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LESSON SEVEN
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Grammar: Perfect Continuous Tenses (Active). World-building: The Suffix -less. Reading and Oral Speech: Legislative Branch of Power in Great Britain and the USA. Conversational Formulas : Gratitude. |
GRAMMAR
Perfect Continuous Tenses (Active)
The Infinitive: to have been + Participle I (to have been reading)
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Тип предложения |
Вопроситель-ное слово |
Вспо-могательный глагол |
Под-ле-жа-щее |
Сказуемое |
Дополнение |
Обстоятельство |
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Утвердительное |
We |
have been reading |
the English book. |
for 5 hours. |
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He |
has been reading |
the English book. |
for 5 days. |
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I |
had been reading |
the English book |
for 2 hours when you came. |
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She |
will have been reading |
the English book |
for 2 hours when you come. |
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Отри-цатель-ное |
We |
haven’t been reading |
English books |
since we finished school. |
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I |
hadn’t been reading |
English books |
for many years. |
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Вопросительное |
Have |
we |
been reading |
the English book |
for 5 hours? |
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Had |
she |
been reading |
the English book |
for 2 hours when he came? |
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Will |
she |
have been reading |
the English book |
for 2 hours when he comes? |
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We |
have been reading |
the English book |
for 2 hours, haven’t we? |
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She |
will have been reading |
the English book |
for 6 hours, won’t she? |
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Who |
has been reading |
the English book |
for 5 hours? |
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|
What |
will |
she |
have been reading |
for 5 hours when he comes? |
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Краткий ответ |
Yes, we have. No, we hadn’t. |
Yes, she will. No, she won’t. |
Notes: 1. The Present Perfect Continuous употребляется для обозначения действия: а) начавшегося в прошлом, продолжавшегося в течение некоторого времени в прошлом и продолжающегося в настоящее время. Способ перевода: глагол в настоящем времени (I have been working here for 5 years – Я работаю здесь пять лет); б) продолжавшегося в течении некоторого времени в прошлом и закончившегося перед моментом речи. Способ перевода: глагол прошедшего времени несовершенного вида (What have you been doing all this time? - Что ты делал все это время?) 2. The Past Perfect Continuous употребляется для обозначения действия: а) продолжавшегося некоторое время в прошлом и закончившегося или продолжавшегося при наступлении второго, более позднего по времени совершения действия. Способ перевода: глагол прошедшего времени несовершенного вида (I had been reading a book for 2 hours when you came - Я читал книгу в течении двух часов, когда ты пришел); б) продолжавшегося в течении некоторого времени и завершившегося к определенному моменту в прошлом (By 12 he had been working for 4 hours – К 12 часам он уже работал в течении 4 часов). 3. The Future Perfect Continuous употребляется для обозначения действия, которое будет продолжаться в течении некоторого времени до наступления более позднего по времени действия в будущем (By 12 I shall have been working for 4 hours – К 12 часам я проработаю уже 4 часа). 4. Страдательный залог (Passive Voice) не используется во временах группы Perfect Continuous.
Exercises
1. Translate the sentences:
a) 1. How long have you been discussing that dissertation? – We have been discussing it since morning. 2. I’ve been working at my report since 2 o’clock, but I’ve made no progress. 3. I’ve been trying to speak to him all day but he is too busy. 4. The members of the committee have been considering the new civil code for several months. 5. He has been supervising their activity since October. 6. The solicitor has been talking with the client for half an hour. 7. We have already been dealing with Smith & Co for two years. 8. How long has she been interviewing the witness?
b) 1. We had been discussing the agreement for two days before we signed it. 2. We had been walking for an hour in the park before we found this delightful place. 3. By January the students had been studying civil and criminal law for three years. 4. He had been working in a small law firm before he was admitted to practice by the highest court of the state. 5. I had been writing my report on civil law for an hour when they came.
c) By the end of the month he will have been working at this law firm for six month. 2. They will have been preparing the document for a week before it is given for signature. 3. By the end of the week we shall have been studying the problem for five days. 4. How long will they have been considering the new law before they adopt it?
2. Translate the sentences:
1. Я изучаю правовые науки с тех пор, как поступил в юридический институт. 2. Мы отвечаем на ваши вопросы уже в течение двух часов. 3. Его брат работает судьей с 2000 года. 4. Когда меня приняли на работу в эту фирму, мой отец практиковал здесь уже 15 лет. 5. Он очень много работает с тех пор, как его назначили председателем суда. 6. Как долго он готовился, прежде чем сдать экзамен в адвокатуру? 7. Что ты делал в течение последних трех часов? 8. Сколько дней он будет читать мой доклад, прежде чем вернуть его.
WORD-BUILDING
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Суффикс |
Производящая основа |
Производная основа |
Словообразовательное значение |
Примеры |
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-less |
Существительное |
Прилагательное |
Отсутствие того, что указано в мотивирующей основе |
care – careless |
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Глагол |
Прилагательное |
Приводящий к невозможности совершения действия |
to count – countless |
Exercises
1. Give the Russian for:
careless, changeless, helpless, homeless, spiritless, sonless, lifeless, nameless, fatherless, wifeless.
2. Form derivatives with the suffix -less. Translate them into Russian:
price, help, name, limit, end, home, heart, plan, time, work, care.
3. Give the English for:
беспомощный, беспечный, бесформенный, бесклассо вый, безграничный, бесконечный, не имеющий матери, беззаконный.
READING
A – 1
ancient [ennt], monarch [mnk], queen [kwi:n], sovereign [svrn], Curia Regis [kjur ri:ds].
to consist of different members, legislative body, legal term, police station, throne speech, to commit a crime, Foreign Secretary, upper and lower chambers, to create law, to be awarded Bachelor’s Degree, Middle Temple, Member of Parliament, Speaker, duration of a session, to discuss acts.
THE UK PARLIAMENT
The UK Parliament is an ancient institution dating from the middle of the 13th century. It evolved from the Curia Regis, or Great Council of the Realm, which originally was an advisory body to the monarch. It consisted of the great landlords, the chief nobles and the church prelates. They met several times a year to grant aid if extra resources were needed (mostly during war). The Council developed throughout centuries and became the Parliament - the main legislative institution of the country.
By passing the Parliament Act, 1911, the life of a United Kingdom Parliament was fixed at five years (although it is usually dissolved before the expiry of the legal term).
The time of the meeting of a Parliament and its prorogation and dissolution is called a session. The average length of a session is about 160 sitting days. The Parliament of Great Britain consists of two chambers: the House of Lords and the House of Commons. Each session is usually opened in the House of Lords by the Queen (King), who reads the throne speech outlining the Government’s programme of legislation for the coming session.
The House of Commons is elected by almost universal adult suffrage and contains members from all sections of the Community. Any member of the House of Commons may introduce a Bill. The Bill must pass three readings in the House of Commons. After that it goes before the House of Lords. The House of Lords may pass or reject a Bill, but it has no power to throw out a Bill relating to money.
Finally, if the Lords agree to a Bill, it will be placed before the Queen for the Royal assent. When the Queen grants the Royal assent to the Bill and signs it, it becomes an Act of Parliament. The role of the Sovereign in the enactment of legislation is formal although the Queen has the right to encourage and to warn. Still she knows everything about the current state of affairs from the Prime Minister (PM) who visits her every week and provides her with copies of all Cabinet papers. However, she is expected to be “above politics” and any advice she gives the PM is kept secret. In addition, it is the Queen who appoints the PM and decides whether or not to grant dissolution of Parliament.
average length, date from the 13th century, Royal assent, prorogation (in the work of parliament), to grant aid, to pass an act, dissolution (in the work of parliament), to reject a bill, sitting days, House of Commons, lower chamber, adult suffrage, to throw out a bill.
королевский суд, отклонить законопроект, встречаться несколько раз в год, элита дворянства и верхушка церковной власти, Палата лордов, дополнительные средства, распускать (парламент), заседание парламента, принцип наследования, текущие государственные дела.
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to outline |
landlords |
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to reject |
act |
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advisory |
days |
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adult |
session |
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Royal |
body |
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sitting |
a bill |
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Parliament |
suffrage |
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great |
the programme |
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coming |
assent |
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to throw out |
to encourage and to warn |
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the right |
a bill |
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to date |
of |
a session |
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expiry |
in |
copies of Cabinet papers |
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to be opened |
from |
five years |
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to provide smb. |
at |
the House of Lords |
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to be elected |
by |
universal adult suffrage |
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to grant dissolution |
with |
the 13th century |
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length |
- |
the legal term |
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to be fixed |
Parliament |
1. What is the time of foundation of the British Parliament? 2. Whom did the Curia Regis consist of? 3. How often did the members of Great Council of the Realm meet? 4. Why did the great landlords, the chief nobles and the church prelates meet several times a year? 5. How long can any Parliament work in Great Britain? 6. What is called a session of a Parliament? 7. What is the length of a parliamentary session? 8. What are the chambers of the British Parliament? 9. Who has the right to open the work of a Parliament? 10. How does the Bill become the Act of Parliament? 11. Is it possible that the Queen does not grant the Royal assent to the Act? 12. Whose responsibility is to inform the Queen about current state affairs? 13. How can the Queen give pieces of advice to the PM? 14. Whose function is to appoint the PM?
A – 2
supremacy [suprems], violation [valen], bureau [bjuru], resource[rss], electorate [lektrt], constituency [knsttjuns].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
opposition, office, parliament, Speaker, function, bureau, recommendation, individual, minister, base, to disqualify, bankrupt, peer, premium, debate.
3. Analyse the structure of the following words:
Lower, responsible, electorate, speaker, front-benchers, back-benchers, disadvantage, parliamentary, ministerial, relatively, to maximize, to re-elect, anyone, election, to disqualify, undercharged, imprisonment.
1. Supremacy of the House of Commons.
2. Members of the House of Commons and their places.
3. …
4. …
5. …
6. …
7. The main representative feature of the House of Commons.
8. How to become the member of the House of Commons.
THE COMMONS
The House of Commons, traditionally known as the lower house, is the centre of parliamentary power. It is directly responsible to the electorate, and from the 20th century the House of Lords has recognized the supremacy of the elected chamber. The Support of the House of Commons is necessary for the Government to remain in office.
The House of Commons is made up of elected members, known as Members of Parliament (MPs). The House of Commons is presided over by the Speaker. MPs sit on two sides of the hall, one side for the governing party and the other for the opposition. The first two rows of seats are occupied by the leading members of both parties called “front-benchers”. All the other members occupying back benches are called “back-benchers”.
The main function of MPs is to help people and to prevent and cope with any violation of their rights. Some MPs hold an advice bureau in their constituencies, where people can come for help and recommendation. Anyone has the right to complain in case of unfair treatment.
Since 1997 there are 657 members of the Commons, one for each of 529 constituencies in England, seventy-two in Scotland, forty in Wales and eighteen in Northern Ireland. There is thus one MP for every 89,200 people. Even for a population of nearly 59 million, this is a very large house.
A big House of Parliament has some disadvantages – at least from the point of view of the individual member. Parliamentary time is at a premium. The back-bencher must compete with colleagues to ask questions or to be called in debate (it is sometimes said that more speeches are prepared for the House of Commons than are ever delivered). The individual’s share of both influence and parliamentary resources is less than in a smaller House.
On the other hand, the historically large numbers of MPs have led to a large number of ministers; in 2003, ninety-one (the maximum allowed by law is ninety-five) sat in the Commons out of a total of 114 in both Houses. This means that many individual members get ministerial experience.
However, from the point of view of the electorate, the main feature of a large House is that an individual MP represents a relatively small number of people. An MP’s focus on the constituency is very sharp, because it is a power base and he or she must woo1 the electors to maximize the chances of being re-elected.
Anyone may stand for election to the Commons if he or she is a British subject or citizen of the Republic of Ireland, is aged 21 or over, and is not disqualified. Those disqualified include undischarged2 bankrupts, people sentenced to more than one year’s imprisonment, members of the House of Lords (but hereditary peers not sitting in the Lords are eligible) and holders of offices listed in the House of Commons Disqualification Act 1975.
Notes:
1woo – зд. добиваться (чьего-л.) расположения
2undischarged – не восстановленный в правах
A –3
1. Read the following words; mind their pronunciation:
spiritual [sprul], archbishop [a:bp], appellate [pelt], hereditary [hredtr], average [verd], peerage [prd], compromise [kmprmaz].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
original, mandate, to assist, to examine, general, finance, category, act, title, patron, to examine, magnate.
3. Translate the following family-words:
origin – to originate – original – originally, power – powerful – to empower, to legislate – legislative – legislature - legislator, to differ – difference – different, to constitute - constituent – constituency, tax - to tax – taxation - tax-free, spirit – spiritual, bishop – archbishop, peer – peerage, chair – chairman – chairwoman – chairperson, general – post-general, patron – patronage, big – bigger - (the) biggest, to govern – governor – government, to come – coming – forthcoming.
4. Scan the text and find the English equivalents to Russian word-combinations:
палата отдельных представителей, земельные магнаты, рассматривать и принимать законы, являться представителем избирательного округа, вопросы налогообложения, духовные члены палаты лордов, светские члены палаты лордов, пожизненный пэр, наследственный пэр, работать неполный рабочий день, политическое покровительство, независимый член парламента, Лейбористская партия, Консервативная партия.
THE LORDS
From its earliest times the House of Lords was a chamber of individuals. Originally members of the House were mainly rich and powerful landed magnates who assisted the king.
At present the main function of the House of Lords is to examine and pass legislation. In general it is the same as of the House of Commons. The difference is that members of the Lords do not represent constituencies, and are not involved in matters of taxation and finance.
The House of Lords consists of Lords Spiritual (clerical persons) and Lords Temporal (lay persons).There are four categories of membership: archbishops and bishops, life peers under the Appellate Jurisdiction Act 1876, life peers under the Life Peerages Act 1958, hereditary peers under the House of Lords Act 1999. Life peers are appointed for life by the Queen for various services to the nation (their children do not inherit the peerage). Hereditary peers inherit their titles. The chairman of the House of Lords is the Lord Chancellor. He sits on a special seat called the Woolsack1.
Members of the House are part time and do not always attend. After the exclusion of ninety-two of the hereditary peerage in 1999 the proportion of attending members became higher.
The leading parties of the House of Lords are the Conservative party and the Labour party. Since 1997 more Labour life peers have been created. But the Conservative Party is still the biggest single group in the House.
Note:
1woolsack – букв. мешок с шерстью (красная подушка, набитая шерстью).
5. Scan the text once again and insert the necessary words:
1. Only the rich men could have been … of the House of Lords. 2. The members of the House of Lords are Lords … and Lords … 3. It is the Queen who appoints life peers for … 4. Ninety two of the … were excluded from the House of Lords in 1999. 5. The largest political party of the House of Lords is … party.
6. Retell the text using the following words as initial in your sentences:
1. Originally… 2. The main functions… 3. The House consists … 4. Life peers… 5. The leading parties…
B – 1
1. Read the following words; mind their pronunciation:
legislative [ledsltv], unicameral [unkmrl], process [preuss], inauguration [ngjuren], authority [rt].
2. Read and translate the text; explain your variants of translation of the sentences marked with an asterisk:
The Capitol
LEGISLATIVE POWER IN THE USA
The whole legislative power in the USA is vested in the Congress. The time of its establishment is 1774, when twelve British colonies assembled for the first Continental Congress. It was on July 4, 1776, that the Second Continental Congress adopted the Declaration of Independence and was renamed into the Congress of the Confederation*. The Congress then was a unicameral body with equal representation among the states in which each state had a veto over most decisions. The Congress of the Confederation had authority over foreign affairs and military matters, but not to collect taxes, regulate interstate commerce, or enforce laws.
At present there are two chambers in the US Congress: the Senate and the House of Representatives. Besides the legislative function the Senate is entrusted with the power of ratifying or rejecting all treaties made by the President, of declaring war, constituting tribunals inferior to the Supreme Court, etc. The Senate consists of 2 members from each state, chosen for 6 years, one-third retiring or seeking re-election every two years. A Senator must be at least 30 years old and he must have lived in the state for at least nine years. The Head of the Senate is the Vice-President who is elected for four years.
The House of Representatives is elected every other year. The number of the representatives from each state depends on the number of people in this particular state. The Head of the House of Representatives is the Speaker. He is elected by the members. A representative must be at least 25 years old and must have lived in the USA for at least seven years.
The House and the Senate are equal partners in the legislative process; however, the Constitution grants each chamber some unique powers*. The Senate is empowered to approve treaties and presidential appointments*. Revenue-raising bills must originate in the House of Representatives, which also has the sole power of impeachment, while the Senate has the sole power to try impeachment cases*.
The Congress assembles at least once every year. A new session begins on January 3 unless a different day is appointed by law. Also the Congress meets for some days on special occasions like inauguration, swearing in1 new members and organization. No Senator or Representative can, during the time for which he was elected, be appointed to any civil office under the authority of the USA*.
Note:
1swear in – приводить к присяге
3. Give the Russian for:
unicameral body, authority over foreign affairs, to be entrusted with the power, to declare war, to be elected, number of the representatives, to be empowered to approve treaties, sole power of impeachment, to be appointed by law, to be appointed to civil office.
4. Give the English for:
закреплять за парламентом, континентальный конгресс, декларация независимости, равноправное представительство, принудительно применять закон, сенат и палата представителей, учреждать суды, требовать переизбрания, зависеть от количества граждан, глава сената, предоставлять исключительные полномочия, финансовые законопроекты о государственных доходах.
5. Point out sentences which do not correspond to the text:
1. Legislative power in the USA is vested in the government. 2. The Declaration of Independence was adopted by the first Continental Congress. 3. The Congress of the Confederation was a bicameral body. 4. Nowadays the Congress consists of the Senate and the House of Representatives. 5. The Senate has the power to ratify or reject all treaties made by the President. 6. The Senate consists of 3 members from each state, chosen for 6 years, one-third retiring or seeking re-election every two years. 7. A senator can be younger than 30. 8. The House of Representatives is elected every two years. 9. The head of the Senate is the Speaker. 10. The unique power of the Senate is to approve treaties and presidential appointments. 11. The unique power of the House of Representatives is the power of impeachment.
B – 2
1. Read the following words and word-combinations; mind their pronunciation:
ceremonial [sermunjl], pro tempore [pru tempri:], customarily [kstmr], accustom [kstm], frequently [fri:kwntl], schedule [edjul].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
convention, debate, ceremony, delegate, control, junior.
next-largest, minority, ceremonial, customary, frequently, to oversee, oversight, employee, prayer.
4. Remember the following words and word-combinations:
floor – место официальных дискуссий
1. This question will be discussed on the floor of the House of Commons.
whip – парламентский партийный организатор
1. In many political systems a whip is a member of a political party in parliament or legislature whose job is to make certain that other party members are present at voting time and also to make certain that they vote in a particular way.
to disburse – 1) расходовать, тратить; 2) платить, расплачиваться, оплачивать
1. The International Monetary Fund agreed to disburse financial aid to this country. 2. The local authorities disbursed $ 2,000 for this project.
5. Skim the following text and translate the Russian words:
There are two largest parties in the USA Senate: партия большинства и партия меньшинства. Президент of the USA is also the President of the Senate. He presides over важнейшие прения. His powers are ограничены.
Other officers of the Senate are: лидер партии большинства в Сенате, партийный организатор, секретарь Сената, помощник секретаря Сената, глава правоприменяющего органа Сената, капеллан, пейджез.
The Constitution provides that the Vice President of the United States serves as the President of the Senate. By convention, the Vice President presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators). The Constitution also authorizes the Senate to elect a President pro tempore (Latin for "temporary president") to preside in the Vice President's absence; the most senior senator of the majority party is customarily chosen to serve in this position. Like the Vice President, the President pro tempore does not normally preside over the Senate. Instead, he usually delegates junior senators of the majority party to do this duty. Frequently, newly elected senators preside so that they may become accustomed to the rules and procedures of the body.
The powers of the presiding officer are extremely limited; he announces the results of votes and controls debates by calling on members to speak. According to the rules of the Senate the presiding officer must recognize the first senator who rises.
There is a special official whose responsibility is to control the agenda of the Senate. It is the Senate Majority leader. He schedules the debates and votes.
Each party elects Senate party leader. Floor leaders act as the party chief spokespeople. Each party also elects a whip to assist the leader. A whip works to ensure that his party's senators vote as the party leadership desires.
The Senate is also served by several officials who are not members. The Senate's chief administrative officer is the Secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Secretary is aided in his work by the Assistant Secretary of the Senate. Another official is the Sergeant-at-Arms, who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handles routine police work, with the Sergeant-at-Arms primarily responsible for general oversight. Other employees include the Chaplain, who opens each session of the Senate with a prayer (elected by the Senate), and Pages, who is a non-partisan federal employee serving the United States Senate in Washington DC (appointed by the party they serve to).
6. Scan the text once again and get ready to speak about:
a) Vice President; b)President pro tempore; c) Senate Majority leader; d) floor leaders; e) Senate officials.
B – 3
1. Read the following words; mind their pronunciation:
majority [mdrt], each [i:], supreme [supri:m], retroactively [rtruktvl], requirement [rkwamnt], encyclopedia [nsaklp:d], substantial [sbstenl], authority[rt].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
veto, statute, code, sphere, section, medicine, export, administrative, agency, detail, criminal, nature, formula, specific, nation, colony.
3. Translate the following family words:
major – majority, statute – statutory, to arrange – arrangement, to legislate – legislation – legislative, to require – requirement, legal – illegal – legality – illegality, crime – anti-crime, to divide – division – subdivision, to depend – dependence – independence.
4. Scan the text and say how many types of laws exist in the US; name the laws:
LAW-MAKING IN THE USA
The Constitution vests in the Congress the power to pass legislation. A proposal considered by the Congress is called a bill. A bill will become a law if the majority of each house of the Congress – two thirds – votes to adopt the bill, and if the President does not veto it. A law issued by the Congress is federal law. It is the supreme law of the country.
Some acts of the USA Congress are statutes. Statutory laws are collected in the United States Code. The Code is not itself a law, it merely presents the statutes in a logical arrangement – in sections. Each section deals with some sphere of life. Thus there is the section concerning education, medicine, legal services, foreign relations etc.
The Congress’s lawmaking power is limited because according to the constitution there are specific areas where the Congress may not legislate. Article 1, section 9 of the Constitution forbids the Congress from passing certain types of laws. For example, the Congress may not pass any law that applies retroactively, or levy a tax on export.
However, U.S. law is more than the statutes passed by the Congress. In some areas, the Congress authorizes administrative agencies to adopt rules that add detail to statutory requirements. So the laws may differ from state to state. In some states there are very strange laws (for example, in Taxes 1) it is illegal for one to shoot a buffalo from the second story of a hotel, or 2) a recently passed anti-crime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed, or 3) the entire Encyclopedia Britannica is banned because it contains a formula for making beer at home). But it is necessary to remember that the supreme law is still federal law, not state law.
The subdivision into federal and state law is a specific and distinguishing feature of the USA legal system. To understand this, it helps to recall that the United States was founded not as one nation, but as a union of colonies, each claiming independence from the British Crown.
5. Skim the text once again and place the sentences which summarize its information in a correct order. Mind that there is one extra sentence:
1. Laws in the USA differ from state to state.
2. The judiciary is independent of the legislative and the executive.
3. Some rules deal with specific areas of life.
4. The subdivision into federal and state laws is due to historical reasons.
5. According to the constitution of the USA the Congress has the power to enact laws.
6. Constitution does not allow the Congress to pass all the laws.
ORAL SPEECH PRACTICE
I. Mind your grammar when you speak
1. Ask your friend how much time he needed to do this or that action, work in pairs:
Model: A: How long have you been studying English? You speak English so well.
B: Let me think ... I began studying English last year.
So I've been studying it for nearly a year.
Prompts: to translate this text – at 10 o'clock; to type the article – at 12 o'clock; to learn to drive a car – in January; to watch TV – at 11 o'clock; to wait for a bus – at 9 o'clock; to live in New York – to come in 1980; to paint the picture – in September; to perform the duties of the manager – in 1992.
2. Explain why you or your friend has achieved some progress in this or that sphere, work in pairs:
Model: A: Kate sings well.
B: She has been studying at the conservatoire for 3 years.
Prompts: Jim – to be a very good teacher – to teach for 20 years; Sam – to speak French well – to study French for 2 years; Nick – to have a rich collection of pictures – to collect pictures for 10 years; Mrs. Blake – to be an experienced lawyer – to practice law for 25 years; Nancy – to be a senior teacher – to wait for promotion for 5 years.
3. Speak about things your friend and you have been trying to do for a long time but haven't succeeded in doing them yet:
Model: I've been playing football for 3 months but I haven't succeeded yet.
Prompts: to make dresses; to play the violin; to paint pictures; to type; to play golf; to drive a car; to perform these duties; to study Spanish; to translate the text.
4. Your friend wants to know what you had been doing prior to another action, work in pairs:
Model: A: What had you been doing before I rang you up?
B: I had been looking through new magazines for
about an hour before you rang me up.
Prompts: to come – to write a report; to become a student – to work at the plant; to return – to prepare for classes; to offer the job – to look for a job; to see Mr. Brown – to work in the garden; the telephone – to ring – to type an article; to come – to do some clerical work.
II. Conversational formulas
Gratitude
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Thank you. |
– Спасибо. |
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Thanks. |
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Thank you very much. |
– Большое спасибо. |
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Thanks a lot. |
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That’s/It’s very kind of you. |
– Очень любезно с вашей стороны. |
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That’s/It’s very kind of you. |
– Очень вам благодарен. |
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I'm very much obliged to you. |
– Очень вам признателен (обязан). |
Possible replies
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That’s O.K./all right. |
– Пожалуйста. |
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Not at all. |
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Don’t mention it. |
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You are welcome. |
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It’s a pleasure. |
– Мне это доставило удовольствие. |
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That’s really nothing. |
– Это пустяк. |
Exercises
1. Read and translate the following flashes of conversa tion, work in pairs:
1
A: Thank you for the party. It was wonderful.
B: You're welcome. I'm glad you liked it.
2
A: A cup of coffee, Mary?
B: Thanks. I'd like one.
3
A: I'll give you a lift home.
B: That's very kind of you. Thanks a lot.
4
A: How do I get to the nearest police station?
B: It's the next turning on the left.
A: Thank you very much.
B: Not at all.
5
A: Here's your book. You left it in the office.
B: Thanks awfully. I'm very grateful to you!
A: That's OK.
6
A: I have no money on me.
B: I'll pay for your ticket.
A: I'm very much obliged to you.
B: That's all right.
7
A: Thank you for a very pleasant evening.
B: It's a pleasure for me to spend an evening with you.
2. Insert the phrases of gratitude into the following flashes of conversation, work in pairs:
1
A: Oh, where are my glasses?
B: Here they are.
A: Oh, ..., dear. Where have you found them?
B: You left them in the kitchen.
2
A: I've reserved a room at your hotel.
B: Let me see. Oh, yes! We've reserved a room for you.
A: ...
3
A: ... for the journal. It was most interesting.
B: ... I'm glad you liked it.
4
A: Many happy returns of the day, Lucy. Here's your birthday
present.
B: ...
5
A: Could you give me your dictionary for a few hours?
B: Here it is.
A: ... I'll return it in the evening.
B: ...
6
A: ... for your assistance.
B: …
III. Polylogue
1. Read the polylogue:
Polylogue
A group of Deputies of the Russian State Duma participated in the scientific conference held in our Academy. Mr. Patrick Morris, an American congressman, was among the guests. He made an interesting report which drew attention of many participants of the conference. At the plenary session Mr. Morris answered questions of the participants of the conference and our students, members of the Students’ Club. Here is the part of his interview.
Victor: Mr. Morris, you are a Congressman, so you can explain some problems connected with legal terminology. I’d like to know the difference between “a bill”, “a resolution”, “a joint resolution”, and “a concurrent resolution”.
Mr. Morris. Thank you for your question. It’s pleasant to know that you so closely follow the process of lawmaking in the American Congress. You see, the term “bill” is used in common language to describe any legislative proposal that is not procedurally correct. You are right that there are four types of legislative measures: bills, joint resolutions, concurrent resolutions, and simple resolutions. The key distinction is that two make law, and two don’t. Those that make law are bills and joint resolutions, while concurrent and simple resolutions do not.
Oleg: Mr. Morris, everybody knows that deputies of our State Duma are not professional politicians and lawyers. What occupations, besides the law, have members of Congress held prior to their election?
Mr. Morris: I believe that the situation is much alike in any parliament. In the American Congress there are more lawyers than any other occupation, about. According to Congressional Quarterly Weekly Report, lawyers are followed by the following fields: businessmen and bankers, public servants and politicians, educators, farmers, realtors, journalists, medical professionals, law enforcement officers, engineers. There are also health and care providers, actors, artists, military officers, aerospace professionals and so on.
Vera: Mr. Morris, a lot is said now about face control and dress code. Does the Congress require a certain dress code? Once I saw a picture of a female member on the House floor wearing tennis shoes. I have also seen Members wear sport team t-shirts. Are those appropriate clothes?
Mr. Morris: Friends, as far as I know, House rules do not spell out what is or is not appropriate clothes, except for prohibiting the wearing of hats on the floor. The Chair stated that “appropriate attire”, that is clothes, for men meant coats and ties. In a later ruling, the Chair stated that Members could not wear overcoats on the floor. As for sports t-shirts, I believe that wearing such a t-shirt is understood to be a part of a moment of frivolity, for example home team victory, that passes quickly. In the Senate, there is not a single word in the rules about attire. Only twice they referred to personal behavior. In 1914, the Chair ruled that smoking was not permitted on the Senate floor, and in 1966 the Chair ruled it was O.K. to drink milk while delivering a speech on the floor.
Lena: Would you like to say how long it takes for a new Senator or Representative to learn the complex rules of floor activity and if they get training before they take office.
Mr. Morris: A good question. The answer is that it depends on the Member’s own interest in learning the rules, traditions, and procedures of the Senate or House and his or her commitment of time to this task. New Members learn by watching their colleagues on the floor, they ask the floor staff who are always around to answer questions or give advice. Other Members are lucky to have a mentor that is the head of their state delegation or the senior Senator from their state.
Misha: Mr. Morris, I suppose that my question is rather interesting for many of us. Will you to tell us why the Senate is called “Senate” and the House of Representatives, “House”? Why are the terms House and Congress used interchangeably? And why are Members of the House called Congressmen, but Senators aren’t?
Mr. Morris: Dear colleague, the framers of the Constitution chose “Senate” for the upper body because most of them had a classical education and were very well informed in the ways and wisdom of the Roman Republic. “Senate” was the name given the supreme council of state in ancient Rome, and its members were called “Senators”. As for the House, “house” is simply a straightforward word for referring to a legislative body or assembly of representatives. It is not accurate to use “house” and “Senate” interchangeably. Congress is both the House and Senate. However, this logic does not extend to the terms of address. Senators are only called Senators, while House Members may correctly be called Congressmen or Representatives.
Speaker: Dear participants and guests, it’s high time for a coffee break. After the break we shall continue our session.
IV. Problem solving
1. Read the text expounding certain rights and duties of the Russian President. Choose three or four and illustrate them using current activity of the Head of the State.
e.g. The President has the right to chair meetings of the Government of Russia. On (date) of (month) our President chaired the meeting of the Government. The following urgent questions were discussed: …
LISTENING
1. Election Day
1. Read and memorize the following words and word combinations:
reject – отвергать, отклонять: I believe that you must reject this offer because it is bad.
general law – общий закон: The constitution is the supreme and the most general law of the land.
appoint – назначать, определять: The President appoints high officials of the country.
even number – четное число: 2, 4 and 6 are even numbers.
harvest – урожай, сезон уборки урожая: Harvest festival is held every year in this village.
lawmaker – законодатель: The House of Representatives and the Senate are the bodies of US lawmakers.
force – заставлять, принуждать: If you do not want to do it, they will force you to.
church services – церковная служба: They attended church services every Sunday.
2. Listen to the text and memorize what years and dates became important for the American federal legislature. What are those years and dates famous for?
3. Choose the sentences corresponding to the text:
1. Elections in the USA are always held on the Tuesday after the 1st Monday in October. 2. General laws are listed and kept in a group of books known as the United States Code. 3. The lawmakers chose early November because they thought November was the best time for farmers and other workers to travel to voting places. 4. Most of the people did not have to travel long distances to voting places. 5. The harvest is finished when elections start.
4. Listen again and answer the following questions:
1. When do Americans have their election day? 2. How many members of the House of Representatives and Senators are elected? 3. What office is the United States Code published by? 4. Members to the House of Representatives are elected in every even-numbered year, aren’t they? 5. Why did lawmakers choose early Novembers and Tuesdays for elections?
2. American History Series:
Two-Party Political System Takes Hold in US
1. Read and memorize the following words and word combinations:
hold – зд. поддерживать, придерживаться (мнения): I hold strongly to the idea that the university should seek funding from industry and commerce.
belief – вера, мнение: His belief is a fundamental value of parliamentary democracy.
urge – настаивать: Workers in other industries should be urged into actions.
rebel – сопротивляться: The Duke of Monmouth, who rebelled against his uncle James the second in 1685.
misuse – неверно использовать: He wanted to prevent science from being misused.
2. Listen and choose the sentences corresponding to the text:
1. George Washington belonged to the party of Representatives. 2. There were no established organizations that offered candidates for elections. 3. Each group represented the political beliefs of its leaders. 4. Thomas Jefferson and the Republicans did not support the Constitution as a plan of government. 5. Jefferson did not respect Hamilton’s political power. 6. Jefferson's party included only rich men.
3. Listen again and answer the following questions:
1. Did George Washington belong to any political party? 2. What policies were supported by Thomas Jefferson and Republicans? 3. Whose personal disagreements turned in to a public dispute? 4. Who became one of the strongest voices calling for a convention to amend the Articles of the Confederation? 5. Who supported Hamilton?
3. US Supreme Court to Rule on Voter Rights
1. Read and memorize the following words and word combinations:
provisional – временный, ориентировочный: Under the law, a voter has to present a government-issued photo identification card at a polling place (such as a driver's license or a passport) to be eligible to cast a ballot. Without it, the voter is given a provisional ballot, which will not be counted unless he or she returns with acceptable proof of identity.
affidavit – аффидавит, письменное показание или заявление под присягой: Other states' polling places accept documents of identification like utility bills or voters' sworn affidavits.
infringe on/upon – нарушать, посягать, ущемлять: No one should infringe upon the rights of other people. The new law infringes on the right of voters.
disenfranchise – лишать избирательного права: If the Indiana law were upheld [by the high court] and applied nationally, we would potentially disenfranchise about 21 million people.
swing – v резкое качание, колебание; n резкий поворот: The polls showed a swing to the left. The latest news may swing the elections.
2. Listen and name the documents belonging to each group:
1) documentation necessary to make that ballot counts;
2) documentation giving a provisional ballot.
Prompts: utility bills; government-issued photo identification card (ID); driver's license; voters' sworn affidavits; passport.
3. Listen again and name as many details as you can on these issues:
1. Voters eligible to cast a ballot under the Indiana law.
2. Social groups affected by the Indiana law.
3. Arguments of the Indiana law advocates.
VOCABULARY
accustom – привыкать, приучать
acquire – 1) приобретать; 2) достигать, овладевать
adult – 1) n взрослый, совершеннолетний; 2) a для взрослых
agenda – повестка дня
announce – объявлять, извещать
approve – 1) одобрять; 2) утверждать
assemble – 1) собирать(ся); 2) созывать
assent – 1) согласие; 2) разрешение, санкция
bankrupt – банкрот, несостоятельный должник
bench – 1) скамья;
2) суд, место судьи; 3) место (в парламенте)
bill – законопроект
chairman – председатель
claim – 1) заявлять права; 2) требовать
consequence –
1) (по)следствие; 2) вывод, заключение
constituency – 1) избиратели; 2) избирательный округ
counterpart – 1) двойник; 2) юр. противная сторона
current – текущий, современный
delegate – 1) передавать полномочия; 2) поручать
deliver – 1) доставлять; 2) произносить, читать
depend – зависеть
desire – 1) желать; 2) требовать
determine – 1) определять, устанавливать; 2) решать
discharge – 1) отпускать, освобождать; 2) восстанавливать в правах
disqualify – лишать права
duty – долг, обязанность
eligible – имеющий право быть избранным
empower – 1) уполномочивать; 2) давать возможность
enactment – введение закона в силу
enforce – 1) проводить в жизнь, придавать силу; 2) принуждать, заставлять
entrust – вверять, возлагать, поручать
examine – рассматривать, исследовать
expiry – окончание, истечение срока
explain – объяснять, толковать
fix – 1) закреплять, устанавливать; 2) управлять, регулировать
focus – сосредотачивать (внимание)
handle – 1) делать; 2) управлять, регулировать
imprisonment – заключение (в тюрьму), лишение свободы
inferior – нижестоящий
issue – 1) выпуск, издание; 2) спорный вопрос, проблема
landlord – землевладелец
leave – 1) разрешение; 2) отпуск
leave of absence – отпуск
levy – облагать (налогом)
limit – ограничивать
nature – сущность, характер, природа
office – должность, служба
opinion – мнение, взгляд
particular – 1) особый, специфический; 2) подробный
population – население, жители
prayer – 1) молитва; 2) просьба
present – 1) дарить; 2) представлять
preside – 1) председательствовать; 2) осуществлять, руководство
pronounce – 1) произносить; 2) высказывать; 3) заявлять
propose – 1) предлагать; 2) предполагать
prorogation – перерыв в работе парламента
recall – вспоминать, напоминать
reject – отвергать, отказывать
rely – полагаться, доверять
retire – 1) уходить в отставку, увольняться; 2) удаляться
row – ряд
rule – правило, принцип, норма
salary – жалование, оклад
sentence – осуждать, приговаривать
sole – 1) единственный; 2) исключительный
sovereign – монарх
statute – статут, законодательный акт парламента
suffrage – избирательное право
supply – 1) снабжение, поставка; 2) pl. продовольствие, припасы
supremacy – верховенство, верховная власть
taxation – обложение налогом
temporary – временный
throw out – отвергать
tie – 1) бечевка, шнур; 2) галстук; 3) равный счет (голосов)
treaty – договор
tribunal – суд
try – 1) пытаться, стараться; 2) расследовать, судить; 3) добиваться
universal – всеобщий
vest – 1) облекать; 2) наделять
violation – нарушение
vote – голосовать
warn – предупреждать, предостерегать
writ – судебный приказ
writ of summons – приказ о вызове в суд
LESSON EIGHT
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Grammar: Sequence of Tenses. Word-building: Affixes -ism, dis-. Reading and Oral Speech Practice: The Executive Branch of Power in Great Britain and the USA. Conversational Formulas: Ways of Expressing Surprise. |
GRAMMAR
Sequence of Tenses
(Согласование времен)
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Правило согласования времен распространяется в основном на употребление времен в придаточных дополнительных. Если глагол-сказуемое главного предложения стоит в одной из форм прошедшего времени, то глагол-сказуемое придаточного предложения может быть употреблен только в одной из форм прошедшего времени. |
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Время совершения действия |
Пример |
Перевод |
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Одновременные действия в главном и придаточном предложениях |
We knew that he studied civil law. We knew he was studying civil law for two years. |
Мы знали, что он изучает гражданское право. Мы знали, что он изучает гражданское право 2 года. |
|
Действие в придаточном предложении предшествует действию в главном предложении |
I knew that she had written a letter to her friend. I knew that she had been writing a letter in the morning. |
Я знал, что она написала письмо своему другу. Я знал, что она писала письмо утром. |
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Действие в придаточном предложении следует за действием в главном предложении |
I knew that he would write a letter to his friend. I knew that he would be writing a letter to his friend next morning. I knew he would have written the report by the end of the week. |
Я знал, что он будет писать письмо своему другу. Я знал, что он будет писать письмо своему другу завтра утром. Я знал, что он напишет доклад к концу недели. |
Notes: Для выражения действия, следующего за действием главного предложения в прошедшем времени, используется время Future in the Past (будущее в прошедшем), которое образуется с помощью вспомогательного глагола should (для 1 лица ед. и мн. числа) и would (для остальных лиц) и инфинитива смыслового глагола без частицы to.
Необходимые изменения в структуре предложения
при переводе прямой речи в косвенную
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При переводе прямой речи в косвенную, если глагол-сказуемое главного предложения стоит в одном из прошедших времен, время глагола-сказуемого в при даточном предложении изменяется таким образом: |
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Present Indefinite Present Continuous Present Perfect Present Perfect Continuous Past Indefinite Past Continuous Future Indefinite Future Continuous Future Perfect Future Perfect Continuous |
Past Indefinite Past Continuous Past Perfect Past Perfect Continuous Past Perfect Past Perfect Continuous Future Indefinite in the Past Future Continuous in the Past Future Perfect in the Past Future Perfect Continuous in the Past |
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Обстоятельства времени меняются следующим обра зом: |
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this these here now on Saturday today yesterday ago last tomorrow the day after tomorrow next |
that those there then/at that time that Saturday that day the day before before the previous the next day in two days following |
Note: О других изменениях см. урок 1 основного курса (Reported Speech).
1. Translate the sentences:
a) 1. They said that they had been discussing provisions of a new criminal code for several days. 2. Ann said that she was studying the report of the trial at that time. 3. Jack said that he had performed his duty. 4. Pete said that Sam Williams had been removed from his post. 5. She said that she had been practicing law in that firm for two years. 6. The attorney said that a lot of crimes had been prevented by the police.
b) 1. He said that much effort would be made to settle the problem. 2. They declared that they would set an independent law society. 3. I said that I should have been interviewing the witnesses till the trial began. 4. Jane said that we should prevent Tom from making such a decision. 5. The police officer told us that the crime would have been discovered by the end of the week. 6. They said that he would be preparing for his report the next day long.
2. Open the brackets using the correct tense-form of the verb:
1. She said that Professor N. (to tell) about the legal system in Great Britain at that time. 2. Professor N. told us that the students (to listen) to all his lectures with great interest. 3. He said that they already (to discuss) the matter in details and (to sign) the contract the next day. 4. He said that he (to read) that document, when John came to him. 5. The newspaper reported that the day before yesterday many cars (to get) into a traffic accident because it (to snow) all day long. 6. He said that he (to finish) his practice at this law office by the end of the month. 7. They declared that considerable changes (to make) in legislation in recent years.
3. Change the Direct Speech into Indirect:
1. I told John, "I have lost my textbook here". 2. Jim told the policeman, "I was a witness of that accident yesterday". 3. The teacher told the students, "I'm going to give you a test the day after tomorrow". 4. Jane said, "It's necessary to discuss the annual report of this committee today". 5. Professor Smith said to John, "I shall have read your thesis by tomorrow". 6. Sam told us, "I was fined by a policeman two days ago". 7. Pete said, "I shall provide the evidence next week." 8. He said, "We shall be discussing this case from 3 till 5 tomorrow". 9. She said, "I go to the institute by bus every day". 10. Pete said, "I'm studying the investigator's report now".
4. Translate the sentences:
1. Мы знали, что сейчас обсуждаются новые положения уголовного законодательства. 2. Я не знал, что Джону уже присвоили степень бакалавра. 3. Она сказала мне, что знает три иностранных языка. 4. Он спросил меня, кто будет рассматривать это сложное дело. 5. Ольга считала, что необходимо дополнить доклад спис ком литературы. 6. Он полагал, что преступник будет скоро обнаружен. 7. Мне говорили, что этот закон был отменен. 8. Я думал, что его уже приняли в коллегию адвокатов. 9. Я знал, что договор уже подписан. 10. Я думал, что вам понравится его отчет. 11. Профессор сказал, что экзамен будет или во вторник, или в среду. 12. Все полагали, что члены комитета будут утверждены к концу недели. 13. Джим сказал, что он придет завтра.
WORD-BUILDING
|
Аффикс |
Производящая основа |
Производная основа |
Словообразовательное значение |
Примеры |
|
-ism |
Существительное Прилагательное |
Существительное Существительное |
а) Учение, теория, направление, общественный строй. б) Опредмеченное действие или его результат. |
Darwin - Darwinism capital – capitalism hero – heroism |
|
dis- |
Глагол |
Глагол |
а) Действие, противоположное указанному мотивирующей основой. б) Лишать чего-н. |
to agree – to disagree to colour – to discolour |
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Прилагательное |
Прилагательное |
Противоположное качество. |
loyal – disloyal |
Exercises
1. Form the derivatives with the help of the affixes: a) -ism, b) dis-; translate them into Russian.
a) material, human, ideal, individual, real, capital, progressive, evolution, impression, Nazi, colonial, conservative, vandal, moral, union;
b) to agree, to like, to organize, to continue, to interest, to qualify.
2. Give the same notion in one word:
not loyal, not honest, cease to use, cease to continue, cease to connect.
READING
A – 1
1. Read the following words; mind their pronunciation:
executive [gzekjutv], policy [pls], exercise [ekssaz], chancellor [a:nsl], exchequer [ksek], majesty [mdst], treasury [trer].
2. Look through the plans and say which one is suitable to speak on the topic “THE GOVERNMENT”:
1. Head of the Government.
2. Cabinet.
3. Ministers.
4. Government Department.
1. Prime-Minister.
2. Home Minister.
3. Foreign Minister.
4. Minister of Education.
3. Read and translate the text; explain your variants of translation of word-combinations in black type:
THE BRITISH GOVERNMENT
The Executive branch of power in Great Britain is represented by the Cabinet and other ministers of the crown, Government departments, local authorities and statutory boards.
Her Majesty’s Government is the body of ministers charged with the administration of national affairs. Framing the foreign and home policies is one of the main functions of the government. In recent years the scope of governmental functions has become wider. Now it is also responsible for supervising finance, different social services, etc.
The leader of the party that has a majority in the House of Commons is appointed Prime Minister by the Sovereign. All affairs of the state are conducted in the name of the Queen (King), but really the PM is responsible for every matter submitted to Parliament. He is a virtual ruler of the country. Informing the sovereign of the general business of the Government is what the PM does as well. He also presides over the meetings of the Cabinet, which are always secret.
The Cabinet has no legal existence beyond the powers of the ministers of the Crown. It is simply a committee for carrying out the business of the Government. The functions of the Cabinet are to initiate and decide on policy, to exercise the supreme control of government and to coordinate Government Departments. The chairman of the Cabinet is the PM. It is he who appoints its members, summons it and can dissolve it.
Who usually constitutes the Cabinet are the PM, the Chancellor of the Exchequer, the Foreign Secretary, the Lord Chancellor, the Secretary of War, the Secretary of State for the Home Department, the Secretary of State for Education and Science, etc. Most Cabinet ministers hold posts of heads of Government departments. Each Department specializes in a particular subject. The key government departments are: The Cabinet Office, Her Majesty’s Treasury, the Foreign and Commonwealth Office, the Ministry of Defense and the Home Office.
Ministers in charge of Government departments are professional politicians. They are appointed because of their deep knowledge of the subject handled by the Department they are at the head of. They are known as “Secretaries of State” or “Ministers” or may have a traditional title.
4. Give the Russian for:
to be represented by, body of ministers, supervise finance, to be conducted in the name of the Queen, virtual ruler of the country, to carry out the business of the country, to exercise the control, to appoint, to summon, to dissolve, the Ministry of Defense, the Home Office, in charge of, deep knowledge of the subject.
5. Give the English for:
местные власти, установленный законом орган управления, государственные дела, закрытое (тайное) заседание, определять политику, составлять кабинет, министр иностранных дел, министр обороны, казначейство её величества, министерство по иностранным делам и делам содружества, профессиональный политик, управлять (осуществлять контроль).
6. Match the words:
|
to supervise |
authorities |
|
to appoint |
meeting |
|
local |
knowledge |
|
Foreign |
policy |
|
secret |
Secretary |
|
statutory |
members |
|
to dissolve |
Minister |
|
Prime |
title |
|
home |
the Cabinet |
|
traditional |
social services |
|
deep |
boards |
|
to be represented |
with |
governmental functions |
|
to be responsible |
on |
the Exchequer |
|
to be appointed |
by |
administration of national affairs |
|
to be charged |
at |
supervising finance |
|
to decide |
policy |
|
|
the scope |
of |
the Sovereign |
|
the Chancellor |
for |
the Cabinet |
|
to be |
- |
the head of |
1. What is the composition of the executive branch of power in Great Britain? 2. What is the main function of Her Majesty’s Government? 3. Who is appointed Prime Minister by the Sovereign? 4. Who is the virtual ruler of Great Britain? 5. What kind of body is the Cabinet of Ministers in Great Britain? 6. What is the main function of the Cabinet? 7. Who is the chairman of the Cabinet? 8. Who usually constitutes the Cabinet? 9. What posts do most Cabinet ministers hold? 10. What are the main government departments in Great Britain? 11. Are ministers in charge of Government departments professional politicians? 12. What is the ground for the ministerial appointments in Great Britain? 13. What are the traditional titles of the ministers in Great Britain?
A - 2
1. Read the following words and proper names; mind their pronunciation:
style [stal], colleague [kli:g], bi-lateral [baltrl];
Downing Street [daun stri:t], Margaret Thatcher [ma:grt ], Tony Blair [tun bl], Gordon Brown [gdn braun].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
colleague, minister, cabinet, regular, style, personal, ratification, secretariat, Prime Minister.
3. Translate the following family words:
member – membership, to oblige – obligatory – obligation, to ratify – ratification.
4. Skim the text to complete the following statements:
1. This text deals with … 2. The first paragraph is about … 3. The second paragraph gives details about … 4. The third paragraph is devoted to … 5. In the fourth paragraph there is information about … 6. The main idea of the fifth paragraph is … 7. Finally, there are some facts connected with …
MEETINGS OF THE CABINET
In Great Britain “Her Majesty’s Government” or the Cabinet consists of 20 ministers. The number is not strict – it depends on the desire of the Prime Minister, although the membership of senior ministers is obligatory.
The meetings of the Cabinet take place at No. 10 Downing Street. They are regular – every week on Thursday morning but the Prime Minister has the authority to summon the Cabinet to meet at any time if the situation so requires. The length of meetings varies according to the style of the Prime Minister and political conditions. Today meetings can be as little as 30 minutes in length because the Prime Minister often has discussions with individual departmental Cabinet colleagues before the official ratification.
The Ministers discuss the most important issues of government policy and make decisions. They should decide matters concerning their departments, but on important political matters they consult their colleagues collectively. Their decision binds the Government as a whole.
The Cabinet has numerous sub-committees which focus on particular policy areas. These may be permanent committees or those set up for a short period to look at particular issues. The members of these committees are Secretaries of State and Junior Ministers. A small secretariat within the Cabinet office is responsible for the transaction of government business through meetings of the Cabinet and its committees.
In recent years, weekly meetings of the full Cabinet were to be more concerned with the exchange of information and ratification of decisions, major decisions being taken by Cabinet Committees or in informal groups, often bi-laterals between the Prime Minister and an individual minister.
Most Prime Ministers have had a so-called "kitchen cabinet"1 consisting of their own trusted advisers who may be Cabinet members but are often trusted personal advisers on their own staff. In recent governments (generally from Margaret Thatcher), and especially in that of Tony Blair and Gordon Brown, it has been reported that many, or even all major decisions have been said to be made before cabinet meetings.
Note: 1kitchen cabinet - "кухонный" кабинет (группа неофициальных советников главы правительства)
5. Say what you have learned from the text about:
a) the meetings of the Cabinet; b) the functions of the sub-committees; c) the “kitchen cabinet”.
A – 3
1. Scan the text and entitle it:
In the United Kingdome of Great Britain and Northern Ireland the Prime Minister is the most senior officer of the government. He is appointed by the Sovereign. Traditionally it is the person who has support of the House of Commons (normally, the leader of the party with a majority in that body). If the Prime Minister loses the confidence of the House of Commons, he or she is morally obliged by similar conventions either to resign (in which case the Sovereign can try to find another Prime Minister who has the House's confidence) or to request the monarch to call a general election.
The Prime Minister holds one of ministerial offices. He is normally First Lord of the Treasury—and indeed receives his or her salary and public accommodation only by virtue of that office.
B – 1
1. Read the following words; mind their pronunciation:
appointee [pnti:], faithfully [feful], budget [bdt], solemnly [slml], according [kd], execute [ekskju:t].
2. Read and translate the text; explain your variants of translation of the sentences in black type:
EXECUTIVE POWER IN THE USA
The executive branch of the government enforces the law. It is vested in the President, who holds office during the term of four years and is elected together with the Vice-President. Article II of the Constitution prescribes that before the president takes office, he or she must solemnly swear to “preserve, protect and defend the Constitution of the United States.”
The executive branch is made up of the President and all that fall under the President’s statute, including appointees, administrative agencies and all departments established to execute the law. The President can neither create legislation, nor encroach upon the legislative branch. Many of the President’s appointees, as well, must be approved by the legislative branch. For example, the President appoints the Judges to the Supreme Court but his nominations must be approved by the Senate. So the branches are not absolutely separate as they should be according to the theory of separation of powers which states that all the branches of power – the legislative (Senate and House of Representatives), the executive (President) and the judiciary (Supreme Court) are discrete bodies. They should not be united in one body if the state is democratic.
Among the duties and powers of the President listed by the Constitution are the following ones: the President is Commander-in Chief of the armed forces, he makes treaties and appoints ambassadors to foreign powers as well as other high officers of the United States. Within his competence is also responsibility for taking care that the laws be faithfully executed.
The administrative business of the nation is conducted by Secretaries who form the Cabinet. They are appointed by the President but their nomination must be confirmed by the Senate. The Cabinet is a kind of an advisory group to the President. The Cabinet members are: the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney-General1, the Secretary of the Interior, etc. The Vice-President participates in the Cabinet meetings as well.
The executive Officers of the President are represented by a group of agencies. First of all these are the White House Office, the Bureau of the Budget, the National Security Council, the Central Intelligence Agency2, etc. These are bodies which carry out administrative functions.
Notes:
1Attorney-General – а) министр юстиции и генеральный прокурор (в США); б) главный прокурор штата (в США)
2Central Intelligence Agency (CIA) - ЦРУ
3. Give the Russian for:
to be vested in the president, appointee, to fall under the statute, to create legislation, Commander-in-Chief, to make treaties, to be faithfully executed, to be confirmed by the Senate, Secretary of the Treasury, Secretary of the Interior, to participate in the meetings, to carry out administrative functions.
4. Give the English for:
вводить закон в действие, занимать пост, вступить в должность (приступить к выполнению своих обязанностей), исполнять закон, вторгаться в дела законодательной ветви власти, обособленные (отдельные) ведомства, вооружённые силы, назначать послов для службы в иностранных державах, административные дела государства, консультативный совет, госсекретарь.
5. Explain what is wrong in the sentences:
1. The Executive branch of power enacts the laws. 2. The head of the Executive branch of power is the Vice-President. 3. Before the President takes office he must swear to “preserve, protect and neglect the Constitution of the United States”. 4. The President is the head of the executive branch of a state government. 5. Many of the President’s appointees must be approved by the judiciary. 6. In the USA the three branches of power are absolutely separated. 7. The main powers of the President are: the President is Commander-in Chief of the armed forces, he makes treaties but he does not appoint ambassadors to foreign powers as well as other high officers of the United States. 8. The administrative business of the nation is conducted by the Supreme Court Judges. 9. The Cabinet members are: the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney-General, the Secretary of the Interior and the Police Officer.10. The executive Officers of the President are not represented by a group of agencies.
B – 2
1. Read the following words and proper names; mind their pronunciation:
structure [strk], procedure [prsi:d], judiciary [du:dr];
Chicago [ka:gu], Nebraska [nbrsk].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
budget, procedure, camera, statute, president, theory, democratic, competence.
3. Analyse the structure of the following words:
complexity, bicameralism, voter, to enforce, president, democratic, competence.
4. Scan the text and its summary and insert the missing words:
There are different layers of government in the USA – federal, state, … and local. Closest to the everyday issues of the citizens is … government. Every state has its own constitution, government and … . The head of state is the … . Within the state government there are many … which are very specialized, i.e. they deal with special issues like traffic or water supply.
THE AMERICAN SYSTEM OF GOVERNMENT
The governmental system in the United States has several layers – federal, state, county and local. The complexity of the cities’ political and governmental structure is great. For example, the “real Chicago” spreads over 2 states, 6 counties, 10 towns, 30 cities, 49 townships, and over 110 villages. The structure includes 235 tax districts and more than 400 school districts.
The state governments have the greatest influence over most Americans' daily lives because they handle the issues most relevant for an individual in that state. The state also goes through budget cuts at any time the economy is unstable.
Each state has its own written constitution, government, and code of laws. There are sometimes great differences in law and procedure between individual states, concerning issues such as property, crime, health, and education. The highest elected official of each state is the Governor. Each state also has an elected state legislature (bicameralism is a feature of every state except Nebraska), whose members represent the voters of the state. Each state maintains its own state court system. In some states, supreme and lower court judges are elected by the people; in others, they are appointed, as they are in the federal system.
The institutions that are responsible for local government in states are typically town, city, or county boards, water management districts, fire management districts, library districts, and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol, and the keeping of animals, etc. The highest elected official of a town or city is usually the mayor.
5. Scan the text once again and retell it.
B – 3
1. Read the following words; mind their pronunciation:
eligible [eldbl], vary [ver], literacy [ltrs], clerk [kla:k], nominee [nmni:], campaign [kmpen], ex officio [eks fu].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
campaign, platform, commission, clerk, candidate, delegation, to combine, convention.
3. Analyse the structure of the following words:
citizenship, qualification, indirectly, nominee.
4. Remember the following words:
residence - местожительство; местонахождение, местопребывание
1. This is the official residence of the President. 2. There is a good residence for sale.
to be eligible for – соответствовать (чему-н.), иметь право (на что-н.)
1. He is eligible to be elected a deputy. 2. He is eligible for the post.
literacy – грамотность
1. Computer-literacy is required for our employees. 2. The government started literacy campaign.
precinct - административный округ, относящийся к определённому полицейскому или избирательному участку в городе
1. Precinct is a division of a town or a city for election or police purposes.
polling – голосование
1. Polling was quite heavy. 2. We are going to the polling place.
5. Scan the text and say if the system of election is direct or indirect in the USA; explain what it means.
ELECTIONS IN THE USA
The USA Constitution includes certain requirements for candidates for a post of a president, a vice-president, a senator or a representative. The requirements usually concern age, residence and citizenship. The candidates who meet all these requirements are considered eligible for office.
A residence qualification requires a permanent residence of a person in order to get the right to vote and to be elected. The duration of the residence qualification is in general a few months, though it may vary from state to state.
Besides, some states have the so-called literacy qualification (the voter should be able to read and speak English, he (she) must know how to interpret the USA constitution, etc.)
The voters are registered by clerks of counties or towns and by local election commissions which are usually composed of two members, one representing each of the major parties and a third ex officio1 member: a sheriff, a county judge, or a clerk. Prior to holding primary or general election the commission appoints election officers for each precinct and also arranges for polling places. After the ballots have been cast, they are counted and the results obtained are tabulated and returned to the election commission which officially counts them.
Unlike most other countries using the presidential system, presidents are elected indirectly in the United States. A number of electors, collectively known as the United States Electoral College2, select the president instead. Each state is allocated a number of electors, equal to the size of its delegation in both houses of Congress combined. Electors are appointed by state legislators.
The modern presidential campaign begins before the primary elections, which the two major political parties use to clear the field of candidates in advance of their national nominating conventions, where the most successful candidate is made the party's nominee for president. By convention the party's presidential candidate chooses a vice presidential nominee. Also, the party establishes a platform on which to base its campaign. Although nominating conventions have a long history in the United States, their substantive importance in the political process has greatly diminished; however, they remain important as a way of energizing the parties for the general election and focusing public attention on the nominees.
Notes:
1ex officio - по должности , в силу занимаемой должности, должностной, официальный
2electoral college - 1) коллегия выборщиков (президента и вице-президента США); 2) избирательная коллегия
6. Scan the text once again and find English sentences which correspond to the Russian ones:
1. Кандидаты, отвечающие всем предъявленным требованиям, могут претендовать на эту должность. 2. В среднем кандидат на должность обязан постоянно проживать в одном месте несколько месяцев, хотя в разных штатах это требование может не совпадать. 3. Прежде чем проводить предварительные или всеобщие выборы, комиссия назначает главу избирательной комиссии каждого административного округа, а также готовит пункты для голосования. 4. Количество избирателей от каждого штата пропорционально сумме количества мест в обеих палатах Конгресса. 5. Партия разрабатывает платформу, на которой будет строиться избирательная кампания.
ORAL SPEECH PRACTICE
I. Mind your grammar when you speak
1. You are listening to a report on TV. You can't hear properly some of the phrases, ask your friend to repeat them:
Model: A: What did he say?
B: He said that 160,000 pounds had been stolen.
Prompts: 1. The modern presidential campaign begins before the primary election. 2. The voters are registered by clerks. 3. Each state is allocated a number of electors. 4. He is not eligible for the office. 5. The duration of the residence qualification is in general a few months.
2. You are investigating a serious crime. Telegrams you found are good evidence. Read them and explain to your colleague what each would be in full:
Model: Your letter received. Thanks for presents. Expect you soon. Laura.
Laura said in the telegram that the letter had been received and thanked somebody for the presents. Laura added that she expected somebody.
Prompts: 1. No telegram. Sam detained. Come immediate ly. Frank. 2. Documents lost. Staying here dangerous. Sam. 3. Life in danger. Frank. 4. Your presence necessary. Come without delay. Friend. 5. Meet tomorrow. "Red Arrow " train. Frank. 6. Expecting you Monday-Wednesday. Bring all papers. Sam.
3. You head the department of news in the local newspaper. Consult your chief what information to publish. Tell him about the news received lately:
Model: A woman escaped with 1,500 pounds yesterday after
threatening a shop assistant with a pistol at Leeds Building Society.
Our correspondent from Essex reported that a woman had escaped with 1,500 pounds yesterday after threatening a shop assistant with a pistol at Leeds Building Society.
Prompts: 1. Somali pirates who held a Ukrainian ship for five months free the vessel. 2. On election day, hundreds of Kurds complained that they couldn't find their names on voter registration lists. 3. The Bank of England has reduced interest rates to 1% from 1.5% in an attempt to push the slowing economy. 3. Snow still causes chaos across the UK, bringing school closures. 4. Car giant Ford is to cut up to 850 jobs. 5. Governor OKs $142 million in cuts; thousands of students plan to protest at state capitol. 6. With the theme "a new birth of freedom," Obama has modeled his inauguration after Abraham Lincoln's. 7. Schwarzenegger and Crist are among the governors who sent the President a letter in support of his plan. 8. Pope Benedict XVI spent five days in April of 2008 in the United States. 9. More parents are being held criminally liable for their teens' drinking parties.
II. Conversational formulas
Ways of expressing surprise
|
Oh! |
– А-а! Ах! |
|
Indeed? |
– Неужели? |
|
Really? |
– Это действительно так? |
|
Good heavens! |
– Боже мой! |
|
Dear me! |
|
|
What a surprise! |
– Подумать только! Удивительно! |
|
Well, I never! |
– Никогда бы не подумал! |
|
Oh, are you? |
|
|
Oh, do you? |
|
|
Oh, did she? |
– Неужели? Что вы говорите? |
|
Oh, were they? |
|
|
etc. |
|
|
Get away! |
– Перестаньте! Этого не может быть! |
|
You can't be serious! |
– Вы шутите! |
Exercises
1. Read and practise the following flashes of conversation, work in pairs:
1
A: Do you remember Bett Devis? She lived next door to me.
B: Yes, I do.
A: She is a filmstar now!
B: Really? I remember that she was fond of acting.
2
A: What do you think about Tom Fox?
B: Tom? What do you mean?
A: Well, haven't you heard? He's just become an Olympic
champion.
B: Has he really? Well, I never! I didn't even know that he
went in for sports.
3
А: I suppose you've heard the sad news about Frank?
B: Has anything happened?
A: I'm sorry, but Frank was injured in a car accident.
B: Oh! Good heavens! It can't be so!
4
A: Hi, Victor! How are you?
B: Fine, thank you! I see you are OK too.
A: You're right! I've just got a letter with the information that I
was awarded a prize.
B: Oh, were you? What a surprise! I congratulate you!
5
A: Oh, mum! Don't forget to take an umbrella, when you go for a walk.
B: Get away, dear. The sun is shining brightly and there are no clouds.
A: But I heard the weather forecast. I know that it will be a rainy day.
6
A: Oh, darling! I have a surprise for you.
B: You again lost your money, didn't you?
A: No, I have won a car in the lottery!
B: Dear me! You can't be serious! Well, I never!
2. Translate the Russian phrases in the following flashes of conversation, work in pairs:
1
A: Hallo, could I speak to Mr. Andrew?
B: I'm sorry, Mr. Andrew is out. He has left for London.
A: Неужели? Что вы говорите! Не promised to give several
consultations to the experts of our firm.
2
A: Sam, haven't you heard the news? Helen will sing in a TV
programme tomorrow!
B: Это действительно так? Рад за нее.
3
A: Dr. Rankins married and has two children now.
B: Вы шутите! Не is sixty.
4
A: Sally, will you come to the dancing party?
B: Я? Боже мой! Конечно, нет! I can't waste time on shaking
and twisting. I'd better sit and read a book.
5
A: Oh, Frankie! I can hardly recognise you. You look terrific! How are you? How are our classmates?
B: Glad to see you, Bob. I'm fine I seldom meet our classmates but Roy Sutcliff. We are colleagues.
А: Никогда бы не подумал! Не can't be working at school as he graduated from the Medical faculty.
3. Express surprise at your friend's statement:
Model: You think that it's easier to lose weight than to stay slim.
A: It's easier to lose weight than to stay slim.
B: Indeed? Get away. I think quite the opposite.
Prompts: 1. You say that you like classical music. 2. You say that Donald has won the competition. 3. You say that you invited the Robertsons to dinner. 4. You say that your classmate was appointed the manager of your firm. 5. You say that Dr. Parker is no longer practising law. 6. You say that Mike turned out to be a good pianist. 7. You say that you prefer work to play. 8. You say that it's difficult to drive a car.
III. Dialogue
1. Read the dialogue:
Mikhail Petrov, a postgraduate of Saratov State Law Academy Academy, is the Vice-Chairman of the Youth Public Parliament of the Russian Federation. As a member of the Youth Parliament he visited the United Kingdom of Great Britain and took part in a conference. Members of the British Parliament were among the participants of the conference. Mikhail had a talk with Gary Hart, Member of Parliament, representative of the Conservative Party and asked the deputy several questions.
Mikhail: Mr. Hart, I’d like to ask you a question about the British Shadow Cabinet. I heard much about this body but know little.
Mr. Hart: My dear friend, the Shadow Cabinet, also called the Opposition Front Bench, is a senior group of opposition spokespeople in the Westminster System of government who together under the leadership of the Leader of the Opposition form an alternative cabinet to the government’s. Since May 1997, the Official Opposition has been the Conservative Party.
Mikhail: Why do you use the word “shadow” and not just the term opposition?
Mr. Hart: You see, members of such a cabinet shadow or mark each individual member of the government. The shadow cabinet is, in effect, the alternative administration. Members of a shadow cabinet are often but not always appointed to a Cabinet post, if and when their party gets into government.
Mikhail: Mr. Hart, several times I’ve come across such a title – Her Majesty’s Loyal Opposition.
Mr. Hart: You’re right, in the United Kingdom and Canada the major opposition party is often called Her Majesty’s Loyal Opposition. The word “loyal” is used because while there are policy differences, everyone acknowledges the role of the opposition in the system. However, in other countries that use the Westminster System the opposition is known simply as The Parliamentary Opposition.
Mikhail: Mr. Hart, what is the most public parliamentary function of the Leader of the Opposition and the Opposition itself?
Mr. Hart: The most public parliamentary function of the Leader of the Opposition is Prime Minister’s Questions. The Leader of the Opposition has six questions which he asks during an opposition day. As for the other ministers’ questions I can say that every government department is subjected to questions in the House of Commons, and the House of Lords. The official opposition spokesmen can ask a number of questions. Backbench MPs are free to ask questions too. In the House of Lords opposition spokesmen also question the government.
Mikhail: Are special conferences held in the British Parliament when the opposition’s questions may be asked and answered?
Mr. Hart: You see, the British Parliament has a tradition of frequent “Opposition Days”. Out of a total some 160 days per session, every eighth day is an opposition day. This means that on those days issues proposed for consideration by the opposition shall have precedence over Government business.
Mikhail: Can we speak about cooperation between the government and the opposition?
Mr. Hart: Dear friend, I want you to get the main idea of the loyal opposition in Parliament. Opposition and government are not at war. Both sides have a common goal – the country’s stability, happiness and prosperity. Disagreements are only in methods which are employed to achieve these goals. A Shadow Cabinet helps keep the government accountable and thus raise the quality of decision-making in the country.
Mikhail: How are opposition parties financed?
Mr. Hart: Opposition parties in the UK have access to two sources of public funding. The first, known as “short money”, is only available to opposition parties and includes funding to assist an opposition party in carrying out its Parliamentary business. The second source of public funding is the Policy Development Grant. Under the provisions of the Parliamentary Act, 2 million pounds are allocated among all political parties with more than two MPs in the House of Commons.
Mikhail: Mr. Hart, thank you very much for such an interesting piece of information.
2. Say what you have learned from the dialogue about:
a) Sadow Cabinet, b) the most public parliamentary function of the Leader of the Opposition; c) sources of public funding of the opposition.
3. Act out the dialogue.
IV. Problem solving
1. Compare the structure of the state power of Great Britain and that of the Russian Federation and comment on their differences and similarities.
2. Read Article 114 of the RF Constitution and discuss the functions of the Government of the Russian Federation.
c. ensure the implementation in the Russian Federation of a single policy in the sphere of culture, science, education, health protection, ecology;
d. manage the federal property;
f. implement measures to ensure the rule of the law, human rights and freedoms, protection of property and public order, and crime control;
g. exercise other powers vested in it by the Constitution of the Russian Federation, the federal laws and decrees of the President of the Russian Federation.
3. Take the test. Compare the results with those of your friend.
b) a Monarchy;
c) a Parliamentary republic.
a) two;
b) three;
c) four.
a) the Prime Minister;
b) the Queen;
b) the Queen;
c) the Parliament.
b) Government in exile;
b) the House of Lords;
c) the House of Commons.
b) the State Council;
c) Congress.
a) the Congress;
b) the Supreme Court;
c) the Assembly of Judges.
a) presidential republic;
b) democratic republic;
c) parliamentary republic.
b) the State Duma;
c) the Council of People’s Deputies.
a) the State Duma;
b) the President;
c) the Council of Ministers.
a) the Constitution;
b) the President;
c) the Council of People’s Deputies
13. The main law of every democratic state is …
a) the Code of Behaviour;
b) the Constitution;
c) Laws of Babylon.
LISTENING
1. Electoral College
1. Read and memorize the following words and word combinations:
purpose – цель: Our main purpose is to become good specialists.
recognize – признавать: Many people did not recognize the new government.
ballot – бюллетень: All the candidates’ names are on the ballot.
equal – быть равным:My car equals yours in speed.
tie – равное число голосов избирателей: The election of the candidates ended in a tie.
winner-takes-all system – система, в которой лицо, набравшее большинство голосов, становится абсолютным победителем: Not everybody is satisfied with a winner-takes-all electoral system.
halt – останавливать: It is necessary to halt the sale of harmful products.
reach out – получить поддержку: Modern politicians try to reach out to ordinary people in their speeches.
2. Listen to the text and say what American state has the largest number of electors.
3. Choose the sentences corresponding to the text:
1. The term "college" comes from French. 2. The Constitution uses the term “electoral college”. 3. Different states have different laws on the appointment of electors. 4. States with more people have more electoral votes. 5. If there is a tie, the election would be decided in the Senate.
4. Listen to the text again and answer the following questions:
1. The number of electors in each state equals the number of representatives and senators that the state has in Congress, doesn’t it? 2. What does this number depend on? 3. What federal law requires electors to vote for the candidate who won the most votes in their state? 4. What do critics of the Electoral College system say about it? 5. What do supporters of the Electoral College system say?
2. Presidential Terms in Office
1. Read and memorize the following words and word combinations:
term – срок: Presidential term is four years.
be in office – занимать официальный пост: Everybody knows that he has received an office under the Government.
campaign – кампания: Smith’s family and friends are campaigning against his imprisonment, as they believe him to be not guilty.
seek (sought) – стремиться получить: Jim was very ambitious and sought fame.
experience – опыт: Her life experience influenced her thoughts and ideas very much.
amend – дополнять, улучшать: It is not simple to amend the US Constitution.
approve – одобрять: The Parliament has approved the bill.
2. Listen to the text and say why most Americans did not want their presidents to serve too long.
3. Choose the sentences corresponding to the text:
1. The United States Constitution never said anything about how many times a president could be re-elected. 2. The idea of serving only two four-year terms began with the 16th president, Abraham Lincoln. 3. Franklin Roosevelt died during his second term. 4. The twenty-second amendment to the Constitution says no one may be elected president more than two times. 5. No American will serve as president for more than ten years.
4. Listen to the text again and answer the following questions:
1. Why did Roosevelt’s political opponents criticize his elections to a third term and a fourth? 2. Why did other people support Roosevelt’s re-elections? 3. What constitutional amendment did Congress propose after Roosevelt’s death? 4. How long can one person be the President of the US? 5. What guarantees do the constitutional limits provide?
3. How the Job Description for US President
Has Gotten Longer Over Time
1.Read and memorize the following words and word combinations:
appoint – назначать: He was appointed as Chief Justice.
declare – провозглашать, объявлять: War was declared on the enemy.
treaty – договор: The government has signed a treaty with Moscow.
veto – наложить вето: Mr. White could still veto the plan.
2. Listen to the text and enumerate the duties and responsibilities of the president: 1) …; 2) …; 3). …; 4) …; 5) …; 6) …; 7) … .
3. Agree or disagree with the following statements:
1. The separation of powers in the federal government was not designed to create a system of checks and balances. 2. The Constitution gives the president the duties of chief administrator of the nation and commander of the armed forces. 3.The president is not responsible for enforcing federal actions and developing federal policies. 4.Under the Constitution only the Congress has the power to declare war. 5.The president is not the head of a political party and has no responsibility as popular leader and chief state.
4. Listen to the text again and answer the following questions:
1. What the separation power in the federal government was designed for? 2. What duties does the Constitution give the president? 3. Who nominates cabinet members, Supreme Court Justices and other officials? 4. What powers are given to president by the Constitution? 5. Who has the power to declare war? 6. The president is also the head of a political party, isn’t he?
VOCABULARY
advance – 1) продвигаться вперед; 2) делать успехи, развиваться
agency – 1) агентство; 2) орган (учреждение, организация)
allocate – 1) размещать; 2) назначать
ambassador – посол
anger – гнев, раздражение
ballot – 1) голосование; 2) избирательный бюллетень
believe – 1) верить; 2) думать, полагать
bilateral – двусторонний
bind (bound, bound) – 1) вязать, связывать; 2) обязывать
board – правление, совет, департамент, министерство
charge – 1) обвинять; 2) поручать, вверять
clear – освобождать, очищать
commonwealth – государство, содружество
compose – 1) создавать; 2) составлять; 3) состоять
confidence – доверие
convention – 1) собрании, съезд; 2) договор, соглашение
council – совет
count – считать, подсчитывать
discrete – раздельный
district – район, округ, участок
encroach – 1) вторгаться; 2) посягать
exchange – 1) обмениваться; 2) меняться
exercise – 1) использовать, осуществлять; 2) выполнять
faithfully – верно, честно
former – 1) прежний, бывший; 2) предшествующий
frame – создавать, вырабатывать
governor – 1) правитель; 2) губернатор
happen – случаться, происходить
judiciary – 1) суд, судебная система; 2) судейский корпус
key – 1) ключ; 2) attr основной, ведущий, главный
last – длиться, продолжаться
layer – слой, пласт
legislature – законодательная власть (орган)
literacy – грамотность
management – 1) управление; 2) дирекция, администрация
mayor – мэр
native – 1) родной; 2) туземный, местный
oblige – обязывать, связывать обязательством; заставлять
obtain – 1) получать; 2) достигать, добиваться
participate – участвовать
polling – голосование
prescribe – предписывать
primary – 1) что-л. имеющее первостепенное значение; 2) предварительные выборы
qualification – 1) определение, характеристика; 2) избирательный ценз
register – регистрировать, заносить в список
report – сообщать, рассказывать
request – просьба, требование, запрос
restrict – ограничивать
scope – границы, рамки, пределы
senior – старший, вышестоящий
solemn – торжественный
submit – представлять на рассмотрение, предлагать
succeed – 1) достигать цели; 2) следовать (за чем-л.); 3) наследовать, быть преемником
summon – 1) вызывать; 2) созывать
transaction – 1) дело, сделка; 2) ведение (дела)
treasury – 1) казна; 2) казначейство, министерство финансов
unit – 1) единица; 2) подразделение
vary – 1) менять, изменяться; 2) разниться
virtue: by virtue of – благодаря чему-л., в силу чего-л.
LESSON NINE
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Grammar: Subjunctive Mood. Word-building: Prefixes: trans-, over-, under-. Reading and Oral Speech Practice: The Judicial Branch of Power in Great Britain and the USA. Conversational Formulas: Ways of Expressing Advice. |
GRAMMAR
Subjunctive Mood
(сослагательное наклонение)
|
Сослагательное наклонение показывает, что действие или состояние, выраженное глаголом-сказуемым, не происходит в действительности, а является воображаемым или желаемым. В английском языке сослагательное наклонение может выражаться синтетическими и аналитическими глагольными формами. |
Synthetic Forms
(синтетические формы)
|
Форма сослагательного наклонения |
Форма глагола |
Примеры |
|
The Present Subjunctive |
a) be для всех лиц единственного и множественного числа; б) форма инфинитива без частицы to для всех лиц единственного и множественного числа. |
a) Be it so! Да будет так! b) I suggest that he tell us about it. Я пред лагаю, чтобы он рассказал нам об этом. |
|
The Past Subjunctive |
а) were для всех лиц единственного и множественного числа; б) другие глаголы могут передавать значение Past Subjunctive формами изъявительного наклонения в прошедшем времени. |
a) I wish he were here. Я хотел бы, чтобы он был здесь. b) I wish I knew it. Хотел бы я это знать. I wish I had never met him. Лучше бы мы с ним никогда не встречались. |
Analytical Forms
(аналитические формы)
|
Аналитическая форма |
Примеры |
Использование |
|
should/would + non-Perfect lnfinitive |
I should like to speak to him. Я хотел бы по говорить с ним. We feared lest he should be late. Мы боялись, что он опоздает. |
Действие относится к настоя щему или будущему. |
|
should/would + Perfect lnfinitive |
He would have come, but he was very busy. Он при шел бы, но он был очень занят. If she had not planned that visit, nothing would ever have happened. Если бы она не запланировала этот визит, ничего бы вообще не случилось. |
Дей ствие относится к прошлому. |
The Subjunctive Mood in Simple Sentences
(сослагательное наклонение в простых предложениях)
|
Тип предложения |
Примеры |
Примечание |
|
В предложениях, выражающих предположение или пожелание |
I should like to do that myself. Я бы хотел сделать это сам. It would be very interes ting to speak to him. Было бы интересно погово рить с ним. This method might be used in different fields of research. Этот метод мог бы исполь зоваться в разных сферах научного исследования. |
Для 1-го лица упот ребляется вспомогательный глагол should, а для остальных ли ц - would. В про стых предложениях наряду с глаголами should и would ис пользуются глаголы might и could, ко торые переводятся на русский язык мог бы. |
|
В лозунгах и призывах |
Be it so! Да будет так! Success attend you. Успеха вам. May you live long. Живите долго. |
Чаще используется синтетическая форма сослагательного на клонения. |
|
Для выражения нереального желания |
If only he were here. Если бы только он был здесь. |
The Subjunctive Mood in Complex Sentences
(Сослагательное наклонение в сложных предложениях)
|
Тип придаточного предложения |
Примеры |
Примечание |
|
Под лежащее с союзом that (главное предложение – безличное) |
It is necessary that we (should) do it. Необходимо, чтобы мы сделали это. |
Сослагательное наклонение выражается синтетической формой или аналитической с глаголом should для всех лиц. |
|
Дополнительное а) с союзом that после глаголов, со значением приказа (to order, to de mand,) или предложения (to suggest, to recomend); б) после глагола to wish в) c союзом lest, после глаголов, выражающих страх, испуг. |
He ordered that we (should) come. Он приказал, чтобы мы пришли. I recommmend that you (should) read this book. Я рекомендую тебе прочитать эту книгу. I wish he were here again. Я хотел бы, чтобы он снова был здесь. She fears lest it should be discovered. Она боится, как бы это не открылось. |
Сослагательное наклонение выражается так же, как и в придаточных подлежащих. |
|
Обстоятельст-венные предло-жения цели с союзами that, so that, in order that – чтобы, lest – чтобы не. |
She opened the window so that she could see the boy playing in the yard. Она открыла окно, чтобы было видно, как мальчик играет во дво ре. We must hurry lest we should be late. Мы должны поторопиться, иначе мы опоздаем. She opened the window in order that she might get fresh air. Она открыла окно, чтобы подышать свежим воздухом. |
В этом случае, кроме глагола should используется глагол may (если действие относится к будущему или настоящему), или его форма might и глагол could (если действие относится к прошедшему). |
|
Обстоятельст-венные предло-жения, выража-ющие нереаль-ное сравнение с союзами – as if как если бы, и as though – как будто бы. |
He behaves as if he were an adult person. Он ведет себя так, как если бы он был взрослым. He spoke to her as if he knew her very well. Он говорил с ней так, будто знал ее очень хорошо. She greeted him as if she had not seen him for ages. Она приветствовала его, будто не видела его сто лет. |
Если действие в при даточном происходит од новременно с дейст вием главного пред ложения, глагол to be использу ется в форме сослагательного наклонения: were, другие глаголы выражают то же значение формами Past Indefi nite изъявительного наклонения. Если действие придаточ ного предшествует действию главного предложения, исполь зуется Past Perfect изъявительного нак лонения. |
|
Сказуемое: а) с союзами as if, as though; б) после слов wish, suggestion, aim, idea. |
We feel as if we were young again. Мы чувст вуем себя так, как буд то мы снова молоды. Не looked as if he knew everything we had tal ked about. Казалось, что он знал все, о чем мы говорили. Aunt Ann's wish was that Mary should come and stay with her. Те тушка Энн пожелала, чтобы Мэри приехала и пожила у нее. |
а) Сослагательное наклонение выражается, как и в обсто ятельственных при даточных предложе ниях нереального сравнения; б) с глаголом sho uld для всех лиц. |
|
Уступительные с союзами though, although, whatever, whenever, however. |
Whatever problems may arise, we shall try to solve them. Какие бы проблемы не возникали, мы попытаемся решить их. However badly he may (might) have behaved to you in the past he is still your brother. Как бы плохо он не вел себя по отношению к тебе в прошлом, он все же твой брат. |
Если действие при даточного предложе ния предшествует действию главного, используется глагол may (might) + Perfect Infinitive. |
|
Обстоятельственные предложения мес та и времени с союза-ми whenever, wherever. |
Whenever you may (might) come, I'll be always glad to see you. Когда бы ты ни пришел, я всегда буду рад видеть тебя. Wherever you may (might) be, I shall find you. Где бы ты ни был, я найду тебя. |
Для образования сослагатель-ного наклонения в этом случае используется глагол may (might). |
|
Определитель-ные, от нося-щиеся к слову time в главном предложении. |
It's time we were at home. Пора бы нам быть дома. It's high time you learned these words. Вам пора выучить эти слова. It’s time we should do it. Нам пора сделать это. |
В этом случае используется сослагательное наклонение глагола to be в форме were. С другими глаголами то же значение выражается Past Indefinite изъявительного на клонения. Возможна и аналитическая форма с глаголом should. |
|
Условные пред ложения для выра жения нере ального условия в прида точном пред ложе нии и нереаль ного следствия в глав ном. |
If he were here, I should recognize him at once. Если бы он был здесь, я бы узнал его сразу. If I had time I should do the work. Если бы у меня было время, я бы сде лал эту работу. If I had had time yesterday, I should have transla ted the text up to the end. Если бы у меня было время вчера, я бы перевел текст до конца. |
В придаточных предложениях не реального условия, относящихся к на стоящему или буду щему, исполь зуется сослагатель ное наклонение гла гола to be в форме were. Другие глаголы передают это же значение изъявительным наклонением. В главном предложении исполь зуются глаголы sho uld (для 1-го лица) или would (для остальных лиц). В прида точных пре дложениях нереаль ного условия, отно сящихся к прошедше му времени, используется Past Perfect, а в глав ном – аналитиче ская форма: should, would + Perfect In finitive. |
Exercises
1. Translate the sentences:
a) 1. It's necessary that he come to me today. 2. It's demanded that you be in time there. 3. It's simply necessary that you discuss this matter. 4. I suggest that you take immediate steps. 5. We insist that he settle this problem today. 6. He ordered that John remain there till 6 o'clock. 7. I wish I could fulfil this duty. 8. I wish I had some influence on him. 9. I wish it were the end of the film. 10. He was afraid lest they be late.
b) 1. Why don't you ask Sam? He would tell you the exact date of the meeting. 2. I'd like you to speak to Jim. He would give you a good piece of advice. 3. I suggest that you should speak to that man. 4. It is necessary that you should help her. 5. Write down this English word lest you should forget it. 6. Kate didn't demand that he should stay with them. 7. I should have liked you to have shown more interest in your work. 8. I learned so much about English law at his lectures that otherwise I should never have known. 9. It looked as though she wanted to speak but she couldn't. 10. I wish you stopped talking. 11. If this article were more interesting I would translate it into English. 12. If you had studied properly last year, you would have known these facts.
2. Choose the correct form of the verb in brackets:
1. It is necessary that you (should attend, should have attended) all the lectures. 2. I suggest that you (take part, took part) in this conference. 3. I (would write, would have written) to him, but I forgot his address. 4. I (could have helped, could help) her if I (knew, had known) that she was in trouble. 5. If you (have read, had read) this book, you would have learned more facts about punishment for crimes in ancient times. 6. I wish you (can, could) believe him. 7. I wish we (discussed, had discussed) it before. 8. I think I'd recognize him at once if I (saw, had seen) him again.
3. Translate the sentences:
1. Необходимо, чтобы я поговорил с ними, прежде чем я уйду. 2. Необходимо, чтобы вы пришли на заседание комитета в 5 часов. 3. Я предлагаю, чтобы он отдохнул. 4. Сэм предложил, чтобы я остался у него на несколько дней. 5. Я бы сделал это сам, но я буду занят весь день. 6. На вашем месте я бы поговорил с ним. 7. На вашем месте я бы посоветовался с кем-нибудь, прежде чем принимать решение. 8. Мне бы не хотелось встречаться с ними. 9. Мне хотелось бы, чтобы он был с нами. 10. Не знаю, что бы я делал, если бы ты не помог мне. 11. Если бы ты вовремя рассказал мне об этом, я бы знал, что делать. 12. Если бы не было так поздно, мы бы сделали работу до конца. 13. Если бы они сказали мне заранее, я бы закончила перевод статьи раньше. 14. Вы ответили бы на этот вопрос, если бы были более внимательны на лекциях.
WORD-BUILDING
|
Префикс |
Производящая основа |
Производная основа |
Словообразовательное значение |
Примеры |
|
trans- |
прилагательное |
прилагательное |
а) Находящийся по другую сторону. б) Превышающий пределы. |
continental -transcontinental human – transhuman |
|
глагол |
глагол |
Изменение положения, формы и т.п. |
to migrate – to transmigrate |
|
|
over- |
существительное прилагательное глагол |
существительное прилагательное глагол |
а) Превышение предела б) Переход за пределы чего-н. |
task – overtask full – overfull to develop – to overdevelop to fly – to overfly |
|
under- |
существительное прилагательное глагол |
существительное прилагательное глагол |
а) Подчиненность б) Недостаточность |
clerk – underclerk to pay – to underpay |
Exercises
1. Translate the derivatives:
a) real – transreal, rational – transrational, Siberian – trans-Siberian, American – trans-American, to form – to transform;
b) crowded – overcrowded, payment – overpayment, to work – to overwork, to study – to overstudy, to eat – to overeat, to pay – to overpay, to sleep – to oversleep;
c) to buy – to underbuy, to do – to underdo, to pay – to underpay, populated – underpopulated.
2. Give the English for:
пересекающий Балканы, трансокеанский, пересекаю щий Африку, сверхчеловеческий, трансконтинентальный.
3. Form antonyms with the help of the prefixes over- and under-:
to overstudy, to underpay, to overwork, to underdevelop, to overdo.
READING
A – 1
1. Read the following words; mind their pronunciation:
distinguish [dstw], civil [cvl], jury [dur], magistrate [mdstret], exceed [ksi:d], final [fanl].
2. Read the definitions and say, which one suits the word “court”:
1) institution for giving instructions; 2) legislative assembly; 3) body with judicial power.
3. Read and translate the text; explain your variants of translation of word-combinations in black type:
COURTS IN GREAT BRITAIN
Turning to the English courts, one must first distinguish between civil and criminal jurisdiction – some courts have both jurisdictions, some only one.
As for the civil courts, there is a trial court for the whole of England, with an unlimited jurisdiction in all civil cases – the High Court of Justice1. It deals with those matters which are connected with property rights, family relations, business, etc.
Minor civil cases are tried in the County Courts2. They have nothing to do with the counties; the name was elected for historical reasons. These courts are of limited jurisdiction. They deal mainly with civil cases concerning recovery of small debts. Also now these courts are allowed to hear cases connected with adoption of children, conveyancing and all other civil matters. In fact about 90 per cent of all civil cases are commenced and concluded in these courts. The judges of the civil courts try cases alone without the jury, because England abolished the jury in civil cases in 1933.
The Crown Court3, a court of general jurisdiction, and the Magistrates’ Courts4 having only limited jurisdiction are known to be the trial courts for considering criminal cases.
Simple matters are considered by the magistrates. The punishment inflicted by them can seldom exceed six months’ imprisonment and often consists of fines. The Crown Court has jurisdiction in major criminal cases, those punishable by substantial periods of imprisonment. Criminal cases involve a jury trial.
The intermediate appellate tribunal in England is the Court of Appeal. It hears appeals from the High Court and from specialized tribunals. Thus the Criminal Division of the Court of Appeal hears appeals from criminal courts of inferior instance.
The highest court in England is the House of Lords. It hears appeals of exceptional public importance from the Court of Appeal, their number being very limited. When the House of Lords acts as a judicial body instead of a legislative one, it is composed only of the Lords of Appeal in Ordinary5 (Law Lords). They hear appeals as an Appellate Committee; the appeals come from the courts of lower instances – mostly from the Court of Appeal and rarely from the High Court. The House of Lords is the final point of appeal.
Notes:
1High Court of Justice – Высокий суд правосудия
2County Courts – суды графств
3Crown Court – коронный суд, уголовный суд присяжных
4Magistrates’ Courts – магистратский (мировой) суд
4Lords of Appeal in Ordinary – члены палаты Лордов для рассмотрения апелляций
4. Give the Russian for:
both jurisdictions, property rights, to be tried in the court, to hear cases, adoption of children, conveyancing, to abolish the jury, to consider criminal cases, to inflict punishment, to consist of fines, jury trial, Criminal Division.
5. Give the English for:
различать гражданскую и уголовную юрисдикцию, суд первой инстанции, незначительные гражданские дела, возмещение мелких долгов, начинаться и заканчиваться в судах графств, рассматривать дело без присяжных, редко превышать шестимесячное тюремное заключение, специализированный орган правосудия (судебное или арбитражное учреждение; суд; трибунал), заслушивать апелляции, апелляции исключительного государственного значения, последний пункт подачи апелляций.
6. Match the words:
|
trial |
debts |
|
to hear |
rights |
|
inferior |
jurisdiction |
|
some months’ |
the jury |
|
to inflict |
tribunals |
|
small |
imprisonment |
|
specialized |
body |
|
criminal |
instance |
|
judicial |
court |
|
to abolish |
punishment |
|
property |
cases |
|
unlimited jurisdiction |
of |
all civil cases |
|
to deal with matters connected |
in |
the jury |
|
punishment inflicted |
for |
considering criminal cases |
|
to try cases |
with |
small debts |
|
to hear appeals |
from |
the magistrates |
|
trial courts |
without |
property rights |
|
recovery |
as |
criminal courts |
|
to be punishable |
by |
Lords of Appeal in Ordinary |
|
to be composed |
- |
substantial period of imprisonment |
|
to act |
a judicial body |
1. What are the two main jurisdictions of the British courts? 2. What is the Jurisdiction of the High Court of Justice? 3. What kinds of cases are tried in the County Courts? 4. Why do the judges of the civil courts try cases alone without the jury? 5. What courts consider criminal cases in Great Britain? 6. Does the typical punishment inflicted by the magistrates consist of fines? 7. What bodies does the Court of Appeals hear appeals from? 8. What is the highest court in Great Britain? 9. Who composes the House of Lords when it acts as the judicial body? 10. Is the House of Lords the final judicial instance?
A – 2
1. Read the following words; mind their pronunciation:
judge [dd], sovereign [svrn], certify [stfa], retire [rta], chancellor [a:nsl], judiciary [du:dr], stipendiary [stapendr], inferior [nfr].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
to certify, municipal, corporation, per cent.
3. Translate the following family words:
judge – to judge – judicial – judiciary, to remove – removal – removable – irremovable, to conduct – conduct – misconduct, hierarchy – hierarchical, legal – legally – illegal.
4. Skim the text:
JUDGES
Judges in England are officers appointed by the sovereign power to administer the law. The duties of the judicial office in a civil or a criminal matter are different. The law calls for judges to hear the statements on both sides in open court and arrive at a conclusion as to the truth of the facts submitted to them, or when a jury is engaged – to direct the jury to find such a conclusion. The judges are expected to apply to the facts. They find the appropriate rules of the law and certify by their decisions the relief to which the parties are entitled or the obligations or penalties which they have incurred.
Some important points are considered to be more characteristic of the English judicial system. They can be described as the follows.
1. Judges in England are absolutely protected from action for anything that they may do exercising their judicial duties.
2. Judges are appointed for life and must retire at the age of 70 or 72. The highest class of judges is practically irremovable. The inferior judges and magistrates are sometimes removable for misconduct by the Lord Chancellor.
3. The judiciary in England is not a separate profession. The judges are chosen from barristers or solicitors if those have been in active practice for at least 10 years.
4. Judges in England are appointed for the most part by the Crown. In a few cases municipal corporations may appoint their own judicial officer, and they expect him to do his duties in a proper way.
The English judiciary is hierarchic. Judges in the higher courts have more authority than those in the lower courts. Judges of the lower courts hear both civil and criminal cases. Judges in the House of Lords and the Court of Appeal hear only appeal cases.
There are different classes of the judiciary in Great Britain: Lords of Appeal in Ordinary (sit in the House of Lords), Lords Justices of Appeal (sit in the Court of Appeal), High Court judges (sit in the High Court), Circuit judges (sit in the Crown Court and county court), Recorders (sit in the Crown Court), Stipendiary magistrates (sit in the magistrates’ courts) and Lay magistrates (unpaid justices of the peace). The most numerous judges are Lay magistrates. They are appointed from ordinary members of society by the Lord Chancellor. They are not legally qualified although they do receive some basic training. The case is usually heard by a bench of three lay magistrates who are advised on the law by the clerk of the court. The justice’s clerk is a barrister or solicitor of at least five years’ standing. Lay magistrates hear over 90 per cent of criminal cases.
5. Translate the summary of the text from Russian into English:
В Великобритании судьи назначаются королевой. Судьи должны основывать свои решения на фактах. Для каждого дела они находят подходящие нормы права. Судьи назначаются пожизненно и обязаны уйти в отставку в 72 года.
Судейство в Англии имеет строгую иерархию. Судьи высших инстанций обладают большей властью, чем судьи низших инстанций.
Судьи в Великобритании – это члены палаты лордов для рассмотрения апелляций, лорды-судьи по рассмотрению апелляций, судьи Высокого суда правосудия, судьи Судов графств, окружные судьи, рекордеры, мировые судьи, получающие жалованье и мировые судьи, не получающие жалованье.
A – 3
1. Read the following words; mind their pronunciation:
participatory [pa:tspetr], unanimous [ju:nnms].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
integral, regime, form, totalitarian, manipulation, democracy, penalty, mechanical, population, intuition, verdict, political.
3. Analyse the structure of the following words:
participatory, decision-making, purely, intuitively, nullification, layman, moreover, courtroom.
4. Scan the text and find English equivalents to the Russian word-combinations:
непосредственное вовлечение в деятельность учреждений, связанных с процессом принятия решения; внедрять общественные ценности в официальный судебный процесс; чувство справедливости и беспристрастности; способность действовать интуитивно; право отменять (аннулировать); высокая степень вынесения оправдательных приговоров; вердикт – не виновен; избегать применения смертной казни; вызывать глубокое чувство уважения; под руководством судьи устанавливать истину; быть строго ограниченным фактами; подтверждены свидетельскими показаниями; обсуждать вердикт; зал судебных заседаний; хранитель совести общества.
THE JURY
The jury is a form of participatory democracy1 compared with the representative democracy2 that obtains in elections. It has direct involvement in decision-making institutions of the state and provides an education for all the participants. It is meant to be an impartial body rather than a purely representative one. Moreover, juries bring about community values into the formal legal process and a sense of equity and fairness against the cold and mechanical application of legal rules.
The reason for the criminal trial jury popularity has frequently been its independence and ability to act intuitively. In the early years jurors consciously used their nullification power to produce a high level of acquittals3, often around 50 per cent in cases of murder and theft. This was followed with verdicts of not guilty in popular political causes and avoiding the imposition of the death penalty for non-violent theft in the eighteenth century. As a consequence, jury power has generated over the centuries a great deal of respect among sections of the population.
The essential feature of the trial by jury as practiced in England and countries influenced by English ideas is as follows. The jury is a body of selected laymen which under the guidance of a judge ascertains the truth in questions of fact arising in a criminal process. Their duties are strictly limited to questions of fact, and moreover they are still further restricted to the exclusive consideration of matters that have been proved by evidence in the course of the trial. They must submit to the directions of the judge as to any rule or principle of law that may be applicable to the case.
The jury fulfils its duties in the following way. At the end of the trial it is asked to consider the verdict. It often retires for this purpose. The jury may be out for many hours and should not separate at this stage. When it arrives at a verdict it returns to the courtroom. The verdict is given in court in the presence of the accused in response to the Judge’s question whether the jury has arrived at a verdict. As a general rule it must be unanimous.
According to the general practice, the jury are selected from the locality, whether county or city, where the crime has been committed. The jury is, and has always been, the keeper of the conscience of the community and it is a barrier to manipulation, oppression and abuse of authority. That is why totalitarian regimes can never accept free and independent juries. The trial jury is an integral part of liberty because it is known as trial by the country or, in other words, by the people.
Notes:
1participatory democracy - активное участие в управлении государством
2representative democracy- представительная демократия
3acquittal - оправдание, оправдательный приговор
5. Scan the text once again and say how the jury fulfils its duties.
B – 1
1. Read the following words; mind their pronunciation:
legislature [ledsle], jurisdiction [dursdkn], circuit [skt], certiorari [srera].
2. Look through the terms and their definitions and suggest your variant of translation:
сrime - 1) an act or omission prohibited and punished by law; 2) unlawful acts in general; 3) an evil act 4) informal something to be regretted;
offence - 1) a violation or breach of a law, custom, rule, etc.; 2) any public wrong or crime; 3) attack; assault;
misdeed – an evil or illegal action;
guilty conduct – crime.
3. Read the text and try to guess the meaning of word-combinations in bold type:
COURTS IN THE USA
The judicial system of the United States is of two kinds. It consists of the Federal Courts, created by and deriving their powers from Congress, and of the Courts of the State, created by the States and provided by the legislatures of the States. The judges of the Federal Courts, including those of the Supreme Court of the US, are appointed by the President, with the consent of the Senate, their appointment being for life.
The Federal Courts at present are the Federal District Courts, the Courts of Appeal, a number of special courts and the Supreme Court of the USA.
At the lowest level are the District Courts with about two hundred judges. Their jurisdiction covers all crimes and offences under the laws of the US. Each state has at least one district court; a few have as many as four.
The Courts of Appeals are given only appellate jurisdiction. There are 13 Courts of Appeals in the US (formerly called US Circuit Courts of Appeals), each circuit comprising several states. A Court of Appeal consists of 3 or more judges. The decision of the Court of Appeals is final except those cases in which the Supreme Court grants “certiorari” or in which an appeal may be taken to that court as the matter of right. The Courts of Appeal were organized to relieve the Supreme Court of pressure resulting from the accumulation of appellate cases.
All states in the USA have a system of courts similar in many respects to the Federal Courts. Each state has a court of last resort, which hears and determines all questions of law on appeal from the trial courts. The highest court in most of the states is named the Supreme Court.
The State Courts have separate criminal and civil jurisdictions. In many large cities and towns there are police magistrates and justices of the peace for hearing criminal cases. They usually issue warrants of arrest, hold preliminary hearings and commit offenders to wait for the action of the jury or the examining of their cases by courts higher in criminal jurisdiction.
In some towns and cities the magistrates and police justices are elected, and in others they are appointed by the mayor. There are also minor courts in each city which hear and determine civil actions.
4. Give the Russian for:
to be appointed by, with the consent of the Senate, to cover crimes and offences, to take an appeal to the court, accumulation of appellate cases, to be similar to, trial court, to determine all questions of law, on appeal, separate criminal and civil jurisdictions, justice of the peace, to hear a case, to hold preliminary hearing, to examine the case.
5. Give the English for:
судебная система, наделяться полномочиями Конгрессом, предусмотренный законом, пожизненное назначение, в соответствии с законом США, апелляционная юрисдикция, истребование дела вышестоящим судом из производства нижестоящего суда, вопрос права (субъективного), быть результатом, полицейский судья (председатель полицейского суда), выдавать ордер на арест, обязывать правонарушителей ожидать решения присяжных заседателей, гражданский иск.
6. Answer the questions:
1. What are the two kinds of judicial system in the USA? 2. Who has the power to appoint judges in the USA? 3. What do the Federal Courts in the USA consist of? 4. Are District Courts at the lowest level of the court system? 5. What does the jurisdiction of the District Courts cover? 6. How many District Courts are there in each state? 7. How many Courts of Appeal are there in the USA? 8. What is the Jurisdiction of Courts of Appeal? 9. Why were the Courts of Appeal organized? 10. What is the system of state courts in the USA similar to? 11. What is the function of the courts of last resort? 12. What cases do police magistrates and justices of the peace hear? 13. What is the scope of functions of police magistrates and justices of the peace? 14. Are the magistrates and police justices elected or appointed? 15. What courts in each state hear and determine civil actions?
B – 2
1. Read the following words; mind their pronunciation:
acquire [kwa], myth [m], virtually [vul].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
patronage, sphere, record, element, person, myth, virtual.
3. Analyse the structure of the following words:
background, upper-middle, large-sized, self-selection, would-be, judgeship, truthful, costly, expectation, preferable, to disagree.
4. Skim the text and formulate the main qualities of the following persons in the USA court system:
federal judges –
district judges –
appeals judges –
nominees for judicial office -
FEDERAL JUDGES
Americans believe that only someone born in difficult circumstances1 may some day become the president of the United States, or at least a US judge. This myth is truthful in some respect. In principle virtually anyone can become a prominent public person but a few examples can be cited of people who came from poor backgrounds yet acquired high posts. Most typically, however, America’s federal judges, like other public persons, come from the nation’s middle and upper-middle classes.
As well as district judges, appeals judges and Supreme Court judges, federal judges must be college graduates and receive law degrees in costly private universities. Before assuming the federal bench, federal judges have to be employed at the state or local level, or in political, governmental sphere, or large-sized law firms.
No constitutional or statutory qualifications are stipulated for serving in federal courts. The Constitution simply indicates that “the judicial Power of the United States, shall be vested in one supreme Court” as well as in any lower federal courts that Congress may establish. But there are some informal requirements concerning professional competence, political qualifications, self-selection, and the element of luck.
Although candidates for US judicial posts do not have to be attorneys, it has been the custom to appoint lawyers who have distinguished themselves professionally. Tradition has created an expectation that the would-be judge have some reputation for professional competence.
Most nominees for judicial office have some record of political activity because it is still considered that judges are part of the political patronage system. So it is preferable for a judge to be a member of the leading party. It is supposed that the nominees announce publicly a desire for a federal judgeship. Some people think it should be done, others – disagree. The element of luck plays an important role in all judicial appointments. Being a member of the right party at the right time often has a much to do with becoming a judge as one’s professional background.
Note:
1circumstances - обстановка, среда; обстоятельства, условия, положение дел
5. Speak about justices working in different courts of the USA.
B – 3
1. Read the following proper names; mind their pronunciation:
California [klfn], Texas [tekss], Columbia [klmb], Guam [gwa:m], Puerto Rico [pwturi:ku], Virgin Islands [vdn alndz], Northern Marian Islands [nn mrn alndz].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
to reconstruct, rational, to determine.
3. Analyse the structure of the following words:
input, workhorse, subdivision, to cross-examine, defendant, liability, policy-making, guideline, dangerous.
4. Scan the text and state the main functions of the Federal District Courts in the USA:
THE US FEDERAL DISTRICT COURTS
The U.S. district courts represent the basic point of input for the federal judicial system. Although some cases are later taken to a court of appeals or even to the Supreme Court, most federal cases never move beyond the U.S. trial courts. So the district courts may be called the workhorses of the federal judiciary.
Nowadays Congress has divided some states into more than one district. California, New York and Texas have the most, with four each. There is no any rational plan of such subdivision. Size and population vary widely from district to district. There are now U.S. district courts serving the 50 states, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, and the Northern Marian Islands.
The original district courts were each assigned one judge. The original jurisdiction of district courts concerns virtually all cases. They are the only courts in which attorneys examine and cross-examine witnesses. Subsequent appeals of the trial court decision focus on correcting errors rather than on reconstructing the facts.
The task of determining the facts in a case often falls to a jury. Two types of juries are associated with federal district courts. The grand jury1 is a group of men and women to determine whether the person has committed the federal crime or not. Petit jurors2 are chosen at random3 from the community to hear evidence and determine whether a defendant in a civil trial has liability or whether a defendant in a criminal trial is guilty or not guilty.
The district courts also play a policy-making role. The courts are involved in disputes once considered private. For the federal district courts this means that such area of judicial involvement tend to be relatively free of clear, precise appellate court and legislative guidelines; and as a consequence the opportunity for trial court jurists to make policy is rather dangerous.
Notes:
1grand jury - присяжные, решающие вопрос о предании суду; большое жюри (коллегия из 12-23 присяжных)
2 petit jury - малое жюри, суд присяжных
3 at random - случайно, случайным образом; произвольно; наугад, наобум
5. Scan the text once again and say what is the difference in the functions of grand jury and petit jury.
ORAL SPEECH PRACTICE
I. Mind your grammar when you speak
1. Express supposition:
Model: It would be interesting to speak to him.
Prompts: interesting – to discuss different points of view on the problem of punishment; important – to speak to witnesses first of all; wonderful – to visit the exhibition of Italian art; useful – to listen to his lecture; to be better – to say nothing at all; to be very kind of him – to say that.
2. Express a wish:
Model 1: If only they were here!
Prompts: I – can – to help you; he – to tell me about it; she – to come; they – to know that.
Model 2: I wish I could speak French.
Prompts: to help you, to see him, to do something for you, to translate this text.
3. Express advice:
Model: You'd better do it right away (you'd better = you had better).
Prompts: to be going now, to wait for him, to tell him about it, to have a short rest, to stay in bed, to go home now.
4. Express preference:
Model: I'd rather stay at home (I’d = I would).
Prompts: to have some coffee, not to speak about it, to go home, to stay at home, not to wait here, to go for a walk, not to discuss these problems.
5. Suggest that your friend should do something:
Model: I suggest that you (should) go to the exhibition.
Prompts: to learn more about Anglo-American legal system, to make a report on the development of statute law in the UK, to look through the description of these precedents, to speak to the plaintiff first of all, to examine that witness.
6. Imagine what would happen if you did this or that, work in pairs:
Model: A: What would happen if you bought a lucky lottery
ticket? (win a car).
B: If I bought a lucky lottery ticket I should probably win a car.
Prompts:
|
A: to win a car to take a long journey to travel about the country to visit new cities and towns to meet different people |
B: to take a long journey to travel about the country to visit new cities and towns to meet different people to make friends with them |
7. Say that the situation would have been different if there had been another opportunity:
Model: I didn't speak to him because he was away. I should have spoken to him if he hadn't been away.
Prompts: 1. I didn't translate this text at the lesson because I had no dictionary. 2. I couldn't read this article because this newspaper was sold out. 3. I couldn't be present at the meeting because I was on business in Moscow at that time. 4. I didn't learn the new words because I was unwell yesterday. 5. I couldn't submit my documents to the policeman because I had forgotten them at home. 6. I didn't come to see you because I had a lot of work to do. 7. I lost my way to the railway station, because I didn't know the city well enough.
II. Conversational formulas
Ways of expressing advice
|
Why don’t you …? |
– Почему бы вам не… |
|
If I were you I’d … |
– На вашем месте я бы … |
|
Personally, I would advise you to… |
– Лично я бы вам посоветовал … |
|
I think/suggest you should … |
– Думаю, что вам лучше бы … |
|
I think/suggest you'd better… |
|
|
You ought to… |
– Вы должны были бы … |
|
If I were you I wouldn't… |
– На вашем месте я бы не … |
|
I advise you not to |
– Я бы вам не советовал … |
|
I don't think you should… |
– Думаю, вам лучше бы не … |
|
You'd better not…Don't…. |
– Не (делайте чего-н.) … |
Accepting advice
|
That sounds like a good idea, thank you. Well, that's certainly a possibi lity. Right/yes. I'll do/try that. Thanks. That's a good idea. Thanks. |
– Благодарю, это неплохая мысль. – Ну, это определенно неплохая возможность. – Вы правы (да). Попытаюсь это сделать. Благодарю. – Благодарю. Неплохая мысль. |
Rejecting advice
|
That’s not a good idea, I’m afraid. |
– Боюсь, что это неудачная мысль. |
|
I’ve already tried that. |
– Уже пытался. |
1. Read and practise the following flashes of conversation; work in pairs:
1
A: What should I do to sleep at night?
B: Why don't you take a walk every evening?
A: Thanks. I'll try that.
2
A: You're just starting a new job. If I were you, I'd be very careful in choosing friends.
B: Thanks. I'll follow your advice.
3
A: Oh, I'm putting on weight! What shall I do?
B: Personally, I would advise you to stop eating much and go in for sports.
A: I've already tried that without any results.
4
A: Oh, dear, you look so tired. I think you'd better have a rest.
B: That's a good idea. Thanks. But I have a lot of work to do.
5
A: Look, I've bought a new dress.
B: But you look rather disappointed. Is anything wrong?
A: No, not really. But I think the colour is too dark.
B: I'm sorry to say that you are right. You should have thought of it before you bought the dress.
6
A: Mrs. Green, I'm about to finish my course of studies, but I don't know what to do: study further or take a job.
B: That's a problem. If I were you I shouldn't take a job. You should continue your studies. You are really talented.
A: That sounds like a good idea. Thank you.
7
A: Oh, mum, Bob asked me to marry him. What would you advise?
B: My dear, I advise you to marry neither him nor anybody else. You are too young.
2. Give advice to your friend. Begin like this: If I were you I'd…; work in pairs:
Model: A: I'm beginning to put on weight.
B: If I were you, I would stop eating bread.
Prompts: 1. I'm a bit depressed after the exams. 2. Mike doesn't keep his word. 3. I want to change my profession. 4. It's getting cold outside. 5. My mother comes home very tired. 6. They say that the latest novel by X. is not very interesting. 7. Steve is going to marry Jane. 8. I want to see the world. 9. I didn't attend the exhibition but I heard it was very good.
3. Act out dialogues based on the following situations:
1. Your younger brother began to smoke cigarettes. Give him your advice. 2. You've got two invitations to travel across Central Asia and the Caucasus. Ask one of your friends for advice. 3. Your friend has overworked. Now he is suffering from headaches and sleeplessness. Give him your advice. 4. You face the problem of living in a city or moving to the country. Ask your friend for advice. 5. Your friend has never been to London. You visited it several times. Give him your advice as to what places of interest he should visit first. 6. Your younger sister is going to enter an institute. Help her to make the right choice.
III. Polylogue
Mrs. Hill is a university teacher. She has come to Russia on a private trip. A friend of hers is a teacher at your Academy and she invited Mrs. Hill to the meeting of the Students’ Club.
Teacher: Dear friends, let me introduce Mrs. Gloria Hill, a University teacher from Georgetown. She has come here to get acquainted with the way of life in Russia and to make friends with us, Russian people.
Everybody: How do you do? Glad to meet you.
Gloria: How do you do? I’m Gloria Hill. I live in Georgetown. Yes, I’m a university teacher at Georgetown University. I teach philosophy, but I’m sure our meeting will be very useful both for you and me.
Pete: Mrs. Hill, are you going to speak on philosophy teaching in the United States of America?
Gloria: I teach philosophy, but several times I served as a member of the Jury at criminal courts, and my experience could be of interest to you.
Vera: Well, now in my country we also have the institute of the jury, it was re-established in Russia in the nineties of the previous century. So I think that your experience will be very interesting and very useful for us.
Sasha: Mrs. Hill, I know that the job of the jury in Russia is to help the judge to pass a correct sentence. And what about your country?
Gloria: Jurors perform a vital role in the American system of justice. The judge determines the law to be applied in the case while the jury decides the facts. Jury service is a high duty of citizenship.
Victor: Mrs. Hill, if I were an American citizen, how would I be selected to serve as a juror?
Gloria: It’s easy. Your name would be selected at random from voter registration and driver’s license. To serve as a juror you must meet certain qualifications: be a US citizen, be 18 years of age or older, be a resident of the area in which you are to serve as a juror, be able to communicate in English, have no felony conviction unless civil rights have been restored.
Victor: The juror’s job is hard. What a great responsibility you take upon yourself when you agree to act as a juror! Does anybody instruct jurors how to perform their duties?
Gloria: You see, each of the jurors is given a very useful book which is called “A Handbook For Jurors Serving in the United States District Courts”. The purpose of this book is to acquaint jurors in a general way with methods of procedure in federal courts, to tell them something about their duties, responsibilities, the nature of their work and its importance along with the meaning of language and terms used in court. But this book doesn’t contain instructions.
Dennis: I’m sorry, Mrs. Hill, but I have doubts about the correctness of the verdict passed by twelve people having no legal education. They are not experts in law.
Gloria: No, they are not. The jurors have to decide only the question of fact. Questions of law are for the judge.
Victor: Mrs. Hill, what happens during a trial?
Gloria: Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is as follows: 1) selection of the jury; 2) opening statements; 3) presentation of evidence; 4) Jury instructions; 5) Jury deliberations; 6) announcement of the verdict.
Victor: How should the jurors be dressed?
Gloria: They must be dressed comfortably. Suits, ties and other more formal wear are not necessary. But don’t get too informal – beach wear, shorts, cutoffs are not appropriate in court. Hats are not allowed unless worn for religious purposes.
Igor: Mrs. Hill, in the films I saw a very interesting ceremony in the courtroom: a witness promises to be honest while giving evidence.
Gloria: It’s not a ceremony, but a rule of the law of evidence. Every witness must swear an oath with his or her hand on the Bible to tell the truth, the whole truth, and nothing but the truth.
Olga: Mrs. Hill, there are twelve people in the jury and their verdict may not be unanimous. Which side has the judge to take then?
Gloria: Friends, a judge has always to take the side of justice. But if the decision of the jury is not unanimous the jury is discharged and a new trial is fixed with a fresh jury.
Igor: Friends, I’ve got an idea! Let’s invite Mrs. Hill to the sitting of a court trying some criminal case with the participation of the jury, of course. And then we shall ask her to expound her impressions about the jury job in Russia.
IV. Problem solving
1. In some districts of America it is the judge who selects the foreperson1 of the jury. In other districts the jurors elect their foreperson. There are districts in the USA where the first juror to enter the jury becomes the foreperson automatically. In Russia the foreperson is the one who presides over the jury’s deliberations and gives every juror a fair opportunity to express his or her views. The foreperson is elected by the jurors. Pretend to be a juror. You must elect the foreperson. Look through the list given below and say which of the personal qualities a foreperson must possess. Explain your choice.
Note:
foreperson – старшина присяжных
ambitious
organized
analytical
persuasive
autonomous
pleasant
calm under pressure
polite
cautious
possess a good sense of humor
cheerful
possess common sense
practical
process-oriented
cooperative
productive
conservative
professional
creative
punctual
curious
a quick learner
dependable
rational
decisive
reliable
detailed-oriented
realistic
diplomatic
respectful
disciplined
results-oriented
dynamic
responsible
energetic
self-motivated
enthusiastic
tactful
ethical
take initiative
fair
team-oriented
flexible
thoughtful
friendly
tolerant
hard-working
willing to take risks
helpful
honest
independent
intelligent
loyal
motivated
open-minded
2. When the name of an American citizen is selected at random from voter registration and driver’s license, he or she must answer to the juror questionnaire. A juror qualification form helps to determine if she or he is qualified to serve as a juror. Below you can see the examples of such questions; answer them.
1. How do you feel about individuals who bring lawsuits for personal injuries? 2. If you thought you were injured because of the fault of someone else, would you consider bringing a lawsuit? Yes/No (If no, please explain). 3. Have you ever considered bringing a lawsuit or claim, or felt like you had a good reason to sue, but decided not to? Yes/No (If yes, please explain). 4. Are there any kinds of lawsuits which you think are unfair or unjust and should not be brought to court? (If yes, will you give us examples of the kind of lawsuits you disagree with). 5. How satisfied or dissatisfied are you with the legal system in the way it treats someone who has brought a lawsuit? 6. How satisfied or dissatisfied are you with the legal system in the way it treats someone who has been sued? 7. Do you agree or disagree with the statement: “Juries can be trusted to make fair awards in personal injury cases”?
LISTENING
1. US Court System
1. Read and memorize the following words and word combinations:
violation – нарушение: It was decided that there had been no violation of the rules.
claim – тяжба, иск: After the house was burgled, she made a claim on her insurance company.
tax – налог: They’re putting up the tax on automobiles.
probate – утверждение завещания: After his death the probate court heard the claims on the will.
ambassador – посол: She was appointed ambassador to Britain three months ago.
re-examine – пересматривать: The council is to re-examine ways of reducing traffic in the city centre.
ruling – постановление, решение: The court’s final ruling was that the companies had acted illegally.
2. Listen and remember as many types of US Courts as you can.
3. Choose the sentences corresponding to the text:
1. Federal courts try cases involving the United States government. 2. Not all the states have federal district courts. 3. State courts receive their power from state constitutions and laws. 4. Higher state courts are known as local courts. 5. The highest court in the nation is the United States Supreme Court.
4. Listen again and answer the following questions:
1. What do federal courts deal with? 2. How many areas is the United States divided into? 3. The federal court system includes special courts, doesn’t it? 4. What are higher state courts known as? 5. What is the highest court in the nation? 6. Is there any way to change a Supreme Court ruling on the Constitution?
2. Americans Wait to See Next Face of the Supreme Court
1. Read and memorize the following words and word combinations:
fill – заполнять: We would prefer to fill the post with a recent graduate.
campaign – проводить кампанию: They’ve been campaigning for years to get him out of prison.
nominee – номинант, претендент: The nominee of the company is very young.
belief – вера: All non-violent religious and political beliefs should be respected equally.
direction – указание: The judge direction was to remain silent.
serve – служить, работать: He served in the army for twenty years.
leave – оставлять: I left the decision up to her.
2. Listen and choose the sentences corresponding to the text:
1. President Bush already has one opening to fill on the nine-member court. 2. Currently the oldest member of the court is Stephen Breyer. 3. Mister Rehnquist is among the more liberal members of the court. 4. Presidents usually try to name justices who don’t share their political beliefs. 5. The Supreme Court represents one of the three branches of the federal government.
3. Listen again and answer the following questions:
1. What are Americans waiting to see? 2. What have Republicans and opposition Democrats prepared for? 3. Who is the youngest justice of the nine members? 4. When was the Supreme Court organized? 5. What are the duties of the Supreme Court? 6. Who controls all the three branches of the federal government?
3. Nomination of Chief Justice Heads to Committee Vote
1. Read and memorize the following words and word combinations:
question – спрашивать, опрашивать: Several men were questioned by police yesterday about the burglary.
delay – откладывать: He wants to delay the meeting a few days.
cancel – аннулировать, отменять: They’ve had to cancel tomorrow’s meeting because of the bad weather.
affect – влиять: The team’s performance was affected by the rain.
tension – напряжение: You could feel the tension in the room as we waited for the court decision.
resignation – отставка: With the news of the scandal came the call for his resignation.
reject – отменять, отклонять: The appeal was rejected by the High Court.
2. Listen and choose the sentences corresponding to the text:
1. Federal judges do not serve for life. 2. Judge Roberts must have the votes of at least sixty-one senators to be confirmed. 3. Judge Roberts is widely recognized as a legal expert. 4. As a lawyer, John Roberts argued thirty-nine cases before the court. 5. The Judiciary Committee advises the Senate to confirm or reject nominations.
3. Listen again and answer the following questions:
1. When is the committee expected to vote? 2. Who tried to get Judge Roberts to fully detail his positions on several major issues? 3. Judge Roberts says that he believes the Constitution supports a right to privacy, doesn’t he? 4. When did President Bush nominate Judge Roberts to become an associate justice after Sandra Day O’Connor announced her resignation? 5. What does the Judiciary Committee advise the Senate? 6. The tradition for many years has been to let all senators vote on nominees, hasn’t it?
VOCABULARY
abuse – 1) злоупотреблять; 2) оскорблять
accumulation – скопление
accuse – обвинять
acquittal – оправдание
adoption – усыновление
appeal – 1) обращаться; 2) подавать апелляционную жалобу
arrive – 1) прибывать; 2) достигать
ascertain – устанавливать, выяснять
assign – 1) предназначать; 2) поручать; 3) назначать
assume – 1) предполагать; 2) принимать на себя
background – 1) задний фон; 2) истоки, происхождение
certify – удостоверять, заверять
cite – ссылаться, цитировать
commence – начинать
compare – сравнивать
conclude – 1) заканчивать; 2) делать вывод
conscious – сознательный, здравый
conveyancing – нормы права, регулирующие передачу собственности на недвижимость
cover – 1) закрывать, покрывать; 2) охватывать, относиться (к чему-л.)
danger – опасность
debt – долг
defendant – ответчик, подсудимый, обвиняемый
engage – 1) нанимать; 2) вовлекать; 3) заниматься (чем-л.)
entitle – давать право (to – на что-л.)
error – ошибка, заблуждение
exceed – превышать
fine – штраф
frequent – 1) частый; 2) обычный
fulfill – выполнять, исполнять, осуществлять
generate – порождать, вызывать
grand – большой, величественный
guidance – 1) совет, рекомендация; 2) руководство
guilt – вина, виновность
impose – облагать, налагать
incur – подвергаться, навлечь на себя
indicate – 1) показывать; 2) означать
inflict – 1) причинять; 2) налагать
intermediate – промежуточный
jurisdiction – 1) отправление правосудия; 2) подсудность
jury – присяжные
liability – 1) ответственность; 2) обязательство, задолженность
litigation – тяжба, судебный процесс
magistrate – магистрат, судья, мировой судья
nullification – аннулирование, уничтожение
offence – проступок, правонарушение, преступление
oppression – притеснение, угнетение, гнет
ordinary – обычный, простой
penalty – наказание, штраф
preliminary – предварительный
pressure – давление
prove – доказывать, подтверждать
random: at random – наугад
recovery – 1) выздоровление; 2) возмещение
relieve – 1) оказывать помощь; 2) облегчать; 3) освобождать
resort – прибежище, спасательное средство
simple – простой
stipulate – обуславливать
unanimous – единодушный, единогласный
warrant – 1) правомочие; 2) ордер, предписание
LESSON TEN
|
Grammar: The forms of the verbals (comparison). Word-building: Prefixes non-, de-, anti-, counter-. Reading and Oral Speech Practice: Outstanding Persons in Law and Administration. Conversational Formulas: Ways of asking for/giving an opinion. |
GRAMMAR
The Forms of the Infinitive
(формы инфинитива)
|
Active |
Passive |
|
|
Indefinite |
to examine The judge began to examine the witness. Судья начал допрашивать свидетеля (начал допрос свидетеля). |
to be examined The witness was called to be examined. Свидетель был вызван для допроса (чтобы его допросили). |
|
Continuous |
to be examining The judge is said to be examining the witness now. Говорят, что судья сейчас допрашивает свидетеля. |
–– |
|
Perfect |
to have examined The judge is known to have examined the witness. Известно, что судья уже допросил свидетеля. |
to have been examined The witness is known to have been examined. Известно, что свидетеля уже допросили. |
|
Perfect Continuous |
to have been examining The judge is said to have been examining the witness since morning. Говорят, что судья допрашивает свидетеля с утра. |
–– |
Notes: 1. Инфинитив в формах Indefinite и Сontinuous выражает действие, одновременное с действием глагола-сказуемого. 2. Инфинитив в формах Perfect и Perfect Continuous выражает действие, предшествующее действию глагола-сказуемого.
The Forms of the Gerund
(формы герундия)
|
Active |
Passive |
|
|
Indefinite |
reading I’m fond of reading. Я люблю читать. |
being read Children are fond of being read to. Дети любят, когда им читают. |
|
Perfect |
having read I’m sorry for not having read the letter. Сожалею, что не прочел письмо. |
having been used He told me of penalties having been used in medieval times. Он рассказал мне о наказаниях, применявшихся в средние века. |
Notes: 1. Герундий в формах Indefinite выражает действие, одновременное с действием глагола-сказуемого, а после предлогов on, after может указывать на предшествование действия. (After reading the book he gave it to me. – После того, как он прочел книгу, он дал ее мне.). 2. Герундий в формах Perfect выражает действие, предшествующее глаголу-сказуемому.
The Forms of Participle I
(формы причастия I)
|
Active |
Passive |
|
|
Indefinite |
speaking Frankly speaking, you are wrong. Откровенно говоря, ты не прав. |
being asked Being asked he didn’t answer a word. Когда его спросили, он не ответил ни слова. |
|
Perfect |
having written Having written the letter he posted it. Написав письмо, он отправил его по почте. |
having been asked She didn't return with us, having been asked to stay. Она не вернулась с нами, так как ее попросили остаться. |
Note: Participle II имеет только одну форму (Passive). Например: to write – written, to open – opened.
Exercises
1. Translate the sentences:
a) 1. This contract is to be discussed tomorrow. 2. There is not a moment to be lost. 3. At that hour of the day visitors are less likely to be coming to the office. 4. I'm sorry to have told you that. 5. He seems to be interfering with her private life. 6. It's useless to discuss now what he ought to have done.
b) 1. Without being obliged he prepared all documents for the coming session. 2. I know you dislike being asked one and the same question several times. 3. The wrongdoer denied his having committed the crime. 4. I don't very much like being interrupted. 5. He's proud of having been of use to the police.
c) 1. Having made the announcement the teacher left the room. 2. Having signed the documents he returned them to his secretary. 3. Having registered the documents the secretary put them in her desk. 4. She stayed in the office to work overtime, having been asked by her boss.
2. Read the sentences, point out all the verbals and state their forms and functions:
1. I ought to have spoken to him. It's important to get all the evidence about the accident. 2. Analysis is a good logical method of detecting crimes. 3. He is believed to be working on this problem now. 4. I want to know his opinion on the evidence produced by the criminal. 5. He is listening to the complaint very attentively. 6. The policemen were sitting in the room, waiting for the criminal to be brought. 7. He is known to have left the office. 8. I saw him enter the room. 9. I've just received a telegram from Jim to say he was going to arrive. 10. The witness said he had seen two men start toward him from the opposite side of the street. 11. She told me of his having left for Moscow. 12. When going somewhere on business, I try to make everything ready beforehand. 13. He stopped as if listening to something. 14. On learning the news, he told it to me. 15. Having graduated with university degree, he began to work at our law firm. 16. All questions being discussed, they signed the transaction documents.
WORD-BUILDING
|
Префикс |
Производящая основа |
Производная основа |
Словообразовательное значение |
Примеры |
|
non- |
прилагательное существительное |
прилагательное существительное |
a) противоположное зна-чению мотивирую щей основы; б) отсутствие качест ва, указанного в мо тивирующей основе. |
aggressive – non-aggressive member – non-member natural – non-natural |
|
de- |
глагол |
глагол |
Действие, противоположное выраженному мотивирующей основой. |
to centralize – to decentralize |
|
anti- |
прилагательное существительное |
прилагательное существительное |
Противоположное значению мотивирующей основы. |
republican – anti-republican fascist – antifascist |
|
counter- |
глагол |
глагол |
Действие, противоположное выраженному мотивирующей основой. |
to act – to counteract |
|
существительное |
существительное |
Опредмеченное действие, обратное выра женному мотивирующей основой. |
campaign – to counter- campaign |
Exercises
1. Give the Russian for:
a) non-stop, nondemocratic, noneducational, nongovern mental, nonrealistic, non-political, non-interference, non-peace ful;
b) decentralize, denationalize, demobilize, dematerialize, denaturalize, demoralize;
c) anticonstitutional, antimilitarism, antifascist, anti-human;
d) counterclaim, counter-espionage, counter-force, counter-revolution, counterbalance.
2. Give the English for:
противодействие, антиобщественный, контрреволю ция, антипатриотический, деморализовать, уничтожать монополию, безостановочный, ненападение.
3. Continue the chains of the family words:
– anti-… – non-…
a) aggression b) moral
– non-… – im-…
– un-…
c) democratic
– non-…
READING
A – 1
1. Read the following proper names; mind their pronunciation:
William Blackstone [wljm blkstun], Cheapside [i:psad], Charterhouse [a:thaus], Pembroke [pembruk], Magna Carta [mgn ka:t], ratio [reu].
2. Read and translate the text; explain your variants of translation of word-combinations in black type:
WILLIAM BLACKSTONE
William Blackstone is considered to be the father of British law. His treaties are real “precious stones” of common law because they present its basic terminology and synthesize its main notion.
Blackstone was born in Cheapside in 1723. He was the posthumous son of a London silk mercer. He received his education at Charterhouse School and at Pembroke College in Oxford. In 1743 he became a fellow of All Souls College in Oxford, and he was called to the bar as a barrister at the Middle Temple in 1746. After practicing in the courts of Westminster for several years, without great success, he returned to Oxford in 1758. At this time, he was appointed Principal of New Inn Hall.
The most famous treaty of Blackstone is the Commentaries on the Laws of England. This work is generalization and analysis of the main principles and doctrines of common law. He also published treatises on Magna Cartа1.
Blackstone’s Commentaries are very popular both in Great Britain and the USA. U.S. courts frequently quote them as the pre-Revolutionary War source of common law; in particular, the United States Supreme Court quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or further. For example, it is quoted every time when there is the discussion about the intent of the Framers of the Constitution because Blackstone wrote his books on common law shortly before the United States Constitution was written and many terms and phrases used by the framers were derived from Blackstone's work. Besides, U.S. and other common law courts mention with strong approval Blackstone’s formulation also known as Blackstone's ratio popularly stated as "Better that ten guilty persons escape than that one innocent suffer" — although he did not first express the principle.
Note:
1Magna Carta – Великая хартия вольностей
3. Give the Russian for:
father of British law, to become a fellow, to be called to the bar as a barrister, to quote frequently, in particular, to go back that far (or further), to be derived from, to express the principle.
основные понятия, получить образование, получить назначение директора, самый знаменитый трактат, обобщение и анализ основных принципов общего права, намерения «отцов» конституции, незадолго до, виновный, невинный.
|
basic |
law |
|
supreme |
terminology |
|
pre-revolutionary |
court |
|
strong |
source |
|
common |
approval |
|
to practice |
to |
the bar |
|
to be called |
in |
courts |
|
the father |
from |
common law |
|
to derive |
of |
works |
|
source |
with |
strong approval |
|
to mention |
- |
the principle |
|
to express |
British law |
1. Who is said to be the “father” of British law? 2. What are the titles of William Blackstone’s works? 3. When and where was Blackstone born? 4. Where did Blackstone receive his education? 5.When was Blackstone appointed Principal of New Inn Hall? 6. What is the most famous work of William Blackstone? 7. Are Blackstone’s Commentaries popular in the USA? 8. When are his Commentaries quoted in the USA? 9. Was it Blackstone who first expressed the principle "Better that ten guilty persons escape than that one innocent suffer"?
A – 2
1. Read the following proper names; mind their pronunciation:
Hipperholme [hphum], Robert Peel [rbt pi:l], Bury [br], Lancashire [lk], Christ Church [krast ], Willington [wltn], Earl Grey [l gre], Harrow School [hru sku:l].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
passion, reform, opposition, administration, attack.
3. Analyse the structure of the following words:
under-secretary, memorable, far-ranging, parliamentary, intolerable, to oversee, underground, landowner.
4. Skim the text and point out the headlines which summarize certain paragraphs of the text; mind that there are two extra headlines:
1. The basics of reforms in medicine. 2. Adoption of Conservatism but being in minority. 3. The process of education and first steps in career. 4. The period of successful presidency. 5. Tragic end of life. 6. Second Conservative administration and new progressive reforms. 7. Years of opposition to Earl Grey.
ROBERT PEEL
Robert Peel was born on 5 February 1788 in Bury, Lancashire. His father was a wealthy cotton mill owner. Peel was educated first at Hipperholme Grammar School, then at Harrow School and finally Christ Church, Oxford, where he took a double first1 in classics and mathematics. He is also believed to have briefly attended Bury Grammar School. Peel entered parliament as a Tory (conservative party) in 1809. His early political career included appointments as under-secretary for war and colonies (1809) and chief secretary for Ireland (1812). In 1822 he became Home Secretary, and introduced far-ranging criminal law and prison reform as well as creating of the Metropolitan Police - the terms 'bobbies' and 'peelers'2 come from his name. His most memorable principle was, "the police are the public, and the public are the police."
It happened so that the Wellington government in which Peel had been Home Secretary fell in 1830. Peel was in opposition to a new administration, headed by Earl Grey. Peel argued passionately against Grey's proposals for parliamentary reform. Nonetheless, in 1832 the Reform Act was passed.
The Whig Government of Earl Grey was dismissed in 1834 by King William IV, who appointed Peel as Prime Minister. But Peel's Tories remained a conservative minority in the House of Commons. Peel found this situation intolerable and resigned in 1835.
In 1841, Peel formed a Conservative administration again. It was during this government that he oversaw the introduction of significant legislation such as the Mines Act of 1842, which forbade the employment of women and children underground and the Factory Act of 1844, which limited working hours for children and women in factories. In 1845, Peel faced the defining challenge of his career, when he attempted to repeal the Corn Laws which had been introduced to protect British agriculture. This was done to free up more food for Ireland, where a potato famine was raging. Landowners resisted in the House of Commons what they perceived as an attack on them. Peel's Conservative Party would not support him, and the debate lasted for months. Eventually, in June 1846, with support from the Whigs and the Radicals, the Corn Laws were repealed. On the same day Peel was defeated on another bill, and resigned. He never held office again.
Four years later, Peel was badly injured after falling from his horse and died on 2 July 1850 in London.
Notes:
1double first – изучение двух предметов в качестве основной специальности
2bobby, peeler – разг. полисмен
5. Speak about the posts which Robert Peel held and reforms which he introduced.
A – 3
1. Read the following proper names; mind their pronunciation:
Denning [den], Charles [a:lz], Southampton [sauhmptn], Magdalen [m:dln], Winchester [wnst], Whitchurch [w].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
precedent, primary, mathematics, baron, statute, contribution.
3. Analyse the structure of the following words:
law-making, to reconsider, honorary, peerage, freedom, celebration.
4. Scan the text and say what fact is considered to be the turning point in the career of Tom Denning:
TOM DENNING
Lord Denning was perhaps the greatest law-making judge of the 20th century. He is one of the most quoted Court of Appeal judges. He was not afraid to reconsider or depart from an established precedent. Creatively using his approach he shaped appellate law whilst following his primary interest: justice.
Tom Denning was born in January 1899. His father Charles owned a shop in the Hampshire town of Whitchurch. His mother had been a school teacher. After school and after a year at the University of Oxford, he served in the First World War. He resumed his education at Magdalen College, Oxford, graduating with a First Class degree in mathematics, after which he taught mathematics at Winchester College, before returning to study law at Magdalen, again achieving a First Class degree. He was later made an honorary fellow by the college. He trained at Lincoln’s Inn, and was later a bencher of the Inn.
Denning was called to the English bar in 1923, took silk1 in 1938 and was appointed a High Court judge in 1944. Only four years later, he was appointed a Lord Justice of Appeal, as well as a Privy Councillor2, and in 1957 he became a Lord of Appeal in Ordinary with a life peerage as Baron Denning of Whitchurch in the County of Southampton. He also served as Master of the Rolls from 1962 to 1982 (presided over the Civil Division), later receiving the Order of Merit3 in 1997 in recognition of his distinguished career.
The year 1962 was the turning point in the career of Lord Denning. That was the year he stepped down from the House of Lords to a much more influential post - Master of the Rolls4. During his 20 years as Master of the Rolls, he could choose his own cases and the judges who were to sit with him. So on most issues, he effectively had the last word.
Not many cases went on to the House of Lords, Britain's highest court of law. But in seeking justice Lord Denning thought he had the right to change any rule of law that stood in his way. There was no need to wait for legislation. "Parliament does it too late," he argued. "It may take years and years before a statute can be passed to amend a bad law… The judge ... should make the law correspond with the justice that the case requires." Tom Denning stood firm for freedom under the law. His whole life was devoted to justice.
Denning died a few months after his 100th birthday. At the celebrations of his birthday which he was unable to attend Law Society President Michael Matthews said: "He was a towering figure in the law who made an enormous contribution to the law of this century, probably the major contribution."
Notes:
1to take silk – стать королевским адвокатом
2privy councillor - член тайного совета
3Order of Merit – Орден за заслуги
4Master of the Rolls - "хозяин свитков": глава государственного архива, член Высокого суда правосудия, председатель Апелляционного суда
5. Scan the text once again and state the facts of Lord Denning’s biography which took place in:
1899, 1923, 1938, 1944, 1957, 1962-1982, 1997, 1999.
B - 1
George With [dd w], Elizabeth City County [lzb st kaunt], Virginia [vdn], Stephen Dewey [sti:vn dju:], Williamsburg [wljmsbg], Thomas Jefferson [tms defsn], Henry Clay [henr kle], James Monroe [demz mnru], John Marshall [dn ma:l].
2. Read and translate the text; explain your variants of translation of sentences marked with an asterisk:
GEORGE WYTHE
George Wythe (1726 - 1806), was a lawyer, a judge, a prominent law professor and a signer of the United States Declaration of Independence. He was the first professor of law in America, earning him the title of "The Father of American Jurisprudence." Wythe served as a representative of Virginia and a delegate to the Constitutional Convention — though he left the Convention early and did not sign the final version of the Constitution.
Wythe was born in Elizabeth City County, Virginia, and educated at home by his mother. His father died when he was three. Wythe attended the College of William and Mary but dropped out, unable to afford the fees. He read law at the office of Stephen Dewey and was admitted to the bar in 1746. He was Clerk of the committee on Privileges and Elections of the House of Burgesses in 1746, and was appointed Attorney General by the Royal Governor of Virginia in 1773.
Wythe served as mayor of Williamsburg, Virginia from 1768 to 1769. In 1779 he was appointed to the newly created Chair of Law at William and Mary, becoming the first law professor in the United States. Wythe's pupils at William and Mary included Thomas Jefferson, Henry Clay, James Monroe, and John Marshall.
Wythe was elected to the Continental Congress in 1775. He voted in favor of the resolution for independence and signed the Declaration of Independence. He also helped form the new government of Virginia and later he was elected Speaker of the Virginia House of Delegates in 1777. In 1789 he became Judge of the Chancery Court of Virginia and later designed the seal of Virginia.
Wythe, in his will, left his extraordinary book collection to Thomas Jefferson who described his mentor and friend by stating: "He was my ancient master, my earliest and best friend, and to him I am indebted for first impressions which have been the most salutary on the course of my life." ٭
3. Give the English for:
a signer of the United States Declaration of Independence, to sign the final version of the Constitution, to read law, to be admitted to the bar, to be appointed to the Chair of Law, political philosophy, to vote in favour of the resolution for independence, extraordinary book collection.
выдающийся преподаватель права, делегат от Вирджинии, быть отчисленным из-за отсутствия возможности оплатить обучение, занимать пост мэра, Континентальный конгресс (законодательный орган будущих США во время и после Войны за независимость), подписать Декларацию независимости, стать судьёй Канцлерского суда Вирджинии, наставник и друг.
1. George Wythe was a lawyer, a judge, a prominent law professor and a singer. 2. Wythe had an opportunity to sign the final version of the Constitutional Convention. 3. Wythe was educated by his father. 4. Wythe worked in the House of Burgesses up to the very end. 5. Once Wythe held the post of a mayor. 6. John Kennedy was the pupil of George Wythe. 7. The seal of Virginia was designed by George Wythe. 8. According to Wythe’s will everything should be inherited by the government.
B – 2
1. Read the following proper names; mind their pronunciation:
Earl Rogers [l rds], Buffalo [bflu], Los Angeles [lsndli:z], California [klfn], William Alford [wljm lfd], Stanley Gardener [stnl ga:dn], Perry Mason [per mesn].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
autopsy, physician, minister, medical, expert, technical, expertise.
3. Translate the following family words:
sane – sanity – insanity, to care – care – careless – carelessness, to hope – hope – hopeful – hopeless, to defend – defense – defendant, self-defense, down – downward, up – upward.
4. Remember the following words:
surgeon – 1) хирург; 2) военный врач
1. The surgeon who carried out the operation said it had been a success. 2. You must consult your surgeon.
to refute – опровергать
1. The lawyer used new evidence to refute the charges.
coroner – следователь, ведущий дела о насильственной или скоропостижной смерти
1.The coroner arrived at the scene of crime.
testimony – 1) показания свидетеля, 2) доказательство
1. I don’t think their testimony is reliable. 2. His testimony helped win the case.
bullet – пуля
1. Soldiers started firing bullets above the crowd.
5. Skim the text and correct its plan:
1. Field of specialization.
2. The most famous case.
3. Official posts.
4. Earl Rogers and literature.
EARL ROGERS
Earl Rogers was born in 1869 near Buffalo, New York and died on February 23, 1922 Los Angeles, California. He was a successful American trial lawyer. He was the son of a Methodist minister who went to California when Earl was still a small boy.
He was admitted to the bar in 1897. Rogers appeared for the defense in 77 murder trials and lost only three. He astonished medical experts on the witness stand with his technical questions. His expertise was so complete that he became a professor of medical jurisprudence and insanity in the College of Physicians and Surgeons as well as a professor at the University of Southern California Law School. In "The Case of the Grinning Skull"1, Rogers introduced the skull of a victim to prove that what appeared to be a fracture resulting from a violent blow was, in fact, the result of carelessness by the autopsy surgeon. His client walked free.
One of the most famous cases of Earl Rogers is considered to be the case of William Alford. In 1899 William Alford shot Jay E. Hunter, one of the town’s leading attorneys. Called upon to defend Alford, the young lawyer faced a seemingly hopeless case: Alford had been armed with a pistol, Hunter - only with a cane2, and Alford’s insistence that he had fired in self-defense after the attorney had struck him with a heavy stick was refuted by the coroner’s testimony that the bullet had driven downward through Hunter’s body. The trial was going against Alford when Rogers did something unusual: he called for Hunter’s intestines3 to be brought into the court. The prosecution protested, but still the intestines were brought. After that Rogers got an expert witness to confirm that in fact the bullet had traveled upward: to have followed the course it did, Hunter would have had to be bending over—undoubtedly plying his cane just as Alford had claimed. Alford went free and Earl Rogers found himself famous.
Ten years after Rogers’ death, impressed with accounts of his cases, attorney and writer Earl Stanley Gardener reincarnated Rogers as the character Perry Mason.
Notes:
1"The Case of the Grinning Skull" – «Дело об ухмыляющемся черепе»
2cane - трость
3intestines - кишечник
B – 3
1. Read the following proper names; mind their pronunciation:
Johnnie Cochran [dn kkrn], Simpson [smpsn], Geronimo Pratt [dernmu prt], Julius Butler [du:ls btl], Robert Shapiro [rbt epru].
2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:
phrase, race, group, neutralization, informant.
3. Analyse the structure of the following words:
longtime, co-council, successful, argument, informant, involvement.
6. Remember the following words:
murder – тяжкое убийство (с заранее обдуманным злым умыслом)
1. He was charged with the attempted murder. 2. There were three murders in the town last month.
to persuade – убеждать
1. He persuaded me not to go there.
glove (pl. gloves) – перчатка
1. I need a new pair of gloves.
reasonable doubt – разумное сомнение
1. The prosecution has to establish his guilt beyond reasonable doubt.
robbery – разбой, грабеж
1. Two bank robberies were committed yesterday. 2. He was sentenced by the court for armed robbery.
5. Scan the text and say what famous people Johnnie Cochran had successfully defended:
JOHNNIE COCHRAN
On Thursday, March 31, 2005 there was an article in Moscow “Times” with the heading “Attorney Cochran Dies at 67”. He was known all over the world for his successful defense of football star O.J. Simpson on murder charges, the "trial of the century". It resulted in a controversial acquittal in 1955. During closing arguments in the Simpson trial, Cochran pronounced the now famous phrase, "if the glove doesn't fit, you must acquit." He used the phrase as a way to try to persuade the jury that O.J. Simpson could not have murdered his former wife, because the murderer's gloves did not fit him. According to a number of legal analyzers, the phrase was central to the trial.
Despite the Simpson victory, Johnnie Cochran was criticized for bringing up the issue of race. Cochran told the mainly black Simpson jury that police officers were trying to frame O.J. Simpson because of his race. Robert Shapiro, co-counsel on the Simpson defense team, accused Cochran of dealing the "race card". In response, Cochran replied that it was not a case about race, but a case about reasonable doubt.
The most glorious moment as a lawyer, in Cochran's opinion, was when he won the freedom of Geronimo Pratt, a former leader of BPP (the Black Panther Party), who was convicted in a Los Angeles state court in 1972 of shooting and killing a woman and wounding her husband during a robbery in Santa Monica in 1968. He has always denied involvement in the crime and maintained that he was hundreds of miles away at a BPP meeting in Oakland at the time of the murder. In 1975, US Senate hearings revealed that the BPP was a primary target of an FBI counter-intelligence program aimed at disrupting and neutralizing certain US political groups. Information obtained by Pratt’s lawyers from FBI (Federal Bureau of Investigation) files after 1979 revealed that Pratt was personally targeted for "neutralization" by FBI at the time of his arrest. Information from FBI files also indicated that Julius Butler, the chief prosecution witness who testified that Pratt had confessed to the murder, had been an FBI informant for more than two years before the trial (Butler had denied ever being a police informant when on the witness stand). Cochran considered the release "the happiest day" of his legal practice.
Johnnie Cochran was a longtime crusader1 against police abuses, often in cases involving Afro-American clients.
Note:
1crusader - крестоносец
ORAL SPEECH PRACTICE
I. Mind your grammar when you speak
1. Suggest that your friend should do something:
Model : I suggest that you (should) go to the exhibition.
Prompts: to learn more about the Anglo-American legal system, to make a report on the development of statute law in the UK, to look through the description of these precedents, to speak to the plaintiff first of all.
2. Say that your friend should have done something:
Model : You should have spoken to her.
Prompts: to learn English, to read his report, to visit the exhibition, to do it, to write a letter to her, to speak to the investigator.
3. Express disapproval:
Model A: Kate didn't even write to me.
B: Oh, really! At least she should have written to you!
Prompts: John – not to send a telegram, Bob – not to wait for me, Jane – not to speak to me, Pete – not to telephone, Sam – not to answer my question, Bill – not to thank Jane.
4. Agree with your friend's statement:
Model 1: A: I know they must sign a new contract.
B: Yes, a new contract must be signed.
Prompts: to discuss his testimony; to find all the facts; to investigate this crime; to finish the article; to open the exhibition.
Model 2: A: I hear you have done it.
B: Yes, it has been done.
Prompts: they – to close the shop; he – to build a cottage; you – to receive her letter; she – to complete her work.
Model 3: A: After they had finished the discussion of the verdict, the jurors returned to the courtroom.
B: You are right. Having finished the discussion of the verdict, the jurors returned to the courtroom. (After finishing the discussion of the verdict, the jurors returned to the courtroom.)
Prompts: 1. After he had found Jim's address, Tom sent him a telegram. 2. After they had discussed the case, they began to study the documents. 3. After I had tried various topics of conversation, I asked her what her occupation was. 4. After I had inquired about the date of the trial from the clerk, I asked my lawyer if I could be awarded a redress. 5. After the investigator had read most of the documents relating to the crime, he decided to speak to the witness once again.
5. Say you are sorry for not having done something:
Model: A: You didn't read my note.
B: Oh, I'm really very sorry for not having read your note.
Prompts: not to do it; not to collect all the facts in time; not to translate the text; not to learn the new words; not to discuss the results of the expertise; not to study the claim.
II. Conversational formulas
Ways of asking for/giving an opinion
Asking for an opinion
|
What do you think about/of ...? What's your opinion of ...? How do you find ...? |
– Что вы думаете о ...? – Каково ваше мнение о ...? – Как вы находите ...? |
Giving an opinion
|
It's my opinion that ... In my opinion ... I (honestly/really) think that ... I don't think you are right. |
– Мое мнение таково ... – По моему мнению, ... – Я действительно думаю, что ... – Я не думаю, что вы правы. |
Exercises
1. Read and practise the following flashes of conversation, work in pairs or in groups of three:
1
A: What do you think of television?
B: In my opinion television is very helpful in getting informa tion.
2
A: How do you find the last film of Mikhalkov?
B: I really think it is a masterpiece.
3
A: Don't you think that to watch TV is to waste time?
B: That's exactly my opinion.
C: But I don't think so. There are a lot of useful programmes.
4
A: What's your opinion of him?
B: He is very intelligent, I must say.
A: That's my opinion too.
2. Translate the Russian phrases in the following flash es of conversation:
1
A: Won't it be better if we stop quarrelling and discuss the situation?
В: Именно таково и мое мнение.
2
A: Mrs. Howard, I think that our young people have too much freedom.
В: Согласна с вами, Mrs. Slow. In our times young people were more modest.
3
A: You see, по моему мнению, sport is a waste of time.
В: Я не думаю, что вы правы. Sport helps us to keep healthy and young.
3. Express your opinion on the following statements:
1. You learn more from television than from books. 2. Everyone must have higher education. 3. Science makes us wiser. 4. Reading one and the same book several times is boring. 5. Only Great Jove makes a marriage successful. 6. A child must be taught a foreign language as early as possible. 7. The proof of the pudding is in its eating. 8. Out of sight out of mind. 8. Legal profession is very important for the society.
III. Polylogue
1. Read the polylogue:
Members of the Students’ Club are hosting a very interesting personality, a fourth year student of our Academy, Yuri Shuvalov. The fact that he was invited to the meeting of the Students’ Club as a guest was a surprise for many students.
Victor: Dear friends, let me introduce Yuri Shuvalov, a student of our Academy …
Vera: Why, Victor, sorry for interrupting you but almost all of us know Yura! We study together.
Victor: Wait a minute, Vera; it will be a surprise to all of you. Yuri Shuvalov is the First Prize winner of the International Competition of Young Composers which was held in Vienna.
Students: What a surprise! Congratulations! We’re glad to hear it!
Yuri: Thank you, friends.
Lena: Yuri, for what musical compositions have you got the First Prize?
Yuri: I wrote a concerto for the symphonic orchestra and a ballade.
Dennis: So, Yuri, you’ll be a lawyer and a composer? That’s an unusual combination.
Yuri: But actually it’s not so unusual. In fact, if you do a bit of research, you will find judges who are composers are pretty commonplace.
Misha: Did you study to be a composer?
Yuri: I’ll correct you. Use Present Simple instead of the Past. I continue my studies in our Conservatoire. You see, my parents always wanted me to be a lawyer, because they regarded music as a hobby not a career. But to tell you the truth, while studying in our academy I began to take great interest in law. So, I haven’t yet decided whether I shall be a lawyer or a musician.
Tanya: Friends, didn’t you know that the great Russian composer Tchaikovsky not only studied law but actually graduated from the School of Jurisprudence in St. Petersburg in 1859. He worked in the Ministry of Justice as a lawyer for four years until he resigned to devote himself to music.
Yuri: There are a lot of similar examples: Georg Frederic Handel1 a great German composer and Igor Stravinsky. Stravinsky was the most famous Russian composer of the 20th century. I believe you read about the triumph of his ballets "The Rite of Spring”2 and “Petrushka” in Paris in 1913. From the age of 17 the young man studied law at the St. Petersburg University under heavy parental pressure.
Marina: Lawyers who are composers or composers who are lawyers are not a surprise for me. Friends, do you remember the romantic fairytale of our childhood “The Nutcracker”3? This fairytale and many others were written by Ernst Theodor Amadeus Hoffman.
Vera: Yes, he was a talented writer!
Marina: And a composer. He was a composer who wrote symphonies, chamber works4 and operas, one of which, “Undine”, achieved considerable success.
Vera: You want to say that Hoffmann was a writer, a composer and …
Yuri: … a highly respected judge. He began his law studies in 1792 at the University of Kongsberg, graduated in 1795 and went into the judiciary. In 1800 he became a superior court judge.
Victor: What a curious piece of information!
Tanya: It really is. And I’m sure you know the name of the famous Romantic Russian poet Apukhtin.
Victor: Do you mean he was a lawyer too?
Tanya: Yes.
Victor: Oh, a romantic lawyer! That’s a remarkable fact! English and American lawyers are also romantics. I’m sure you know such a representative of romanticism in English literature as Walter Scott. He began his legal career as his father’s apprentice. And Washington Irving, the first classic of American romanticism in literature, worked as a clerk in a law office. Later he was admitted to the Bar.
Misha: And I can add to this list Robert Louis Stevenson, whose novels impressed us in our childhood. He was a lawyer by education too.
Yuri: So law and music, law and literature seemingly remote from each other, can actually be combined very successfully as concurrent careers.
Victor: Friends, I have an idea. Let’s hold a conference in our Academy devoted to the history of legal education and the contribution of lawyers to the world culture.
Students: It’s really a good idea!
Notes:
1George Frederic Handel - Георг Фредерик Гендель, великий немецкий композитор
2“The Rite of Spring” - “Весна священная”, балет Игоря Стравинского
3“The Nutcracker” - «Щелкунчик», сказка Гофмана
4chamber works - камерные произведения
2. Make a report about one or two outstanding lawyers of Russia and present it to your classmates.
3. Act out the polylogue.
IV. Discussion
1. Lawyers are sometimes called “engineers if human souls”. To be a good lawyer it is necessary to possess knowledge from different fields of science, for example, psychiatry, psychology, medicine, pedagogic. Discuss it.
2. Complete the phrase: “If I feel that the profession of a lawyer does not correspond to my wishes (desires, abilities, expectations, hopes, dreams ?), I shall …”
LISTENING
1. When Gunfighters Ruled the Streets1 of the Wild West
1. Read and memorize the following words and word combinations:
settler – поселенец: Some of the earliest free settlers in Australia were sheep farmers
outlaw – лицо, вне закона; бандит: According to English legend, Robin Hood was an outlaw who lived in the forest and stole from the rich to give to the poor.
deputy – исполняющий обязанности, помощник: I’m acting as deputy while the boss is away.
marshal – маршал, полицейский: Marshal Dillon was the only law enforcement the territory had.
threat – угроза: Drunken drivers are a threat to road users.
obey – соблюдать, следовать: They are countries which don’t obey the rules of international law.
last – длиться: The meeting lasted two hours.
Note: 1Ruled the streets – зд. контролировать улицы, управлять
2. Listen and choose the sentences corresponding to the text:
1. Living in the American West was not easy. 2. Several lawmen in the Old West had learned to use their weapons when they were criminals. 3. The outlaws and the lawmen in the Old West had nothing in common. 4. He was trying to arrest a man who had been drinking too much alcohol. 5. Experts on the American West often disagree about who were the most dangerous gunmen in that period of American history.
3. Listen again and answer the following questions:
1. Were there a lot of lawmen to keep order in American West? 2. What did honest people who moved to the West carry to protect themselves and their property? 3. Who was William Matthew Tilghman? 4. Did Bill Tilghman use his gun only one time as a law officer? 5. Who feared and obeyed Bill Tilghman? 6. When was Bill Tilghman shot to death?
2. Thurgood Marshall, 1908-1993:
First African American to Serve on the US Supreme Court
1. Read and memorize the following words and word combinations:
attend – присутствовать, посещать: The trial will be on the 15th, but you don’t have to attend if you would prefer not to.
honor – честь: They are fighting for things like honor, reputation and pride.
approve – одобрять: We had to wait months for the council to approve our plans.
representation – представительство: The government pays for a lawyer when people are too poor to pay for legal representation.
dissent – расхождение, несогласие: There is some dissent within the committee on this issue.
retire – уходить в отставку: Since she retired from the company, she has begun to work as a volunteer for a charity.
2. Listen and memorise as many posts of Thurgood Marshall as you can.
3. Listen again and choose the sentences corresponding to the text:
1. In Baltimore black people were separated from white people by law. 2. Black people lived only in areas where white people lived. 3. In 1961, President John Kennedy was named to be a judge of a federal appeals court. 4. Thurgood Marshall said no one should be put to death for any reason. 5. Some reports said he no longer wanted to fight against the liberal majority of the court.
4. Use the following questions to retell the text:
1. When was Thurgood Marshall born? 2. What University did Thurgood Marshall attend? 3. Who nominated Thurgood Marshall to the Supreme Court in 1967? 4. Thurgood Marshall became the first black person to serve as a Supreme Court Justice, didn’t he? 5. How did justice Marshall always vote in cases in which the majority voted that a death sentence was legal? 6. When did Thurgood Marshall announce that he would retire from the Supreme Court?
3. Barbara Jordan, 1936-1996:
A Powerful Voice for Justice and Social Change
1. Read and memorize the following words and word combinations:
thoughtful – задумчивый, внимательный: He has a thoughtful approach to his work.
seat – место: She has a seat on the board of directors.
propose – предлагать: He proposed dealing directly with the committee.
wage – заработная плата: He gets a good wage, because he works for a fair employer.
limitless – неограниченный, безграничный: The minister said that the days of limitless spending were over.
bury – хоронить: His father was buried two years ago.
funeral – похороны: She was allowed out of prison to attend her sister’s funeral.
2. Listen and choose the sentences corresponding to the text:
1. Barbara Jordan wasn’t well known for her powerful, thoughtful speeches. 2. She first campaigned for public office in 1975. 3. In Congress, Miz Jordan spoke for the poor, for women, for African-Americans and Latin Americans. 4. Barbara Jordan considered herself a teacher first, above all else. 5. President Bush presented Barbara Jordan the Presidential Medal of Freedom in 1994.
3. Listen again and answer the following questions:
1. Who was Barbara Jordan? 2. What did Barbara Jordan work for? 3. When did Miz Jordan decide to seek a seat in the Texas Senate? 4. Who did Miz Jordan speak for in Congress? 5. Did the fact she was black and a woman seem to slow Barbara Jordan's rise? 6. What did former Texas Governor Ann Richards say at the funeral ceremony?
VOCABULARY
account – 1) сообщение; 2) мнение; 3) подсчет
agriculture – сельское хозяйство
amend – вносить поправки
approach – 1) приближение; 2) подход
astonish – удивлять
attempt – 1) попытка, проба; 2) покушение
blow – удар
briefly – кратко, сжато
bury – хоронить
challenge – 1) вызов; 2) сложная задача, проблема
confess – признаваться, сознаваться
contribution – вклад
correspond – соответствовать
defeat – 1) наносить поражение; 2) проваливать
deny – 1) отрицать, отвергать; 2) отпираться, отказываться
depart – 1) отбывать; 2) отклоняться, отступать
despite – несмотря на
dismiss – 1) распускать; «0 увольнять
disrupt – разрывать, разрушать, срывать
eloquent – красноречивый
enormous – громадный, огромный
exhibit – 1) экспонат; 2) вещественное доказательство
express – выражать
face – сталкиваться
famine – 1) голод; 2) недостаток
fees – плата за обучение
fit – соответствовать, быть впору
flexible – гибкий
glorious – славный, знаменитый
injure – 1) ушибить, ранить; 2) повредить, причинить ущерб
innocent – невинный
insanity – умопомешательство
insistence – настойчивость, упорство
note – замечать, отмечать
notion – понятие, представление
novel – роман
passionate – 1) вспыльчивый; 2) страстный
precious – драгоценный, любимый
prosecution – 1) судебное преследование; 2) (the) обвинение
quote – цитировать, ссылаться
release – освобождать
repeal – аннулировать, отменять
reveal – открывать, разоблачать
significant – значительный, существенный
suffer – страдать, испытывать, претерпевать
suit – годиться, соответствовать, подходить
target – цель, мишень
team – команда
testify – давать показания, свидетельствовать
tool – 1) инструмент; 2) орудие
travel – 1) путешествовать; 2) двигаться
utter – 1) произносить; 2) выражать словами
victory – победа
wound – рана, ранение
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