The Subjunctive Mood in Complex Sentences

(Сослагательное наклонение в сложных предложениях)

 

Тип придаточного предложения	Примеры	Примечание
Под­лежащее с союзом that(главное предложение – безличное)	It is necessary that we (should) do it. Необходимо, чтобы мы сделали это.	Сослагательное наклонение выражается синтетической формой или аналитической с глаголом should для всех лиц.
Дополнительное а) с союзомthat после глаголов, со значением приказа (to order, to de­mand,)или предложения (to suggest, to recomend); б) после глагола to wish   в) c союзомlest,после глаголов, выражающих страх, испуг.	He ordered that we (should) come. Он приказал, чтобы мы пришли. I recommmend that you (should) read this book. Я рекомендую тебе прочитать эту книгу. I wish he were here again. Я хотел бы, чтобы он снова был здесь. She fears lest it should be discovered. Она боится, как бы это не открылось.	Сослагательное наклонение выражается так же, как и в придаточных подлежащих.
Обстоятельст-венные предло-жения цели с союзамиthat, so that, in order that – чтобы, lest – чтобы не.	She opened the window so that she could see the boy playing in the yard. Она открыла окно, чтобы было видно, как мальчик играет во дво­ре. We must hurry lest we should be late. Мы должны поторопиться, иначе мы опоздаем. She opened the window in order that she might get fresh air. Она открыла окно, чтобы подышать свежим воздухом.	В этом случае, кроме глагола should используется глагол may (если действие относится к будущему или настоящему), или его формаmightи глаголcould (если действие относится к прошедшему).
Обстоятельст-венные предло-жения, выража-ющие нереаль-ное сравнение с союзами – as if как если бы, и as though –как будто бы.	He behaves as if he were an adult person. Он ведет себя так, как если бы он был взрослым. He spoke to her as if he knew her very well. Он говорил с ней так, будто знал ее очень хорошо. She greeted him as if she had not seen him for ages. Она приветствовала его, будто не видела его сто лет.	Если действие в при­даточном происходит од­новременно с дейст­вием главного пред­ложения, глагол to be использу­ется в формесослагательного наклонения: were,другие глаголы выражают то же значение формами Past Indefi­nite изъявительного наклонения. Если действие придаточ­ного предшествует действию главного предложения, исполь­зуется Past Perfect изъявительного нак­лонения.
Сказуемое: а) с союзами as if, as though;     б) после слов wish, suggestion, aim, idea.	We feel as if we were young again. Мы чувст­вуем себя так, как буд­то мы снова молоды. Не looked as if he knew everything we had tal­ked about. Казалось, что он знал все, о чем мы говорили. Aunt Ann's wish was that Mary should come and stay with her. Те­тушка Энн пожелала, чтобы Мэри приехала и пожила у нее.	а) Сослагательное наклонение выражается, как и в обсто­ятельственных при­даточных предложе­ниях нереального сравнения;     б) с глаголомsho­uld для всех лиц.
Уступительные с союзами though, although, whatever, whenever, however.	Whatever problems may arise, we shall try to solve them. Какие бы проблемы не возникали, мы попытаемся решить их. However badly he may (might) have behaved to you in the past he is still your brother. Как бы плохо он не вел себя по отношению к тебе в прошлом, он все же твой брат.	Если действие при­даточного предложе­ния предшествует действию главного, используется глагол may (might) + Perfect Infinitive.
Обстоятельственные предложения мес­та и времени с союза-ми whenever, wherever.	Whenever you may (might) come, I'll be always glad to see you. Когда бы ты ни пришел, я всегда буду рад видеть тебя. Wherever you may (might) be, I shall find you. Где бы ты ни был, я найду тебя.	Для образования сослагатель-ного наклонения в этом случае используется глагол may (might).
Определитель-ные, от­нося-щиеся к слову time в главном предложении.	It's time we were at home. Пора бы нам быть дома. It's high time you learned these words. Вам пора выучить эти слова. It’s time we should do it. Нам пора сделать это.	В этом случае используется сослагательное наклонение глагола to be в форме were. С другими глаголами то же значение выражаетсяPast Indefiniteизъявительного на­клонения. Возможна и аналитическая форма с глаголом should.
Условные пред­ложения для выра­жения нере­ального условия в прида­точном пред­ложе­нии и нереаль­ного следствия в глав­ном.	If he were here, I should recognize him at once. Если бы он был здесь, я бы узнал его сразу. If I had time I should do the work. Если бы у меня было время, я бы сде­лал эту работу. If I had had time yesterday, I should have transla­ted the text up to the end. Если бы у меня было время вчера, я бы перевел текст до конца.	В придаточных предложениях не­реального условия, относящихся к на­стоящему или буду­щему, исполь­зуется сослагатель­ное наклонение гла­гола to be в форме were. Другие глаголы передают это же значение изъявительным наклонением. В главном предложении исполь­зуются глаголыsho­uld(для 1-го лица)или would (для остальных лиц). В прида­точных пре­дложениях нереаль­ного условия, отно­сящихся к прошедше­му времени, используетсяPast Perfect, а в глав­ном – аналитиче­ская форма: should, would + Perfect In­finitive.

 

Exercises

1. Translate the sentences:

a) 1. It's necessary that he come to me today. 2. It's demanded that you be in time there. 3. It's simply necessary that you discuss this matter. 4. I suggest that you take immediate steps. 5. We insist that he settle this problem today. 6. He ordered that John remain there till 6 o'clock. 7. I wish I could fulfil this duty. 8. I wish I had some influence on him. 9. I wish it were the end of the film. 10. He was afraid lest they be late.

b) 1. Why don't you ask Sam? He would tell you the exact date of the meeting. 2. I'd like you to speak to Jim. He would give you a good piece of advice. 3. I suggest that you should speak to that man. 4. It is necessary that you should help her. 5. Write down this English word lest you should forget it. 6. Kate didn't demand that he should stay with them. 7. I should have liked you to have shown more interest in your work. 8. I learned so much about English law at his lectures that otherwise I should never have known. 9. It looked as though she wanted to speak but she couldn't. 10. I wish you stopped talking. 11. If this article were more interesting I would translate it into English. 12. If you had studied properly last year, you would have known these facts.

2. Choose the correct form of the verb in brackets:

1. It is necessary that you (should attend, should have attended) all the lectures. 2. I suggest that you (take part, took part) in this conference. 3. I (would write, would have written) to him, but I forgot his address. 4. I (could have helped, could help) her if I (knew, had known) that she was in trouble. 5. If you (have read, had read) this book, you would have learned more facts about punishment for crimes in ancient times. 6. I wish you (can, could) believe him. 7. I wish we (discussed, had discussed) it before. 8. I think I'd recognize him at once if I (saw, had seen) him again.

 

3. Translate the sentences:

1. Необходимо, чтобы я поговорил с ними, прежде чем я уйду. 2. Необходимо, чтобы вы пришли на заседание комитета в 5 часов. 3. Я предлагаю, чтобы он отдохнул. 4. Сэм предложил, чтобы я остался у него на несколько дней. 5. Я бы сделал это сам, но я буду занят весь день. 6. На вашем месте я бы поговорил с ним. 7. На вашем месте я бы посоветовался с кем-нибудь, прежде чем принимать решение. 8. Мне бы не хотелось встречаться с ними. 9. Мне хотелось бы, чтобы он был с нами. 10. Не знаю, что бы я делал, если бы ты не помог мне. 11. Если бы ты вовремя рассказал мне об этом, я бы знал, что делать. 12. Если бы не было так поздно, мы бы сделали работу до конца. 13. Если бы они сказали мне заранее, я бы закончила перевод статьи раньше. 14. Вы ответили бы на этот вопрос, если бы были более внимательны на лекциях.

 

WORD-BUILDING

 

Префикс	Производящая основа	Производная основа	Словообразовательное значение	Примеры
trans-	прилагательное	прилагательное	а) Находящийся по другую сторону. б) Превышающий пределы.	continental -transcontinental human – transhuman
глагол	глагол	Изменение положения, формы и т.п.	to migrate – to transmigrate
over-	существительное прилагательное глагол	существительное прилагательное глагол	а) Превышение предела     б) Переход за пределы чего-н.	task – overtask full – overfull to develop – to overdevelop to fly – to overfly
under-	существительное прилагательное глагол	существительное прилагательное глагол	а) Подчиненность   б) Недостаточность	clerk – underclerk to pay – to underpay

 

Exercises

1. Translate the derivatives:

a) real – transreal, rational – transrational, Siberian – trans-Siberian, American – trans-American, to form – to transform;

b) crowded – overcrowded, payment – overpayment, to work – to overwork, to study – to overstudy, to eat – to overeat, to pay – to overpay, to sleep – to oversleep;

c) to buy – to underbuy, to do – to underdo, to pay – to underpay, populated – underpopulated.

2. Give the English for:

пересекающий Балканы, трансокеанский, пересекаю­щий Африку, сверхчеловеческий, трансконтинентальный.

3. Form antonyms with the help of the prefixes over- and under -:

to overstudy, to underpay, to overwork, to underdevelop, to overdo.

 

READING

 

A – 1

1. Read the following words; mind their pronunciation:

distinguish [dès“tèíwèø], civil [“cèvèl], jury [“dæuårè], magistrate [“mýdæèstreèt], exceed [è“ksi:d], final [“faènål].

 

2. Read the definitions and say, which one suits the word “court”:

1) institution for giving instructions; 2) legislative assembly; 3) body with judicial power.

 

3. Read and translate the text; explain your variants of translation of word-combinations in black type:

 

COURTS IN GREAT BRITAIN

Turning to the English courts, one must first distinguish between civil and criminal jurisdiction – some courts have both jurisdictions, some only one.

As for the civil courts, there is a trial court for the whole of England, with an unlimited jurisdiction in all civil cases – the High Court of Justice¹. It deals with those matters which are connected with property rights, family relations, business, etc.

Minor civil cases are tried in the County Courts². They have nothing to do with the counties; the name was elected for historical reasons. These courts are of limited jurisdiction. They deal mainly with civil cases concerning recovery of small debts. Also now these courts are allowed to hear cases connected with adoption of children, conveyancing and all other civil matters. In fact about 90 per cent of all civil cases are commenced and concluded in these courts. The judges of the civil courts try cases alone without the jury, because England abolished the jury in civil cases in 1933.

The Crown Court³, a court of general jurisdiction, and the Magistrates’ Courts⁴ having only limited jurisdiction are known to be the trial courts for considering criminal cases.

Simple matters are considered by the magistrates. The punishment inflicted by them can seldom exceed six months’ imprisonment and often consists of fines. The Crown Court has jurisdiction in major criminal cases, those punishable by substantial periods of imprisonment. Criminal cases involve a jury trial.

The intermediate appellate tribunal in England is the Court of Appeal. It hears appeals from the High Court and from specialized tribunals. Thus the Criminal Division of the Court of Appeal hears appeals from criminal courts of inferior instance.

The highest court in England is the House of Lords. It hears appeals of exceptional public importance from the Court of Appeal, their number being very limited. When the House of Lords acts as a judicial body instead of a legislative one, it is composed only of the Lords of Appeal in Ordinary⁵ (Law Lords). They hear appeals as an Appellate Committee; the appeals come from the courts of lower instances – mostly from the Court of Appeal and rarely from the High Court. The House of Lords is the final point of appeal.

 

Notes:

¹High Court of Justice – Высокий суд правосудия

²County Courts – суды графств

³Crown Court – коронный суд, уголовный суд присяжных

⁴Magistrates’ Courts – магистратский (мировой) суд

⁴Lords of Appeal in Ordinary – члены палаты Лордов для рассмотрения апелляций

 

4. Give the Russian for:

both jurisdictions, property rights, to be tried in the court, to hear cases, adoption of children, conveyancing, to abolish the jury, to consider criminal cases, to inflict punishment, to consist of fines, jury trial, Criminal Division.

5. Give the English for:

различать гражданскую и уголовную юрисдикцию, суд первой инстанции, незначительные гражданские дела, возмещение мелких долгов, начинаться и заканчиваться в судах графств, рассматривать дело без присяжных, редко превышать шестимесячное тюремное заключение, специализированный орган правосудия (судебное или арбитражное учреждение; суд; трибунал), заслушивать апелляции, апелляции исключительного государственного значения, последний пункт подачи апелляций.

 

6. Match the words:

trial	debts
to hear	rights
inferior	jurisdiction
some months’	the jury
to inflict	tribunals
small	imprisonment
specialized	body
criminal	instance
judicial	court
to abolish	punishment
property	cases

 

7. Make up word-combinations; mind the prepositions:

unlimited jurisdiction	of	all civil cases
to deal with matters connected	in	the jury
punishment inflicted	for	considering criminal cases
to try cases	with	small debts
to hear appeals	from	the magistrates
trial courts	without	property rights
recovery	as	criminal courts
to be punishable	by	Lords of Appeal in Ordinary
to be composed	-	substantial period of imprisonment
to act		a judicial body

8. Answer the following questions:

1. What are the two main jurisdictions of the British courts? 2. What is the Jurisdiction of the High Court of Justice? 3. What kinds of cases are tried in the County Courts? 4. Why do the judges of the civil courts try cases alone without the jury? 5. What courts consider criminal cases in Great Britain? 6. Does the typical punishment inflicted by the magistrates consist of fines? 7. What bodies does the Court of Appeals hear appeals from? 8. What is the highest court in Great Britain? 9. Who composes the House of Lords when it acts as the judicial body? 10. Is the House of Lords the final judicial instance?

 

A – 2

1. Read the following words; mind their pronunciation:

judge [dæàdæ], sovereign [“sîvrèn], certify [“sÅtèfaè], retire [rè“taèå], chancellor [“÷a:nsålå], judiciary [dæu:“dèøårè], stipendiary [staè“pendèårè], inferior [èn“fèårèå].

 

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

to certify, municipal, corporation, per cent.

 

3. Translate the following family words:

judge – to judge – judicial – judiciary, to remove – removal – removable – irremovable, to conduct – conduct – misconduct, hierarchy – hierarchical, legal – legally – illegal.

 

4. Skim the text:

JUDGES

Judges in England are officers appointed by the sovereign power to administer the law. The duties of the judicial office in a civil or a criminal matter are different. The law calls for judges to hear the statements on both sides in open court and arrive at a conclusion as to the truth of the facts submitted to them, or when a jury is engaged – to direct the jury to find such a conclusion. The judges are expected to apply to the facts. They find the appropriate rules of the law and certify by their decisions the relief to which the parties are entitled or the obligations or penalties which they have incurred.

Some important points are considered to be more characteristic of the English judicial system. They can be described as the follows.

1. Judges in England are absolutely protected from action for anything that they may do exercising their judicial duties.

2. Judges are appointed for life and must retire at the age of 70 or 72. The highest class of judges is practically irremovable. The inferior judges and magistrates are sometimes removable for misconduct by the Lord Chancellor.

3. The judiciary in England is not a separate profession. The judges are chosen from barristers or solicitors if those have been in active practice for at least 10 years.

4. Judges in England are appointed for the most part by the Crown. In a few cases municipal corporations may appoint their own judicial officer, and they expect him to do his duties in a proper way.

The English judiciary is hierarchic. Judges in the higher courts have more authority than those in the lower courts. Judges of the lower courts hear both civil and criminal cases. Judges in the House of Lords and the Court of Appeal hear only appeal cases.

There are different classes of the judiciary in Great Britain: Lords of Appeal in Ordinary (sit in the House of Lords), Lords Justices of Appeal (sit in the Court of Appeal), High Court judges (sit in the High Court), Circuit judges (sit in the Crown Court and county court), Recorders (sit in the Crown Court), Stipendiary magistrates (sit in the magistrates’ courts) and Lay magistrates (unpaid justices of the peace). The most numerous judges are Lay magistrates. They are appointed from ordinary members of society by the Lord Chancellor. They are not legally qualified although they do receive some basic training. The case is usually heard by a bench of three lay magistrates who are advised on the law by the clerk of the court. The justice’s clerk is a barrister or solicitor of at least five years’ standing. Lay magistrates hear over 90 per cent of criminal cases.

5. Translate the summary of the text from Russian into English:

В Великобритании судьи назначаются королевой. Судьи должны основывать свои решения на фактах. Для каждого дела они находят подходящие нормы права. Судьи назначаются пожизненно и обязаны уйти в отставку в 72 года.

Судейство в Англии имеет строгую иерархию. Судьи высших инстанций обладают большей властью, чем судьи низших инстанций.

Судьи в Великобритании – это члены палаты лордов для рассмотрения апелляций, лорды-судьи по рассмотрению апелляций, судьи Высокого суда правосудия, судьи Судов графств, окружные судьи, рекордеры, мировые судьи, получающие жалованье и мировые судьи, не получающие жалованье.

 

A – 3

1. Read the following words; mind their pronunciation:

participatory [pa:”tèsè“peètårè], unanimous [ju:“nýnèmås].

 

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

integral, regime, form, totalitarian, manipulation, democracy, penalty, mechanical, population, intuition, verdict, political.

 

3. Analyse the structure of the following words:

participatory, decision-making, purely, intuitively, nullification, layman, moreover, courtroom.

 

4. Scan the text and find English equivalents to the Russian word-combinations:

непосредственное вовлечение в деятельность учреждений, связанных с процессом принятия решения; внедрять общественные ценности в официальный судебный процесс; чувство справедливости и беспристрастности; способность действовать интуитивно; право отменять (аннулировать); высокая степень вынесения оправдательных приговоров; вердикт – не виновен; избегать применения смертной казни; вызывать глубокое чувство уважения; под руководством судьи устанавливать истину; быть строго ограниченным фактами; подтверждены свидетельскими показаниями; обсуждать вердикт; зал судебных заседаний; хранитель совести общества.

 

THE JURY

The jury is a form of participatory democracy¹ compared with the representative democracy² that obtains in elections. It has direct involvement in decision-making institutions of the state and provides an education for all the participants. It is meant to be an impartial body rather than a purely representative one. Moreover, juries bring about community values into the formal legal process and a sense of equity and fairness against the cold and mechanical application of legal rules.

The reason for the criminal trial jury popularity has frequently been its independence and ability to act intuitively. In the early years jurors consciously used their nullification power to produce a high level of acquittals³, often around 50 per cent in cases of murder and theft. This was followed with verdicts of not guilty in popular political causes and avoiding the imposition of the death penalty for non-violent theft in the eighteenth century. As a consequence, jury power has generated over the centuries a great deal of respect among sections of the population.

The essential feature of the trial by jury as practiced in England and countries influenced by English ideas is as follows. The jury is a body of selected laymen which under the guidance of a judge ascertains the truth in questions of fact arising in a criminal process. Their duties are strictly limited to questions of fact, and moreover they are still further restricted to the exclusive consideration of matters that have been proved by evidence in the course of the trial. They must submit to the directions of the judge as to any rule or principle of law that may be applicable to the case.

The jury fulfils its duties in the following way. At the end of the trial it is asked to consider the verdict. It often retires for this purpose. The jury may be out for many hours and should not separate at this stage. When it arrives at a verdict it returns to the courtroom. The verdict is given in court in the presence of the accused in response to the Judge’s question whether the jury has arrived at a verdict. As a general rule it must be unanimous.

According to the general practice, the jury are selected from the locality, whether county or city, where the crime has been committed. The jury is, and has always been, the keeper of the conscience of the community and it is a barrier to manipulation, oppression and abuse of authority. That is why totalitarian regimes can never accept free and independent juries. The trial jury is an integral part of liberty because it is known as trial by the country or, in other words, by the people.

Notes:

¹participatory democracy - активное участие в управлении государством

²representative democracy- представительная демократия

³acquittal - оправдание, оправдательный приговор

 

5. Scan the text once again and say how the jury fulfils its duties.

B – 1

1. Read the following words; mind their pronunciation:

legislature [“ledæèsleè÷å], jurisdiction [”dæuårès“dèkøn], circuit [“sÅkèt], certiorari [”sÅøèå“reraè].

 

2. Look through the terms and their definitions and suggest your variant of translation:

сrime - 1) an act or omission prohibited and punished by law; 2) unlawful acts in general; 3) an evil act 4) informal something to be regretted;

offence - 1) a violation or breach of a law, custom, rule, etc.; 2) any public wrong or crime; 3) attack; assault;

misdeed – an evil or illegal action;

guilty conduct – crime.

3. Read the text and try to guess the meaning of word-combinations in bold type:

 

COURTS IN THE USA

The judicial system of the United States is of two kinds. It consists of the Federal Courts, created by and deriving their powers from Congress, and of the Courts of the State, created by the States and provided by the legislatures of the States. The judges of the Federal Courts, including those of the Supreme Court of the US, are appointed by the President, with the consent of the Senate, their appointment being for life.

The Federal Courts at present are the Federal District Courts, the Courts of Appeal, a number of special courts and the Supreme Court of the USA.

At the lowest level are the District Courts with about two hundred judges. Their jurisdiction covers all crimes and offences under the laws of the US. Each state has at least one district court; a few have as many as four.

The Courts of Appeals are given only appellate jurisdiction. There are 13 Courts of Appeals in the US (formerly called US Circuit Courts of Appeals), each circuit comprising several states. A Court of Appeal consists of 3 or more judges. The decision of the Court of Appeals is final except those cases in which the Supreme Court grants “certiorari” or in which an appeal may be taken to that court as the matter of right. The Courts of Appeal were organized to relieve the Supreme Court of pressure resulting from the accumulation of appellate cases.

All states in the USA have a system of courts similar in many respects to the Federal Courts. Each state has a court of last resort, which hears and determines all questions of law on appeal from the trial courts. The highest court in most of the states is named the Supreme Court.

The State Courts have separate criminal and civil jurisdictions. In many large cities and towns there are police magistrates and justices of the peace for hearing criminal cases. They usually issue warrants of arrest, hold preliminary hearings and commit offenders to wait for the action of the jury or the examining of their cases by courts higher in criminal jurisdiction.

In some towns and cities the magistrates and police justices are elected, and in others they are appointed by the mayor. There are also minor courts in each city which hear and determine civil actions.

 

4. Give the Russian for:

to be appointed by, with the consent of the Senate, to cover crimes and offences, to take an appeal to the court, accumulation of appellate cases, to be similar to, trial court, to determine all questions of law, on appeal, separate criminal and civil jurisdictions, justice of the peace, to hear a case, to hold preliminary hearing, to examine the case.

 

5. Give the English for:

судебная система, наделяться полномочиями Конгрессом, предусмотренный законом, пожизненное назначение, в соответствии с законом США, апелляционная юрисдикция, истребование дела вышестоящим судом из производства нижестоящего суда, вопрос права (субъективного), быть результатом, полицейский судья (председатель полицейского суда), выдавать ордер на арест, обязывать правонарушителей ожидать решения присяжных заседателей, гражданский иск.

 

6. Answer the questions:

1. What are the two kinds of judicial system in the USA? 2. Who has the power to appoint judges in the USA? 3. What do the Federal Courts in the USA consist of? 4. Are District Courts at the lowest level of the court system? 5. What does the jurisdiction of the District Courts cover? 6. How many District Courts are there in each state? 7. How many Courts of Appeal are there in the USA? 8. What is the Jurisdiction of Courts of Appeal? 9. Why were the Courts of Appeal organized? 10. What is the system of state courts in the USA similar to? 11. What is the function of the courts of last resort? 12. What cases do police magistrates and justices of the peace hear? 13. What is the scope of functions of police magistrates and justices of the peace? 14. Are the magistrates and police justices elected or appointed? 15. What courts in each state hear and determine civil actions?

 

B – 2

1. Read the following words; mind their pronunciation:

acquire [å“kwaèå], myth [mèÒ], virtually [“vÅ÷uålè].

 

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

patronage, sphere, record, element, person, myth, virtual.

 

3. Analyse the structure of the following words:

background, upper-middle, large-sized, self-selection, would-be, judgeship, truthful, costly, expectation, preferable, to disagree.

 

4. Skim the text and formulate the main qualities of the following persons in the USA court system:

federal judges –

district judges –

appeals judges –

nominees for judicial office -

 

FEDERAL JUDGES

Americans believe that only someone born in difficult circumstances¹ may some day become the president of the United States, or at least a US judge. This myth is truthful in some respect. In principle virtually anyone can become a prominent public person but a few examples can be cited of people who came from poor backgrounds yet acquired high posts. Most typically, however, America’s federal judges, like other public persons, come from the nation’s middle and upper-middle classes.

As well as district judges, appeals judges and Supreme Court judges, federal judges must be college graduates and receive law degrees in costly private universities. Before assuming the federal bench, federal judges have to be employed at the state or local level, or in political, governmental sphere, or large-sized law firms.

No constitutional or statutory qualifications are stipulated for serving in federal courts. The Constitution simply indicates that “the judicial Power of the United States, shall be vested in one supreme Court” as well as in any lower federal courts that Congress may establish. But there are some informal requirements concerning professional competence, political qualifications, self-selection, and the element of luck.

Although candidates for US judicial posts do not have to be attorneys, it has been the custom to appoint lawyers who have distinguished themselves professionally. Tradition has created an expectation that the would-be judge have some reputation for professional competence.

Most nominees for judicial office have some record of political activity because it is still considered that judges are part of the political patronage system. So it is preferable for a judge to be a member of the leading party. It is supposed that the nominees announce publicly a desire for a federal judgeship. Some people think it should be done, others – disagree. The element of luck plays an important role in all judicial appointments. Being a member of the right party at the right time often has a much to do with becoming a judge as one’s professional background.

Note:

¹circumstances - обстановка, среда; обстоятельства, условия, положение дел

 

5. Speak about justices working in different courts of the USA.

 

B – 3

1. Read the following proper names; mind their pronunciation:

California [”kýlå“fÎnèå], Texas [“teksås], Columbia [kå“làmbèå], Guam [gwa:m], Puerto Rico [”pwÅtåu“ri:kåu], Virgin Islands [“vÅdæèn “aèålåndz], Northern Marian Islands [“nÎòån “mçårèån “aèålåndz].

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

to reconstruct, rational, to determine.

 

3. Analyse the structure of the following words:

input, workhorse, subdivision, to cross-examine, defendant, liability, policy-making, guideline, dangerous.

 

4. Scan the text and state the main functions of the Federal District Courts in the USA:

THE US FEDERAL DISTRICT COURTS

The U.S. district courts represent the basic point of input for the federal judicial system. Although some cases are later taken to a court of appeals or even to the Supreme Court, most federal cases never move beyond the U.S. trial courts. So the district courts may be called the workhorses of the federal judiciary.

Nowadays Congress has divided some states into more than one district. California, New York and Texas have the most, with four each. There is no any rational plan of such subdivision. Size and population vary widely from district to district. There are now U.S. district courts serving the 50 states, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, and the Northern Marian Islands.

The original district courts were each assigned one judge. The original jurisdiction of district courts concerns virtually all cases. They are the only courts in which attorneys examine and cross-examine witnesses. Subsequent appeals of the trial court decision focus on correcting errors rather than on reconstructing the facts.

The task of determining the facts in a case often falls to a jury. Two types of juries are associated with federal district courts. The grand jury¹ is a group of men and women to determine whether the person has committed the federal crime or not. Petit jurors² are chosen at random³ from the community to hear evidence and determine whether a defendant in a civil trial has liability or whether a defendant in a criminal trial is guilty or not guilty.

The district courts also play a policy-making role. The courts are involved in disputes once considered private. For the federal district courts this means that such area of judicial involvement tend to be relatively free of clear, precise appellate court and legislative guidelines; and as a consequence the opportunity for trial court jurists to make policy is rather dangerous.

Notes:

¹grand jury - присяжные, решающие вопрос о предании суду; большое жюри (коллегия из 12-23 присяжных)

² petit jury - малое жюри, суд присяжных

³ at random - случайно, случайным образом; произвольно; наугад, наобум

 

5. Scan the text once again and say what is the difference in the functions of grand jury and petit jury.

 

ORAL SPEECH PRACTICE

 

I. Mind your grammar when you speak

 

1. Express supposition:

Model: It would be interesting to speak to him.

Prompts: interesting – to discuss different points of view on the problem of punishment; important – to speak to witnesses first of all; wonderful – to visit the exhibition of Italian art; useful – to listen to his lecture; to be better – to say nothing at all; to be very kind of him – to say that.

 

2. Express a wish:

Model 1: If only they were here!

Prompts: I – can – to help you; he – to tell me about it; she – to come; they – to know that.

Model 2: I wish I could speak French.

Prompts: to help you, to see him, to do something for you, to translate this text.

 

3. Express advice:

Model: You'd better do it right away (you'd better = you had better).

Prompts: to be going now, to wait for him, to tell him about it, to have a short rest, to stay in bed, to go home now.

4. Express preference:

Model: I'd rather stay at home (I’d = I would).

Prompts: to have some coffee, not to speak about it, to go home, to stay at home, not to wait here, to go for a walk, not to discuss these problems.

 

5. Suggest that your friend should do something:

Model: I suggest that you (should) go to the exhibition.

Prompts: to learn more about Anglo-American legal system, to make a report on the development of statute law in the UK, to look through the description of these precedents, to speak to the plaintiff first of all, to examine that witness.

 

6. Imagine what would happen if you did this or that, work in pairs:

Model: A: What would happen if you bought a lucky lottery

ticket? (win a car).

B: If I bought a lucky lottery ticket I should probably win a car.

Prompts:

A: to win a car to take a long journey to travel about the country to visit new cities and towns to meet different people

B: to take a long journey to travel about the country to visit new cities and towns to meet different people to make friends with them

 

7. Say that the situation would have been different if there had been another opportunity:

Model: I didn't speak to him because he was away. I should have spoken to him if he hadn't been away.

Prompts: 1. I didn't translate this text at the lesson because I had no dictionary. 2. I couldn't read this article because this newspaper was sold out. 3. I couldn't be present at the meeting because I was on business in Moscow at that time. 4. I didn't learn the new words because I was unwell yesterday. 5. I couldn't submit my documents to the policeman because I had forgotten them at home. 6. I didn't come to see you because I had a lot of work to do. 7. I lost my way to the railway station, because I didn't know the city well enough.

 

II. Conversational formulas

 

Ways of expressing advice

 

Why don’t you …?	– Почему бы вам не…
If I were you I’d …	– На вашем месте я бы …
Personally, I would advise you to…	– Лично я бы вам посоветовал …
I think/suggest you should …	– Думаю, что вам лучше бы …
I think/suggest you'd better…
You ought to…	– Вы должны были бы …
If I were you I wouldn't…	– На вашем месте я бы не …
I advise you not to	– Я бы вам не советовал …
I don't think you should…	– Думаю, вам лучше бы не …
You'd better not…Don't….	– Не (делайте чего-н.) …

 

Accepting advice

 

That sounds like a good idea, thank you. Well, that's certainly a possibi­lity. Right/yes. I'll do/try that. Thanks. That's a good idea. Thanks.

– Благодарю, это неплохая мысль. – Ну, это определенно неплохая возможность. – Вы правы (да). Попытаюсь это сделать. Благодарю. – Благодарю. Неплохая мысль.

 

Rejecting advice

 

That’s not a good idea, I’m afraid.	– Боюсь, что это неудачная мысль.
I’ve already tried that.	– Уже пытался.

 

1. Read and practise the following flashes of conversation; work in pairs:

 

A: What should I do to sleep at night?

B: Why don't you take a walk every evening?

A: Thanks. I'll try that.

 

A: You're just starting a new job. If I were you, I'd be very careful in choosing friends.

B: Thanks. I'll follow your advice.

 

A: Oh, I'm putting on weight! What shall I do?

B: Personally, I would advise you to stop eating much and go in for sports.

A: I've already tried that without any results.

 

A: Oh, dear, you look so tired. I think you'd better have a rest.

B: That's a good idea. Thanks. But I have a lot of work to do.

A: Look, I've bought a new dress.

B: But you look rather disappointed. Is anything wrong?

A: No, not really. But I think the colour is too dark.

B: I'm sorry to say that you are right. You should have thought of it before you bought the dress.

 

A: Mrs. Green, I'm about to finish my course of studies, but I don't know what to do: study further or take a job.

B: That's a problem. If I were you I shouldn't take a job. You should continue your studies. You are really talented.

A: That sounds like a good idea. Thank you.

 

A: Oh, mum, Bob asked me to marry him. What would you advise?

B: My dear, I advise you to marry neither him nor anybody else. You are too young.

 

2. Give advice to your friend. Begin like this: If I were you I'd…; w ork in pairs:

Model: A: I'm beginning to put on weight.

B: If I were you, I would stop eating bread.

Prompts: 1. I'm a bit depressed after the exams. 2. Mike doesn't keep his word. 3. I want to change my profession. 4. It's getting cold outside. 5. My mother comes home very tired. 6. They say that the latest novel by X. is not very interesting. 7. Steve is going to marry Jane. 8. I want to see the world. 9. I didn't attend the exhibition but I heard it was very good.

3. Act out dialogues based on the following situations:

1. Your younger brother began to smoke cigarettes. Give him your advice. 2. You've got two invitations to travel across Central Asia and the Caucasus. Ask one of your friends for advice. 3. Your friend has overworked. Now he is suffering from headaches and sleeplessness. Give him your advice. 4. You face the problem of living in a city or moving to the country. Ask your friend for advice. 5. Your friend has never been to London. You visited it several times. Give him your advice as to what places of interest he should visit first. 6. Your younger sister is going to enter an institute. Help her to make the right choice.

 

III. Polylogue

1. Read the polylogue:

Mrs. Hill is a university teacher. She has come to Russia on a private trip. A friend of hers is a teacher at your Academy and she invited Mrs. Hill to the meeting of the Students’ Club.

 

Teacher: Dear friends, let me introduce Mrs. Gloria Hill, a University teacher from Georgetown. She has come here to get acquainted with the way of life in Russia and to make friends with us, Russian people.

Everybody: How do you do? Glad to meet you.

Gloria: How do you do? I’m Gloria Hill. I live in Georgetown. Yes, I’m a university teacher at Georgetown University. I teach philosophy, but I’m sure our meeting will be very useful both for you and me.

Pete: Mrs. Hill, are you going to speak on philosophy teaching in the United States of America?

Gloria: I teach philosophy, but several times I served as a member of the Jury at criminal courts, and my experience could be of interest to you.

Vera: Well, now in my country we also have the institute of the jury, it was re-established in Russia in the nineties of the previous century. So I think that your experience will be very interesting and very useful for us.

Sasha: Mrs. Hill, I know that the job of the jury in Russia is to help the judge to pass a correct sentence. And what about your country?

Gloria: Jurors perform a vital role in the American system of justice. The judge determines the law to be applied in the case while the jury decides the facts. Jury service is a high duty of citizenship.

Victor: Mrs. Hill, if I were an American citizen, how would I be selected to serve as a juror?

Gloria: It’s easy. Your name would be selected at random from voter registration and driver’s license. To serve as a juror you must meet certain qualifications: be a US citizen, be 18 years of age or older, be a resident of the area in which you are to serve as a juror, be able to communicate in English, have no felony conviction unless civil rights have been restored.

Victor: The juror’s job is hard. What a great responsibility you take upon yourself when you agree to act as a juror! Does anybody instruct jurors how to perform their duties?

Gloria: You see, each of the jurors is given a very useful book which is called “A Handbook For Jurors Serving in the United States District Courts”. The purpose of this book is to acquaint jurors in a general way with methods of procedure in federal courts, to tell them something about their duties, responsibilities, the nature of their work and its importance along with the meaning of language and terms used in court. But this book doesn’t contain instructions.

Dennis: I’m sorry, Mrs. Hill, but I have doubts about the correctness of the verdict passed by twelve people having no legal education. They are not experts in law.

Gloria: No, they are not. The jurors have to decide only the question of fact. Questions of law are for the judge.

Victor: Mrs. Hill, what happens during a trial?

Gloria: Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is as follows: 1) selection of the jury; 2) opening statements; 3) presentation of evidence; 4) Jury instructions; 5) Jury deliberations; 6) announcement of the verdict.

Victor: How should the jurors be dressed?

Gloria: They must be dressed comfortably. Suits, ties and other more formal wear are not necessary. But don’t get too informal – beach wear, shorts, cutoffs are not appropriate in court. Hats are not allowed unless worn for religious purposes.

Igor: Mrs. Hill, in the films I saw a very interesting ceremony in the courtroom: a witness promises to be honest while giving evidence.

Gloria: It’s not a ceremony, but a rule of the law of evidence. Every witness must swear an oath with his or her hand on the Bible to tell the truth, the whole truth, and nothing but the truth.

Olga: Mrs. Hill, there are twelve people in the jury and their verdict may not be unanimous. Which side has the judge to take then?

Gloria: Friends, a judge has always to take the side of justice. But if the decision of the jury is not unanimous the jury is discharged and a new trial is fixed with a fresh jury.

Igor: Friends, I’ve got an idea! Let’s invite Mrs. Hill to the sitting of a court trying some criminal case with the participation of the jury, of course. And then we shall ask her to expound her impressions about the jury job in Russia.

 

 

IV. Problem solving

 

1. In some districts of America it is the judge who selects the foreperson¹ of the jury. In other districts the jurors elect their foreperson. There are districts in the USA where the first juror to enter the jury becomes the foreperson automatically. In Russia the foreperson is the one who presides over the jury’s deliberations and gives every juror a fair opportunity to express his or her views. The foreperson is elected by the jurors. Pretend to be a juror. You must elect the foreperson. Look through the list given below and say which of the personal qualities a foreperson must possess. Explain your choice.

Note:

foreperson – старшина присяжных

 

Accurate

Optimistic

ambitious

organized

analytical

persuasive

autonomous

pleasant

calm under pressure

polite

cautious

possess a good sense of humor

cheerful

possess common sense

practical

process-oriented

cooperative

productive

conservative

professional

creative

punctual

curious

a quick learner

dependable

rational

decisive

reliable

detailed-oriented

realistic

diplomatic

respectful

disciplined

results-oriented

dynamic

responsible

energetic

self-motivated

enthusiastic

tactful

ethical

take initiative

fair

team-oriented

flexible

thoughtful

friendly

tolerant

hard-working

willing to take risks

helpful

honest

independent

intelligent

loyal

motivated

open-minded

 

2. When the name of an American citizen is selected at random from voter registration and driver’s license, he or she must answer to the juror questionnaire. A juror qualification form helps to determine if she or he is qualified to serve as a juror. Below you can see the examples of such questions; answer them.

 

1. How do you feel about individuals who bring lawsuits for personal injuries? 2. If you thought you were injured because of the fault of someone else, would you consider bringing a lawsuit? Yes/No (If no, please explain). 3. Have you ever considered bringing a lawsuit or claim, or felt like you had a good reason to sue, but decided not to? Yes/No (If yes, please explain). 4. Are there any kinds of lawsuits which you think are unfair or unjust and should not be brought to court? (If yes, will you give us examples of the kind of lawsuits you disagree with). 5. How satisfied or dissatisfied are you with the legal system in the way it treats someone who has brought a lawsuit? 6. How satisfied or dissatisfied are you with the legal system in the way it treats someone who has been sued? 7. Do you agree or disagree with the statement: “Juries can be trusted to make fair awards in personal injury cases”?

 

LISTENING

US Court System

1. Read and memorize the following words and word combinations:

violation – нарушение: It was decided that there had been no violation of the rules.

claim – тяжба, иск: After the house was burgled, she made a claim on her insurance company.

tax – налог: They’re putting up the tax on automobiles.

probate – утверждение завещания: After his death the probate court heard the claims on the will.

ambassador – посол: She was appointed ambassador to Britain three months ago.

re - examine – пересматривать: The council is to re-examine ways of reducing traffic in the city centre.

ruling – постановление, решение: The court’s final ruling was that the companies had acted illegally.

2. Listen and remember as many types of US Courts as you can.

3. Choose the sentences corresponding to the text:

1. Federal courts try cases involving the United States government. 2. Not all the states have federal district courts. 3. State courts receive their power from state constitutions and laws. 4. Higher state courts are known as local courts. 5. The highest court in the nation is the United States Supreme Court.

4. Listen again and answer the following questions:

1. What do federal courts deal with? 2. How many areas is the United States divided into? 3. The federal court system includes special courts, doesn’t it? 4. What are higher state courts known as? 5. What is the highest court in the nation? 6. Is there any way to change a Supreme Court ruling on the Constitution?