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ТУЛЬСКИЙ ФИЛИАЛ
РОССИЙСКОЙ ПРАВОВОЙ АКАДЕМИИ
Я. А. АБАКУМОВА,
Е. Н. ОРЛОВА
РАЗВИТИЕ НАВЫКОВ УСТНОЙ РЕЧИ
ПРИ ИЗУЧЕНИИ АНГЛИЙСКОГО ЯЗЫКА
Москва
2012
СЕРИЯ «Учебное пособие»
ВЫСШЕГО ПРОФЕССИОНАЛЬНОГО ОБРАЗОВАНИЯ
«РОССИЙСКАЯ ПРАВОВАЯ АКАДЕМИЯ
МИНИСТЕРСТВА ЮСТИЦИИ РОССИЙСКОЙ ФЕДЕРАЦИИ»
Тульский филиал
РАЗВИТИЕ НАВЫКОВ УСТНОЙ РЕЧИ
ПРИ ИЗУЧЕНИИ АНГЛИЙСКОГО ЯЗЫКА
УЧЕБНОЕ ПОСОБИЕ
Москва
РПА Минюста России
2012
ББК 81.2 Англ-я73
УДК 803 (075)
А 13
Авторы:
Я. А. Абакумова, кандидат педагогических наук,
доцент кафедры социальных и гуманитарных дисциплин
Тульского филиала РПА Минюста России
Е. Н. Орлова, кандидат педагогических наук,
профессор кафедры социальных и гуманитарных дисциплин
Тульского филиала РПА Минюста России
Рецензенты:
А. А. Чусова, кандидат филологических наук,
доцент кафедры английского языка ТГПУ им. Л. Н. Толстого
О. В. Сычёва, кандидат педагогических наук,
доцент кафедры социальных и гуманитарных дисциплин
Тульского филиала РПА Минюста России
Абакумова, Я. А.
А 13 Развитие навыков устной речи при изучении английского языка: учеб. пособие / Я. А. Абакумова, Е. Н. Орлова ; РПА Минюста России, Тульский филиал. — М. : РПА Минюста России, 2012. — 128 с. — 50 экз.
Учебное пособие по развитию навыков устной речи при изучении английского языка подготовлено на основе Федерального государственного образовательного стандарта высшего профессионального образования по направлениям подготовки 030900 «Юриспруденция», 031001 «Правоохранительная деятельность» и 030901 «Правовое обеспечение национальной безопасности».
Данное пособие рассчитано на студентов очной и заочной форм обучения, занимающихся по основным образовательным программам с полным и сокращенным сроками обучения.
ББК 81.2 Англ-я73
УДК 803 (075)
Печатается по решению учебно-методического совета
Тульского филиала РПА Минюста России.
© Абакумова Я. А., Орлова Е. Н., 2012
© РПА Минюста России, 2012
Введение
Учебное пособие разработано с учетом положений Федерального государственного образовательного стандарта высшего профессионального образования по направлениям подготовки 030900 «Юриспруденция», 031001 «Правоохранительная деятельность» и 030901 «Правовое обеспечение национальной безопасности».
Данное пособие направлено на развитие у студентов навыков устной речи — говорения. Говорение представляет собой форму устного общения, с помощью которой происходит обмен информацией средствами иностранного языка, устанавливается контакт и взаимопонимание, оказывается воздействие на собеседника в соответствии с коммуникативным намерением говорящего.
Все функции устного общения — информативная, регулятивная, эмоционально-оценочная и этикетная — осуществляются при этом в тесном единстве.
Говорение, как и аудирование, характеризуется наличием сложной мыслительной деятельности с опорой на речевой слух, память, прогнозирование и внимание. Оно может обладать различной сложностью, начиная от выражения аффективного состояния с помощью простого восклицания, называния предмета, ответа на вопрос и кончая самостоятельным развернутым высказыванием. Этот переход от слова и фразы к целому высказыванию связан с разной степенью участия мышления и памяти.
Успешность обучения говорению зависит от индивидуальных особенностей студентов (от наличия у них мотивов учения, внимания и интереса, от умения пользоваться стратегиями устного общения, опираться на прежний речевой опыт и т. д.), от лингвистических и дискурсивных характеристик текстов и от условий обучения (наличия инновационных технологий обучения, ситуативной обусловленности и проблемности упражнений, парно-групповой организации занятий и др.).
Основной целью обучения говорению является развитие у студентов способности осуществлять устное речевое общение в разнообразных профессионально-детерминированных ситуациях.
По окончании изучения иностранного языка студенты должны: а) общаться в условиях непосредственного контакта, т. е. понимать и реагировать на устные высказывания партнера в рамках профессиональной тематики; б) рассказывать о себе, о прочитанном и услышанном в области профессиональной деятельности, выражая отношение к предмету высказывания или к полученной информации с помощью различных речевых упражнений. Речевые упражнения способствуют выработке коммуникативной компетенции студентов. Они обучают:
- однозначно формировать основную цель;
- синтезировать содержание, опираясь на речевой опыт и всевозможные ассоциации;
- последовательно развивать мысль;
- выражать одну и ту же мысль разными средствами;
- строить высказывание с учетом его прагматической ценности;
- соотносить высказывание с ситуацией общения;
- приспосабливаться к индивидуальным особенностям партнера по общению;
- соотносить паралингвистические явления (жесты, мимику и др.) с ситуацией общения;
- адекватно выражать эмоционально-оценочную информацию;
- прогнозировать реакцию партнера и адекватно реагировать на его реплики.
Правильно организованный контроль речевых умений дает преподавателю возможность рационально распределить учебное время, проверить эффективность упражнений, внести коррективы в тематический план, увидеть практические достижения отдельных студентов и группы в целом. Результаты контроля являются также определенным стимулом для совершенствования и модернизации методов обучения языку.
Формы контроля должны отвечать следующим требованиям:
- выполнять не только контролирующую, но и обучающую функцию;
- быть адекватными, т. е. направленными на проверку одной формы обучения;
- не вносить существенных отклонений в ход учебного процесса;
- не требовать больших усилий для проверки результатов;
- быть интересными для студентов и соответствовать их индивидуальным особенностям.
Определенным показателем уровня сформированности умений говорения являются такие параметры, как:
- количество слов/фраз в сообщении;
- количество простых и сложных предложений (не менее 15—20 по каждой профессиональной теме);
- количество и объем реплик в диалоге (не менее 10 с каждой стороны).
Учитываются также языковые и инновационные технологии, которыми пользуется говорящий (их разнообразие, степень тематической обобщенности, видеопрезентация).
При проверке сформированности умений диалогического общения студентов учитываются:
- быстрота реакции (беглость);
- наличие и правильная реализация речевых формул;
- уместность реплик и их разнообразие;
- правильное использование лексики по теме высказывания и грамматических структур.
При проверке умений монологических высказываний учитывается:
- разнообразие лексики по теме высказывания и грамматических структур, а также правильность их употребления;
- развернутость и последовательность сообщения;
- соответствие языковых средств теме сообщения;
- объем высказывания (по каждой теме 15—20 фраз);
- наличие речевого намерения и его реализация;
- количество предложений, выражающих субъективную информацию.
Данное учебное пособие включает 20 тем профессиональной направленности (TOPIC), каждая из которых содержит пять видов различных заданий, ориентированных на усвоение профессиональной лексики, развития навыков говорения в сфере монологической и диалогической речи, осуществляемое в процессе аудиторных занятий по иностранному языку.
В пособие также включены задания для самостоятельной работы студентов на усвоение профессиональной лексики и развитие навыков устной речи.
TOPIC 1: MAKING NEW LAWS
Exercise 1. Before reading the text explains the meaning of the following words and word combinations:
Statute law, To be published in statute form, To receive a formal reading, To enforce an Act of Parliament, To pass a law, Royal Assent, Public Bills, Private Bills, Sovereigh, Local matters
Making New Laws
The functions of Parliament are: making laws; providing money for the government through taxation; examining government policy, administration and spending; debating political questions.
Every year Parliament passes about a hundred laws directly, by making Act of Parliament. Because this can be a long process, Parliament sometimes passes a very general law and leaves a minister to fill in the details. In this way, it indirectly passes about 2,000 additional rules and regulations.
No new law can be passed unless it has completed a number of stages in the House of Commons and the House of Lords. The monarch also has to give a Bill the Royal Assent which is now just a formality. Since 1707 no sovereign has refused a Bill. Whilst a law is still going through Parliament it is called a Bill. There are two main types of Bills – Public Bills which deal with matters of public importance and Private Bills which deal with local matters and individuals.
Public and Private Bills are passed through Parliament in much the same way. When a Bill is introduced in the House of Commons, it receives a formal first reading. It is then printed and read a second time, when it is debated but not amended. After the second reading the Bill is referred to a committee, either a special committee made up of certain members of the House, or to the House itself as a committee. Here it is discussed in detail and amended, if necessary. The Bill is then presented for a third reading and is debated. If the Bill is passed by the Commons it goes to the Lords; and provided it is not rejected by them, it goes through the same procedure as in the Commons. After receiving the Royal Assent the Bill becomes an Act of Parliament. In order to be enforced, it must be published in Statute form, becoming a part of Statute Law. The power of the Lords to reject a Bill has been severely curtailed. A money Bill must be passed by the Lords without amendment within a month of being presented in the House. The Act of 1949 provides that any Public Bill passed by the Commons in two successive parliamentary sessions and rejected both times by the Lords, may be presented for the Royal Assent, even though it has not been passed by the Lords. The Lords, therefore, can only delay the passage of a Public Bill, they cannot reject it.
New words:
- taxation – налогообложение;
- to provide money for the government – ассигновать деньги для нужд правительства;
- spending ‒ расходы;
- to deal (with) – иметь дело (с );
- to amend – вносить поправки;
- amendment – поправка;
- to reject – отклонить;
- to be severely curtailed – быть сильно ограниченным;
- to delay the passage – отложить принятие;
- money bill – финансовый законопроект.
Questions to the text:
Exercise 2. Translate into Russian:
Exercise 3. Fill in gaps with words given below, translate the text into Russian:
consists, senior bishops, peers, titles, appointed, advice, appointments, ultimate, presided, Chancellor.
The House of Lords ___ of the Lords Temporal and the Lords Spiritual. The Lords Spiritual are the Archbishops of York and Canterbury, together with 24 ___ of Church of England. The Lords Temporal consist of hereditary ___ who have inherited their ___ ; life peers who are ___ by the Queen on the ___ of the Government for various services to nation; and the Lords of Appeal ( Law Lords ) who become life peers on their judicial ___. The latter serve the House of Lords as the ___ court of appeal. It is ___ over by the Lord ___.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English
TOPIC 2: BRITISH CONSTITUTION
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
to evolve, to be assembled, consolidated document, common law, statute law, convention, basic rights and duties, Magna Carta, the Bill of Rights, the Reform Act
British Constitution
The British constitution has evolved over many centuries. Unlike the constitutions of America, France and many Commonwealth countries, the British constitution has not been assembled at any time into a single, consolidated document. Instead it is made up of common law, statute law, conventions etc.
Of all the democratic countries in the world, only Israel is comparable to Britain in having no single document codifying the way its political institutions function and setting out the basic rights and duties of its citizens. Britain does, however, have certain important constitutional documents, including the Magna Carta (1215) which protects the rights of the community against the Crown; the Bill of Rights (1689) which extended the powers of Parliament, making it impracticable for the Sovereign to ignore the wishes of the Government; and the Reform Act (1832), which reformed the system of parliamentary representation. Common law as a constitutional source has never been precisely defined – it is deduced from custom or legal precedents and interpreted in court cases by judges. Conventions are another source of Constitution. They are rules and practices which are not legally enforceable, but which are regarded as indispensable to the working of government. Many conventions are derived from the historical events through which the British system of government has evolved.
The English constitution may be changed easily. It may be altered, and in the past it has been altered, through the slow accretion of custom by an act of Parliament, or by judicial interpretation
The flexibility of the British constitution helps to explain why it has developed so fully over the years. However, since Britain joined the European Community in 1973, the rulings of the European Court of Human Justice have increasingly determined and codified sections of British law in those areas ( covered by the various treaties ) to which Britain is a party. In the process British constitutional and legal arrangements are beginning to resemble those of Europe.
New words:
- to extend – расширять;
- source – источник;
- to define precisely – точно определить;
- to deduce – выводить (заключение, следствие и т. д.);
- to be legally enforceable – иметь законную силу;
- indispensable – незаменимый;
- to derive – вытекать, происходить;
- to alter – изменяться, меняться;
- accretion – приращение, увеличение;
- flexibility – гибкость.
Questions to the text:
Exercise 2. Translate into Russian:
Exercise 3. Fill in gaps with words given below, translate the text into Russian:
case law, an Act of Parliament, adapted, had settled, conquest, in the south, effective, to standardize the law, local administration, modern court system
Sources of English Law
English law stems from seven main sources, though these vary a great deal in importance. The basis of English law today is ___ (a mass of judgemade decisions). Another form of law is a statute, or an ___. Before the Norman ___, different areas of England were governed by different systems of law, often ___ from those of the various invaders who ___ there; roughly speaking, Dane law applied in the north, Mercian law around the midlands, and Wessex law ___ and west. Each was based largely on local custom. The king had little control over the country as a whole, and there was no ___ central government. When William the Conqueror gained the English throne in 1066, he established a strong central government and began, among other things, check ___ and were given the job of adjudicating the local disputes, according to local law. When these « itinerant justices» returned to Westminster, they were able to discuss the various customs of ___ of the country.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 3: THE POLICE IN BRITAIN
Exercise 1: Before reading the text explain the meaning of the following words and word combinations:
to keep law and order, to govern, a separate police force, a politician, to patrol airports, trained police officers, to be armed, a magistrate, intensive training
The British Police
The British police officer – sometimes called the «bobby» after Sir Robert Peel, the founder of the police force – is a well-known figure to anyone who has visited Britain or who has seen British films. Policemen are to be seen in towns and cities keeping law and order, either walking in the streets («pounding the beat») or driving in cars (know as «panda car» because of their distinctive markings). Few people realize, however, that the police in Britain are organized very differently from many other countries.
Most countries, for example, have a national police force which is controlled by central government. Britain has no national police force, although police policy is governed by the central government's Home Office. Instead, there is a separate police force for each of 52 areas into which the county councilors and magistrates.
The force co-operates with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard – known simply as «the Yard».
In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland. Only a few police are regularly armed – for instance, those who guard politicians and diplomats or who patrol airports. In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.
All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force.
Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms.
The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.
New words:
- police authority – полицейская власть;
- county councilors – члены совета графства;
- to operate – действовать;
- to guard – защищать, охранять;
- permission – разрешение.
- Criminal Investigation Department (CID) отдел по уголовным расследованиям;
- traffic wardens – дорожные полицейские патрули;
- to obey – подчиняться;
- offence – правонарушение;
- Home Office – Министерство внутренних дел.
Questions to the text:
Exercise 2: Translate into Russian:
Exercise 3. Fill in the gaps with words given below, translate the text into Russian: local government, greater, responsibility, gain, provides, registration, headquarters, employees.
The Organization of the Police Force
There is no national force in Britain. All police ______ work for one of the forty or so separate forces which each have _____ for a particular geographical area. Originally, these were set up locally. Only later did central government ______ some control over them. It inspects them and has influence over senior appointments within them. In return, it _____ about half of the money to run them. The other half comes from _____.
The exception to this system is the Metropolitan Police Force, which polices ____ London. The «MPF» is under the direct control of central government. It also performs certain national police functions such as the _____ of all crimes and criminals in England and Wales and the compilation of the missing persons register. New Scotland Yard is the famous building which is the ____ of its Criminal Investigation Department (CID).
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 4: CONSTITUTION OF THE USA
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
the Articles of Confederation, the basic form of government, the powers and duties, the Bill of Rights, freedom of religion, freedom of speech and press, to guard, citizen, considerable, influence
The Constitution and the Bill of Rights
The former colonies, now «the United States of America», first operated under an agreement called the Articles of Confederation (1781). In 1787, delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more. They wrote a completely new document, the Constitution, which was finished in the same year and officially adopted by the thirteen states by 1790.
The Constitution sets the basic form of government: three separate branches, each one having power («checks and balances») over the others. It specifies the powers and duties of each federal and state branch of government. The Constitution has been repeatedly amended, but it is still the «supreme law of the land». All government and governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). It belongs to « We the People», in fact and in spirit.
Americans stated the first ten Constitutional Amendments; know together as Bill of Rights. Among these rights is the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guarded the citizens against unreasonable searches, arrests, and seizures of property and established a system of justice guaranteeing orderly legal procedures. This included the right of trial by jury.
These rights are seen as the natural «unalienable» rights of every American. They cannot be taken away by any government, court, official, or law.
The federal and state governments, formed under the Constitution, were designed to serve the people. Americans expect their government to serve them and tend to think of politicians and governmental officials as their servants.
Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several other nations have based their own forms of government on it: The French declaration of rights, the United Nation Charter and etc.
New words and words combinations:
- to revise the Articles — пересмотреть статьи;
- to adopt — принять, утвердить (закон);
- to specify — указывать, обозначать, перечислять;
- «checks and balances» — система сдержек и противовесов;
- guidelines — ведущие положения;
- an ultimate power — необоснованно большая власть;
- the executive branch — исполнительный орган;
- the Supreme Court — Верховный Суд;
- the judicial branch — судебный орган;
- unreasonable searches — неоправданное преследование;
- a seizure of property — захват собственности;
- unalienable — неотчуждаемый, неотъемлемый.
Questions to the text:
Exercise 2. Translate into Russian:
Exercise 3. Fill in the gaps with words given below, translate the text into Russian:
founders, proposed, Articles, law, changed, Bill of Rights, religion, speech, to meet, safe, searches, arrests, crime, jury.
When the Constitution was written in 1787, there were only 13 states. Because the _____ of the Constitution saw that the future might bring a need for changes, they _____ a method of adding _____ . Over the years 26 amendments have been added, but the basic _____ has not been _____ . The pattern of government planned so long ago for 13 states today meets the needs of 50 states and more than 57 times as many people.
The first 10 amendments to the Constitution, called the _____ . Added in 1791, they include provisions for freedom of the _____ and of _____ ; the right of citizens to _____ peacefully; the right to be _____ in one's own home against unreasonable ______ and ______ of person or property; and the right of any person charged with _____ to have a speedy trial by a _____ .
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English
TOPIC 5: JUDICIAL SYSTEM OF THE USA
Execise1. Before reading the text explain the meaning of the following words and word combinations:
Jurisdiction, national, veto ,to block, bill, Federal Court of Appeals, judicial organ, police courts, to organize, Senate, Associate Justices.
US Judicial System
The Supreme Court is the highest judicial organ of the US and it meets in the Supreme Court Building in Washington. Above the main entrance the words are written “Equal Justice Under Law”. The Supreme Court consists of the Chief Justice of the USA and eight Associate Justices. They are all appointed by the President and approved by the Senate. The Supreme Court has the right to declare unconstitutional any law passed by Congress and any order issued by the President. This right of veto is widely used to block the passage of any progressive bills. The USA is divided into eleven judicial circuits and each one is served with a Federal Court of Appeals. As a rule the Court of Appeals sits with three judges on the bench. There are about ninety district courts in different parts of the United States. The district courts are the lowest ones in the Federal court system. Most of the criminal and civil cases are tried by these courts. The district court is the only Federal court where trials are held, juries are used, and witnesses are called. There are about two hundred district judges in the USA. Cases tried in the district court may be appealed in one of the eleven Courts of Appeal and in the Supreme Court. The decision of the Supreme Court is final. In the US the judiciary is divided into the federal and state judiciary. Jurisdiction of particular courts or judges is determined by the either the national or state constitutions and laws. The state courts are organized in a system that looks like the system of Federal courts with a Supreme Court at the top. In most of the states the lowest courts are the magistrates, or police courts.
New words:
- Chief Justice—главный судья;
- to approve — одобрять;
- сircuit — округ;
- bench — (зд.) состав суда;
- judiciary — судоустройство;
- existing — существующий;
- to pass a law — принять закон;
- to issue — издавать (о приказе);
- witness — свидетель;
- District court — районный суд;
- «Equal Justice Under Law» — «Все равны перед законом».
Questions to the text
Excises 2. Translate into Russian:
Exercise 3. Fill in the gaps with words given bellow, translate the text into Russian: department, the president’s authority, law enforcement, appointed, the advice, appointees, US attorney, vary, litigation, discretion.
US Attorneys
The Justice _____ is responsible for faithful execution of the laws the ______ ____. The main administrators of federal ___ _____ are the ninety-four US attorneys, ____ by the president with the_____ and consent of the Senate. Unlike federal judge, these ____ serve at the pleasure of the president. There is a ____ in each federal judicial district. Their staffs of assistant attorneys _____ in size with amount of ___ in district.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 6: ENGLISH LAW AND COURT SYSTEM
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
statute process, magistrate, appeal, final, crown, county, jury, High Court, Court of appeal, judicial.
English Law and Court System
There are three separate systems of law in the United Kingdom: the legal system and law courts of 1. England and Wales; 2. Scotland; 3. Northern Ireland. However, there are some common features to all systems in the United Kingdom: the sources of law, the distinction between civil law and criminal law. The sources of law include: 1. written law (i.e. statues); 2. unwritten law (i.e. Common law and Equity) based on judicial precedent. We also call the common law as «case law» or «judgemade» law. It means that when one judge had decide a point of law, any judge who has the similar set of facts must decide the same way as in the earlier judgement. In other words, the judge uses the process of analogy.
It is the Magistrates’ Counts (sometimes called police courts) that try the majority of all criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (also called justices of the place – J. P. s) who work part-time and are unpaid. The courts consist of between 2 and 7 magistrates. In a few large cities there are also stipendiary magistrates who sit alone and have legal training. County courts are the main civil courts and the Crown Court deals with all the more serious criminal cases. It also hears appeals from magistrates’ courts. The accused has the right to trial by jury. The High Court hears all those civil cases that cannot be decided by county courts. The Court of Appeal hears both criminal and civil appeals and the House of Lords is the final appellate tribunal. The judges in the House of Lord are the ten «Lords of Appeal in Ordinary» (the «law lords»).
New words:
- separate – отдельный;
- civil law – гражданское право;
- criminal law – уголовное право;
- common law – общее право;
- judgement – судебное решение;
- case – дело;
- to try – разбирать в судебном порядке;
- trial – судебное разбирательство;
- to deal (dealt, dealt) (with) – разбирать, рассматривать;
- lay – непрофессионал;
- Justice of the Peace – мировой судья;
- the accused – обвиняющий;
- stipendiary – оплачиваемый;
- legal training – правовое (юридическое) образование.
Questions to the text:
Exercise 2. Translate into Russian:
Exercise 3. Fill in the gaps with words given below, translate the text into Russian:
to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence; at random; solicitor; the dock.
1. If a person in Britain has a legal problem, he will go and see a _____. In the US, he will go and see a _____. 2. A case of divorce is a _____. 3. If you want to ___ your debts, your case will be heard in the County Court. 4. _____ is an expert in the interpretation of law. He is also an expert on ______ (the art of presenting cases in Court). 5. Coroners who have medical or legal training ____ violent or unnatural deaths. 6. A jury consists of twelve jurors who are ordinary people are chosen _____ from the Electoral Register. 7. In a Magistrates' Court the accused is placed in _____. 8. A defence lawyer in court ____ the witnesses. 9. A judge _____ the accused if he ______.
Exercise 4. Work in pairs and discuss the following questions:
ТОРIC 7: THE HISTORY OF BRITISH PARLIAMENT
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
basis, feudal, aristocracy, to base, fundamental, forum, criticism, Palace of Westminster, «Lords», «Commons», Saxon times.
The History of British Parliament
Britain has the oldest Parliament in the world. This institution has changed over the centuries and has reflected the class structure and economic basis of feudal and capitalist societies. Parliament is held in the Palace of Westminster. This tradition dates back to Saxon times when the king called to that place barons,who discussed with him matters of state. The king often argued with them for his power and money. In 1215 King Henry III refused to accept Magna Carta. A group of powerful barons supported him. But Symon de Monfort defeated them and in 1265 called the first Parliament. From that time the king summoned Parliament and representatives of counties and cities with the king’s advisers from the clergy, and his supporters among the feudal barons met together. As the class differences between the representatives and aristocracy became more marked, the division into the «Lords» and «Commons» took place. The Queen usually opens the new session of Parliament. During the election of the Speaker, when he is going to his great chair at one end of the House, he struggles and pretends that he doesn’t wish to accept the honour. This comes from the days when men were afraid to become the Speaker. It was because the sovereign and the House of Commons often quarreled and the Speaker’s duty of acting as go-between was both difficult and dangerous. Nowadays the Speaker no longer takes part in debates as other members do. He presides over the debates and decides which member is to speak at any particular moment. The Speaker doesn’t vote at the end of them. But if the Government and the Opposition gain an equal number of votes, then the Speaker has the casting vote. The Government runs the country but Parliament holds the Government to account.When Government Ministers make statements in the House of Commons, they are interrogated by the Opposition and by individual members of all parties.
New words:
- to hold — проводить;
- to date back — вести исчисление;
- powerful — могущественный;
- to argue — спорить;
- to sign — подписывать;
- to accept — принимать, соглашаться;
- Magna Carta — Великая Хартия Вольностей;
- to support — поддерживать;
- to defeat — наносить поражение;
- development — развитие;
- division — деление, разделение;
- to summon — призывать, созывать;
- growth — рост;
- to make statements — делать заявления;
- to interrogate — опрашивать, допрашивать;
- to account — рассматривать как.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: to appoint, to elect(2), prominent, proportion (3), local councils, to appeal, minority
Women in Parliament
Some people suppose that there are few women and members of the ethnic _______ in Parliament. In 1979, Margaret Thatcher became the first woman Prime Minister, yet she never _______ a woman to her Cabinet, and until 1983 the _______ of women _______ to the House of Commons was under 5%. In the election in 1992, 59 women _______ to the House of Commons. This total is still below the _______ in other European countries.
Although the Conservatives choose few women as their candidates for the House of Commons’ seats, women are very active in the affairs of the party as a whole. The Labourists have also tried to _______ to women voters by giving women _______ positions. In all parties, a higher _______ of women is elected to _______ than the House of Commons.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 8: JUDICIAL PROFESSIONS
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
legal problem, to deal with, petty crimes, to prepare a case, evidence, civil action, legal letter, an expert, interpretation of the law, advocacy, to pass an exam
Types of Legal Professions
England is almost unique in having two different kinds of lawyers. They are solicitors and barristers. There are about 50,000 solicitors and they make up the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in higher courts, and may represent their client in a Magistrates’ court.
There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyers are different. In court, barristers wear wigs and gowns to keep the formality. They are experts of the Law. They are rather remote figures. Barristers do not have public offices in any street. They work in chambers, often in London. To qualify as a barrister you have to take the exams of the Bar Council. These are different from solicitors’ examinations. Only barristers can become judges in England. The highest level of barristers has the title QC (Queen’s Counsel).
There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.
A jury consists of 12 people (jurors), who are ordinary people chosen from the Electoral Register. They listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent.
There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. They are usually unpaid and have no formal legal qualifications.
Coroners have medical or legal training and inquire into violent or unnatural deaths.
New words:
- solicitor — поверенный;
- barrister — адвокат высшего ранга;
- attorney — адвокат в США;
- Queen’s Counsel — королевский адвокат;
- plaintiff — истец;
- defendant — ответчик;
- juror — присяжный;
- guilty — виновный;
- innocent — невиновный;
- divorce — развод;
- to recover debts — заплатить долги;
- to qualify — получить профессию;
- remote — отдаленный, недоступный;
- to conduct the proceedings — проводить заседания;
- to pass the sentence — выносить приговор;
- coroner — следователь по тяжким преступлениям;
- violent — насильственный;
- to inquire — расследовать.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: attorneys, trials, evidence, counsel, to suggest, matters, trial work, to spend, witnesses, trial
Attorneys in the USA
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 9: POLITICAL PARTIES IN THE UK AND IN THE USA
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
the Conservative party, the Labour party, the Liberal Democrats, the Green party, Scottish Nationalist Party, the Democrats, the Republicans, «right», «left», «centre», Representatives, Senators
Political Parties in the UK and in the USA
The main parties in the UK are the Conservative party (right wing), the Labour party (left wing) and the Liberal Democrats (centre).
The Conservative party was the party that supported Church and King. The Conservative party believes in free enterprise and the importance of a capitalist economy, with private ownership preferred to state control.
The Labour party believes that private ownership and enterprise should be allowed to flourish, but not at the expense of their traditional support of the public services. This party was formed in 1900 to represent labour in Parliament.
There has been a Liberal party in Great Britain since 1868 when the name was adopted by the Whig party. The Whig party was created after the revolution of 1688 and aimed to subordinate the power of the Crown to that of Parliament and the upper classes. In 1981 a second centre party was created by 24 Labour MPs. It was called the Social Democratic party. The Liberal Democrats believe that the state should have some control over the economy, but there should be individual ownership.
There are other political parties in the UK. The Green party offers economic and industrial policies that relate to the environment. The Scottish Nationalist Party wants independence for Scotland within the European Community.
In the USA there are two leading parties – the Democrats and the Republicans. There are other parties besides these two. Among these are Communist party and several Socialist parties. Minor parties do not play a role in national politics.
Sometimes, the Democrats are thought of as associated with labour and the Republicans with business and industry. Democrats tend to favour a more active role of the central government in social matters. To distinguish between the parties is often difficult. The traditional European terms of «right» and «left» or «conservative» and «liberal» do not quite fit the American system. Democrats or Republicans, Representatives or Senators are not bound to a party programme.
In the US, parties cannot win the seats, both Representatives and Senators are elected to serve the interests of the people and the areas they represent.
New words:
- to originate — происходить (возникать);
- enterprise — предпринимательство;
- private ownership — частная собственность;
- to be looked on — рассматриваться;
- foundation — основание, создание;
- at the expense of — за счет (кого-то, чего-то);
- to flourish — процветать;
- to adopt — принимать, утверждать;
- to vote — голосовать;
- to elect — избирать;
- to distinguish — различать;
- to fit — подходить, соответствовать;
- to be bound — быть привязанным, следовать.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: election campaign, to vote, to support, polling day, ballot box, to predict, opinion poll, polling station, candidate
Elections
People sometimes try to ______ the result of an election weeks before it takes place. Several hundred people are asked which party they prefer, and their answers are used to guess the result of the coming election. This is called an ______ . Meanwhile each party conducts its _______ with meetings, speeches, television commercials, and party members going from door to door encouraging people to _______ their party. In Britain everyone over 18 is eligible to _______ . The place where people go to vote in an election is called a _______ and the day of the election is often known as _______ . The voters put their votes in a _______ and later they are counted. The _______ with the most votes is then declared the winner.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 10: THE ELECTORAL LAW IN RUSSIA
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
legal concept, basic meanings, to be guaranteed, discrimination, any grounds(gender, ethnicity), opportunity, to influence, will, voters, value, places of imprisonment, poll
The Electoral Law in Russia
The right to vote is a legal concept which has two basic meanings:
The principles of suffrage in Russian Federation are the following: universal suffrage, direct right to vote, equal suffrage by a secret ballot, voluntary participation in the election, publicity in the electoral process.
The principle of universal suffrage means that the voting rights are recognized for all adults and mentally healthy people. The universality means that there is no discrimination on any grounds (gender, ethnicity, etc.), that is the impossibility of removal from the election of any individuals.
The principle of direct right means the voter’s right to elect and be elected directly to the elected body or elected office. The indirect right of voters means that they choose only the members of the council which then elect the elected body.
The principle of equal suffrage by a secret ballot gives equal opportunity for each voter to influence the election results. This principle means that a citizen can use his vote only one time during the election. Voting by secret ballot excludes the external monitor and control the will of voters. This guarantees complete freedom of expression.
Voluntary participation in electoral process means that it is up to the voter to take part in the election or not.
We can participate in the election at the age of 18, be elected to the State Duma at 21, be elected as the President at 35. Disabled people and those in the places of imprisonment do not have the right to elect and be elected.
New words:
- impartial suffrage — объективное избирательное право;
- sub-constitutional law — подотрасль конституционного права;
- customary practice — обычная практика;
- the right to vote — право голосовать;
- subjective suffrage — субъективное избирательное право;
- electoral law — избирательное право;
- essence — сущность;
- universal suffrage — всеобщее избирательное право;
- direct right to vote — право прямого голосования;
- equal suffrage — равное избирательное право;
- voting by a secret ballot — тайное голосование;
- voluntary participation — добровольное участие;
- publicity — публичность;
- mentally healthy — умственно здоровый;
- elected body — выборный орган;
- elected office — выборная должность;
- to exclude — исключать;
- external monitor — внешнее наблюдение;
- disabled people — недееспособные люди.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: constitution, structure, voter, national, to name, federal, government, to vote, responsibility, violation, law, to govern, to be elected (2), to be appointed, to be removed from office
Elective Structure in the USA
The United States is a ______ union of 50 states, with District of Columbia as the seat of the ______ government. The Constitution outlines ______ of the national government and specifies its powers and activities. Other government activities are the _______ of the individual states, which have their own ______ and ______ . Within each state there are counties, town ships, cities and villages, each of which has its own elective ______.
All government in the United States is «of, by and for the people». Members of Congress, the President, state officials and those who _______ counties and cities _______ by popular vote. The President _______ the heads of federal departments while judges are either _______ directly by the people or ______ by elected officials. ______ mark unsigned ballots in private booths, so that no one else can find out for whom a citizen ______ . Public officials may ______ for failing to perform their duties properly, as well as for serious ______ of law.
Exercise 4. Election Campaign. Role Play
Imagine you are a candidate of one of the major parties: you have already been elected your party’s official candidate for the presidency. Write your programme and organize your election campaign. Persuade as many people in the as possible to vote for you. Use the vocabulary of the unit.
Exercise 5. Translate from Russian into English:
TOPIC 11: HUMAN RIGHTS
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
rights and freedoms, democracy, liberties, individual freedoms, Declaration of Human Rights, social security, national insurance, the right to work, to protect, to prevent, well-being of citizens
Human Rights
The problem of human rights is one of the most important issues in the history of the world. It is a matter of liberties rather than rights. A right exists where there is a positive law on the subject, a liberty where there is no law against it.
The problem of human rights is of great importance in Britain. Respect for individual freedoms forms a cornerstone of Britain’s democratic system. British public opinion is concerned about violations of human rights throughout the world. The British Government regards the observation of human rights and their protection as an important element of its foreign policy.
These rights and freedoms are listed in the Universal Declaration of Human Rights adopted by the UN General Assembly in 1948. They include the right to: work; an adequate standard of living; social security; education; the highest health care standards; form and join trade unions, etc.
Everyone has the right to work, to free choice of employment and to protection against unemployment. Everyone has the right to a standard of living adequate for health and well-being of himself and his family, including food, housing and medical care. The social security system aims to provide financial help to elderly, sick, unemployed people. Everyone has the right to education. Education should be free, at least in the fundamental stages. The National Health Service provides health care to all residents. Treatment is financed mainly out of general taxation.
There are a lot of international agreements, treaties, conventions to protect and increase civil liberties: the Universal Declaration of Human Rights, the European Convention on Human Rights and Fundamental Freedoms, etc. All these documents protect civil liberties; observe the fundamental human rights and freedoms.
New words:
- issue — вопрос; проблема;
- cornerstone — краеугольный камень;
- to concern — касаться; беспокоиться; заниматься;
- violation — нарушение;
- to regard — рассматривать; относиться;
- unemployment — безработица;
- to aim — стремиться; намереваться;
- resident — житель;
- treatment — лечение;
- restriction — ограничение.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: member, defines, was adopted, include, came into force, institution, international, was formed, fundamental
The European Convention on Human Rights
The European Convention on Human Rights and Fundamental Freedoms _____ in 1950 by the Council of Europe. This Council is not an _____ of the European Community, but an ______ organization of twenty-one West European states which ______ in 1949. Twenty states of the twenty-one are parties to the convention. They are Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Ireland, Italy, Luxemburg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey and the United Kingdom. Liechtenstein is a ______ of the Council of Europe but not a party to the Convention. The convention ______ on September 3, 1953. The Convention is based on the Universal Declaration of Human Rights which was adopted by the General Assembly of the United Nations in 1948. This Declaration ______ a set of individual rights which were considered to be ______ to the well-being of citizens of all countries. They ______ the right to an adequate standard of living, the right to work, the right to a fair trial and the right to own property.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 12: CIVIL LAW
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
legal system, civil case, authority, to originate, legal proceeding, definition, to deal with, precedent, main principle, jurisdiction, legal treaty
Civil law
Civil law is a legal system originating in Western Europe. It contains legal traditions of ancient Rome and is based on these traditions. Modern civil law systems have spread throughout the world.
The most prevalent feature of a civil law system is the presence of a written code of law. This can be contrasted with common law systems which are based on the principle of deciding cases by reference to previous judicial decisions. Civil-law judges use statutory principles in their decisions. Civil law formulates general legal rules and principles. And although the contents of codes may vary widely from country to country, all codes present a programme of social regulation that guides people in the society from birth to death.
The civil law term has two meanings: private and public law. Private law includes civil and commercial relations such as marriage, divorce, contractual agreements. Public law consists of matters that concern the government: constitutional law, criminal law, administrative law.
The role of judges in civil law jurisdictions differs from that of judges in common law systems. The civil law tradition views judges as government officials who perform important functions. Civil law judges administer the codes that are written by legislators. They also consult legal treatises on the issue in question. The civil law system assumes that there is only one correct solution to a specific legal problem. So judges can not use their own interpretation to a case.
New words:
- to spread — распространяться;
- prevalent — преобладающий;
- code — кодекс; свод законов;
- by reference — относительно;
- statutory — установленный законом;
- to vary — меняться;
- to guide — руководить, направлять;
- to view — рассматривать;
- to administer — управлять, вести дела;
- treatise — трактат;
- to assume —допускать, предполагать.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: witnesses, law, hearings, practice, civil, judgment, officers, legislators, judicial
Civil Law Systems
Civil law systems do not have any process like the common law _____ of discovery - the search for prior ______ decisions. The trial of a case under civil law also differs from a common law trial, in which both parties present arguments and ______ in open court. In civil law systems the judge supervises the process of trial. Cross-examination of witnesses is rare. A ______ law action consists of a number of meetings, _______, and letters through which testimony is taken, evidence is gathered and _______ is rendered.
Civil law is made by ________ who try to supplement and modernize the codes, usually with the advice of legal scholars. Civil law judges administer the ______, but they don’t create it. Civil law judges are specially trained judicial ______ with a limited authority to interpret law. Juries separate from the judges are not used, although in some cases, benches may be sat by lay judges alongside legally-trained career judges.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
ТОРIC 13: TERRORISM
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
threat, to influence, government, public, political reasons, ideological reasons, violence, damage, explosive, property
Terrorism
Terrorism is the use or threat of action which may influence the government or the public for political, religious or ideological reasons. Terrorism usually involves serious violence against a person’s life or serious damage to property. Terrorism creates a serious risk to the health or safety of the public. Terrorists often use firearms or explosives for their purposes.
An organization is concerned in terrorism if it commits or participates in acts of terrorism, prepares for terrorism or promotes terrorism.
Everybody sees the need for fight against terrorism and its financing. Governments of different countries take measures to intensify cooperation between national administration and police authorities to fight against terrorists.
Peoples of the world see the need for international cooperation to identify funds for terrorist purposes. We should take efforts to prevent all terrorist acts, to weaken terrorist infrastructures. It is also necessary to prevent general criminal activities that often serve to finance terrorism such as trafficking drugs and weapons.
New words:
- to involve — влечь за собой;
- safety — безопасность;
- firearm — огнестрельное оружие;
- to concern — касаться, иметь отношение к…;
- to participate — участвовать;
- to promote — помогать, содействовать;
- to intensify — усиливать;
- funds — денежные средства;
- to prevent — предотвращать;
- to traffick drugs — незаконно ввозить наркотики.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: robbery, inhumane, violence, leaders, to protect, statistics, well-being, serious, weapons, guarantee
Crimes Against Humanity
In the 20th century many grave crimes threatening the peace, security and _____ of the world shocked the humanity. Such _____ crimes must not go unpunished and the world _____ should take measures at the national level to put an end to such ______ acts. It is the duty of every state to exercise its criminal jurisdiction over those responsible for international crime.
______ is a serious problem that faces our society nowadays. Violence has become an accepted way of life in America and in many other places all other the world. According to ______ violent crimes has been constantly risking in Russia lately, too. Many people are afraid to go out when it gets dark though staying at home is not a ______ for safety either.
There are different explanations for this phenomenon. In the USA you can buy all kinds of ______ at gun shops everywhere. So weapons are bought not only by criminals but by citizens ______ themselves. The growth of using drugs is another reason. Teenagers need money to buy drugs so they are ready for ______, burglary and other serious crimes.
The propaganda of violence by mass media makes the situation worse. So it is not surprising that crime record is constantly growing.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 14: THE STATE POWER SYSTEM IN THE RUSSIAN FEDERATION
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
temporary government, permanent government, legislative, executive and judicial branches of power, to elect, federative state, powers, state institutions, to usurp power, the state’s sovereignty, constitutional prerogative, parliamentary majority.
The state power system in Russia
In 1992 – after the Soviet Union broke up – Russia established a temporary government headed by Boris N. Yeltsin. He had been elected president of the R.S.F.S.R. in 1991. After the break-up of the Soviet Union, Yeltsin continued to serve as president of Russia. In December 1993, Russia adopted a new constitution that established a permanent government.
Russia is a democratic federative state based on the rule of law and a republican form of government. State power in Russia is exercised by the President, the Federal Assembly, the Government and the courts.
One of the basic principles of constitutional government is the division of powers. According to this principle power must be divided among the legislative, executive and judicial branches. It requires a clear delineation and a system of checks and balances so that each power can offset the others.
The president of Russia is the chief executive, head of state and the most powerful official. The president is elected by the people to serve a six-year term. The president appoints a prime minister to serve as the head of government. The prime minister is the top-ranking official of a Council of Ministers.
Legally, the President is distanced from all the branches of power, but he is closer to the executive branch. He has the specific constitutional powers as the head of state. The form of government in Russia has some particularities. The party with the majority in parliament could form the government, but the government does not have to be formed according to this principle.
The constitution gives the President a number of powers to influence government’s work. They include approving the structure of the federal executive bodies of power, appointing deputy prime ministers and ministers, the right to preside the government meetings, exercise control over the lawfulness of the government’s actions. The President has the right to dismiss the government or to accept the Prime Minister resignation.
The President works with two consultative bodies – the Security Council and the State Council. The President chairs these two councils.
New words:
- responsibility — ответственность;
- to break up — прекращать, расходиться;
- to establish — основывать;
- delineation — описание;
- a system of checks and balances — система сдержек и противовесов;
- Council of Ministers — Совет Министров;
- particularity — особенность;
- lawfulness — законность;
- the Security Council — Совет Безопасности.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: was divided, government, elected, position, administrative, areas, voters, is governed, candidate, political, ballots.
Moscow Government
Moscow ______ by a City Council of about 500 deputies ______ to five-year terms. Each deputy represents an election district called a ward.
Before 1990, only one ______ ran for election in each ward. The candidate was elected unless most ______ crossed his or her name off the ballot. In the March 1990 city election, two or three candidates could run for each ______ on the City Council.
Candidates from opposing ______ organizations were nominated by individuals or groups. Voters crossed the name of the candidates they opposed off the ______. A candidate had to receive at least 50 percent of the vote in his or her ward to win. In cases where no candidate received 50 percent, a runoff election was held.
Before 1991, members of the City Council elected one deputy to be chairman, or mayor. In June 1991, the people of Moscow elected their mayor directly. Later in 1991, the executive branch of the city government was reorganized. Moscow ______ into 10 administrative districts.
Each ______ district is headed by a prefect who is appointed by the mayor. The prefects and their staffs administer city services and policies in their ______. Moscow is also divided into local districts. Each district ______ is responsible for local affairs.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 15: CRIMINAL LAW
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
crime, offence, defendant, punishment, to investigate crimes, prevention of the crime, safety, criminal courts, criminal statutes, public welfare, property, presumption of innocence.
Criminal law
Criminal law is the branch of law that defines crimes and fixes punishments for them. Criminal law includes rules and procedures for preventing and investigating crimes, prosecuting criminals and the regulations of courts, police forces and penal institutions.
In general, the criminal law of modern states classifies crimes as offences against the safety of the state, offences against the public welfare, offences against property, and offences threatening the lives or safety of persons.
The state and certain organizations have responsibility for crime prevention, for bringing the criminals to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law.
Defenses exist to some crimes. A person who is accused may in certain circumstances plead they are insane and did not understand what they were doing, that they were not in control of their bodies, they were intoxicated, mistaken, acted in self-defense or were provoked. These are issues to be raised at the trial.
England doesn’t have a Criminal Code, though such an enactment has been often recommended. Criminal procedure begins with a formal criminal charge and results in the conviction or acquittal of the defendant. Currently, in many countries with a democratic system criminal procedure puts the burden of proof on the prosecution. The prosecution must prove that the defendant is guilty beyond any doubt. This provision, known as the presumption of innocence, is required in 46 countries that are members of the Council of Europe. In practice it operates differently in different countries.
New words:
- to prosecute — преследовать судебным порядком;
- prosecution — обвинительная сторона в суде; обвинение;
- penal institutions — исправительные учреждения;
- convicted offenders — осужденные преступники;
- to apply — применять;
- to plead — делать заявление;
- circumstances — обстоятельства;
- to be provoked — быть спровоцированным;
- enactment — закон, указ;
- acquittal — оправдание (обвиняемого);
- burden of proof — неоспоримость доказательства.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian:
statutes (2), existed, executed, to discourage, Communist, writing, against, sovereign, crime, words, military
Treason in English Law and US History
Two grades of treason ______ in early English law: high treason, which was directed ______ the Crown, and petty treason, which consisted of a ______ against a subject, such as a wife killing her husband, or a servant murdering his master.
In early English ______ the most serious offences were compassing or imagining the death of the ______, adhering to the sovereign’s enemies and giving them aid and comfort, and levying war against the sovereign. ______ were changed from time to time between the reign of Edward III and that of Elizabeth I. After the Restoration the Stuart judges used “constructive treason” ______resistance to the Crown. They extended the offences to include ______ as well as deeds. In 1663, a writer was convicted of treason for ______ an article suggesting that the king was accountable to the people.
Treason – criminal offense involving the attempt, by open acts, to overthrow the government to which the offender owes allegiance, or to betray the state to a foreign power. The first Americans convicted and ______ for treason in peacetime were the engineer Julius Rosenberg (1918-53) and his wife Ethel Rosenberg (1915-53). They, both the members of the ______ party, were found guilty in 1951 of transmitting atomic _______ secrets to a Soviet spy. After several appeals to the U.S. Supreme Court and and a refusal of clemency by President Eisenhower, the Rosenbergs were executed at Sing Sing Prison in Ossining, N.Y.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 16: COMMON LAW
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
case law, precedent, decision of the court, common law system, judicial decision, statute, unwritten law, case-by-case decision, general customs, to define the law
Common law
Common law or case law refers to unwritten law system in Great Britain which is generally derived from cases decided by courts and not from a statute. Common law has been administered in the courts of England since the Middle Ages; it is also found in Canada, the US and in most of the British Commonwealth.
The common law is based on the principle of deciding cases by reference to previous judicial decisions, rather than written statutes drafted by legislative bodies. The main principle of that system is to consider unfair to treat similar facts differently on different occasions. General rules or precedents are guidelines for judges deciding similar cases.
Common law system can be contrasted to the civil-law system, based on ancient Roman law, found in continental Europe. Civil-law judges decide cases by referring to statutory principles, common-law judges focus on the facts of specific case and similar previous cases. These case-by-case decisions are used again and again in similar cases and become customary, or common to all people living under the authority of the court of law. However, sometimes judges may reveal new and different facts, such as changing social or technological conditions. A common-law judge is then free to depart from precedent and establish a new rule or decision, which sets a new precedent and will be used by judges in other cases. So, judges continue to shape and guide the future development of English law, drawing on the flexibility of principles of common law tradition.
New words:
- to be administered — совершаться, отправляться (о правосудии);
- British Commonwealth — Британское Содружество Наций;
- by reference — относительно, касательно;
- to consider unfair — считать несправедливым;
- occasion — случай, событие;
- guideline — ведущий принцип;
- to focus — сосредоточиться;
- customary — традиционный;
- to reveal new facts — обнаруживать новые факты;
- flexibility — гибкость;
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with words given below, translate the text into Russian: highest-ranking, evidence, process, decision, legislation, court, judgment, judge, experience, disputes
Common Law System
The common-law system allows judges to look to other jurisdictions or to draw upon past or present judicial ______ for analogies to help in making ______. This flexibility allows common law to deal with changes that lead to unanticipated controversies. At the same time, common law ______ is provided by certainty, uniformity, and predictability.
Under a common-law system ______ are settled through an exchange of arguments and ______. Both parties present their cases before a neutral fact finder, either a judge or a jury. The ______ or jury evaluates the evidence, applies the appropriate law to the facts, and renders a ______ in favor of one of the parties. Following the decision, either party may appeal the decision to a higher ______. Appellate courts in a common-law system may review only findings of law, not determinations of fact.
Under a common-law system, all citizens, including the ______ officials of the government, are the subject to the same set of laws, and the exercise of government power is limited by those laws. The judiciary may review ______, but only to determine whether it conforms to constitutional requirements.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 17: INTERNATIONAL LAW
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
nation, relations between states, international organization, citizens, matters of law, concept of law, obligation, convention, agreement, legal obligation, international community
International law
Traditionally, International Law includes rules and principles regulating relations between states and individuals, and relations between international organizations. There are two types of International Law: Public and Private.
Public international law deals with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private international law deals with arguments between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law is uncertain. Issues of private international law may implicate issues of public international law.
International Law includes the basic, classic concepts of law in national legal systems – status, property, obligation and tort. It also includes substantive law, procedure, process and remedies. The following are major substantive fields of International Law: International Economic Law; International Security Law; International Criminal Law; International Environmental Law; Diplomatic Law; International Humanitarian Law or Law of War; International Human Rights Law.
Traditionally, states were the main subject of international law. Individuals and non-state international organizations have also become subject to international regulation.
International law imposes upon the nations certain duties with respect to individuals. However, in the absence of a specific agreement an individual can not bring the complaint. Only the state of which he is a citizen can complain of such a violation before an international tribunal.
New words:
- uncertain — неопределенный;
- to implicate — вовлекать;
- status — гражданское состояние;
- property — право собственности;
- obligation — обязательство;
- tort — гражданское правонарушение;
- substantive law — материальное право;
- remedies — средства судебной защиты;
- to impose — возлагать;
- International Security Law — право международной безопасности;
- International Humanitarian Law — международное гуманитарное право.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: situations, form, follow, obligations, rules, principle, legal, international
Sources of International Law
The primary sources of international law are customary and conventional law. Customary international law results when states ______ certain practices generally out of a sense of ______ obligation. Recently the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may take any ______ that the contracting parties agree upon. Agreements may be made in respect to any matter except such cases when the agreement conflicts with the ______ of basic standards of international conduct or ______. International agreements create law for the parties of the agreement. They may lead to the creation of customary international law when they are generally accepted. Customary law and law made by ______ agreements have equal authority as international law.
The secondary source of international law is general principles common to systems of national law. There are ______ where neither conventional nor customary international law can be applicable. In this case a general ______ may be taken as a rule of international law because it is a general principle common to the major legal systems of the world.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 18: JUDICIAL SYSTEM OF THE
RUSSIAN FEDERATION
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
legal basis, judicial reform, constitutional courts, military courts, arbitration courts, normative acts, general jurisdiction, economic disputes, Justice of Peace, judicial protection, to exercise justice, legislative initiative
Judicial system of the Russian Federation
The existing judicial system of the Russian Federation was formed and is developed as a result of a judicial reform carried out in Russia from the beginning of the 90s with the purpose to create and maintain the judicial power in the state mechanism as an independent branch of power, free from political and ideological basis. Independent law courts are an important component of a democratic state based on a rule of law.
The Constitution of the Russian Federation of 1993 became the main legal basis for the introduction of the judicial reform. According to the Constitution the state power in the Russian Federation should be exercised on the basis of its division into legislative, executive and judicial powers, and all these branches should be independent.
The judicial system of the Russian Federation consists of:
The system of general jurisdiction courts has the following structure:
The Supreme Court of the Russian Federation is the supreme judicial body for all courts of general jurisdiction, both civil and military.
Justices of the Peace are judges of the subjects of the Russian Federation and form an integral part of the system of courts of general jurisdiction. The reestablishment of the institute of Justices of Peace in Russia in 2000 is an important step in the course of development of the judicial and legal reform and provides for more operative and accessible protection for the citizens of the country. The Justices of the Peace are included into the structure of general jurisdiction courts. The law entrusts the Justices of the Peace with functions and duties equal for all the judges of Russia.
New words:
- ideological bias — идеологическая подоплека;
- to be determined — быть определенным;
- subjects of the Russian Federation — субъекты РФ;
- compliance — согласие, соответствие;
- procedural forms — процедурные формы;
- tier — звено;
- reestablishment — реорганизация;
- to entrust with functions — вверять функции;
- to empower — уполномочивать;
- accessible protection — доступная защита.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: instance, interest, judicial, lower, acts, supervises, justices, tier, jurisdiction
The Supreme Court and its Functions
The Supreme Court of the Russian Federation is the supreme ______ body for civil, criminal, administrative and other cases under the jurisdiction of courts of general ______, carries out judicial supervision over their activities according to federal procedural forms and provides clarifications on the issues of proceedings. It heads the judicial system of general jurisdiction, representing a supreme ______ of this system.
The Supreme Court of Russian Federation has the right of the legislative initiative. It ______ as a court of first instance for cases of special importance or special public ______.
The Supreme Court of the Russian Federation is a cassation ______ in relation to the federal courts of general jurisdiction of republics or oblast.
The Supreme Court of the Russian Federation ______ legality, validity and substantiality of sentences and other decisions of courts of ______ level.
The Supreme Court is composed of its Chief Justice, the chief deputy and deputies of the Chief Justice, the ______ of the Court and People assessors.
The Supreme Court of the Russian Federation has the following structure:
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 20: RUSSIA’S NATIONAL SECURITY SYSTEM
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
national security, the Armed Forces, military formations, federal organs, legislation, secure conditions, constitutional rights and freedoms, sovereignty, internal and external needs, stable development
System of National Security in Russia
System of national security is the forces and means which ensure national security. The forces of national security are the Armed Forces of the Russian Federation, other troops, military formations and bodies which under federal legislation are designated as engaging in military and law enforcement service. They are federal organs of state power which participate in the provision of national security on the basis of legislation of the RF. The means of national security are technologies and technical, programming, linguistic, legal resources, including telecommunications channels which are used to collect and receive information on the status of national security.
The main directions of the national security of the RF are the strategic national priorities intended to create secure conditions for the realization of Russian citizens’ constitutional rights and freedoms, the stable development of the country and the preservation of the territorial integrity and sovereignty of the state.
The national security strategy of the RF employs the following concepts:
New words:
- forces and means — силы и средства;
- to ensure — обеспечивать;
- provision of security — обеспечение безопасности;
- priorities — приоритеты;
- preservation — сохранение;
- threat — угроза;
- appropriate quality of life — достойное качество жизни;
- aggregate — совокупность;
- possibility of damage — возможность разрушения.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian: cooperation, national, defense, security, element, relations, world, development, consist of, bodies
The Russian Federation on the World Stage
The Russian Federation has sufficient potential to create conditions conductive to its consolidation among the leaders of the ______ economy, on the basis of effective participation in global division of labor, improved ______ economy, defense potential and the level of state and social security.
The Russian Federation constructs international ______ based on the principles of international law, and on the institution of reliable and equal security of states. For the _____ of its national interests, Russia implements a rational and pragmatic foreign policy which excludes expensive confrontation and a new arms race.
Russia considers the United Nations and the Security Council of the United Nations as a central ______ of a stable system of international relations. The main basis of this system is respect, equal rights and cooperation among nations. The main national ______ priorities of the Russian Federation are national defense, state and social security. In order to ensure national security, Russia concentrates its efforts on the ______ of the economic potential of the country and the effectiveness of the system of national security.
The strategic goals of national defense ______ preventing global and regional wars and conflicts. The main principle of Russian security policy is non-military response, mechanisms of public diplomacy, peacekeeping and international military ______.
The long-term state policy of our country in the area of national defense includes the improvement of the Armed Forces, other troops, military formations and ______ called upon to ensure the security, sovereignty and territorial integrity of the state.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
TOPIC 20: KINDS OF CASES
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
corporations, government, agencies, civil case, criminal case, defendant, judge, jury, evidence, to prove the case, clerk of court, complaint.
Kinds of Cases
There is civil and criminal division of cases. Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, party bringing the suit is asking for money damages for some wrong that has been done. For example, people who have been injured may sue a person or a company they feel is responsible for the injury. The party bringing the suit is called the plaintiff; the party being sued is called the defendant.
The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is, that the plaintiff’s version of what happened in the case is more true than not true.
A criminal case is brought by the state or by a city or county against a person accused of having committed a crime. The state, city or county is called the plaintiff, the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume his innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.
New words:
- suit — тяжба, судебное дело;
- to bring a suit — предъявить иск;
- to be injured — пострадать от чего-либо;
- to sue a person — преследовать человека в судебном порядке;
- plaintiff — истец;
- extent — степень, мера;
- burden of proof — бремя доказывания;
- preponderance of evidence — веские доказательства;
- charge — обвинение;
- to prove the case — доказать свою правоту;
- beyond any doubt — вне всяких сомнений.
Questions to the text:
Exercise 2. Translate the following sentences into Russian:
Exercise 3. Fill in the gaps with the words given below and translate the text into Russian:
arguments, lawyer, other, picture, duty, summarize, verdict, fair, objection, evidence.
What Happens During the Trial
During the trial the lawyers for each side usually discuss their views of the case and present a general _______ of what they intend to prove about the case. Then all parties are entitled to present _______. Evidence may also take form of physical exhibits, such as a gun or a photograph. Many times during the trial the lawyers may make objections to evidence presented by the ______ side or to questions asked by the other _______. It is up to the judge to decide whether each objection was valid or invalid. If the objection is not valid, the judge overrules the _______.
Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a _______. A copy of the instructions is sent to the jury room for the use of jurors during their deliberations.
Then the lawyers in the closing arguments _______ the case from their point of view. They discuss the evidences presented, the judge’s instructions and give their ________.
Then the jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. They elect a foreman. His ______ is to see that the discussion is conducted in a sensible fashion, that all issues are fairly discussed, that every juror is given a _______ chance to participate. When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict.
Exercise 4. Work in pairs and discuss the following questions:
Exercise 5. Translate from Russian into English:
задания для самостоятельной работы
на усвоение профессиональной лексики
И РАЗВИТИЕ НАВЫКОВ УСТНОЙ РЕЧИ
TOPIC 1. WHAT IS LAW?
Text 1
The definition of Law
Exercise 1. Read the text and answer the following questions:
The English word 'law' refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example, the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive, of course.
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 institutions, such as religious, educational and cultural groups. And some are precise laws made by nations and enforced against all citizens within their power.
Customs need not to be made by governments, and they need not be written down. We learn how we are expected to behave in society through the instruction of family and teachers, the advice of friends, and our experiences in dealing with strangers. Sometimes, we can break these rules without suffering any penalty. But if we continually break the rules, or break a very important one, other members of society may ridicule us, act violently toward us or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually called customs.
Order is rich with meaning. Let's start with «law and order». Maintaining order in this sense means establishing the rule of law to preserve life and to protect property. To the seventeenth-century philosopher Thomas Hobbes (1588—1679), preserving life was the most important function of law. He described life without law as life in a 'state of nature'. Without rules, people would live like predators, stealing and killing for personal benefit.
Members of every community have made laws for themselves in self-protection. If it were not for the law, you could not go out in daylight without the fear of being kidnapped, robbed or murdered. There are far more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone. Even if we were all as good as we ought to be, laws would still be necessary. How is one good man in a motorcar to pass another good man also in a motorcar coming in an opposite direction, unless there is some rule of the road?
Suppose you went to a greengrocery — and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle.
Every country tries, therefore, to provide laws, which will help its people to live safely and comfortably. This is not at all an easy thing to do. No country has been successful in producing laws, which are entirely satisfactory. But the imperfect laws are better than none.
Exercise 2. Give the English equivalents for the following:
Text 2
Legal Systems
Exercise 1. Read the text and answer the following questions:
Law always operates within a legal system. There is no universal law. Within the United Kingdom there are three legal systems, one for England and Wales, one for Northern Ireland and one for Scotland.
What this means is that each jurisdiction has its own laws and courts. Although the House of Lords is the highest court for each of these jurisdictions it is regarded as a different court when hearing appeals from Scotland and Wales. It is usual for separate legal systems to have a separate source of law but Parliament is the source of legislation for each of three areas in the United Kingdom. There is even a legal system which governs the dealings of all countries one with another - this is referred to as «international law», and although it has some application to individuals (the war criminals convicted at Nurenberg and Tokyo in 1946 were tried under international law), it governs generally the liability of entire countries. There is little that can be done by courts administering international law to compel a country to behave in accordance with the law, the only sanction in international law arises from disapproval from other countries.
Exercise 2. Give the English equivalents for the following:
Text 3
Disobedience to Law
Exercise 1. Read the text and answer the following questions:
In the normal course of events one may assume that there is an obligation to obey the law. But one should consider that there is a right or, even a duty, to disobey. Let us consider the position of a concentration camp guard making people go into gas chambers.
If he disobeyed, he broke the military law to which he was subject. But wouldn't you have wanted him to disobey that terrifying law?
It is sometimes said that we should evaluate the law against our own morality and decide whether or not to obey or enforce it. There may be such a law that the people are prepared to be punished rather than obey it. This is called an act of conscientious refusal. A pacifist who refuses to take part in war at all, or the Americans who refused to join the army when called up for the Vietnam war, were engaged in conscientious refusal. Conscientious refusal is generally directed at the particular law of which the person disapproves. In contrast to this there are occasions on which people disobey one law in order to draw attention to what they regard as iniquity. This is civil disobedience. Typically, demonstrators against nuclear weapons may obstruct a highway in order to draw attention to what they regard as the error made by those who possess them. There are degrees of disobedience — some people will only engage in passive disobedience, while others believe that in some cases it is permissible to use violent disobedience. Such a case may have been that of South Africa, where one may have accepted that the whole system of apartheid is part of the legal system but regard that system as so terrible that violence is permissible to overthrow it and believe that the sort of blame which we normally give to lawbreakers should not be given to persons violently engaged in the overthrow of an unjust system.
Exercise 2. Give the English equivalents for the following:
TOPIC 2. HISTORY OF ENGLISH LAW
Text 1
Common Law
Exercise 1. Read the text and answer the following questions:
Before the Norman conquest there was no strong government capable of doing systematic development of law throughout the whole country. Laws varied from one place to another according to the laws and customs of various tribes which had conquered different areas of the country. Then with the Normans in 1066 came strong centralised system based in London but administering the same law in the whole country. The new system of laws was known as the «common law» because the same legal rules were common to the whole country.
Disputes involving the common law held in royal courts and the supervision of the King and the whole system supported the new social order of «feudalism». Feudalism was concerned with an order of society based on land-holding (only the king could own land). The more land a person held, the more powerful he was. Each person held land in return for service or other. One person might hold his land in return for supplying soldiers to his landlord, another in return for corn. At the top of the whole feudal system was the king. The king and his chief ministers were sure that the law should help them keep their power. As a result they had strict control over law and the courts and used it to prevent «the watering down» of feudalism by not allowing people to leave their land in wills or make gifts of land. This led to great rigidity in the common law which often resulted in injustice. The main defects in early common law were:
a) it was inflexible;
b) it would only recognize money compensation as a penalty;
c) witnesses could not be compelled to come and give evidence by common-law courts;
d) no one could leave land in a will or make a gift of land;
e) it was slow and expensive.
Exercise 2. Give the English equivalents for the following:
Text 2
The Development of Equity
Exercise 1. Read the text and answer the following questions:
People became very unhappy with the common law and its courts. They began to petition the king directly for justice. He passed the cases on to his Lord Chancellor who allowed great flexibility in arriving at his decision. As the early Chancellors were usually churchmen, many cases were decided according to Christian morals and each Chancellor had his own ideals of what was fair. The law administered by the Lord Chancellor became known as «equity» and it was administered in a separate court called the Chancery Court. This new system, equity, offered advantages over the common law:
a) its greater flexibility, wider choice of remedies;
b) new concepts, such as mortgage and the trust;
c) witnesses could be forced to attend court and give evidence;
d) relief was given for fraud;
e) justice could be obtained with greater speed and efficiency. Equity was seen as a gloss on common law. Without common law and all its defects equity would not have been necessary, yet it was settled in the time of James I that if there were any conflicts between the rules of equity and those of common law on a matter, then equity should prevail. This principle was embodied in the Judicature Acts 1873-5.
Exercise 2. Give the English equivalents for the following:
TOPIC 3. LAW SYSTEM: INTERNATIONAL OR DOMESTIC
Text 1
International comparisons
Exercise 1. Read the text and answer the following questions:
In some countries such as France (where there are 9 jurors), the judges and jurors decide the case together. In the United States juries decide if the defendant is guilty but sometimes also have a say in what punishment he should receive. Before World War II, Japan also had a jury system, but it was often criticized for the ease with which jurors could be bribed. Now Japan, like South Korea, is a rare example of a modern industrialized country where jurors are not used: all decisions are made by professional judges.
Most countries have special rules for young defendants. Children under ten cannot stand trial at all under English law. Juveniles (those under seventeen) are dealt with in special Magistrates Courts known as Juvenile Courts.
A defendant found guilty by the magistrates may appeal against the finding or against the punishment to the local Crown Court, and the Crown Court judge will hear the appeal without a jury. If a defendant has good reason to believe the magistrates have made a mistake about a point of law, then he may appeal to the High Court. The appeal system is mostly for the benefit of the defendant, but there are cases of the prosecution successfully appealing for a more severe punishment. In Japan it is even possible for the prosecution to appeal that a non-guilty decision be changed to guilty.
Appeals from the Crown Court go first to the High Court and, in special cases, to the Court of Appeal. Occasionally, a case is carried through this system of appeal all the way to the House of Lords.
In many countries, such as Japan and United States, the highest juridical decisions are made by a Supreme Court. Its members are appointed from the lower courts by the government.
Exercise 2. Give the English equivalents for the following:
Text 2
Law system in Great Britain
Exercise 1. Read the following text and find the answer to the questions:
British law is divided into two parts — civil and criminal. There are also two types of courts — dealing with civil jurisdiction and the other, with criminal jurisdiction. The law of Britain distinguishes offences into main categories: a) indictable offences and b) non-indictable offences. Indictable offences are the more serious crimes, which must be tried before a jury. Non-indictable offences are all the rest and they are tried by the Magistrates' Court. However, nowadays there are many offences which may either be treated on indictment by a jury or by a Magistrates' Court. When a person is brought before the magistrates' Court charged with one of the overlapping offences, the court may in many cases treat the charge as being for a non-indictable offence. The principal courts of ordinary criminal jurisdiction in England and Wales include:
Text 3
Law system in the USA
Exercise 1. Read the following text and find the answer to the questions:
The third branch of government is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.
The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the «power of judicial review,» that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.
Exercise 2. Give the English equivalents for the following:
TOPIC 4.THE LEGAL PROFESSION
Text 1
The legal profession
Exercise 1. Read the following text and answer the following questions:
Although many kinds of people working in or studying legal affairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained.
Most countries have different groups of lawyers who each takes 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. Solicitors have also a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister to 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 solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents.
If a person has a legal problem, he will go and see a solicitor. In fact there are at least 50,000 solicitors in Britain, and the number is increasing.
Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts. He prepares the case and the evidence. He actually speaks in Court for you.
In a civil action he can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes.
A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a will the best man to advise you is a solicitor.
Barristers are different from solicitors. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in Court). Indeed, if you desire representation in any Court except the Magistrates' Court, you must have a barrister.
Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers often in London. They belong to the institutions called Inns of Court, which are ancient organizations rather like exclusive clubs.
In the USA the Justice Department is responsible for the faithful execution of the laws under the President's authority. The main administrators of federal law enforcement are the ninety-four U.S. attorneys, who are appointed by the President with the advice and consent of the Senate.
There is a U.S. attorney in each federal judicial district. Their stuffs of assistant attorneys vary in size with the amount of litigation in the district. U.S. attorneys have considerable discretion, which makes them powerful political figures. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of the individuals and organizations in the district.
Exercise 2. Give the English equivalents for the following:
Text 2
Entering the profession
Exercise 1. Read the text and answer the following questions:
How does someone become a lawyer?
In some countries in order to practice as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, it is not in fact necessary to have a degree, although nowadays most people entering the profession do. The main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitor). Someone with university degree in a subject other than law needs first to take a preparatory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, lawyers will tell you that the time they spent studying for their law finals was one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized. In Japan, where there are relatively few lawyers, the examinations are supposed to be particularly hard: less than 5 percent of candidates pass. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an articled clerk, during this time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.
The rate at which the legal profession grows is terrific. In the 21st century the number of lawyers will probably outpace the rate of population growth.
Why is the career in law so popular? In the USA the average salary of experienced lawyers in private practice is more than $100,000.
Lawyers' salaries are substantially greater than those of many other professionals. The glamour of legal practice strengthens the attraction of its financial rewards.
Exercise 2. Give the English equivalents for the following:
TOPIC 5. PERSONNEL OF THE LAW
Text 1
Solicitors
Exercise 1. Read the text and answer the following questions:
People with legal problems usually go initially to a solicitor, who unlike a barrister, can deal directly with the public. Most solicitors begin their careers with a degree, usually in law, from a recognised university followed by a year in a specialised law school run by Law Society.
Then follows two years' practical experience in «articles» with a solicitor. This intensive training qualifies a person as a solicitor, but young solicitors are required to follow refresher courses in specialised subjects from time to time.
Most solicitors need to be efficient business people. They work from an office, usually in partnership with a back-up service of clerks and legal executives. Legal executives are special clerks who receive specific training for legal work. The bulk of a solicitor's work consists of transfers of land and houses, divorce and family work, criminal work and wills.
Under the Police and Criminal Evidence Act 1984, duty solicitors are required to be available to advise people who have been detained by the police and who have a right to consult a lawyer. Solicitors operate the scheme on a rota basis and the advice they provide is paid for by the legal aid fund. Such advice is available free of charge to the client. The Law Society envisaged problems in introducing such a comprehensive scheme of duty solicitors to be available day and night.
The body which governs the training and discipline of solicitors is the Law Society.
Exercise 2. Give the English equivalents for the following:
Text 2
Barristers
Exercise 1. Read the text and answer the following questions:
The number of barristers more than doubled between 1963 and 1979. The entry to the profession is restricted by the requirement that all intending barristers must have a second class honours degree from a recognised university. This is followed by a one-year course at the Inns of Court School of Law, where the emphasis is on practical aspects of advocacy and the study of academic subjects. All intending barristers must join an Inn of Court where they are required to keep term by dining at their Inn with other students, barristers and judges. It is at the Inn of Court that the student becomes acquainted with the customs and practices of barristers and learns to behave as barristers are expected to behave.
After the Bar final examinations, a student must find a pupillage in chambers, where he is attached to an experienced barrister and attends court with him for 12 months, learning his profession. The pupil can earn nothing for the first six months of pupillage and even after that the money comes in very slowly. When pupillage is complete, a barrister needs to find a permanent place to practise.
Costs of initial entry to the profession amount to almost £1500 (tuition fees), Inn fee, examinations, dinners, wig and gown. Barristers work in offices called «chambers» with other barristers and a clerk. The majority work in London, but there are chambers in most major provincial cities. Traditionally, the most important aspect of the barrister's work is advocacy, or speaking in court presenting the facts of cases and legal arguments. Barristers also draft documents connected with pre-trial work and write opinions for solicitors on points of law. The client cannot deal directly with a barrister. Everything must be done through the solicitor who acts as a middleman, briefing the barrister by instructing him on the facts of his client's case and also paying the barrister his fee.
A successful barrister can rise quickly through the ranks of the profession and become a QC after about 15 years in practice. A QC is a highly successful barrister who is chosen by the Lord Chancellor from a number of other applicants to be appointed «Queen's Counsel». These barristers usually deal with the most important and difficult cases. Secret records are kept of the career progress of all barristers to help the Lord Chancellor to decide who should be appointed as a QC.
Exercise 2. Give the English equivalents for the following:
Text 3
Judges
Exercise 1. Read the text and find the answer the following questions:
British judges are all appointed from members of the legal profession. For many years judges were selected from the ranks of barristers, but now» solicitors are allowed to be appointed as circuit judges too. It will mean that more people will be available for selection.
The Lord Chancellor is responsible for appointing judges, making recommendations to the Queen, usually through the Prime Minister. The process by which decisions are made is kept secret but records are kept about all barristers throughout their careers and are used when appointments are made, to provide necessary information. The staff at the Lord Chancellor's office carries out the research appointments. His three guiding principles are: accountability to Parliament, freedom from party politics and the need to preserve the integrity and impartiality of judges. It is the work of a judge to:
a) supervise the conduct of trials;
b) make decisions on matters of law, evidence and procedure and interpret statutes;
c) in criminal cases to sum up the case to jury and give them guidance;
d) in criminal case to pass sentence on people who have been convicted;
Exercise 2. Give the English equivalents for the following:
Text 4
The Jury
Exercise 1. Read the text and find the answer the following questions:
The jury is a panel of people, usually 12 in number, who listen to both sides of a case and arrive at a decision on the facts which are presented to them. For centuries the jury has been regarded as extremely important, particularly in criminal cases. Jurors are selected at random from the electoral register. Certain people are disqualified from jury service. They include:
a) people who have at any time been sentenced to imprisonment or youth custody for five years or more;
b) people who have at any time in the past years been sentenced to at least 3 months' imprisonment, youth custody, probation or community sentence. There are people who are ineligible for jury service: lawyers, judges, clergymen and the mentally ill. Excused as of right are people with important business, doctors and dentists. Other people may be excused on request. These include students sitting examinations, mothers with young children, people who have certain disabilities and men and women with a poor grasp of the English language.
The jury is required to sit quietly during the trial and to listen carefully to the speeches of counsel, to the presentation of the evidence and to the cross-examination of witness making notes if necessary. They are often given documents, photographs and other pieces of evidence to examine and theoretically jurors can ask questions. It is important for jurors to listen attentively to the judges' summing up and directions addressed to them. The jury will then retire to the jury room to reach a verdict. They elect one of their number as foreman. Once a verdict has been arrived at, the jury will re-enter the court and the foreman will state their decision.
Exercise 2. Give the English equivalents for the following:
Text 5
Magistrates
Exercise 1. Read the text and answer the following questions:
Magistrates play an extremely important part in the administration of justice. Although most magistrates (justice of the peace or JPs) are not legally qualified they deal with 97% of all criminal cases heard each year. As there are only 500 full-time judges as compared with more than 25000 magistrates, it is clear that the British legal system would be unable to operate effectively without them. Indeed, magistrates have existed since 1361, though their function has changed somewhat over the years from a policing and administrative function to that of judging.
Magistrates must live within 15 miles of the area to which they are appointed. The following people will not be appointed:
a) people over 60;
b) people, convicted of certain offences;
c) bankrupts;
d) some disabled, deaf or blind people;
e) a member of the police force;
f) a serving member of armed force;
g) a close relative of a person who is already a magistrate in the same place;
h) a traffic warden;
i) any person whose work would be incompatible or in conflict with the duties of a magistrate.
Magistrates must be British subject and should be of suitable character for the job.
The Lord Chancellor is responsible for appointing magistrates, but he does so on the recommendation of the 100 local advisory committees. Since 1966 newly appointed magistrates receive a basic compulsory training during which they learn about their duties and about sentencing. All matters of law are left to the magistrates clerk. They also spend some time observing other JPs at work in court. After 12 months magistrates receive a further period of training in which particular attention is paid.
Exercise 2. Give the English equivalents for the following:
TOPIC 6. SOME ASPECTS OF CRIMINAL LAW
Text 1
Function and Nature
Exercise 1. Read the text and answer the following questions:
The most serious interferences which can lawfully be made with any individual's freedom are those which are permitted by the criminal law. Under the criminal law, we can be imprisoned, lose our property or even our lives (theoretically only, since although the death penalty is still the mandatory penalty for treason and piracy with violence, the practical possibility of someone being hanged finished with the Murder - Abolition of Death Penalty Act 1965). The rules about what is and what is not a crime and what will provide a defence to a crime confer powers upon the police to hold persons without charge and to search them and their property in an attempt to find evidence or secure a confession. Powers of this «sort are said to be justified because their existence is a guarantee that those who would voluntarily obey shall not be sacrificed to those who would not.
The criminal law exists to protect various interests, most obviously those in life, limb and property. It seeks to achieve this by punishing people. There is much debate as to the function of punishment. In the past a number of things have been crimes under English law which does not harm anyone, except perhaps the perpetrator, because they are thought to be morally wrong. Thus until 1961 it was a crime in England to commit suicide. This had, of course, no significance where there was a suicide, but because suicide was a crime it followed that attempted suicide was a crime.
A group called libertarians take the view that what someone does in such a way as to affect only himself or herself should never be the business of the criminal law.
In contrast a group of people whom we might call moralists, say that it is very much the law's business to enforce a particular set of beliefs about what is right and wrong in personal conduct.
A third approach to the question of legal intervention into private behaviour comes from the paternalists. They say that the law should not necessarily intervene to prevent something because it is immoral, but there are occasions when intervention is justified because «the State knows best».
The debate is unresolved. During two historical periods (1957-59 and 1964-67) there was passed a good deal of liberal legislation but the most recent report of the Criminal Law Revision Committee seems to involve a trend back towards moralism.
Exercise 2. Give the English equivalents for the following:
Text 2
General Principles of Criminal Liability
Exercise 1. Read the text and answer the following questions:
There is a general requirement that in order to be criminally responsible the defendant must have done something, rather than been something or had something done to him or her. The definition of the crime will specify what «the act» is. Liability is generally imposed upon «acts» but not upon «omissions». No liability is imposed for doing nothing. It applies to the common law and to the Construction of statutes, but there are exceptional cases where a duty to act is imposed. They are as follows:
a) duty to act imposed by statute or other public duty. There are specific offences which impose a duty to act: to fail to provide for a child in one's care, to fail to provide a specimen of breath when lawfully requested or for a policeman on duty to fail to act to prevent crime;
b) duty to act imposed by contract, an undertaking of responsibility or close relationship. Liability has been imposed for manslaughter where defendants have failed to take care to fulfil their contracts of employment or to take care for those who are helpless or a close relative;
c) duty to act imposed because of prior conduct. If a defendant accidentally sets in train a series of events leading to a particular harm and then fails to avert the harm, criminal liability can be imposed;
Exercise 2. Give the English equivalents for the following:
Text 3
Defences
Exercise 1. Read the following text and find the answer to the questions:
1. What is a general requirement to be criminally responsible?
2. What is liability imposed upon?
3. Arrange all types of defences according to their priorities.
There are a number of defences which apply to all crimes.
There is a set of defences in which a defendant admits to having invaded an interest generally protected by law, but claims that it was done responsibly in such circumstances that the State should encourage or at least tolerate such behaviour. Such justifications are:
a) Carrying out an order of the court. If someone is sentenced by a court to be imprisoned, the prison warders must have a defence to a charge of false imprisonment.
b) Prevention of crime and lawful arrest. Under s.3 of the Criminal Law Act 1967 a person is entitled to use such force as is in all the circumstances reasonable to prevent crime, or to effect or assist in arrests, or to detain people unlawfully at large. Whether or not the amount of force used is reasonable is a question of fact for the jury.
c) Private Defence. A person is entitled to use such force as is reasonable in the prevention of harm to himself or herself or others or to his or her property. The use of force need not be entirely spontaneous if it is reasonable.
d) Consent. Consent is a defence to every crime with a victim with some exceptions provided by statute and some by common law. A valid consent cannot be given to be killed or to have imposed any harm save where the harm falls within the exceptions.
e) Necessity. Since 1987 the Court of Appeal has appeared to be prepared to recognise a defence of necessity.
f) Impossibility. There is a case to be made out for a defence of impossibility. The argument is that if the law purposes to create a duty, compliance with which is totally impossible, then it cannot be creating a duty at all and that you can ignore it. It is not clear whether English law does recognise such a defence.
g) Unknown justification. One issue is of theoretical importance is whether the defendant must know of circumstances which give rise to a defence, or whether it is sufficient that the circumstance exists.
Exercise 2. Give the English equivalents for the following:
Text 4
Excuses
Exercise 1. Read the text and answer the following questions:
Justified conduct is conduct for which a defendant is responsible but which is tolerated or encouraged. Excused conduct is wrongful conduct for which a defendant is not responsible. In criminal law there are significant distinctions between excuses and justifications:
a) force may be used in private defence against excused conduct. It may not be used against justified conduct;
b) there can be no liability for aiding and abetting a justified act: there can be liability for aiding and abetting an excused act;
c) an excuse must cause the defendant's act. When conduct is justified it may be done for any reason.
Mistake of fact. Unless there is provision to the contrary in a statute, a defendant will not be guilty who mistakes the facts so that he or she believes in the existence of a state of affairs, which, were it to have existed, would be such that no crime was committed. It does not matter whether there are reasonable grounds upon which the mistaken belief is held.
Mistake of law. It is a traditional doctrine in English law that mistake of law is no excuse, even though the defendant may have had no time in which to discover whether his or her proposed conduct was against the law. A mistake of law will excuse when it has the effect of negativing the required mental state.
Insanity. A defendant is entitled to a verdict of «not guilty by reason of insanity «when it is proved that what would otherwise have been a criminal act was committed when the defendant: was labouring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, he did not know what he was doing was wrong.
The consequence of the verdict is that the defendant is confined indefinitely in a secure mental hospital.
Automatism. Where a defendant pleads that he or she did not act voluntarily, and the source of the absence of a voluntary act was not insanity but some cause which will excuse entirely, that defendant is said to have the defence of automatism. This defence will cover cases of sleepwalking, hypnotism, concussion and various dissociated states.
Intoxication. The fact that a defendant was under the influence of drink or drugs is never in itself a defence. The reason that an intoxicated state may be relevant is that the defendant may want to adduce evidence that he or she was intoxicated in order to establish either that he or she did not act voluntarily or did not have the required mental state.
Exercise 2. Give the English equivalents for the following:
TOPIC 7. LABOUR LAW
Text 1
Job Security
Exercise 1. Read the text and answer the following questions:
«Labour Law» or «employment law» is the law which governs the relationship between employers and the people who work for them. This area of the law is concerned with defining rights and duties of employers and employees with condition of work, safety in the workplace and the position of trade unions and their members.
A contract of employment is a legally binding agreement between employer and employee, but there is no legal requirement that the contract should be in writing. It may be oral, written or partly oral and partly written, and as long as the employer has agreed to take on the employee and the employee has agreed to do the work required on mutually acceptable terms, a contract of employment will exist. It is important to distinguish between an employment contract (a contract of service) and a self-employment contract (a contract for services). For the most part only employment contracts attract the employment protection rights introduced by statute over the past few years.
A number of tests have been laid down to establish whether a person is an «employee» (under an employment contract) or an independent contractor (self-employed). It is important to establish a person's employment status for a number of reasons:
Employers must treat employees with trust and respect and deal with them fairly and reasonably. They must not prevent employees earning full day. They must pay their staff.
They must provide suitable work for their staff if they belong to certain groups of employees such as skilled workers who must practise their skills. They must pay their employees who are available for work when no work is provided.
They must provide safe systems of work and must take reasonable care for the safety of their employees.
They must ensure that their employees are competent and unlikely to be a danger to their workmates.
Exercise 2. Give the English equivalents for the following:
Text 2
Equality at work
Exercise 1. Read the text and answer the following questions:
Under the Equal Pay Act 1970, employers must give equal pay to men and women for «like work». This in effect is a term in every employment contract. The 1970 Act sets out to establish equal terms and conditions in employment of men and women.
«Like work»:
a) a woman can only compare her treatment with that of a man if they are both employed by the same employer or by associate employers;
b) the woman's work need only be broadly similar, not identical, to work done by men for the same employer;
c) a woman's work is regarded as equivalent to a man's work if given equal value under a proper evaluation scheme;
d) inequality of pay is allowed when there are differences of «practical importance» in the work done, e.g. the man is doing a more responsible job where there is more to lose if he makes a mistake and thus justified in receiving more pay;
e) the Act does not operate where another statute regulates the employment of women, when men and women did similar work except that the men had to do a night shift and could do a Sunday shift on a voluntary basis. Women are forbidden by law to work on Sundays and at night in factories, so the men were entitled to be paid extra for these shifts.
The Equal Pay (Amendment) Regulations 1983 were introduced to allow women to claim equal pay on the ground that their work is of equal value to that of men. A woman may bring a claim before an industrial tribunal which in a proper case, can commission an expert to conduct a job evaluation study to see if the woman's job is equal to that of men. If so, the tribunal makes an award to the woman based on equal pay.
The Equal Opportunities Commission can give advice and help to women or to men who are concerned that they are not receiving the correct level of pay. Employees can apply to an industrial tribunal at any time during the employment or up to six months afterwards and the tribunal can award damages of not more than two years' arrears of difference in pay.
Exercise 2. Give the English equivalents for the following:
Text 3
Racial Discrimination
Exercise 1. Read the text and answer the following questions:
The Race Relations Act 1976 provides that discrimination on racial grounds is unlawful. As direct evidence of discrimination on racial grounds is unlikely to be available, the basic rule is that if on the facts there appears to have been discrimination, it is for the employer to disprove it. If the employer cannot do so, the complainant will be successful.
Racial discrimination may be direct or indirect. Indirect discrimination is more likely to occur than direct discrimination.
Racial grounds include reason of race, colour, citizenship, nationality or ethnic group. An ethnic group is wider than a race, and is based on a long shared history, cultural tradition, language and literature, and the term «ethnic group» often includes a religion.
The act prohibits discriminatory practices, advertisements and attempts to induce others to discriminate. Employers may be liable for the discriminatory acts of their employees unless they can show that they took reasonable steps to prevent discriminatory activity.
Individuals may bring an action in an industrial tribunal within three months of the alleged act of discrimination. There is no requirement that the individual must have worked for an employer for 12 months before making a claim. The powers of the tribunal are similar to those in sex discrimination cases, the maximum compensation payable being / 8000, and declarations of rights also being available. The defence of genuine occupational qualification applies, as in sex discrimination actions but the occupational qualifications on racial grounds are more restrictive. They are:
a) jobs involving entertainment which require people of a certain race for authenticity;
b) jobs involving modelling for art and photography;
c) jobs in restaurants which require people of a certain race;
d) jobs requiring people of a certain race to train or take care of people of the same race.
Exercise 2. Give the English equivalents for the following:
Text 4
Ending Employment
Exercise 1. Read the text and answer the following questions:
An employer can end the employment contract by giving proper notice. The amount of notice that is necessary depends on the length of the employment (Employment Protection Act 1978). If the person has worked for less than one month, no notice is required.
If the employment lasted between 2 and 12 years, one week's notice is required for each year of employment, if the employee has worked for more than 12 years, 12 weeks notice is necessary. These are the statutory lengths of notice which operate if there is no statement of particulars which specifies the notice required. However there is usually a written statement of particulars which details the notice necessary for the employee.
If the employer wishes an employee to leave without notice, wages of notice must be paid.
There are only two circumstances when an employer does not need to give notice to an employee or to pay wages of notice:
If no proper notice is given, the employee can sue the employer for wrongful dismissal, usually in a county court and can claim wages due during the period for which notice should have been given.
If the employee requests reasons for the dismissal, these must be given within 14 days, or the employee can complain to an industrial tribunal, which has power to order the employer to pay compensation amounting to two weeks' wages. This does not apply to part-time workers.
Employees, who wish to leave a job must give notice to their employer. Failure to do so according to the terms of the employment contract would amount to breach of contract and the employer could sue for damages.
However, if the contract was a fixed term there is no need for either party to give notice when the term ends.
Exercise 2. Give the English equivalents for the following:
TOPIC 8. LAW OF CONTRACT
Text 1
Some Aspects of the Law of Contract
Exercise 1. Read the text and answer the following questions:
The rules of the law of contract are concerned with identification, regulation and enforcement of agreements. Many of the general rules of contract were developed in the 18th and 19th centuries when theories of natural law and philosophy influenced the judges who were deciding cases involving disputes about contracts. Underlying many of the 19th century decisions was the principle that people should be free to enter into agreements and that government and the courts should interfere with the «freedom of contract» as little as possible. Coupled with this was the notion that once contractual promises had been made, they should be kept and the courts would enforce such promises, no matter how unfair they appeared, in 1875 Sir George Jessel summed up these principles in his statement:
«If there is one thing more than another which public policy requires, it is that all men of full age and competent understanding shall have the utmost liberty of contracting and that their contracts when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of Justice».
Despite the importance of this view the notion of freedom of contract had inherent weaknesses and during the 20th century there has been less emphasis on the parties intentions in establishing agreement and a more realistic approach by the courts to the social and economic pressures which even in the 19th century gave the ordinary consumer no real freedom of choice when entering into a contract. Few ordinary consumers could change the terms of contracts which large companies chose to impose upon them, so the courts interpreted terms of such contracts strictly against the person imposing the terms. Finally after much public pressure, Parliament intervened with legislation to curtail the notion of freedom of contract by forbidding the use of certain terms regarded as unfair in circumstances where there was inequality of bargaining power between the parties. The old moral principle that people should keep their promises has been replaced by a new moral principle that no one should take unfair advantage of a weaker bargaining partner.
Text 2
Offer and Acceptance
Exercise 1. Read the text and answer the following questions:
The average non-lawyer is unlikely to be aware that offer and acceptance are essential every time a contract is made, but lawyers have found it necessary to break down transactions in this way in order to establish firstly whether an agreement has been reached between the parties and secondly the time at which the agreement was made. A contract will not exist unless an «offer» was made by one party which was accepted by the other. Offers must be distinguished from invitations to negotiate or to treat. An offer indicates willingness to enter into a contract there and then; whereas an invitation to treat merely invites offers, or further negotiations before the contract is finalized:
a) advertisements in newspapers are usually invitations to treat;
b) auction catalogues are invitations to treat;
c) mail order catalogues are invitations to treat;
d) passengers boarding a bus are accepting the offer made when the bus stops for them to board;
e) occasionally advertisements can amount to offers but only if the required consideration is to form part of the acceptance, as in the case of rewards;
f) on the same basis as reward-offers, vending machines which require a customer to insert a coin to signify acceptance are probably offers and not invitations to treat.
An offer may be made to a particular individual or to the world at large.
The offer must be communicated to the other party, and this can usually be done verbally or in writing or in a mixture of both methods.
The terms of the offer must be certain. If they are vague, there is no offer in existence.
An offer may be revoked at any time before acceptance. An offer may cease to operate if some time has passed and it has not been accepted. What is a reasonable time upon the circumstances.
Acceptance means unconditional assent to all the terms of the offer and the moment acceptance is complete, the contract is made. Acceptance must be communicated.
Acceptance is effective the moment the letter containing it is posted. It follows that a letter of acceptance which is lost in the post may still be valid acceptance. In the case of telex acceptance is valid when received, not when sent.
Text 3
Consideration
Exercise 1. Read the text and answer the following questions:
Consideration in a contract is the third element of the agreement, and indicates the underlying assumption that a contract must be a bargain. The basic idea is that in the English law of contract no one can get anything for nothing. The consideration is what the bargain is all about, it is the price in a bargain. Sometimes it is explained in terms of a benefit gained by one party or detriment suffered by the other. Some people may explain consideration as the «price» given for a promise. A promise alone is not enforceable (unless it is in a deed). It must be supported by something - either another promise or something more tangible like money or goods.
Consideration may be:
a) executed, i.e., a promise in exchange for an act or for an act or forbearance - one party carries out one side of the agreement at once; or
b) executory, i.e., a promise in exchange for a promise.
This means the contract itself may well still need to be performed, even though the agreement in the form of the offer and acceptance is complete.
Thrее rules about consideration:
a) «past consideration is no consideration» is the basic rule. It means that the law does not regard consideration in the past as sufficient to support a contract in the present;
b) performance of an existing duty is no consideration. Merely doing what you are already bound by law to do does not amount to sufficient consideration in the eyes of the law to support a new promise to pay;
с) сonsideration must move from the promise, In order to succeed in an action for breach of contract, the plaintiff must usually prove that the consideration was provided by him or her. This is closely related to the question of «privity of contract» under which only parties to an agreement can sue on it or be sued on it.
TOPIC 9. THE MOTORIST AND THE LAW
Text 1
Dangerous Driving
Exercise 1. Read the text and answer the following questions:
If a motor accident has taken place, then a motorist or passenger who has been injured may be able to obtain damages (money compensation) from the person who has caused the injury. It is often useful to wait for criminal proceedings to be completed before bringing a civil case. This is because under s.12 of the Civil Evidence Act 1968 a conviction for a criminal offence committed by a driver can be used in evidence in subsequent civil proceedings.
The motor car is an extremely dangerous weapon. The risks to the population justify the intervention of the criminal law to control the activities of the motorists and traffic offences. The major motoring offences are now to be found in the Road Traffic Act 1988 as amended.
After many difficulties were encountered in the application of the offences of driving recklessly and causing death by driving recklessly the offences have now been abolished and the most serious offence of «bad driving» is that of driving dangerously, under s.2. The maximum penalty is two years' imprisonment.
Dangerous driving is defined so that:
a) If the driving falls far below what would be expected of a competent and careful driver and
b) it would be obvious to a competent and careful driver that driving in that way would be dangerous, then the driving is, for the purposes of these offences, dangerous.
In Addition s.2A provides that driving is dangerous if the state of the car is such that it would be obvious to a competent and careful driver that driving the vehicle in that state would be dangerous.
Causing death by driving dangerously is an offence under s.1 The maximum penalty is five years imprisonment. The heavier sentence for the offence under s.1 has been critical because the difference between the offences under s.1 and 2 can be simply whether or not there is anyone stepping into the road as a driver comes around a corner driving a car dangerously.
Driving without due care and attention is an offence under s.3. The standard of fault required for a conviction is negligence. The defendant must have failed to take that amount of care which would be taken by a reasonable driver in the circumstances. Driving without reasonable care includes driving in the wet so as to splash pedestrians or sounding the horn when passing a horse.
Causing death by driving carelessly when unfit through drink or drugs is an offence under s.3A and is an amalgam of three offences. There must be careless driving (offence under s.3); there must be driving while unfit through drink or drugs (offence under s.5) and again as with all homicides, the act of the defendant must kill a person (see table).
Table
Major motoring offences
|
Offence |
Maximum penalty |
|
1) Manslaughter |
Life imprisonment |
|
2) Causing death bydangerous driving |
5 years |
|
3) Causing death bycareless driving throughdrinks or drugs |
5 years |
|
4) Driving without due care |
500 pounds fine |
|
5) Driving while unfit through drink/drugs |
6 months/ 2000 pounds fine |
|
6) Driving with a blood - alcohol in excess of the prescribed limit |
6 months/ 2000 pounds fine |
|
7) Failure to comply with a |
500 pounds fine traffic sign |
|
8) Exceeding the speed limit |
500 pounds fine |
|
9) Failure to report an accident |
500 pounds fine |
|
10) Driving while uninsured |
6 months/ 2000 pounds fine |
Text 2
Disqualifications, endorsements and penalty points
Exercise 1. Read the text and answer the following questions:
One of the ways in which a sentencer may deal with a traffic offence is to disqualify the offender from driving. A disqualification must be for at least 12 months. There are some offences for which disqualification is compulsory unless one of the three reasons laid down in s.34 of the Road Traffic Offenders Act 1988 is satisfied. There are the offences of causing death by driving recklessly, reckless driving when there is a previous conviction involving reckless driving in the previous three years, driving while unfit through drink or drugs driving with a blood-alcohol level above the prescribed limit, failure to provide a specimen for analysis, motor racing on highways and manslaughter. The court may only restrain from disqualifying when one of the following three reasons exists:
a) offences which are merely those of aiding and abetting the offence;
b) when the court makes a hospital or guardianship order without convicting the accused;
c) if there are «special reasons» or migrating circumstances: The offences for which disqualification is at the discretion of the court are reckless driving, careless and inconsiderate driving and many other offences, including driving while disqualified and speeding. Some convictions involve endorsements. When an offender is convicted of an offence involving endorsement, the court must normally order the particulars of the offence to be noted on the offender's licence. The endorsement generally remains on the offender's licence for four years after the conviction. Every offence which is liable to disqualification or endorsement carries a number of penalty points. When the offender accumulates more than 12 penalty points, he or she must be disqualified from driving for at least six months if he or she has previous disqualifications.
Text 3
Civil Liability – Negligence
Exercise 1. Read the text and answer the following questions:
The action which will be brought, normally in the High Court, is for negligence. In order to succeed the plaintiff must prove:
a) that a duty of care was owed by the defendant to the plaintiff;
b) breach of that duty;
c) damage of a foreseeable kind flowing from that breach of duty.
It is now settled that a motorist owes a duty of care to all other roads users in respect of damage to cars, other property such as luggage and also in respect of personal injuries, nervous shock or economic losses.
A motorist also owes a duty of care to close relatives of people when he or she injures, not to cause nervous shock even when those relatives are not present at the scene of the accident. Under the civil liability Act 1976 a duty of care is owed to unborn children. If an unborn child sustains injuries in a car accident, an action for compensation can be brought on his behalf against the person who caused this accident, even if that person was the child's mother. This situation is not as strange as it may seem, because it is often the case that a relative or friend of person injured in a motor accident is sued. It must be remembered that the insurance company not the individual at fault will usually pay the compensation.
Before damage can be awarded there must be shown to have been a breach of duty (i.e. failure to observe the standard of care of the reasonable person). The plaintiff must prove on the balance of probabilities that the defendant failed to act as a reasonable motorist in those circumstances would have acted. Any person carrying out a skilled activity must show the same standard of care as people experienced in that skill.
It is necessary for the plaintiff to prove that the damage or injury suffered is a result of the defendant's breach of duty. This is known as showing «causation». If causation is shown as a matter of fact, then it is necessary to show that the damage was not «too remote». This means that the damage must be of a kind which is reasonable foreseeable. For example, if a pedestrian is injured it is reasonable foreseeable that he or she will be unable to work for some time. The motorist - if liable - would therefore be liable for the injured person's lost earnings however rich or poor that person may be. Once negligence has been established, compensation can be assessed. Money damages are payable for a number of eventualities. In each case the amount awarded depends on the exact circumstances. Under the Fatal Accident Act 1976 relatives of people killed may claim damages for loss of a breadwinner.
Тext 4
Insurance
Exercise 1. Read and translate the text:
All motorists must have certain minimum insurance cover for passengers and third parties who might be injured. Many younger drivers find fully comprehensive insurance cover too expensive because persons under the age of 25 are regarded as a bad risk. As a result a number of drivers carry only driver, passenger and third party, fire and theft insurance cover. Under most policies the driver agrees to pay an excess - the first 50.
The full premium payable in any year may be reduced by up to 60 per cent by operation of the no-claims bonus, resulting in cheaper insurance for more careful drivers. Insurance companies have a rule that if claim is made under a policy and the motorist was to blame for the accident, then he or she will lose his or her no-claims bonus.
If the accident is not a serious one and it involves only damage to vehicles rather than personal injuries, insurance companies often deal with the matter on «a knock for knock» basis, each paying compensation to its own client where the motorists are both partly to blame for the accident. This means that each client will lose his or her no-claims bonus.
It must be remembered that very few civil cases concerning car accidents actually reach court. Most are settled between insurance companies long before trial according to practices and guidelines laid down over the years by insurance companies. If personal injuries are involved it may take some time to reach a settlement. Anyone suffering more than merely minimal injury is advised to see a solicitor who will need medical reports about the injury.
Exercise 2. Study the following recommendations and give your commentaries:
What to do if you have a motor accident:
1. Stop the vehicle, but say nothing to anyone that could amount to an admission of blame.
2. Call the police and make a note of the number of the police officer.
3. Take a note of the names and addresses of the other driver, witnesses and registration numbers. Give them any necessary information.
4. Obtain the insurance details of the other driver.
5. Write down witnesses' comments.
6. Note damage to vehicles and road positions and markings.
7. At home write a detailed account of what you think happened and report the accident to your insurance company. Write to tell the other motorists involved that you intend to make a claim.
8. A motor accident must be reported within 48 hours to the police if someone was injured and a motorist does not produce an insurance certificate or does not give his or her name and address to a person entitled to ask for it.
TOPIC 10. FAMILY LAW
Text 1
Legal Consequences of Marriage
Exercise 1. Read the text and find the answer the following questions:
A married couple have a legal duty to maintain one another. Although there are no fixed rules about how the partners should actually give one another, there is a general rule that each will look after the other financially. If one partner does not maintain the other, then an application for maintenance can be made to a magistrates' court, whether the parties are separated or still living together.
The couple both have a duty to maintain their children. Married couples have a right to live together which includes a right to occupy a matrimonial home regardless of which spouse owns it or is renting it. However, a marriage will still exist even if both partners agree to live apart for long periods of time, but after two years' separation, divorce is possible. The law will not force partners to live together, nor does it allow one partner to force the other to live with him or her, for example by locking the person up in the matrimonial home. Living together implies agreeing to have sexual intercourse. If sexual intercourse is unreasonably refused by one partner, this could amount to unreasonable behaviour and grounds for divorce. As the wife, by marriage, consents to sexual intercourse, it used to be the case that a husband could not be prosecuted for raping his wife.
This duty to cohabit ceases:
Annulment ends a marriage. It is granted in circumstances when a marriage was invalid from the beginning or is somehow defective. The following marriages are invalid (void): Where one or both parties:
Text 2
Financial Arrangements on Separation and Divorce
Exercise 1. Read the text and answer the following questions:
As marriage brings with it mutual duties for each partner to look after the other financially, then if they stop living together either partner can obtain maintenance from the other.
This can be done under a voluntary arrangement, in the magistrates' court or in the divorce court. If there is a divorce, the divorce court can divide up the assets (имущество) of the family as it considers fair and just. There is no rule that, say, a wife should receive half of everything. Usually the aim is to give one third of the combined income to the wife, as a starting point, but this must be viewed in the light of many different considerations, such as the age of the partners and their earning capacity. If the marriage has only lasted a short time and the wife is young and has a job, she may be entitled to nothing at all. If a wife leaves her husband to cohabit with another man she might receive no maintenance from her ex-husband if the court finds that the other man is, or should be supporting her. Maintenance for the ex-wife stops on her remarriage, the courts favour a «clean break» wherever possible.
It is usually in the best interests of the wife to have children financial maintenance paid direct to the children. Support for the children usually ends when they complete full-time education. From April 1993 when the Child Support Act 1991 comes into force an entirely new system will operate for the assessment collection and enforcement of child maintenance. The Act established the Child Support Agency to administer this new system.
An unusual aspect of the Act is that when it comes into force the parent who has care of the child (usually the mother) will be obliged to give the identity of the absent parent. The Child Support Agency will have powers to enforce child maintenance by collecting it directly from the earnings or benefit of the absent parent.
The Children Act 1989 brings about radical changes in the law concerning the care of children. The Act is based on the belief that children are best cared for within their own families by both parents and this is reflected in a new concept of parental responsibility. This phrase sums up the rights, duties of parents with regard to the moral, physical and emotional health and well-being of the children. Parental responsibility is not affected by the separation of parents and even in divorce proceedings that responsibility will continue. Both parents will be regarded as having a duty to continue to pay a full part in the upbringing of their children, even after separation and divorce.
Text 3
Unmarried Partners
Exercise 1. Read the text and answer the following questions:
A man and woman who live together as husband and wife without first going through a marriage ceremony are known as cohabitees. For many years the law treated cohabitees differently from married partners in some respects. This different treatment was particularly in evidence where property rights were concerned.
When a couple is married, the place where they live is called the «matrimonial home». This is not so in the case of unmarried partners and the house will usually belong solely to the person in whose name it is owned or rented. However, it may be possible to convince a court that the other partner should have a share in his property. Evidence would need to be produced that for example, a deposit was paid by the other partner, or some of the mortgage instalments; or that a great deal of work was done by the other partner, so increasing the value of the property. Any dispute as to joint ownership could involve complex legal arguments and a solicitor should be consulted. So the simplest way to avoid a dispute is for both partners to put their names on the title deeds. In the event of a sale the proceeds would then be divided on a 50/50 basis in most cases.
If property is rented by a married couple and the marriage ends, the courts have power to transfer the tenancy to the other partner regardless of whose name is on the tenancy agreement. This is not the case where the couple are unmarried. The partner whose name appears on the rent book can evict the other partner, or simply leave home, and in due course the landlord would be entitled to turn out the other partner and any children. However, if the person who is tenant dies , the other partner can claim the right to stay on as the new tenant.
If a woman is able to obtain an order from the country court to exclude the man from the home on the grounds of his violent behaviour to her or the children, she will be entitled to stay on in the house or flat even if it is not in her name and to exclude the man. Such orders normally only last for three months. However, the man still has a right to sell any furniture that he owns.
Recent changes in the law mean that a more up-to-date approach to cohabitation is taken by the law. Both parents of children born outside marriage now have parental responsibility and a say in the upbringing of their children and will be expected to provide for the financial support of their children. Married couples are now taxed separately, and unmarried partners have a right to claim a share in joint property if the relationship ends. Courts can require that the terms of a will be altered in favour of cohabitees and their children and surviving cohabitees have a claim under the Fatal Accident Act 1976 on the death of a partner, in the same way as surviving spouses. Both wives and cohabitees have a right to exclude violent partners from the shared home. In fact, in law as well as in fact there is now very little difference between marriage and cohabitation except as regards the formality of the relationship.
Text 4
Parents and Children
Exercise 1. Read the text and answer the following questions:
There was never a legal status of illegitimacy: it was simply that various legal benefits belonged to children who were born to parents who were married. Gradually the significance of legitimacy has been diminished by reform of the law. In particular, if there is a gift in a will to the children, save those natural children who were adopted by other parents.
Nevertheless, a child born of parents who are married still benefits. The identity of his or her father is known and he or she enjoys an automatic legal relationship with both parents.
It is now possible to register the father without the mother's cooperation, but only if there is a court order based on a finding of paternity. The policy of the law is that a child should eventually be fully informed as to his or her origins.
Adopted children become, in every legal sense, the children of their adoptive parents. At the time of adoption a full record is made of the birth, the child's sex and the names and details of the adoptive parents.
The Children Act 1989 initiated a comprehensive review of the law on adoption and many changes were made. Adoption proceedings are now «family proceedings» and the court has power to make orders under these proceedings.
The Registrar General is required by the Act to set up an adoption contact register which will help adopted people to contact their natural or birth parents and other relatives. This will only be available to people who are 18 or over.
Adoption can only take place if the natural mother consents when the child is illegitimate. Applications to adopt can be made by married couples if both parents are over 21 or by single persons who are unmarried or married but permanently living apart. Strict legal requirements must be compiled with before an adoption order can be made and the local social services department will be involved in vetting potential adopters.
Local authority social services departments are responsible for vetting foster parents and placing children with them. Sometimes foster children can be placed under private arrangements, in which case the local authority should be informed beforehand unless the foster parent is a relation, guardian or has custody of the child or the fostering is only for a short time.
Anyone concerned about a child can apply for him or her to be made a ward of court. Legal aid is available for the application to the High Court. Immediately an application is put in to the court, the child becomes a ward of court and cannot be taken out of the country before the hearing. This usually takes place within 21 days and at the hearing the court will do, what it thinks necessary for the protection of the child. It is an emergency measure. The Children in boarding schools are being properly cared for and they may inspect premises, interview children and look at school records.
TOPIC 11. THE LAW OF SUCCESSION
Text 1
Valid Wills
Exercise 1. Read the text and answer the following questions:
The law of succession has developed rules to govern the disposition of a person's property on his or her death. Every person who dies will either die «testate» (that is having validly executed a document called a will) or «intestate»(that is not having executed such a document). By making a will the deceased exercises the maximum possible control who is to inherit from him or her. It also serves to prevent argument between survivors and in large estates to minimise liability to tax.
Subject to the provisions of the Inheritance Act 1975 a person may dispose of any property which remains after the lawful debts of his or her estate have been paid in any way at all. But in order to do this the person must execute a valid will.to
Eighteen is the minimum age at which anyone can make a valid will, except for «a soldier being in actual military service or any mariner or seaman being at sea», who may make them under age 18.
Soldiers and seamen may also execute oral wills, but otherwise a will must be:
a) a document in writing;
b) signed by the testator (the person making-the will);
c) signed by two witnesses.
«Signing» can include making a mark where the testator cannot read or write, but in the case where the testator -cannot read there must be evidence that he or she had been properly informed of the contents of the will. The function of the witnesses is to witness the signature only, not to attest to anything concerned with the contents of the will. So it is not necessary that a witness should read (or even see) the body of the will, nor know that it is a will which is being witnessed.
If a will is not executed in this form, then it will not be validly executed and on the testator's death: his or her property will pass according to the rules for intestacy.
Once a will has been validly executed, it is said to be «ambulatory». That is, it does not have any immediate effect and is only activated by the death of testator. In between the time of the execution of the will and the death of the testator, the will may be revoked (cancelled) or altered by the testator.
Revocation may come about in three ways:
a) by executing a document in the same form as he or she would have to employ to make a valid will. This revoking document is often itself a new will;
b) any will which is made before the testator's marriage is automatically revoked by that marriage. However, divorce does not revoke a will made in favour of the spouse;
c) a will may be revoked «by the burning, tearing or otherwise destroying» by the testator or by some person in his presence and by his direction.
Wills may be altered before or after execution.
A will is a declaration of intention only; the execution of a will does not interfere at all with the general power of an owner of property to dispose of the property during his or her own lifetime.
Text 2
Intestacy
Exercise 1. Read and translate the text:
In the case of a person dying without having made a will the law provides rules for the distribution of property on intestacy. There are four basic positions:
a) Surviving spouse. If a spouse survives and there is no issue of the deceased, whether legitimate or illegitimate, nor any surviving parent or brother or sister, the spouse (except in the case where there was a separation) takes everything.
b) Surviving spouse and issue. When the deceased leaves issue as well as a surviving spouse, the spouse is entitled to the items of household or personal use and a «life interest» (which generally means the income from property to life) in the rest of the estate. The issue divides the rest.
c) Surviving spouse, no issue, but parents, brothers or sisters. The spouse takes items of household of personal use and one half of the residue absolutely; the other half to be divided between the parents or, if there are none, to brothers and sisters of the whole blood.
d) No surviving spouse. In this event the entire state is held for the persons having the relationship to the deceased named in s.47 of the Administration of Estates Act 1925. If there are issues, the estate is shared equally amongst them according to how many children there were. In the absence of issue, parents take all, and in the absence of parents, the property is divided between the closest .surviving relatives. These people are in order of priority:
Failing a will and any such people fulfilling any of the conditions in a) to d) the estate is called bona vacantia and the Crown takes the property.
«Partial intestacy» is where the will fails to dispose of all the property of the deceased, or where one of the beneficiaries dies before the testator or declines to take his or her legacy. In this event intestacy rules govern the disposal of that property in respect of which the deceased was intestate.
Special considerations apply to the matrimonial home. If it is «jointly» owned by two people, then on the death of one of them, his or her interest ends automatically, and the survivor becomes absolute owner. But in general the surviving spouse has a right to have his or her statutory legacy put towards the purchase outright of the matrimonial home.
Text 3
Challenging the Will
Exercise 1. Read and translate the text:
If one will is successfully challenged and held to be invalid, the property passes under the latest previous will or failing that, as if the deceased had died intestate.
Up to 1900 anyone who wanted to challenge a will could only raise arguments about the manner in which it was executed or the mental condition of the testator. It was not possible to say that the testator had simply made different bequests than those which he or she should have made. (Gifts under wills are called «devises» if they give «real» property, i.e. land, and bequests if they give personal property). It was thought to be an inherent part of the testator's rights in his or her property that he or she could give it to whomsoever he or she pleased.
This is no longer the position. Under the Inheritance Act 1975 various persons are given a right to apply to the court to write in effect bequest in their favour into a will which did not contain them. The persons who may apply are:
a) the wife or husband of the deceased;
b) a former wife or husband of the deceased who has not remarried;
c) a child of the deceased (whether legitimate or not);
d) any other person who was treated by the deceased as child of a marriage to which he or she was a party;
e) any other person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.
The basis upon which the application is made is that the will (or, in the case of intestacy, the rules governing the devotion of property upon intestacy), fails to make «reasonable financial provision» for the applicant. The Act will also apply to give the applicant a claim upon gifts made before death to other persons, when the aim of the gift was to avoid making reasonable financial provision for the applicant.
When assessing what does and does not amount to «reasonable financial provision», the court may have regard to all the relevant circumstances. It appears that, for example, the more lavish the lifestyle the husband of a rich deceased woman was accustomed to lead during her lifetime, the more «reasonable financial provision» might amount to. The basis upon which the assessment appears to be made in the case of spouses, is that which the surviving spouse might have been granted by a court had the marriage ended in divorce.
ТРЕБОВАНИЯ К УРОВНЮ ОСВОЕНИЯ ПРОГРАММЫ
ПО РАЗВИТИЮ НАВЫКОВ УСТНОЙ РЕЧИ
И ФОРМЫ ПРОМЕЖУТОЧНОГО КОНТРОЛЯ
В результате развития навыков устной речи при изучении иностранного языка студенты должны овладеть способами ведения дискуссии, полемики, интервью; изложения доклада, сообщения, комментариев.
Речевые умения:
- передавать информацию, аргументируя собственную точку зрения;
- пояснять, уточнять;
- интерпретировать высказываемые мысли;
- логично и последовательно излагать информацию;
- делать обобщения, выводы, заключения;
- подхватывать и дополнять мысль партнера по общению;
- задавать серию вопросов (как кратких, так и развернутых) с целью получения необходимой информации;
- быстро реагировать на заданные вопросы;
- корректно прерывать собеседника;
- концентрировать и распределять внимание в процессе диалогического общения;
- обоснованно использовать эмоционально-оценочные слова, фразы и др.
Стратегические умения:
- использовать известные языковые средства для пояснения/толкования;
- использовать перефразу для уточнения;
- использовать синонимические способы выражения мысли;
- проявлять инициативу в общении;
- менять тему разговора;
- пользоваться переспросами (What? You what? I didn’t hear what you said. Sorry? Why? Why do you ask?...).
Формами промежуточного контроля являются доклады, сообщения, презентации студентов, выступления на научных студенческих конференциях, олимпиадах по английскому языку.
ЛИТЕРАТУРА
Журналы
Содержание
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Введение…………………………………………………… |
3 |
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Темы на развитие навыков устной речи………………… |
6 |
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Задания для самостоятельной работы на усвоение профессиональной лексики и развитие навыков устной речи……………………………………............................... |
76 |
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Требования к уровню освоения программы по развитию навыков устной речи и формы промежуточного |
125 |
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Литература…………………………………………………. |
126 |
УЧЕБНОЕ ИЗДАНИЕ
Абакумова Яна Альбертовна
Орлова Елена Николаевна
Развитие навыков устной речи
при изучении английского языка
Учебное пособие
Редактор В. П. Мирошкина
Корректор В. П. Мирошкина
Подготовка оригинал-макета В. П. Мирошкина
Макет обложки Л. Н. Звягина
Подписано в печать 25.09.2012.
Формат 60х84 1/16. Гарнитура «Таймс»
Усл. печ. л. 8,0. Уч.-изд. л. 7,5.
Тираж 50 экз. Заказ ………
Отпечатано с готового оригинал-макета
в типографии «Папирус»:
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