The System of Government of the United Kingdom

1. The United Kingdom is a constitutional monarchy, which means that the powers of the monarch are limited by the country's constitution. The British constitution, unlike that of most other countries, is an unwritten constitution, not being contained in any single legal document. It is formed partly by statute law (Acts of Parliament) and important documents (such as Magna Carta), partly by common law (a series of laws dating back to the Middle Ages), and partly by customs and conventions and can be altered by a simple Act of Parliament like any other law. The constitution thus is constantly changing in response to the interpretation of laws in the courts and the introduction of new Acts of Parliament. In theory the Constitution safeguards the separation of powers between the legislature, the executive and the judiciary.

2. The legislature, which consists of both Houses of Parliament and formally the monarch, is the supreme authority, the supreme law-making body. Members of the House of Commons are elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. The Prime Minister, or leader of the Government, is also an MP, usually the leader of the political party with the majority in the House of Commons. Members of the House of Lords (peers) are not elected. About 70 per cent of them are ‘hereditary peers’ because their fathers were peers before them. The other 30 per cent are ‘life peers’, whose titles are not passed on to their children. They are officially appointed by the Queen, on the advice of the Government, for various services to the nation. Functions of Parliament are the following: making laws; providing money for government, through taxation; examining government policy; administration and spending; debating political questions.

3. The executive consists of the government Cabinet and government ministries, (or departments) headed by ministers (or secretaries of state). Since the 18^th century the cabinet has been increasingly responsible for deciding policies and controlling and coordinating government administration. It meets in private and its discussions are secrete. When policy has been decided, an individual minister must either support it or resign, because the Cabinet acts as one body with ‘collective responsibility’. The prime Minister has considerable individual power to introduce and control policies, and to change the Cabinet by appointing new ministers, sacking old ones, or ‘reshuffling’ the Cabinet by moving its members to other Cabinet posts. The government is responsible for putting laws into effect and directing national policy and acts formally in the name of the monarch.

4. The judiciary is composed mainly of the judges of the higher courts, who determine the common law and interpret Acts of Parliament and decide on cases arising out of the laws. The judiciary is supposed to be independent of the legislative and executive branches of government.

5. The organs of government are clearly distinguishable, although their functions often intermingle and overlap. The monarch is formally the head of the executive, the legislature and the judiciary. A member of Parliament (MP) in the House of Commons and a member of the House of Lords may both be in the government of the day. A Law Lord in the House of Lords also serves the House of Lords as the highest appeal court.

 

№ 9. Выпишите из текста английские эквиваленты следующих слов и выражений: полномочия, юридический документ, обычай, законодательная ветвь власти, исполнительная ветвь власти, судебная ветвь власти, высший законодательный орган, избирать, назначать, избирательный округ, член парламента, наследственный пэр, быть ответственным (отвечать), апелляционный суд.

№ 10. Найдите и выпишите из текста 2 предложения, содержащие инфинитив. Определите формы и функции инфинитива. Переведите предложения на русский язык.

№ 11. Найдите и выпишите из текста 2 предложения, содержащие причастие. Определите формы и функции причастия. Переведите предложения на русский язык.

№ 12. Найдите и выпишите из текста 2 предложения, содержащие герундий. Определите формы и функции герундия. Переведите предложения на русский язык.

№ 13. Абзацы 1, 2, 3 переведите письменно.

Контрольное задание № 2

 

Вариант 1

I

№ 1. Переведите предложения, определите функции слова one:

1. Read one of these articles. 2. One must know Russian laws. 3. The new law radically differs from the old one. 4. One should begin investigating each case with the thought that everything will have to be proved. 5. This article is difficult, take another one. 6. There are many branches of law and labour law is one of them.

 

№ 2. Переведите предложения, укажите функцию слов that, those:

1. The simplest type of international tribunal is that which consists of
a single member. 2. Judgments and sentences excluding those passed by the Supreme Court may be appealed against in a court of higher instance. 3. Each state (штат) has its own system of courts similar to that of the
Federal courts. 4. The victory of our state in the Great Patriotic war was not only that of its army but also the victory of the whole people. 5. A just war is one that is fought against aggressors. 6. That law was adopted in 1969.

 

№ 3. Переведите предложения, обращая внимание на бессоюзное подчинение; определите тип бессоюзных придаточных:

1. We know he will come tomorrow. 2. The article we translated yesterday was very interesting. 3. We know just and lasting peace everybody needs will not come of itself, it must be gained by all progressive people. 4. You know there are no social groups interested in war. 5. Certain discretionary powers the monarch has are known as the Royal Prerogative.

 

№ 4. Прочтите текст.

 

Criminal Law

 

1. Crime is categorized as a part of public law – the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state.

2. In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, and for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as «common law crimes», are still described mostly in case law.

3. There are usually two important elements to a crime: (I) the criminal act itself; and (II) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (I) Actus Reus and (II) Mens Rea. If the prosecution fails to prove either actus or mens, the court must decide there was no crime and the case is over.

4. But even if actus and mens have been proved, a defendant may still avoid guilt if he can show he has a defense – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allows the defense of duress – being forced to commit a crime because of threats that you or someone else will be harmed if you don’t. Another defense is that of insanity. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof.

5. Nearly every system of law recognizes the defense of self-defense. In English law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was reasonable to protect himself in the circumstances.

6. Most criminal laws in the world refer to acts of violence or theft. Sometimes governments create new crimes by identifying a form of behavior and passing a new law to deal with it. In most industrialized countries existing theft laws were not adequate to deal with computer crimes where complex kinds of information are stolen, altered or used to deceive others, and, thus, new laws have been passed.

7. Technical change is one reason criminal law is one of the fastest growing areas of the law. Another reason is that the number of crimes committed in some countries seem to be increasing rapidly – although sometimes it is not clear whether people are breaking the law more, being caught more, or reporting other people’s crimes more. One more reason is that different societies – or perhaps it is different governments – continually review their ideas of what should and shouldn’t be considered crime. Homosexual acts and suicide were once crimes in all European countries, but have now mostly been decriminalized. On the other hand, discrimination against someone on the grounds of race or sex was not acknowledged as a crime until relatively recently, and is still not recognized in some countries.

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: преступление; совершить преступление; доказательство; невиновность; намерение совершить преступление; виновный в совершении преступления; доказать вину; обвинение (сторона в судебном процессе); подозреваемый; ответчик; смягчающее вину обстоятельство; физическое принуждение; невменяемость; насильственное деяние; нарушать закон.

№ 6. Переведите письменно 2, 3, 4 абзацы.

 

 

II

№ 7. Употребите инфинитив с частицей to или без нее. Переведите предложения на русский язык.

1. I felt the house (to shake) with the explosion.

2. The policeman let the suspect (to make) one phone call.,

3. It is up to you (to learn) the laws of your own country.

4. The kidnappers told the parents (not to inform) the police and the parents didn't dare (to disobey).

5. He was made (to do) this work independently.

 

№ 8. Переведите предложения на русский язык, обращая внимание на объектный и субъектный инфинитивные обороты.

1. They are supposed to know the principle of lawon which the decision is based.

2. She is said to have once been a famous lawyer.

3. How can you expect anyone to think well of us when such things are written about us?

4. She appears to know everything about the English legal system.

5. After a ten-minute wait I watched the train pull out.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 2-й абзац текста.

1. Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactments; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to be reviewed by that Court.

2. Cases involving the federal Constitution, federal laws, or treaties may be brought to either the state courts or the federal courts. Ordinary civil suits not involving any of these elements can be brought only to the state courts, except in cases of diversity of citizenship between the parties, when the suit may be brought to a federal court. By act of Congress, however, suits involving federal questions or diversity of citizenship may be brought to the federal courts only when the controversy involves $10,000 or more, so that all such cases involving a smaller amount must be brought to the state courts exclusively. In accordance with a congressional enactment, a suit brought to a state court that could have been brought to a federal court may be removed to the federal court at the option of the defendant.

3. County courts of general original jurisdiction exercise both law and equity jurisdictions in most of the states; a few states maintain the system of separate courts of law and equity inherited from the English judicial system. Most states also maintain separate criminal and civil courts of original jurisdiction. In some states, the same courts of original jurisdiction deal with both civil and criminal cases; these courts usually have two levels, one handling misdemeanors and civil claims under $5000, the other handling felonies and civil claims over $5000.

4. Between the lower courts and the supreme appellate courts, in a number of states, are intermediate appellate courts which, like the federal courts of appeals, provide speedier justice for litigants by disposing of a large number of cases that otherwise would be added to the overcrowded calendars of the higher courts.

5. Courts of last resort, the highest appellate tribunals of the states in criminal and civil cases and in law and equity, are generally called supreme courts. In New York state, however, the Supreme Court is a trial court, the highest appellate court of New York, as well as of Maryland, is called the Court of Appeals.

6. The state court systems also include a number of minor courts with limited jurisdiction. These courts dispose of minor offenses and relatively small civil actions. Included in this classification are police and municipal courts in cities and larger towns and the courts presided over by justices of the peace in rural areas.

7. The Supreme Court, free to draft its own agenda through the discretionary control of its docket, harmonizes conflicting interpretations of national law and articulates constitutional rights. The Supreme Court is helped at this crucial stage by the solicitor general, who represents the executive branch of government before the High Court. His influence with the justices affects their choice of cases to review.

№ 10. Выпишите из текста английские эквиваленты следующих слов ивыражений: действовать в соответствии с конституцией, предусмотренный законом, законодательный акт, гражданский иск, сторона (по делу), ответчик, уголовное (гражданское) дело, проступок, тяжкое преступление, иск, сторона в гражданском процессе, гражданский процесс.

№ 11. Прочитайте предложения. Переведите на русский язык предложения, содержание которых соответствует тексту.

1. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts.

2. In cases involving the federal Constitution or federal laws or treaties, the state courts usually make their own decisions and no other courts have the right to review these decisions.

3. Intermediate appellate courts provide speedier justice for litigants by disposing of a large number of cases that otherwise would be delayed by the higher courts.

4. The state court systems also include a number of minor courts, which are free to resolve a great number of cases.

5. The Supreme Court harmonizes conflicting interpretations of national law and articulates constitutional rights.

6. The solicitor general's influence with the justice affects the choice of cases to review.

 

№ 12. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танного текста. Вы можете использовать некоторые из следующих выражений: 1) The text deals with... 2) It is devoted to... 3)The main purpose of the text is... 4)The abstract is concerned with... (bears on...; gives explanation of...; is intended to demonstrate that...; is designed to pro­vide some information about...) 5) The subject of the paper under review... 6) It is pointed out that... 7) The author touches upon the problem of... 8) It is shown that... 9) It should be noted that... 10)... are described (given). 11) Special attention is given (paid) to... 12) The importance of... is stressed. 13) The author comes to a conclusion... 14) There is no doubt that...

 

Контрольное задание № 2

Вариант 2

I

№ 1. Переведите предложения, определите функции слова one:

1. One may say that the function of criminal law is punitive and
corrective. 2. Each district court has from one to eighteen Federal district judges, the number depends on the amount of work within the territory. 3. In a legal sense an eye-witness is one who saw or heard the commis­sion of the crime. 4. The British Constitutional system is one which has developed over centuries for the protection of its social order. 5. A court law is one which administers justice according to the principles and the forms of common law. 6. The USA Supreme Court consists of one Chief Justice and such number of associate Justices as may be fixed by Congress.

 

№ 2. Переведите предложения, укажите функцию слов that, those:

1. The problem that we discussed lately is of great international significance. 2. That problem was discussed at the previous conference. 3. The regional courts hear and determine cases that are similar in character to those tried by district courts but which are of a more serious nature. 4. The bodies of government in the United Kingdom are: those of the legislature, those of the executive and those of the judiciary. 5. That is the man that told me about it. 6. We want to have friendly relations with all governments and with that of the U.S. as well.

№ 3. Переведите предложения, обращая внимание на бессоюзное подчинение; определите тип бессоюзных придаточных:

1. He thought the trial would take place on Monday. 2. The work he did last week was very important. 3. The first thing he decided to do was let them know about that terrible crime. 4. He thought the hearing of the case had been postponed. 5. He was to bring me the book I asked for yesterday, but he didn't.

 

 

№ 4. Прочтите текст.

 

Torts

 

1. The concept of tort – a wrongful act among private individuals – exists in most modern systems of law. The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else’s goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes an individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortuous act.

2. There are other differences between torts and crimes. As for all civil actions, the standard of proof required is lower than in criminal prosecutions. And for many torts it is not necessary to show any particular mental element, so tort actions are often appropriate in the case of accidents.

3. Of course not every wrong committed in society is remediable in tort; the plaintiff has to show that he has suffered an action recognized as a tortuous one, and he must show that his relation to the tortfeaser (committer of the tort) gives him the legal capacity to sue. Nevertheless, the law of tort covers a wide area of wrongdoings.

4. The requirements of proof differ for each tort. Sometimes it is necessary to show a degree of carelessness, as in the tort of negligence. In others, a defendant may be liable even if he was not at fault, such as the strict liability tort where an animal you keep on your land manages to escape and cause damage. In some torts it is necessary for the plaintiff to show that he has suffered actual damage or injury, such as the tort of nuisance, whereas in others no harm need be shown.

5. Although some torts refer to specific kinds of wrongdoing, the tort of negligence is used in many different situations: when someone falls into a hole in the road, for example, or is given the wrong treatment by a hospital, or is injured by faulty machinery at work. The number of negligence actions is increasing all over the world, as is the amount of damages.

6. To win an action in negligence, a plaintiff must show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this. In English law a general principle has been developed that we owe a duty to people closely affected by our actions to avoid causing harm which we could reasonably have foreseen.

7. At one time cases were only actionable if personal injury or damage to property could be shown, but it is now possible to claim for financial loss connected to this. Indeed, a person may sue for economic loss alone if this resulted from a negligent false statement, as in the case of a garage owner whose business failed to make profits because the previous owner had not told him a new road being built would divert cars away from the garage. Damages are now awarded for the mental distress caused by an accident, as well as the physical suffering. And it may even be possible for a third party to sue after suffering nervous shock as the result of witnessing an accident.

 

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: гражданское правонарушение; противоправное деяние; возбудить гражданское дело; истец; ответчик; делинквент; спор; подлежать преследованию; предъявлять иск; возмещение ущерба; обязанность соблюдать осторожность; извлекать пользу; противоправное деяние, подлежащее рассмотрению в гражданском суде; жертва; доказательство.

№ 6. Переведите письменно 1, 2 абзацы.

 

II

№ 7. Употребите инфинитив с частицей to или без нее. Переведите предложения на русский язык.

1. Please let me (to know) your decision as soon as possible.

2. It's better (to be) sure than sorry.

3. He heard a cock (to crow) in a neighbouring village.

4. We know all bodies (to consist) of atoms.

5. He was made (to sign) a paper admitting his guilt.

 

№ 8. Переведите предложения на русский язык, обращая внимание на объектный и субъектный инфинитивные обороты.

1. She saw two men start towards her from opposite sides.

2. The minister was reported to have made a speech at Cairo airport.

3. Judges in the lower courts are known to follow the decisions of judges in the higher courts.

4. The inspector ordered the prisoner to be questioned.

5. He never wants anyone to carry anything.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 5-й абзац текста.

1. The guilt or innocence of persons charged with an offense against the criminal law is a matter to be decided in a court of justice. There are two methods of trying persons accused of criminal offences. One is by judge and jury in the Crown Court after committal for trial on an indictment; the other is summarily by a magistrates' court without a jury. With very few exceptions, all criminal proceedings in the Crown Court begin in a magistrates' court since an accused in the Crown Court must normally have been committed for trial there by a magistrates' court.

2. A magistrates' court is normally composed of two or more justices of the peace, but the number must not exceed seven. Some statutes permit particular offences to be tried by a single justice but such instances are rare. The normal sittings of a magistrates' court take place in a properly appointed courthouse on appointed days of the week.

3. In England and Wales the initial decision to begin criminal proceedings normally lies with the police. Once the police have brought a criminal charge, the papers are passed to the Crown Prosecution Service which decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued. In Scotland public prosecutors (procurators fiscal) decide whether or not to bring proceedings. In Northern Ireland there is a Director of Public Prosecutions. In England and Wales (and exceptionally in Scotland) a private person may institute criminal proceedings. Police may issue cautions,
nd in Scotland the procurator fiscal may warn, instead of prosecuting.

4. In April 1988 the Serious Fraud Office, a government department was established to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.

5. The Crown Prosecution Service was established in England and Wales by the Prosecution of Offenses Act 1985. The Director of Public Prosecutions is the head of the Service, which is responsible for the prosecution of criminal offences in magistrates' courts and the Crown Court. The Service is divided into 31 areas with a locally based Chief Crown Prosecutor, heading each. He is appointed by the Director of Public Prosecutions. The Service provides lawyers to prosecute cases in the magistrates' courts and briefs barristers to appear in the Crown Court. Although the decision to prosecute is generally delegated to the Chief Crown Prosecutors, some cases are dealt with by the head-quarters of the Service; these include cases of national importance, exceptional difficulty or great public concern and those, which require that suggestions of local influence be avoided. Such cases might include terror­ist offenses, breaches of the Official Secrets Act, large- scale conspiracies to import drugs and the prosecution of police officers.

6. Discharging his duties through the Crown Office, the Lord Advocate is responsible for prosecutions in the High Court of Justiciary, sheriff courts and district courts in Scotland. There is no general right of private prosecution; with a few minor exceptions crimes and offenses may be prosecuted only by the Lord Advocate or his deputies or by the procurators fiscal, who are the Lord Advocate's local officials. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent, who is head of the procurator fiscal service and is assisted in the Crown Office by a staff of legally qualified civil servants, all of whom have had experience as deputy procurators fiscal, prosecutions in the High Court are prepared by procurators fiscal and Crown Office officials and prosecuted by the Lord Advocate, Solicitor-General for Scotland (the Lord Advocate's ministerial deputy) and advocate deputies who are collectively known as Crown Counsel. Crimes prepared and tried before the sheriff and district courts, procurators fiscal prosecute them. The police and other law enforcement agencies investigate crimes and offenses and report to the procurator fiscal, who decides whether or not to prosecute subject to the directions of Crown Counsel.

 

№ 10. Выпишите из текста английские эквиваленты следующих слов и выражений: вина, невиновность, предъявлять обвинение, уголовное преступление, рассматривать в суде, обвиняемый, обвинительный акт, уголовное судебное разбирательство, обвинение (сторона уголовного процесса), нарушение закона, расследовать, гражданский служащий.

 

№ 11. Прочитайте предложения. Переведите на русский язык предложения, содержание которых соответствует тексту.

1. There is a great number of methods of trying persons accused of criminal offences.

2. Mostly all criminal proceedings in the Crown Court begin in a magistrates' court since an accused in the Crown Court must normally have been committed for trial there by a magistrates' court.

3. The normal sittings of a magistrates' court take place in a properly appointed court-use on appointed days of the week.

4. In England and Wales the initial decision to begin criminal proceedings normally lies with the court of justice.

5. There is a general right in Scotland of private prosecution; crimes and offenses may prosecuted in any court of justice.

6. In England, Wales and Scotland a private person may institute criminal proceedings.

№ 12. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танного текста. Вы можете использовать некоторые из следующих выражений: 1) The text deals with... 2) It is devoted to... 3)The main purpose of the text is... 4)The abstract is concerned with... (bears on...; gives explanation of...; is intended to demonstrate that...; is designed to pro­vide some information about...) 5) The subject of the paper under review... 6) It is pointed out that... 7) The author touches upon the problem of... 8) It is shown that... 9) It should be noted that... 10)... are described (given). 11) Special attention is given (paid) to... 12) The importance of... is stressed. 13) The author comes to a conclusion... 14) There is no doubt that...

 

 

Контрольное задание № 2

Вариант 3

I

 

№ 1. Переведите предложения, определите функции слова one:

1. In the English legal system a practicing lawyer must hold one of
two professions. 2. One must remember that a juror should keep an open eye all through the trial. 3. One must take into account that the young man accused of stealing a watch will be tried by a Juvenile Court. 4. A court of equity is one which administers justice according to the rules and principles of equity. 5. A court of appellate jurisdiction is one which reviews cases removed by appeal from a lower court. 6. One of the distinctive features of the American system of Government is the power of judicial review, which enables the federal courts to rule on the constitutionality of legislative & executive acts.

 

№ 2. Переведите предложения, укажите функцию слов that, those:

1. The bodies of government in the United Kingdom are: those of the legislature, those of the executive and those of the judiciary. 2. That is the man that told me about it. 3. In our country only those juveniles whose antisocial behaviour becomes dangerous are deprived of freedom. 4. The population of India is greater than that of Japan. 5. Investigation in England is somewhat different from that in Russia and indeed from that of the rest of Europe.

 

№ 3. Переведите предложения, обращая внимание на бессоюзное подчинение; определите тип бессоюзных придаточных:

1.You haven't told us anything about the decision the court passed yesterday. 2. The President approved the new law the Parliament had adopted. 3. This article is directly related to the information we are looking for. 4. We think he will never drive in excess of the speed limit. 5. We know the job of a juror is to listen to evidence and to decide upon guilt or innocence of the accused.

 

№ 4. Прочтите текст.

 

Constitutional Law

 

1. A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced.

2. One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. As a check upon over powerful government most modern constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu.

3. Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law (judicial).To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.

4. As well as defining the powers of government, most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs.

5. Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the king or queen must approve any legislation passed by parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens rights would be better guaranteed by a written constitution, or at least a bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the constitution since all that is needed is a new statute or even a change in traditional procedure. Others argue that the flexibility of an unwritten constitution is a good thing, that the lack of a written constitution has not stood in the way of a long tradition of individual liberty in Britain, and that many countries with constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.

6. It can be difficult to compare the legal freedoms of countries with different cultures and economic levels, but some comparison is possible since many countries have similar constitutional provisions and claim similar aims. We can, for example, consider how effective the provision of separation of powers is. Ferdinand Marcos provides a typical case of over centralized power; he came to power with wide popular support and many reforming ideas but steadily reduced the rights of Philippine citizens and his family took over most of the executive, legislative and judicial functions of the state.

7. We can also consider the right of citizens to say and write what they want and to take part in public meetings and demonstrations. In Britain, the 1986 Public Order Act requires advance notice of peaceful protests, even if they do not obstruct other people in any way. In addition, the police may order the protesters to move or break up if they anticipate serious disruption of community life. These laws are more restrictive than those in most European countries.

8. Another area to consider is the ease with which an individual may obtain restitution for a wrong a public body has committed against him. In English law, the principle of judicial review enables a court to overturn a decision made by a government ministry that acted illegally or irrationally or beyond its authorized powers.

 

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: принцип разделения полномочий; принцип судебного контроля; исполнительный; законодательный; судебный; выполнять; соответствовать Конституции; конституционные права граждан; объявлять неконституционным (о законе); постановление; законодательный акт.

№ 6. Переведите письменно 1, 2, 3 абзацы.

 

II

 

№ 7. Употребите инфинитив с частицей to или без нее. Переведите предложении на русский язык.

1. I heard the door (to open) and saw a shadow (to move) across the floor.

2. It is better (to put) your money in a bank than (to keep) it under your bed in an old stocking..

3. You may as well (to tell) us the truth. It will be easy (to check) your story.

4. Hе tried (to make) me (to believe) that he was not guilty.

5. I was afraid (to pick) up the revolver as I don't know how (to handle) firearms.

 

№ 8. Переведите предложения на русский язык, обращая внимание на объектный и субъектный инфинитивные обороты.

1. Her cousin was believed to have been living in Sweden since the end of World War I

2. His father ordered some water to be put on the stove.

3. Mr. Smith is said to have studied Danish and Dutch in his childhood.

4. Which do you wish your son to do, to go into business or to become a lawyer?

5. Her smile was friendly and she made you feel that she was really pleased to see you.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 2-й абзац текста.

1. Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which are not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant's mental state renders him or her unfit to be tried, if the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital.

2. Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they do not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.

3. In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted without corroborated evidence. If the jury returns a verdict of «not guilty», the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a «guilty» verdict, the defendant has a right of appeal to the appropriate court.

4. A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.

5. People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. In­eligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor's Department, or the police, prison and probation services, and certain sufferers from mental illness.

№ 10. Выпишите из текста английские эквиваленты следующих слов и выражений: уголовный судебный процесс, обвинение (сторона уголовного процесса), защита, невиновность, вина, обвиняемый, подсудимый (ответчик), взять под стражу, свидетельские показания (доказательства, улики), свидетель, обвинительный приговор, судья, выносить приговор.

 

№ 11. Прочитайте предложения. Переведите на русский язык предложения, содержание которых соответствует тексту.

1. A defendant cannot employ a legal adviser and has no public support,

2. The prosecution should inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call.

3. Only the judge decides whether the defendant is guilty or not guilty.

4. If the jury returns a verdict of «not guilty», the prosecution gets the right of appeal and the defendant may be tried again for the same offence.

5. People between the ages of 18 and 65 whose names appear on the electoral register are liable for jury service.

6. Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor's Department, or the police, prison and probation services, and certain sufferers from mental illness.

 

№ 12. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танного текста. Вы можете использовать некоторые из следующих выражений: 1) The text deals with... 2) It is devoted to... 3)The main purpose of the text is... 4)The abstract is concerned with... (bears on...; gives explanation of...; is intended to demonstrate that...; is designed to pro­vide some information about...) 5) The subject of the paper under review... 6) It is pointed out that... 7) The author touches upon the problem of... 8) It is shown that... 9) It should be noted that... 10)... are described (given). 11) Special attention is given (paid) to... 12) The importance of... is stressed. 13) The author comes to a conclusion... 14) There is no doubt that...

 

Контрольное задание № 2

Вариант 4

I

 

№ 1. Переведите предложения, определите функции слова one:

1.Courts of appeal, one for each of ten circuits in the United States, are courts of appellate jurisdiction. 2. A court may consist of one judge and a jury or only one judge and one clerk, or it may be a tribunal including a number of judges. 3. The presidency of the U.S. is one of the many governmental offices. 4. One of purposes of jurisprudence is to explain legal concepts. 5. A court of first instance is one which first examines a case in substance and brings in a sentence or decision. 6. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance.

 

№ 2. Переведите предложения, укажите функцию слов that, those:

1. That bill will become a law only if it is enacted by the majority (2/3) in both houses of Congress. 2. We know that more serious cases are heard in the Crown Court, where the judge is always a legal expert. 3. Railways in Russia are longer than those of any other country. 4. Sentences passed by the Crown Court are more severe than those of Magistrates' Courts. 5. Scotland has its own legal system different in many ways from that of England and Wales. 6. Judgments and sentences excluding those passed by the Supreme Court may be appealed against in a court of higher instance.

 

№ 3. Переведите предложения, обращая внимание на бессоюзное подчинение; определите тип бессоюзных придаточных:

1.They insist a juror should be influenced-neither by judges nor by barristers. 2. We heard he was fined and disqualified from driving last week. 3. They told us they would take into account all the circumstances of the crime. 4. Before finishing the discussion he made some notes on the ques­tions he was interested in. 5. I have translated the article you recommended.

 

 

№ 4. Прочтите текст.

 

International Law

 

1. We live in a time in which we are confronted with difficult questions concerning the destiny of the world, the future of the human race. Those questions are related in one way or another to the survival of nations, to man’s life and development. Many countries face similar social, economic and political problems and consequently have adopted similar legal solutions. Some areas of the law such as intellectual property and human rights, are particularly concerned with developing laws which are valid internationally. With more international business and travel and a growing awareness that many socio-economic and environment problems need global solutions, the future of the world of law appears to be one of internationalization.

2. There are two main kinds of international law: private and public. The former concerns the role of foreign laws within a particular country, while public international law deals with relations between states. International law is not new. Nations have always made political and economic treaties with each other. Nevertheless, most international law has been created in the twentieth century.

3. Among the most important international issues nowadays is the problem of elimination from the life of society of war as a means of settling disputes. All countries must work out universally recognized principles of peaceful coexistence of states with different socio-economic systems. This approach is based on the realization that today it is no longer possible to win the arms race, just as it is impossible to win in a nuclear war. The level of armaments stockpiled by all the opposing parties puts them all at the equal risk of being annihilated.

4. International humanitarian issues also include international legal settlement of armed conflicts and protection of their victims. In pursuing this policy, the international community has worked out a number of conventions and other legal instruments.

5. Vital international humanitarian issues include such global problems as hunger, poverty, underdevelopment and economic crises. It is common knowledge that more than 500 million people in the world are suffering from malnutrition because of insufficient production of food and its unequal distribution. According to statistics, every day the world spends $3,000,000,000 on the senseless arms race, while at the same time every day 40,000 children die of hunger and preventable diseases, for every 100,000 of the world’s population there are as many as 566 soldiers and only 86 doctors; the cost of one modern nuclear bomber is more than is needed to vaccinate all the new-born babies in the world. Such problems can also be resolved only through the mechanism of international legal regulation.

6. Man’s tremendous technological progress has created the need for all countries to fight for survival in the sphere of ecology. It has been calculated that today the world economy releases into the atmosphere an annual 200 million tons of carbon monoxide; more than 50 million tons of hydrocarbons, 120 million tons of ashes, and I50 million tons of sulphur dioxide. The latter get back at us in the form of acid rain which is gradually destroying the forests in Europe. Other problems have also assumed disastrous proportions. They demand urgent solution and concerted action.

7. Another group of international humanitarian issues is the need to combat disease, drug addiction and drug trafficking. Health protection today is undeniably an international humanitarian problem and can be resolved only through international cooperation.

8. Finally, another international humanitarian problem is combating international terrorism. Terrorism not only takes the lives of innocent people but destabilizes international relations. It is a gross violation of human rights.

9. International humanitarian problems can be resolved only on the basis of universally accepted binding principles and rules of contemporary international law.

10. Based on the principles of state sovereignty, territorial integrity of states, peaceful settlements of disputes, non-interference in internal affairs, respect of human rights and basic freedoms, self determination of nations and other principles, international law performs a stabilising function in the system of international relations today. Its principles and rules created by the states themselves contribute to the normalization of relations between them, place these relations within a definite framework for the mutual benefit of the parties.

11. Contemporary international law constantly develops. Its general democratic principles are concretised and filled with a new progressive content. New principles and norms take shape. The number of treaties is rapidly increasing. International legal regulation extends to new spheres of international relations.

 

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: мирное сосуществование; территориальная целостность; устранение войны; урегулирование международных конфликтов; гонка вооружений; осуществлять политику; незаконны оборот наркотиков; нарушение прав человека; взаимная выгода; сторона (договора); договор; обязательные принципы и правила.

 

№ 6. Переведите письменно 1, 2, 9, 10, 11 абзацы.

 

II

№ 7. Употребите инфинитив с частицей to или без нее. Переведите предложения на русский язык.

1. You may (to join) us if you wish.

2. The granny didn't actually (to see) the child (to take) it.

3. The robber made the teller (to give) him the money.

4. Let her (to do) what she wants (do).

5. John allowed his daughter (to swim) with her friends.

№ 8. Переведите предложения на русский язык, обращая внимание на объектный и субъектный инфинитивные обороты.

1. Would you like me to translate this text?

2. He is thought to be the best player.

3. There appears to have been a misunderstanding.

4. I felt somebody touch me lightly on the shoulder.

5. You are supposed to know the laws of your own country.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 3-й абзац текста.

1. Court, also called court of law is a person or body of persons having judicial authority to hear and determine disputes in particular cases, civil, criminal, ecclesiastical, or military. The term “court” also denotes the chamber, hall, building, or other place where such judicial proceedings take place.

2. The word «court» originally meant simply an enclosed place, and still does in the architectural sense. Judicial tribunals were originally enclosures where the judges sat, while counsel, attorneys, and the general public had to remain on the outside of a bar; hence, the expression «called to the bar» is used to apply to a lawyer newly qualified to practice. The first these enclosures were temporary structures in an open field; later, they became fixtures in a large room or hall, the courtroom.

3. The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic adjudication of disputes on the basis of established customs and consciously formulated rules of social conduct. Archaeologists and anthropologists have established the existence of courts in simple societies over wide areas of Asia, Africa, and Europe; courts were not as widespread among the Native Americans of North and South America. Primitive courts formed part of a complex social structure in which administrative, judicial, and religious functions were intermingled. These courts were held in the-open or in religious temples. More often than not, the judges were priests. Those who attended were considered part of the court, whether or not they had an immediate interest in the proceedings or in the judgments rendered. The proceedings consisted in large part of rituals designed to secure the redress of grievances presented by individuals against other individuals.

4. In the highly developed civilizations of antiquity, notably those of Asyria and Egypt, judicial and executive functions were undifferentiated and were centralized in the monarch as head of state. Insight into the structure and functions of Babylonian courts of the 18th century BC was obtained when the ancient legal document known as the Code of Hammurabi was discovered early in the 20th century. A highly developed judicial system existed also among the ancient Hebrews.

5. In the judicial system of ancient Athens, a unique feature, introduced by the lawgiver Solon in the 6th century BC, was the right of aggrieved litigants to appeal the decisions of magistrates to the people of Athens, assembled as a "public assembly". In later years, the assemblies became courts of first resort presided over by magistrates who prеpared cases for
trial. These courts subsequently became unwieldy, and they were divided into sections called dicasteries.

6. The evolution of courts in ancient Rome was marked by the development of a complex structure in which criminal, civil and other jurisdictions were differentiated and were ex­ercised by separate courts and officials. Violations of criminal law were prosecuted by the state; higher and lower courts were organized; the right of appeal was juridically guaranteed; and a corps of professional jurists was established for the first time in the history of Mediterranean civilization. After Christianity became the state religion of Rome, the ecclesiastical courts, previously established by Christians who had refused to have recourse to pagan courts, became a part of the Roman legal system. As the Roman Empire disintegrated, the ecclesiastical courts survived and assumed jurisdiction over secular affairs.

7. In Europe in the early Middle Ages the judicial functions were not yet separate from the legislative and administrative functions. The king or other ruler, together with his chief councillors, sat in a meeting hall for the exercise of all these functions, and so the household of the ruler was also called «the court». Since all judicial authority was derived from the ruler, his presence was assumed in all the specialized courts.

8. From the 12th century onward the increasing number of university-trained civilians and canonists created a recognized legal profession, and the rise of the legal profession also determined the gradual separation of judicial from administrative functions.

№ 10. Выпишите из текста английские эквиваленты следующих слов и выражений: группа людей, судебные полномочия, судья, рассмотрение дела в суде (судебное разбирательство), судебное решение, спор, дело (в суде), сторона в гражданском процессе, должностное лицо, нарушение уголовного закона.

№ 11. Прочитайте предложения. Переведите на русский язык предложения, содержание которых соответствует тексту.

1. The word «court» means a group of people, often with specialist knowledge or skill, who have been brought together in order to examine the causes of crimes.

2. The existence of court implies a relatively high state of a society and the need for consciously formulated rules of social conduct.

3. In the highly developed civilizations of antiquity judicial and executive functions were undifferentiated and were centralized in the monarch as head of state.

4. The evolution of courts in ancient Rome did not touch the undifferentiated character of criminal, civil and other jurisdictions.

5. In Europe in the Early Middle Ages the judicial functions were separated from the legislative and administrative functions.

6. From the 12th century the increasing number of university-trained civilians created a recognized legal profession.

№ 12. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танног