to
3. We……………have sent the lawyer all the necessary information.
a. must c. can
b. should d. is allowed to
4. General election to choose the next Government…………..be held at least every four years.
a. will c. have to
b. is allowed to d. must
5. The verdict…………….be passed before a trial.
a. mustn’t c. is to
b. can’t d. can
6. The murderer will…………to escape if the police haven’t caught him.
a. can c. be able
b. must d. should
7. The judge…………be impartial when making a decision.
a. should c. is able to
b. will d. can’t
8. A burglar………….enter your home, grab the most valuable items and escape.
a. should c. must
b. can d. has to
9. Thieves…………..to pay damages.
a. have c. can
b. must d. ought to
10. Solicitor………..deal with papers and hire the barrister.
a. can c. should
b. is to d. is able
11. Crime………….be committed by a law-abiding person.
a. should c. might
b. could d. can’t
12. A jury……………be chosen from citizens of this town.
a. are to c. have
b. is to d. is allowed to
13. The car…………….have been stolen an hour ago.
a. must c. could
b. is to d. ought
14. The copyright law……………be adopted as soon as possible.
a. can’t c. should to
b. are to d. must
15. An accused……………be acquitted as he is not guilty.
a. should c. mustn’t
b. can’t d. is allowed
IV. Translate the following sentences into English using modals:
1. Осуществление прав и свобод человека и гражданина не должно нарушать права и свободы других лиц.
2. К уголовной ответственности может быть привлечено лишь лицо, совершившее запрещенное законом общественно опасное деяние.
3. Согласно принципу “строгой ответственности” требуется установить лишь факт причинения вреда, но нет необходимости доказывать вину правонарушителя.
4. При условном осуждении могут быть назначены дополнительные виды наказаний.
5. Возможно, судьи высших судов назначались лишь из числа адвокатов высшей категории – барристеров.
6. Платным магистратам и мировым судьям позволено разбирать некоторые категории гражданских споров.
7. Деление на фелонии и мисдиминоры, должно быть, имело архаичный характер до конца 18 века.