Part 2 . Legislation and Constitution

PART 2. LEGISLATION AND CONSTITUTION

8. UNIT 1. Legislation in Russia __________________________ 35

 9. UNIT 2. Law-making procedure in the USA ______________ 41

10.  UNIT 3. The United Kingdom legislation ________________ 44

11. UNIT 4. The Constitution of the Russian Federation ______ 47

12. UNIT 5. Constitutions of the USA and the UK ____________ 52

13. UNIT 6. E-MAIL IN ENGLISH _______________________________ 56

14. GLOSSARY _________________________________________________ 62

15. Краткий грамматический справочник ________________ 63

16. Список использованной литературы _________________ 66

 

PART 1

 

 

LAW AND LEGAL PROFESSIONS

 

UNIT 1. INTRODUCTION TO LAW

 

Посмотрите на рисунки. Опишите, что изображено на них. Как Вы думаете, каким образом они связаны с понятием «право». Какие сферы взаимоотношений в обществе и между людьми регулируются правом?

 

 

A B C

 

D E        F

 

     G H

 

2. Прочитайте данные ниже определения слова «law», которое переводится на русский язык как «право, закон». Как Вы думаете, какое из определений этого слова больше всего подходит к каждому из рисунков?

1. A rule of conduct or procedure established by custom, agreement, or authority.
2. A set of rules or principles dealing with a specific area of a legal system.
3. A way of life.
4. A statement describing a relationship observed to be invariable between or among phenomena for all cases in which the specified conditions are met.
5. A principle of organization, procedure, or technique.
6. A generalization based on consistent experience or results.

 

3. Ответьте на вопросы, начиная ответ с одного из выражений, данных в рамке.

1. Can we live without laws?
2. Why do we need the law?
3. What spheres of life are regulated by law?
4. Must people obey laws?
5. What rules of behavior are accepted in the society?
6. Do you share the idea that people should look only after themselves and take no care about others?
7. What rules do you obey willingly?
8. What rules would you abolish if you could?
9. Do laws limit your personal freedom?
10. Must all people study law at school?
11. Do you feel that laws protect you?
12. What law would you suggest if you were a Member of Parliament?

 

Прочитайте и выучите идиоматические выражения со словом «law». Составьте предложения с каждым из них. (Идиомы – это устойчивые по составу и структуре лексически неделимые и целостные по значению словосочетания или предложения, выполняющие функцию словарной единицы).

 

1. law and order - правопорядок
2. the law of the jungle – закон джунглей
3. to lay down the law- a) устанавливать правовые нормы, формулировать закон; б) говорить безапелляционным тоном, не допускать возражений
4. Necessity knows no law – нужда не знает закона.

 

UNIT 2. WHY DO WE NEED THE LAW?

 

LANGUAGE IN USE

1. Прочитайте а) 1-ю форму глагола б) 2-ю форму глагола в) 3-ю форму глагола.

 

made, make, begun, begin, began, was, is, been, were, being, drive, driven, driving, drove, kept, keep, arisen, arise, arose, dealt, deal, dealing, have, had, has, protected, protect, taken, take, took, feel, felt, flaw, flawed, spoken, spoke, speak, seek, sought, choose, chosen, chose.

 

2. Прочитайте формы сказуемого, которые переводятся на русский язык а) настоящим временем б) прошедшим временем в) будущим временем.

 

will begin, have protected, is speaking, had taken, made, seek to do, shall have, are driving, has felt, were keeping, ensured, is going to take, will be necessary, deals with, am doing, flaws, was regulating, had chosen, have resolved, are arising, are going to do, will settle, drive, keeps, are applying, rejected, shall respect, imposed.

 

TEXT 1

WHY DO WE NEED THE LAW?

 

Almost everything we do is governed by some set of rules. There are rules for games, for social clubs, for sports and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do. However, some rules -- those made by the state or the courts -- are called "laws". Laws resemble morality because they are designed to control or alter our behavior. But unlike rules of morality, laws are enforced by the courts; if you break a law -- whether you like that law or not -- you may be forced to pay a fine, pay damages, or go to prison.

Why are some rules so special that they are made into laws? Why do we need rules that everyone must obey? In short, what is the purpose of law?

If we did not live in a structured society with other people, laws would not be necessary. We would simply do as we please, with little regard for others. But ever since individuals began to associate with other people -- to live in society --laws have been the glue that has kept society together. For example, the law in our country states that we must drive our cars on the right-hand side of a two-way street. If people were allowed to choose at random which side of the street to drive on, driving would be dangerous and chaotic. Laws regulating our business affairs help to ensure that people keep their promises. Laws against criminal conduct help to safeguard our personal property and our lives.

Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, we do not want the matter settled by a duel: we turn to the law and to institutions like the courts to decide who is the real owner and to make sure that the real owner's rights are respected.

We need law, then, to ensure a safe and peaceful society in which individuals' rights are respected. But we expect even more from our law. Some totalitarian governments have cruel and arbitrary laws, enforced by police forces free to arrest and punish people without trial. Strong-arm tactics may provide a great deal of order, but we reject this form of control. The legal system should respect individual rights while, at the same time, ensuring that society operates in an orderly manner. And society should believe in the Rule of Law, which means that the law applies to every person, including members of the police and other public officials, who must carry out their public duties in accordance with the law.

In our society, laws are not only designed to govern our conduct: they are also intended to give effect to social policies. For example, some laws provide for benefits when workers are injured on the job, for health care, as well as for loans to students who otherwise might not be able to go to university.

Another goal of the law is fairness. This means that the law should recognize and protect certain basic individual rights and freedoms, such as liberty and equality. The law also serves to ensure that strong groups and individuals do not use their powerful positions in society to take unfair advantage of weaker individuals.

However, despite the best intentions, laws are sometimes created that people later recognize as being unjust or unfair. In a democratic society, laws are not carved in stone, but must reflect the changing needs of society. In a democracy, anyone who feels that a particular law is flawed has the right to speak out publicly and to seek to change the law by lawful means.

UNIT 3. LAW AND SOCIETY

Прочитайте текст.

TEXT 2

LAW AND SOCIETY

When the world was at a very primitive stage of development there were no laws to regulate life of people. If a man chose to kill his wife or if a woman succeeded in killing her husband that was their own business and no one interfered officially.

But things never stay the same. The life has changed. We live in a complicated world. Scientific and social developments increase the tempo of our daily living activities, make them more involved. Now we need rules and regulations which govern our every social move and action. We have made laws of community living.

Though laws are based on the reasonable needs at the community we often don’t notice them. If our neighbor plays loud music late at night, we probably try to discuss the matter with him rather than consulting the police, the lawyer or the courts. When we buy a TV set, or a train ticket or loan money to somebody a lawyer may tell us it represents a contract with legal obligations. But to most of us it is just a ticket that gets us on a train or a TV set to watch.

Only when a neighbor refuses to behave reasonably or when we are injured in a train accident, the money wasn’t repaid, the TV set fails to work and the owner of the shop didn’t return money or replace it, we do start thinking about the legal implications of everyday activities.

You may wish to take legal action to recover your loss. You may sue against Bert who didn’t pay his debt. Thus you become a plaintiff and Bert is a defendant. At the trial you testified under oath about the loan. Bert, in his turn, claimed that it was a gift to him, which was not to be returned. The court after the listening to the testimony of both sides and considering the law decided that it was a loan and directed that judgment be entered in favor of you against Bert.

Some transactions in modern society are so complex that few of us would risk making them without first seeking legal advice. For example, buying or selling a house, setting up a business, or deciding whom to give our property to when we die.

On the whole it seems that people all over the world are becoming more and more accustomed to using legal means to regulate their relations with each other. Multinational companies employ lawyers to ensure that their contracts are valid whenever they do business.

2. Ответьте на вопросы.

1. Were there any laws when the world was at a very primitive stage of development?

2. Why do we need rules and regulations nowadays?

3. Do we notice laws? Why?

4. When do we start thinking about the legal implications of our everyday activities?

5. In what case may we sue against Berth?

6. Where do we testify under oath?

7. Did Berth win or lose the case?

8. In what cases do people seek legal advice?

9. Why do companies employ lawyers?

 

Model:

a) I think it is true. The text tells us that ………

b) To my mind, it is false because …………

1. We usually think about the legal implications of everyday activities.
2. Few of us would risk making transactions without first seeking legal advice.
3. People all over the world are becoming more and more accustomed to using legal means to regulate their relations with each other.
4. Even though the TV set fails to work and the owner of the shop didn’t return your money or replace the TV set, we don’t start thinking of taking legal advice.
5. When you buy a train ticket a lawyer may tell you it represents a contract with legal obligations.
6. You may not sue against the person who didn’t pay his debt.
7. You can testify at the doctor’s.
8. A defendant can accuse a plaintiff.
9. The court may listen to testimony of one side.
10. All transactions in modern society are very complex.
11. Nobody should have basic knowledge of law.

 

 

4. Прочитайте определения слов и догадайтесь, о каких словах из текста идет речь.

1. ___________ is the party that is accused in court of a crime or a civil offence.

2. ___________ is the party that starts or carries out civil proceedings. It is usually a private 

                        citizen or a company.

3. ___________ is a civil legal proceeding against someone.

4. ___________ is an official court decision on the case.

5. ___________ are an official body whose job is to make sure that people obey the law, to catch

                        criminals, and to protect people and property.

6. ___________ is someone whose job is to advise people about laws, write formal documents

                         or represent people in court.

7. ___________ is a house or a room where all the information about the crime is given so that

                         it can be judged.

8. ___________ is a sum of money that you owe somebody.

9. ___________ is a formal statement that something is true, such as the one a witness makes in

                         court of law.

10. ___________ is money that has been lost by a business, a person or a government.

11. ___________ is legal means (documents) regulating relations between companies.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

5. Подберите подходящий по смыслу ответ из предложенных вариантов и обоснуйте свой выбор двумя - тремя предложениями. Начните свой ответ одним из следующих выражений.

Model:

    a) I quite agree with the statement that _______ because …

    b) Just what I think …. because …..

 

1. Relations between people are regulated by _________

a) government

b) prescriptive laws

c) people’s experience

d) customs and traditions

 

2. If we always break the rules, other members of society may _______

a) refuse to have anything to do with us

b) carry precise penalties

c) use a system of courts

d) consult the police

 

3. When governments make laws for their citizens ________

a) they use the power of the police to enforce them

b) they use justice

c) they observe public opinion

d) they try to implement common sense.

 

Озаглавьте текст.

UNIT 4. LEGAL PROFESSIONS

LANGUAGE IN USE

 

 

юридический ~ person – юридическое лицо ~ profession – профессия юриста ~ advisor - юрисконсульт ~ ethics - профессиональная этика юриста ~ department – юридический отдел  ~ language – юридический язык, язык юристов ~ aid - бесплатная юридическая помощь малоимушим

правовой ~ document – правовой документ ~ obligation – правовое обязательство ~ system –   система права

 

 

	законный ~ government – законное правительство ~ foundation – законное основание ~ owner – законный владелец

TEXT 3

LEGAL PROFESSIONS

A lawyeris a person learned in the law. A lawyer, also known as an attorney, a counselor, a solicitor, a barrister or an advocate, is an individual licensed by the state to engage in the practice of law and advise clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients.

The role of the lawyer varies significantly across legal jurisdictions, and therefore can be treated in only the most general terms. Lawyers’ roles vary greatly, depending upon their practice environment and field of specialization.

In most countries there is only one legal profession. This means that all the lawyers have roughly the same professional education leading to the same legal qualifications, and they are permitted to do all the legal work.

In England the system is different. Here the profession is divided into two types of lawyers, called solicitors and barristers. Solicitors and barristers are both qualified lawyers, but they have different legal training; they take different examinations to qualify; and once they have qualified, they usually do different types of legal work.

Many solicitors deal with a range of legal work: preparing cases to be tried in the civil or criminal courts; giving legal advice in the field of business and drawing up contracts; making all the legal arrangements for the buying and selling of land or houses; assisting employees and employers; making wills.

Barristers are mainly “courtroom lawyers” who actually conduct cases in court. Unlike solicitors, they have rights of audience (rights to appear) in any court of the land, and so barristers are those lawyers who appear in the more difficult cases in the higher courts.

The educational requirements to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college. Law students in those countries pursue a Bachelor (LLB) or a Master (LLM) of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Besides it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes. In other countries, particularly the United States, law is primarily taught at law schools. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and some in Canada and elsewhere) award graduating students a J.D. (Jurist Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. However, like other professional doctorates, the J.D. is not the exact equivalent of the Doctor of Philosophy (Ph.D.), a university degree of the highest level, since it does not require the submission of a full dissertation based on original research.

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. Many others have only lectures on highly abstract legal doctrines, which force young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job).

In most common law countries lawyers have many options over the course of their careers. Besides private practice, they can always aspire to becoming a prosecutor, government counsel, corporate in-house counsel, judge, arbitrator, law professor, or politician.

In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained.

CAN YOU BE A LAWYER?

Do you love to argue?

Please answer this question.

o Yes.

o Not really.

UNIT 5. LEGAL SKILLS

LANGUAGE IN USE

Повторение грамматики: степени сравнения прилагательных и наречий

 

1. Прочитайте прилагательные: а) в положительной степени б) в сравнительной степени в) в превосходной степени. Сформулируйте основное правило образования степеней сравнения прилагательных и наречий в английском языке.

many, more, the most, wise, wiser, the wisest, competitive, more competitive, the most competitive, clear, clearer, the clearest, concise, more concise, the most concise, bad, worse, the worst, simple, simpler, the simplest, complex, more complex, the most complex, little, less, the lest (least), persuasive, more persuasive, the most persuasive, good, better, the best, efficient, more efficient, the most efficient, far, farther (further), the farthest (furthest), effective, more effective, the most effective.

 

 

TEXT 5

TOP TEN LEGAL SKILLS

While legal positions vary greatly in scope and responsibility, there are several core legal skills that are required in most legal functions. If you are considering a career in the law, it is wise to polish these top ten legal skills to excel in today’s competitive legal market.

Oral Communication

Language is one of the most fundamental tools of the legal professional. Legal professionals must:

· Convey information in a clear, concise, and logical manner.

· Communicate persuasively.

· Advocate a position or a cause.

· Master legal terminology.

· Develop keen listening skills.

2. Written Communication. From writing simple correspondence to drafting complex legal documents, writing is an integral function of nearly every legal position. Legal professionals must:

· Master the stylistic and mechanical aspects of writing.

· Master the fundamentals of grammar.

· Learn how to write organized, concise and persuasive prose.

· Draft effective legal documents such as motions, briefs, memos, resolutions and              

· legal agreements.

3. Client Service. In the client-focused legal industry, serving the client honestly, capably and responsibly is crucial to success.

4. Analytical and Logical Reasoning. Legal professionals must learn to review and assimilate large volumes of complex information in an efficient and effective manner. Legal analytical and logical reasoning skills include: reviewing complex written documents, drawing inferences and making connections among legal authorities; developing logical thinking, organization and problem-solving abilities; structuring and evaluating arguments; using inductive and deductive reasoning to draw inferences and reach conclusions.

5. Legal Research. Researching legal concepts, case law, judicial opinions, statutes, regulations and other information is an important legal skill.

6. Technology. Technology is changing the legal landscape and is an integral part of every legal function. To remain effective in their jobs, legal professionals must master communications technology including e-mails, voice messaging systems, videoconferencing and related technology.

7. Knowledge of Substantive Law and Legal Procedure. All legal professionals, even those at the bottom of the legal career chain, must have basic knowledge of substantive law and legal procedure.

8. Time Management. In a profession based on a business model (billable hours) that ties productivity to financial gain, legal professionals are under constant pressure to bill time and manage large workloads.

9. Organization. In order to manage large volumes of data and documents, legal professionals must develop top-notch organizational skills.

10. Teamwork. Legal professionals do not work in a vacuum. Even solo practitioners must rely on secretaries and support staff and team up with co-counsels, experts to deliver legal services.

 

B: Why do think so?

EDUCATION

University of State, College of Law, Springfield, CA

Candidate for Juris Doctor, May 2010

Oral Advocacy Award, Spring 2008

State University, College of Arts and Sciences, Los Angeles, CA

Bachelor of Arts, American Government (Honors), May 2006

Parliamentary Debate Team (2002-2004)

WORK EXPERIENCE

Honorable Judge Johnson, U.S. Court of Appeals, Fall 2008. Externship was comprised of researching and writing memos, draft opinions and draft orders.

Thomas & Smith, P.A., Summer Associate, Phoenix, AZ, Summer 2008
Researched and wrote memoranda and motions for commercial (trade secrets), criminal defense (racketeering) and pro bono (Constitutional standards for conditions of confinement) matters.

UNIT 6

APPLYING FOR A JOB

1. Работа в парах. Прочитайте и обсудите с партнером последовательность действий, которые необходимо совершить в поисках работы. Внимательно познакомившись с рекомендациями, а) поговорите по телефону с работодателем; б) проведите беседу с работодателем в офисе.

Write a resume. Even if the particular job you're looking for has an application process where a resume isn't necessary, the process of writing a resume can help sort your thoughts and prepare you for an interview. Having a written record of your work history makes filling out an application much easier, too. Tailor the resume to the type of job for which you are applying, emphasizing related skills and coursework.

Call the employer. Ask about the application process: "Good morning. My name is John Doe. I was wondering if you had any positions open and, if so, how I could apply." You will usually have your call routed to the hiring or human resources manager. If they have any openings, they'll either ask you to come in and fill out an application, or they'll ask you to send a resume and cover letter by mail or e-mail, in which case you should inquire "To whom should the letter be addressed?" They will give you their full name - write it down and ask them to spell it out if necessary.

Write a cover letter if it's a part of the application process. Make sure it is specific to the job, with the company name and address and, if possible, the name of the person who will be receiving it.

Ask two or three friends or family members to read over your resume and cover letter for typos. It's often difficult to see our own mistakes.

Apply.

· Visit the employer to fill out your application form. It's usually best to go in the mid-morning, when they're not too busy, but before the day has worn them out. Ask to speak to the hiring manager and try to hand the form to him personally: "Hi, we spoke on the phone yesterday about the (job title) position. Here's my application. Let me know if you need anything else!" This will give the employer a chance to see you (so present yourself well) and put a face to a name.

· Send your cover letter and resume as instructed.

1. 6

Follow up.

· If you filled out an application but the hiring manager wasn't there at the time, call three days later, ask to speak to the manager, and confirm that the application was received: "Hello, this is (your name). I filled out an application on (day you came in) and I just wanted to confirm that it was received."

· If you sent a cover letter and resume by mail, call a week later to confirm their receipt. If you sent them by e-mail, call the day after.

Tips

· Always thank the employer for their time and consideration.

· Thank the manager.

· Follow up with a phone call.

· Always be honest when filling out a job application online.

Заполните типовую анкету для тех, кто ищет работу в США. Обратите особое внимание на то, что в анкетах на английском языке информация о соискателе дается в иной последовательности, нежели в анкетах, которые заполняются в России.

SAMPLE JOB APPLICATION FORM

Many employers require all applicants, regardless of the job they apply for, to complete a job application form. This way the employer will have consistent data on file for all prospective applicants.

Instructions: Print clearly in black or blue ink. Answer all questions. Sign and date the form.

PERSONAL INFORMATION:

First Name _____________________________

Middle Name ___________________________

Last Name _____________________________

Street Address

_______________________________________________________

City, State, Zip Code

_______________________________________________________

Phone Number

(___)___________________________________

Are you eligible to work in the United States?

Yes _______ No_______

If you are under age 18, do you have an employment/age certificate?

Yes ___ No ___

Have you been convicted of or pleaded no contest to a felony within the last five years?

Yes_______ No_______

If yes, please explain: _________________________________________

__________________________________________________________

POSITION/AVAILABILITY:

Position Applied For

________________________________________

EDUCATION:

Name and Address Of School - Degree/Diploma - Graduation Date

_________________________________________________________________

_________________________________________________________________

Skills and Qualifications: Licenses, Skills, Training, Awards

_____________________________________________________________

_____________________________________________________________

EMPLOYMENT HISTORY:

Present Or Last Position:

Employer: _____________________________________________________

Address:______________________________________________________

Supervisor: ____________________________________________________

Phone: _______________________________

Email: ________________________________

Position Title: _________________________

From: ______________ To: ______________

Responsibilities: ____________________________________________________

__________________________________________________________

Salary: _______________

Reason for Leaving: ____________________________________________

References:

Name/Title Address Phone

_________________________________________________________________

_________________________________________________________________

I certify that information contained in this application is true and complete. I understand that false information may be grounds for not hiring me or for immediate termination of employment at any point in the future if I am hired. I authorize the verification of any or all information listed above.

 

Signature______________________________

Date__________________________________

 

3. Самостоятельная работа. Заполнив анкету, продумайте ответы на вопросы, которые обычно задают соискателю на собеседовании.

 

POTENTIAL INTERVIEW QUESTIONS

Technically, not every item is a question; some are statements; but all are intended to prompt you for a response.

Better questions are not those that can be answered with a "yes" or "no," but are open-ended questions that invite thoughtful response. Even if you are asked a question that can be answered with a "yes" or "no," (e.g. "Are you comfortable with the amount of travel this job involves?"), you can certainly add a word of explanation to back up your answer (e.g., "Yes. I actually look forward to the opportunity to travel and to work with the staff members in some of the other offices).

Best questions are those that ask you how you behaved in the past, because past behavior is the best predictor of future behavior.

Not every interviewer will ask you every one of these questions. However, if you are prepared to address these questions, you will leave the impression that you were prepared for your job interview, even if additional questions take you by surprise.

 

• What are your long-range goals and objectives for the next seven to ten years?

• What are your short-range goals and objectives for the next one to three years?

• How do you plan to achieve your career goals?

• What are the most important rewards you expect in your career?

• Why did you choose the career for which you are preparing?

• What are your strengths, weaknesses, and interests?

• How do you think a friend or professor who knows you well would describe you?

• Describe a situation in which you had to work with a difficult person (another student, co-

worker, customer, supervisor, etc.). How did you handle the situation?

• How do you determine or evaluate success?

• In what ways do you think you can make a contribution to our organization?

• Describe a contribution you have made to a project on which you worked.

• What qualities should a successful lawyer possess?

• Was there an occasion when you disagreed with a supervisor's decision or company policy?  

Describe how you handled the situation.

• What two or three accomplishments have given you the most satisfaction? Why?

• Describe your most rewarding college experience.

• Why did you select your college or university?

• What led you to choose your major or field of study?

• What college subjects did you like best? Why?

• What college subjects did you like least? Why?

• If you could do so, how would you plan your academic studies differently?

• Do you think your grades are a good indication of your academic achievement?

• What have you learned from participation in extracurricular activities?

• In what kind of work environment are you most comfortable?

• How do you work under pressure?

• Describe a situation in which you worked as part of a team. What role did you take on? What

went well and what didn't?

• In what part-time  or summer jobs have you been most interested? Why?

• How would you describe the ideal job for you following graduation?

• Why did you decide to seek a position with our organization?

• What two or three things would be most important to you in your job?

• What criteria are you using to evaluate the organization for which you hope to work?

• Are you comfortable with the amount of travel this job requires?

• Are you willing to spend at least six months as a trainee?

 

What the interview is looking for:

Interviewer says: Tell me about yourself.

Remember, this is a job interview, not a psychological or personal interview. The interviewer is interested in the information about you that relates to your qualifications for employment, such as education, work experiences and extracurricular activities.

Interviewer says: What do you expect to be doing five years from now? Ten years from now?

The interviewer is looking for evidence of career goals and ambitions rather than minutely specific descriptions. The interviewer wants to see your thought process and the criteria that are important to you. The interviewer is not looking for information about your personal life.

Interviewer says: Why should I hire you?

Stress what you have to offer the employer as relates to the position for which you are interviewing, not how nice it would be to work there or what you want from the employer. Remember that you are being compared to other candidates, and in fact more than one candidate might be a very good employee. Deliver to the employer reasons to see that you are a good fit (show you know yourself, know the field/industry, know the organization, and know the position).

Interviewer says: What are your ideas about salary?

Research salaries in your field before your interviews so that you know the current salary range for the type of position you are seeking.

Interviewer says: Why do you want to work for our company/organization?

Not having an answer is a good way to get crossed off the candidate list, and is a common pet peeve of interviewers. Research the employer before your interview; attempt to find out about the organization's products, locations, clients, philosophy, goals, previous growth record and growth plans, how they value employees and customers, etc.

Unfortunately it's very common for job-seekers to directly state, "I really want to work for your company/agency/organization/firm," but then to be unable to answer the question "why?" Without the answer to "why?" the initial statement becomes meaningless.

РОЛЕВАЯ ИГРА.

Группа делится на подгруппы, состоящие из четырех человек. Один студент из подгруппы будет исполнять роль «Работодателя», трое других – «Соискателей на должность юрисконсульта компании». Работодатель должен выбрать самого достойного на эту должность, для этого он должен заранее продумать, какие вопросы он задаст каждому из соискателей, как будет оценивать их, в соответствии с рекомендациями, данными выше. Соискатели тоже должны хорошо подготовиться к собеседованию, придти с написанными заранее заявлениями (анкетами), просмотреть вопросы, которые обычно задают на собеседовании, и подготовить свои ответы на них (Potential Interview Questions). Работодатель начинает:

(Opening) “Good morning Mr (Ms) (X, Y, Z). I have got your application form and I would like to ask you a few questions about yourself.”

(Closing) Thank you very much, Mr (Ms) (X, Y, Z). I‘ll make my decision and contact you in the near future. Goodbye.

После того, как соискатели пройдут собеседование, Работодатель должен оценить каждого из претендентов по предложенной ниже шкале оценок, написать краткую характеристику каждого из соискателей и огласить свое решение о том, кто из них и почему будет принят на работу.

 

MR (MS) X	GRADES
QUALIFICATIONS	1 2 3 4 5 6 7 8 9 10
LEGAL SKILLS	1 2 3 4 5 6 7 8 9 10
APPROPRIATED EXPERIENCE	1 2 3 4 5 6 7 8 9 10
PERSONALITY	1 2 3 4 5 6 7 8 9 10
OVERALL GRADE	1 2 3 4 5 6 7 8 9 10

                                                                       Note: 1 = not at all suitable; 10 = very suitable

GLOSSARY

Degree - ученая степень

Bachelor’s degree – степень бакалавра

Master’s degree – степень магистра

law degree – степень в области юриспруденции

to earn a degree – заработать степень

to pursue a degree – стремиться получить ученую степень

5. draft – составлять план, проект, черновой набросок

to draft documents – составлять документы

to draft a motion – составлять ходатайство

to draft an agreement – составлять соглашение (договор)

Law – закон, право

natural law –естественное право

prescriptive laws –предписывающие законы, основанные на праве давности или обычая

substantive law- материальное право

to amend the law – вносить поправки в закон

to apply laws – применять законы

to be against the law – быть противозаконным

to break laws – нарушать законы

to enforce laws – обеспечить (принудительно) исполнение закона

to lay down the law- a) устанавливать правовые нормы, формулировать закон;

                       б) говорить безапелляционным тоном, не допускать возражений

to make laws – издавать, принимать законы

to obey laws – соблюдать законы

to repeal laws – отменять законы

to study law – изучать право

law and order – правопорядок

Legislation in Russia

Under the doctrine of the separation of powers legislation is regarded as one of the three main functions of government. Those who have the formal power to create legislation are known as legislators. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.

The Federal Assembly of Russia is the law-making body of the Russian Federation, according to the Constitution of Russian Federation, 1993. It consists of the State Duma, which is the lower house, and the Federation Council, which is the upper house. Both houses are located in Moscow.

The State Duma has special powers enumerated by the Constitution of Russia. They are:

• consent to the appointment of the Prime Minister of Russia;
• hearing annual reports from the Government of the Russian Federation on the results of its work, including on issues raised by the State Duma;
• deciding the issue of confidence in the Government of the Russian Federation;
• appointment and dismissal of the Chairman of the Central Bank of Russia;
• appointment and dismissal of the Chairman and half of the auditors of the Accounts Chamber;
• appointment and dismissal of the Commissioner for Human Rights, who shall act according to federal constitutional law;
• announcement of amnesty;
• bringing charges against the President of the Russian Federation for his impeachment (requires a two thirds majority);

The State Duma adopts decrees on issues referred to its authority by the Constitution of the Russian Federation. Decrees of the State Duma are adopted by a majority of the total number of deputies of the State Duma.

The Council is charged in cooperating with the State Duma in completing and voting on draft laws. Special powers of the Federation Council are:

• Approval of changes in borders between subjects of the Russian Federation;
• Approval of a decree of the President of the Russian Federation on the introduction of martial law;
• Approval of a decree of the President of the Russian Federation on the introduction of a state of emergency;
• Deciding on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
• Declaring of elections of the President of the Russian Federation;
• Impeachment of the President of the Russian Federation;
• approving the President's nomination of judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of the Higher Arbitration Court of the Russian Federation;
• approving the President's nomination of the Attorney General of the Russian Federation;
• Appointment of Deputy Chairman and half of the auditors of the Accounting Chamber.

To pass the law more than half of senators of the Federation Council must vote for it. When considering federal constitutional laws, three-fourths of the Council’s votes are required for passage.

All bills must first be considered by the State Duma. Upon adoption by a majority of the full State Duma membership, a draft law is considered by the Federation Council, which has fourteen days to place the bill on its calendar. The Federation Council cannot make amendments in bills passed by the Duma and can either approve or reject them. If the Federation Council rejects a bill passed by the State Duma, the two chambers may form a conciliation commission to work out a compromise version of the legislation. If two chambers cannot reach a compromise, or the Duma insists on passing the bill as is, the veto of the Federation Council can be overridden, if two thirds of the Duma's constitutional composition vote in favor of the bill. The State Duma and the Federation Council usually meet separately. Joint sessions are organized when the President of Russia delivers his annual address to the Federal Assembly and in some other very rare occasions.

 

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LANGUAGE IN USE

9. Замените глагольные формы в активном залоге в предложениях на пассивные, как указано в примерах и дайте их русские эквиваленты.

Examples:

 

       MODEL 1 The constitution defines the federative structure of the Russian Federation.

                              The federative structure of the Russian Federation is defined in the

                               Constitution.

       MODEL 2 The constitution defined the federative structure of the Russian Federation.

                              The federative structure of the Russian Federation was defined in the

                               Constitution. (several years ago, yesterday, two days ago, the day before

                               yesterday).

       MODEL 3 The constitution will define the federative structure of the Russian

                               Federation.

                          The federative structure of the Russian Federation will be defined in the

                              Constitution (one of these days, tomorrow, in a week, in several months).

1. The Constitution of the Russian Federation defines the rights and freedoms of a human and a citizen.
2. The Constitution defined the Russian Federation as a secular state in 1993.
3. The Constitution contains the text of the oath taken by the President of the Russian Federation.
4. The Constitution determines the extent of the jurisdiction of the Russian Government.
5. The Constitution established the principles of independence, irremovability and immunity of judges when it was adopted.
6. The Constitution will regulate the questions of local self-government in a year.
7. Part 2 of the Constitution includes Transitional and Final provisions.

 

10. Соотнесите слова из правой колонки с их определениями из левой колонки.