Lw mens vrious forms of behvior.html
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What is law?
- The English word "law" means various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the law of gravity; another is laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example, the speed limits are laws that prescribe how fast we should drive.
- In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is informal rules of social and moral behavior. Some are rules we accept if we belong to particular social and cultural groups. And some are laws made by nations and enforced against all citizens.
- Customs need not be made by governments, and they need not be written down. We learn how we are to behave in society through the instruction of family and teachers, the advice of friends, etc. Sometimes, we can break these rules without any penalty. But if we continually break the rules, other members of society may criticize us, or refuse to have anything to do with us. The rules of social instructions are more formal than customs, carrying penalties for those who break them. Sports clubs, for example, often have detailed rules for their members. But if a member breaks a rule and refuses to accept any punishment, the club may ask him or her to leave the club.
- However, when governments make laws for their citizens, they use a system of courts and the police to enforce these laws. Of course, there may be instances where the law is not enforced against someone - such as when young children commit crimes, or when certain people are able to escape justice by using their money or influence.
задания к тексту
1. Ответьте на вопрос
What rules can people sometimes break without any penalty? Варианты ответа;
- Sometimes people can break the informal rules of social and moral behavior without any penalty.
- Sometimes people can break the rules of driving without any penalty.
- Sometimes people can break the rules of particular social and cultural groups to which they belong without any penalty.
- Sometimes people can break the formal rules of social instructions without any penalty. 2. Какое из предложенных утверждений соответствует содержанию текста. Варианты ответа:
- There is no difference between a custom and a law.
- In general it is very easy to escape justice.
- The speed limits imposed on a driver is an example of a prescriptive law.
- Ignorance of the law is almost never a defence for breaking it.
Прочитайте текст и выполните задания
What is a crime?
- Crime is a part of public law — the law regulating the relations between citizens and the state. Crimes are acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. It is a crime to have more than one wife at the same time in France, but not in Indonesia.
- In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. But the way of dealing with people suspected of crime may be different from his own country.
- In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards and there are elements that must be proved. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as "common law crimes", are still described mostly in case law.
- There are usually two important elements to a crime: (1) the criminal act itself; and (2) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (1) Actus Reus and (2) Mens Rea.
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Professional titles
- Although many kinds of people working in or studying legal affairs are called lawyers, the word really describes a person who has the right to act in certain legal matters. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs.' In Japan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge.
- In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barristers.
- Solicitors do much of the preparation for cases which they then hand to barristers, as well as doing legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client's case.
- In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicit spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe that distinction between barristers and solicitors should be eliminated in England.
Ответьте на вопрос
What is the difference between the right of audience of barristers and solicitors? Варианты ответов:
- Barristers have the right of audience in higher courts, solicitors - only in lower courts.
- Both barristers and solicitors have the right to argue a case in high court.
- Barristers are heard in courts, solicitors are not.
- There is no difference at all.
Прочитайте текст и выполните задания.
Interpol
- Interpol is an intergovernmental body established to promote mutual cooperation between police authorities around the world and to develop means of effectively preventing crime. Founded in Vienna in 1923 and reconstituted in 1946, Interpol is strictly nonpolitical and is forbidden to undertake any activities of a religious, racial, or military nature. The majority of countries belong to Interpol, and only government-approved police bodies may hold membership. Among the first to fight international terrorism and hijackings, Interpol leads the war on narcotics, assists a number of nations in the continuing search for wanted Nazi war criminals. Interpol like any other police force is to safeguard the basic rights of every citizen.
- The main bodies of Interpol are the general assembly, the executive committee, the general secretariat. The general assembly is composed of the delegates from each member country. It is "the Supreme Authority". The general assembly meets annually to decide policy and to elect the executive committee, consisting of a president, three vice presidents, and nine delegates, all of different nationalities. The general secretariat, based in Lyons, France, is the permanent administrative headquarters. It contains a number of departments four of which specialize in certain crimes: one handles murder, burglary, assault, larceny, car theft, and missing persons; another deals with bank frauds and other types of embezzlement; a third with drug traffic and moral offences; and a fourth deals with forgery and counterfeiting. The general secretariat coordinates the international activities of member countries, holds a library of international criminal records, and organizes regular meetings at which delegates can exchange information on police work. Interpol is financed by contributions from member countries.
Задания к тексту 1,
Определите основную идею текста.
Варианты ответа:
- Interpol is a nonpolitical organization consisting of the general assembly, the executive committee, the general secretariat.
- Interpol is a recognized intergovernmental police force whose task is coordinating actions against international crime.
- Interpol is made up of police of different countries, and only government approved police bodies may hold membership.
- One of the most highly respected groups in the world, Interpol is a police force financed by contributions from member countries.
2. Определите, какое утверждение соответствует содержанию текста. Варианты ответа:
- The meetings of the general assembly take place every five years.
- The general assembly is the body empowered to determine Interpol's policy.
- Interpol's permanent administrative body is located in Vienna.
- Interpol's general secretariat contains a special department dealing with shoplifting.
Прочитайте текст и выполните задания.
The Law of Habeas Corpus
- In the United States, Britain, and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of the peace committed her to jail.
- When she was finally brought to trial, Mrs. Robinson's story of her treatment in prison caused an outcry. She had been put on a punishment diet of bread and water, forced to sleep on the bare earth and given 50 lashes. Such treatment was barbaric even by the harsh standards of the time; what made it worse was that Mrs. Robinson was pregnant. Public anger was so great that she was acquitted, the constable who had arrested her without a wan-ant was himself sent to prison, and the justice of the peace was severely reprimanded. And the case, along with other similar cases, led to the passing of the Habeas Corpus Act in Britain in 1679.
- The law is still on the British statute books, and a version of it is used in the United States, where the law was regarded as such an important guarantee of liberty that Article 1 of the Constitution declares that "Habeas Corpus shall not be suspended except in cases of rebellion or invasion".
Задания к тексту
1. Содержанию текста соответствует утверждение ... Варианты ответа:
- Mrs. Robinson was arrested without a warrant.
- The judge of Mrs. Robinson's case was justified.
- The law of Habeas Corpus was adopted in 1621.
- The law Habeas Corpus can't be suspended in any case.
Правильное решение:
Чтобы правильно выполнить задание, следует знать алгоритм обработки текстовой информации и, прочитав текст, определить наличие в тексте информации, соответствующей его содержанию. Утверждение «Mrs. Robinson was arrested without a warrant» («Миссис Робинсон была арестована без ордера») соответствует содержанию текста: «... the constable who had arrested her without a warrant was himself sent to prison» («... констебль, который арестовал ее без ордера, был сам заключен в тюрьму») (фрагмент 2).
2. Завершите утверждение согласно содержанию текста. The law of Habeas Corpus guarantees a person ... Варианты ответа:
- an aquittance
- a fair trial
- an arrest
- an imprisonment
Правильное решение:
Чтобы правильно выполнить задание, следует знать алгоритм обработки текстовой информации и, прочитав текст, завершить утверждение согласно содержанию текста.
Cesare Lombroso
- Professor Lombroso is a criminologist whose views, though not altogether correct, caused a lot of interest and made other people look into the problem of crime in a more scientific way. He is regarded as the father of the scientific study of criminals, or criminology. Lombroso studied at the universities of Padua, Vienna, and Paris, and later he became a professor of psychiatry and forensic medicine, a director of a mental asylum.
- In an enormous book called The Criminal, he set out the idea that there is a definite criminal type, who can be recognized by his or her appearance. Some of what he said is difficult to believe. For example, he said that left-handed persons have a criminal instinct Among the things he considered important were the shape of the head, colour of the hair, the eyes, the curve of the chin and forehead and if the ears stick out.
- Lombroso's theories were widely influential in Europe for a time, but his emphasis on hereditary causes of crime was later strongly rejected in favour of environmental factors. Lombroso tried to reform the Italian penal system, and he encouraged more humane and constructive treatment of convicts through the use of work programs intended to make them more productive members of society.
Задания к тексту Основной идеей текста является ...
Варианты ответа:
- Lombroso was successful in many spheres among which one can name psychiatry, forensic medicine, criminology.
- In his book «The Criminal» Lombroso distinguished a definite criminal type taking into consideration a criminal's appearance and other hereditary features.
- Lombroso tried to change the penal system in Italy stating that prisoners should be treated in a more human and constructive way through special work programs.
- Lombroso is a famous Italian psychiatrist whose ideas on the origin of crime though being not always correct made a great impact on the development of criminology as science.
2. Содержанию текста соответствует утверждение ...
Варианты ответа;
- Lombroso's theory of crime was based on the impact of social factors.
- Today's criminology entirely supports Lombroso's ideas.
- Lombroso was in favour of using work programs in prisons.
- Lombroso was a director of the prison in Italy.
3. Ответьте на вопрос:
What was not the sphere of Lombroso's interests?
Criminal courts
- Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. About 95% of all criminal eases in England and Wales are tried in the Magistrates' Courts which deal with petty crimes, that is, less serious ones. In certain circumstances the court may commit an accused person to the Crown Court for more severe punishment, either by way of a fine or imprisonment.
- Except in cases of homicide, children under 14 and young persons - that is, minors between 14 and 17 years of age - must always be tried summarily, meaning without a jury, by a Youth Court. A Youth Court is a branch of the Magistrates' Court. Indictable offences, that is, more serious ones such as theft, assault, drug dealing, and murder, are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime.
- In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime she or he is charged with. The Crown Court may hear cases in circuit areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.
Задания ктексту
L Ответьте на вопрос; Where are children under 17 tried? Варианты ответа:
- They are tried in the Crown Court.
- They are tried in the Court of Appeal.
- They are tried in the Youth Court.
- They are tried in the Magistrates' Court.
Правильное решение.:
Чтобы правильно выполнить задание, следует знать алгоритм обработки текстовой информации при изучающем чтении, уметь анализировать получаемую информацию и, читая текст, находить ответ на поставленный вопрос.
Правильный ответ на вопрос «Где судят детей, не достигших семнадцати лет?» - «They are tried in the Youth Court» («Их судят в суде по делам несовершеннолетних»), поскольку согласно тексту «...children under 14 and young persons - that is, minors between 14 and 17 years of age - must always be tried summarily... by a Youth Court») («...детей до 14 лет и молодых людей, то есть несовершеннолетних от 14 до 17лет должны судить в упрощенном порядке в суде по делам несовершеннолетних») (фрагмент 2).
2. Содержанию текста соответствует утверждение ...
Варианты ответа;
- A jury which normally consists of eleven people decides whether the defendant is guilty.
- Appeals from the Crown Court go to the Civil Division of the Court of Appeal.
- Children under seventeen are always tried without a jury.
- About 95% of criminal cases in England and Wales are petty ones.
What is Impeachment
- The American constitution provides that the «President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors». Thus, impeachment is the constitutional remedy - the only one, addressed to serious offences against the system of government and the public trust.
- Impeachment is an essentially political process. The Founding Fathers adopted this view of impeachment from English law. It's a scope confined to political officials; it charges only «political crimes» and imposes purely «political punishments». An inquiry of impeachment examines the «undermining of the integrity of office, disregarding of constitutional duties and oath of office, arrogation of power, abuse of governmental process, and adverse impact on the system of government». Impeachment was intended to be a «safety valve, a security against an oppressive or corrupt President and his sheltered ministers». The Founding Fathers were familiar with the despotic rule a too-powerful executive could impose. Consequently, they constructed a safeguard against the executive abuse and usurpation of power that might occur in the separate executive branch. They conceived of impeachment as a means to preserve constitutional government.
- There are three major duties imposed on the President by the Constitution and his oath of office. His first duty is «to take care that the laws be faithfully executed». The other two duties - «to faithfully execute the office of the President of the United States» and to «preserve, protect and defend the Constitution of the United States» - are included in the oath of the offi ce. The power of impeachment serves as a guarantee that these duties are performed.
Задание к тексту
- Ответьте на вопрос:
Who, in accordance with the US Constitution, can be impeached? Варианты ответа:
1 .The ordinary American citizens can.
- The President and civil officers can.
- The American public can.
- The Founding Fathers can.
- Определите, какое утверждение соответствует содержанию текста- Варианты ответа:
1 .Besides impeachment, there are other constitutional remedies against the executive abuse. 2.Impeachment is a criminal proceeding dependent on proof of a criminal infraction.
- Public officers can't be removed from office for disregarding their constitutional duties. 4.Impeachment makes it possible to remove a despotic or corrupt President from office.
Magna Carta
- At the heart of the English system are two principles of government - limited government and representative government. The idea that government was not all- powerful first appeared in the Magna Carta, or Great Charter, that King John signed in 1215 under the threat of civil war.
- Earlier kings of England had issued charters, making promises to their barons. But these were granted by, not exacted from the king and were very generally phrased. Later the tension between the Kings and the nobility increased. In 1199, 1201, and 1205 John's barons had to be promised their rights. It is, therefore, not surprising that Stephen Langton, archbishop of Canterbury, directed baronial unrest into a demand for a solemn grant of liberties by the king. The document known as the Articles of the Barons was at last agreed upon and became the text from which the final version of the charter was drafted and sealed by John on June 15,1215.
- The Magna Carta established the principle of limited government, in which the power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent. Although the Magna Carta was originally intended to protect aristocracy and not the ordinary citizens, it came in time to be regarded as a cornerstone of British liberties, and is one of the oldest written constitutional papers.
Задания к тексту
1. Содержанию текста соответствует утверждение ... Варианты ответа: _
- Earlier charters guaranteed the fair tax collection from the citizens.
- The Magna Carta provided the citizens with a right for the protection and a fair trial.
- The Magna Carta led to the creation of the Articles of the Barons.
- The Magna Carta defended the rights of both aristocracy and common people.
Правильное решение:
Чтобы правильно выполнить задание, следует знать алгоритм обработки текстовой информации и, прочитав текст, определить наличие в тексте информации, соответствующей его содержанию. Утверждение «The Magna Carta provided the citizens with a right for the protection and a fair trial» («Великая хартия вольностей предоставила гражданам право на защиту и справедливый суд») соответствует содержанию текста «The Magna Carta... providedfor protection against unjust punishment... It stipulated that no citizen could be punished or kept in prison without a fair trial» («Великая хартия вольностей... предусматривала защиту от несправедливого наказания... Она утверждала, что ни один гражданин не мог подвергнуться наказанию и содержаться в тюрьме без справедливого суда») (фрагмент 3).
2. Завершите утверждение согласно содержанию текста. Limited government in Great Britain means ... Варианты ответа:
- limited monarchy
- the power of democracy
- absolute monarchy
- absolute democracy
Правильное решение: