Nomination of Chief Justice Heads to Committee Vote

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

question – спрашивать, опрашивать: Several men were questioned by police yesterday about the burglary.

delay – откладывать: He wants to delay the meeting a few days.

cancel – аннулировать, отменять: They’ve had to cancel tomorrow’s meeting because of the bad weather.

affect – влиять: The team’s performance was affected by the rain.

tension – напряжение: You could feel the tension in the room as we waited for the court decision.

resignation – отставка: With the news of the scandal came the call for his resignation.

reject – отменять, отклонять: The appeal was rejected by the High Court.

2. Listen and choose the sentences corresponding to the text:

1. Federal judges do not serve for life. 2. Judge Roberts must have the votes of at least sixty-one senators to be confirmed. 3. Judge Roberts is widely recognized as a legal expert. 4. As a lawyer, John Roberts argued thirty-nine cases before the court. 5. The Judiciary Committee advises the Senate to confirm or reject nominations.

3. Listen again and answer the following questions:

1. When is the committee expected to vote? 2. Who tried to get Judge Roberts to fully detail his positions on several major issues? 3. Judge Roberts says that he believes the Constitution supports a right to privacy, doesn’t he? 4. When did President Bush nominate Judge Roberts to become an associate justice after Sandra Day O’Connor announced her resignation? 5. What does the Judiciary Committee advise the Senate? 6. The tradition for many years has been to let all senators vote on nominees, hasn’t it?

 

VOCABULARY

 

abuse – 1) злоупотреблять; 2) оскорблять

accumulation – скопление

accuse – обвинять

acquittal – оправдание

adoption – усыновление

appeal – 1) обращаться; 2) подавать апелляционную жалобу

arrive – 1) прибывать; 2) достигать

ascertain – устанавливать, выяснять

assign – 1) предназначать; 2) поручать; 3) назначать

assume – 1) предполагать; 2) принимать на себя

background – 1) задний фон; 2) истоки, происхождение

certify – удостоверять, заверять

cite – ссылаться, цитировать

commence – начинать

compare – сравнивать

conclude – 1) заканчивать; 2) делать вывод

conscious – сознательный, здравый

conveyancing – нормы права, регулирующие передачу собственности на недвижимость

cover – 1) закрывать, покрывать; 2) охватывать, относиться (к чему-л.)

danger – опасность

debt – долг

defendant – ответчик, подсудимый, обвиняемый

engage – 1) нанимать; 2) вовлекать; 3) заниматься (чем-л.)

entitle – давать право (to – на что-л.)

error – ошибка, заблуждение

exceed – превышать

fine – штраф

frequent – 1) частый; 2) обычный

fulfill – выполнять, исполнять, осуществлять

generate – порождать, вызывать

grand – большой, величественный

guidance – 1) совет, рекомендация; 2) руководство

guilt – вина, виновность

impose – облагать, налагать

incur – подвергаться, навлечь на себя

indicate – 1) показывать; 2) означать

inflict – 1) причинять; 2) налагать

intermediate – промежуточный

jurisdiction – 1) отправление правосудия; 2) подсудность

jury – присяжные

liability – 1) ответственность; 2) обязательство, задолженность

litigation – тяжба, судебный процесс

magistrate – магистрат, судья, мировой судья

nullification – аннулирование, уничтожение

offence – проступок, правонарушение, преступление

oppression – притеснение, угнетение, гнет

ordinary – обычный, простой

penalty – наказание, штраф

preliminary – предварительный

pressure – давление

prove – доказывать, подтверждать

random: at random – наугад

recovery – 1) выздоровление; 2) возмещение

relieve – 1) оказывать помощь; 2) облегчать; 3) освобождать

resort – прибежище, спасательное средство

simple – простой

stipulate – обуславливать

unanimous – единодушный, единогласный

warrant – 1) правомочие; 2) ордер, предписание

 

 

 

LESSON TEN

 

Grammar: The forms of the verbals (comparison). Word-building: Prefixes non-, de-, anti-, counter-. Reading and Oral Speech Practice: Outstanding Persons in Law and Administration. Conversational Formulas: Ways of asking for/giving an opinion.

 

GRAMMAR

The Forms of the Infinitive

(формы инфинитива)

	Active	Passive
Indefinite	to examine The judge began to examine the witness. Судья начал допрашивать свидетеля (начал допрос свидетеля).	to be examined The witness was called to be examined. Свидетель был вызван для допроса (чтобы его допросили).
Continuous	to be examining The judge is said to be examining the witness now. Говорят, что судья сейчас допрашивает свидетеля.	––
Perfect	to have examined The judge is known to have examined the witness. Известно, что судья уже допросил свидетеля.	to have been examined The witness is known to have been examined. Известно, что свидетеля уже допросили.
Perfect Continuous	to have been examining The judge is said to have been examining the witness since morning. Говорят, что судья допрашивает свидетеля с утра.	––

Notes: 1. Инфинитив в формах Indefinite и Сontinuous выражает действие, одновременное с действием глагола-сказуемого. 2. Инфинитив в формах Perfect и Perfect Continuous выражает действие, предшествующее действию глагола-сказуемого.

The Forms of the Gerund

(формы герундия)

 

	Active	Passive
Indefinite	reading I’m fond of reading. Я люблю читать.	being read Children are fond of being read to. Дети любят, когда им читают.
Perfect	having read I’m sorry for not having read the letter. Сожалею, что не прочел письмо.	having been used He told me of penalties having been used in medieval times. Он рассказал мне о наказаниях, применявшихся в средние века.

 

Notes: 1. Герундий в формах Indefinite выражает действие, одновременное с действием глагола-сказуемого, а после предлогов on, after может указывать на предшествование действия.(After reading the book he gave it to me. – После того, как он прочел книгу, он дал ее мне.). 2. Герундий в формах Perfect выражает действие, предшествующее глаголу-сказуемому.

 

The Forms of Participle I

(формы причастия I)

 

	Active	Passive
Indefinite	speaking Frankly speaking, you are wrong. Откровенно говоря, ты не прав.	being asked Being asked he didn’t answer a word. Когда его спросили, он не ответил ни слова.
Perfect	having written Having written the letter he posted it. Написав письмо, он отправил его по почте.	having been asked She didn't return with us, having been asked to stay. Она не вернулась с нами, так как ее попросили остаться.

Note: Participle II имеет только одну форму (Passive). Например: to write – written, to open – opened.

 

Exercises

1. Translate the sentences:

a) 1. This contract is to be discussed tomorrow. 2. There is not a moment to be lost. 3. At that hour of the day visitors are less likely to be coming to the office. 4. I'm sorry to have told you that. 5. He seems to be interfering with her private life. 6. It's useless to discuss now what he ought to have done.

b) 1. Without being obliged he prepared all documents for the coming session. 2. I know you dislike being asked one and the same question several times. 3. The wrongdoer denied his having committed the crime. 4. I don't very much like being interrupted. 5. He's proud of having been of use to the police.

c) 1. Having made the announcement the teacher left the room. 2. Having signed the documents he returned them to his secretary. 3. Having registered the documents the secretary put them in her desk. 4. She stayed in the office to work overtime, having been asked by her boss.

 

2. Read the sentences, point out all the verbals and state their forms and functions:

1. I ought to have spoken to him. It's important to get all the evidence about the accident. 2. Analysis is a good logical method of detecting crimes. 3. He is believed to be working on this problem now. 4. I want to know his opinion on the evidence produced by the criminal. 5. He is listening to the complaint very attentively. 6. The policemen were sitting in the room, waiting for the criminal to be brought. 7. He is known to have left the office. 8. I saw him enter the room. 9. I've just received a telegram from Jim to say he was going to arrive. 10. The witness said he had seen two men start toward him from the opposite side of the street. 11. She told me of his having left for Moscow. 12. When going somewhere on business, I try to make everything ready beforehand. 13. He stopped as if listening to something. 14. On learning the news, he told it to me. 15. Having graduated with university degree, he began to work at our law firm. 16. All questions being discussed, they signed the transaction documents.

 

WORD-BUILDING

 

Префикс	Производящая основа	Производная основа	Словообразовательное значение	Примеры
non-	прилагательное существительное	прилагательное существительное	a) противоположное зна-чению мотивирую­щей основы; б) отсутствие качест­ва, указанного в мо­тивирующей основе.	aggressive – non-aggressive member – non-member natural – non-natural
de-	глагол	глагол	Действие, противоположное выраженному мотивирующей основой.	to centralize – to decentralize
anti-	прилагательное существительное	прилагательное существительное	Противоположное значению мотивирующей основы.	republican – anti-republican fascist – antifascist
counter-	глагол	глагол	Действие, противоположное выраженному мотивирующей основой.	to act – to counteract
существительное	существительное	Опредмеченное действие, обратное выра­женному мотивирующей основой.	campaign – to counter- campaign

 

Exercises

 

1. Give the Russian for:

a) non-stop, nondemocratic, noneducational, nongovern­mental, nonrealistic, non-political, non-interference, non-peace­ful;

b) decentralize, denationalize, demobilize, dematerialize, denaturalize, demoralize;

c) anticonstitutional, antimilitarism, antifascist, anti-human;

d) counterclaim, counter-espionage, counter-force, counter-revolution, counterbalance.

2. Give the English for:

противодействие, антиобщественный, контрреволю­ция, антипатриотический, деморализовать, уничтожать монополию, безостановочный, ненападение.

3. Continue the chains of the family words:

– anti-… – non-…

a) aggression b) moral

– non-… – im-…

 

– un-…

c) democratic

– non-…

 

READING

 

A – 1

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

William Blackstone [“wèljåm “blýkståun], Cheapside [“÷i:psaèd], Charterhouse [”÷a:tå“haus], Pembroke [“pembruk], Magna Carta [“mýgnå “ka:tå],ratio [“reèøèåu].

 

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

 

WILLIAM BLACKSTONE

William Blackstone is considered to be the father of British law. His treaties are real “ precious stones ” of common law because they present its basic terminology and synthesize its main notion.

Blackstone was born in Cheapside in 1723. He was the posthumous son of a London silk mercer. He received his education at Charterhouse School and at Pembroke College in Oxford. In 1743 he became a fellow of All Souls College in Oxford, and he was called to the bar as a barrister at the Middle Temple in 1746. After practicing in the courts of Westminster for several years, without great success, he returned to Oxford in 1758. At this time, he was appointed Principal of New Inn Hall.

The most famous treaty of Blackstone is the Commentaries on the Laws of England. This work is generalization and analysis of the main principles and doctrines of common law. He also published treatises on Magna Cartа¹.

Blackstone’s Commentaries are very popular both in Great Britain and the USA. U.S. courts frequently quote them as the pre-Revolutionary War source of common law; in particular, the United States Supreme Court quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or further. For example, it is quoted every time when there is the discussion about the intent of the Framers of the Constitution because Blackstone wrote his books on common law shortly before the United States Constitution was written and many terms and phrases used by the framers were derived from Blackstone's work. Besides, U.S. and other common law courts mention with strong approval Blackstone’s formulation also known as Blackstone's ratio popularly stated as "Better that ten guilty persons escape than that one innocent suffer" — although he did not first express the principle.

 

Note:

¹Magna Carta – Великая хартия вольностей

 

3. Give the Russian for:

father of British law, to become a fellow, to be called to the bar as a barrister, to quote frequently, in particular, to go back that far (or further), to be derived from, to express the principle.

 

1. Give the English for:

основные понятия, получить образование, получить назначение директора, самый знаменитый трактат, обобщение и анализ основных принципов общего права, намерения «отцов» конституции, незадолго до, виновный, невинный.

 

1. Match the words:

basic	law
supreme	terminology
pre-revolutionary	court
strong	source
common	approval

 

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

to practice	to	the bar
to be called	in	courts
the father	from	common law
to derive	of	works
source	with	strong approval
to mention	-	the principle
to express		British law

 

7. Answer the following questions:

1. Who is said to be the “father” of British law? 2. What are the titles of William Blackstone’s works? 3. When and where was Blackstone born? 4. Where did Blackstone receive his education? 5.When was Blackstone appointed Principal of New Inn Hall? 6. What is the most famous work of William Blackstone? 7. Are Blackstone’s Commentaries popular in the USA? 8. When are his Commentaries quoted in the USA? 9. Was it Blackstone who first expressed the principle "Better that ten guilty persons escape than that one innocent suffer"?

A – 2

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

Hipperholme [”hèpå“håum], Robert Peel [“rîbåt “pi:l], Bury [“bÅrè], Lancashire [“lýíkåøå], Christ Church [“kraèst “÷Å÷], Willington [“wèlèítån], Earl Grey [“Ål “greè], Harrow School [“hýråu “sku:l].

 

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

passion, reform, opposition, administration, attack.

 

3. Analyse the structure of the following words:

under-secretary, memorable, far-ranging, parliamentary, intolerable, to oversee, underground, landowner.

4. Skim the text and point out the headlines which summarize certain paragraphs of the text; mind that there are two extra headlines:

1. The basics of reforms in medicine. 2. Adoption of Conservatism but being in minority. 3. The process of education and first steps in career. 4. The period of successful presidency. 5. Tragic end of life. 6. Second Conservative administration and new progressive reforms. 7. Years of opposition to Earl Grey.

 

ROBERT PEEL

Robert Peel was born on 5 February 1788 in Bury, Lancashire. His father was a wealthy cotton mill owner. Peel was educated first at Hipperholme Grammar School, then at Harrow School and finally Christ Church, Oxford, where he took a double first¹ in classics and mathematics. He is also believed to have briefly attended Bury Grammar School. Peel entered parliament as a Tory (conservative party) in 1809. His early political career included appointments as under-secretary for war and colonies (1809) and chief secretary for Ireland (1812). In 1822 he became Home Secretary, and introduced far-ranging criminal law and prison reform as well as creating of the Metropolitan Police - the terms 'bobbies' and 'peelers'² come from his name. His most memorable principle was, "the police are the public, and the public are the police."

It happened so that the Wellington government in which Peel had been Home Secretary fell in 1830. Peel was in opposition to a new administration, headed by Earl Grey. Peel argued passionately against Grey's proposals for parliamentary reform. Nonetheless, in 1832 the Reform Act was passed.

The Whig Government of Earl Grey was dismissed in 1834 by King William IV, who appointed Peel as Prime Minister. But Peel's Tories remained a conservative minority in the House of Commons. Peel found this situation intolerable and resigned in 1835.

In 1841, Peel formed a Conservative administration again. It was during this government that he oversaw the introduction of significant legislation such as the Mines Act of 1842, which forbade the employment of women and children underground and the Factory Act of 1844, which limited working hours for children and women in factories. In 1845, Peel faced the defining challenge of his career, when he attempted to repeal the Corn Laws which had been introduced to protect British agriculture. This was done to free up more food for Ireland, where a potato famine was raging. Landowners resisted in the House of Commons what they perceived as an attack on them. Peel's Conservative Party would not support him, and the debate lasted for months. Eventually, in June 1846, with support from the Whigs and the Radicals, the Corn Laws were repealed. On the same day Peel was defeated on another bill, and resigned. He never held office again.

Four years later, Peel was badly injured after falling from his horse and died on 2 July 1850 in London.

Notes:

¹double first – изучение двух предметов в качестве основной специальности

²bobby, peeler – разг. полисмен

 

5. Speak about the posts which Robert Peel held and reforms which he introduced.

 

A – 3

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

Denning [“denèí], Charles [“÷a:lz], Southampton [sauÒ“hým p tån], Magdalen [“mî:dlèn], Winchester [“wèn÷èstå], Whitchurch [“wè÷Å÷].

 

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

precedent, primary, mathematics, baron, statute, contribution.

3. Analyse the structure of the following words:

law-making, to reconsider, honorary, peerage, freedom, celebration.

4. Scan the text and say what fact is considered to be the turning point in the career of Tom Denning:

 

TOM DENNING

Lord Denning was perhaps the greatest law-making judge of the 20th century. He is one of the most quoted Court of Appeal judges. He was not afraid to reconsider or depart from an established precedent. Creatively using his approach he shaped appellate law whilst following his primary interest: justice.

Tom Denning was born in January 1899. His father Charles owned a shop in the Hampshire town of Whitchurch. His mother had been a school teacher. After school and after a year at the University of Oxford, he served in the First World War. He resumed his education at Magdalen College, Oxford, graduating with a First Class degree in mathematics, after which he taught mathematics at Winchester College, before returning to study law at Magdalen, again achieving a First Class degree. He was later made an honorary fellow by the college. He trained at Lincoln’s Inn, and was later a bencher of the Inn.

Denning was called to the English bar in 1923, took silk¹ in 1938 and was appointed a High Court judge in 1944. Only four years later, he was appointed a Lord Justice of Appeal, as well as a Privy Councillor², and in 1957 he became a Lord of Appeal in Ordinary with a life peerage as Baron Denning of Whitchurch in the County of Southampton. He also served as Master of the Rolls from 1962 to 1982 (presided over the Civil Division), later receiving the Order of Merit³ in 1997 in recognition of his distinguished career.

The year 1962 was the turning point in the career of Lord Denning. That was the year he stepped down from the House of Lords to a much more influential post - Master of the Rolls⁴. During his 20 years as Master of the Rolls, he could choose his own cases and the judges who were to sit with him. So on most issues, he effectively had the last word.

Not many cases went on to the House of Lords, Britain's highest court of law. But in seeking justice Lord Denning thought he had the right to change any rule of law that stood in his way. There was no need to wait for legislation. "Parliament does it too late," he argued. "It may take years and years before a statute can be passed to amend a bad law… The judge... should make the law correspond with the justice that the case requires." Tom Denning stood firm for freedom under the law. His whole life was devoted to justice.

Denning died a few months after his 100th birthday. At the celebrations of his birthday which he was unable to attend Law Society President Michael Matthews said: "He was a towering figure in the law who made an enormous contribution to the law of this century, probably the major contribution."

Notes:

¹to take silk – стать королевским адвокатом

²privy councillor - член тайного совета

³Order of Merit – Орден за заслуги

⁴Master of the Rolls - "хозяин свитков": глава государственного архива, член Высокого суда правосудия, председатель Апелляционного суда

 

5. Scan the text once again and state the facts of Lord Denning’s biography which took place in:

1899, 1923, 1938, 1944, 1957, 1962-1982, 1997, 1999.

 

B - 1

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

George With [“dæÎdæ “wèò], Elizabeth City County [è“lèzåbåÒ “sètè “kauntè], Virginia [vå“dæènèå], Stephen Dewey [“sti:vn “dju:è], Williamsburg [“wèljåmsbÅg], Thomas Jefferson [“tîmås “dæefåsn], Henry Clay [“henrè “kleè], James Monroe [“dæeèmz mån“råu], John Marshall [“dæîn “ma:øål].

2. Read and translate the text; explain your variants of translation of sentences marked with an asterisk:

 

GEORGE WYTHE

George Wythe (1726 - 1806), was a lawyer, a judge, a prominent law professor and a signer of the United States Declaration of Independence. He was the first professor of law in America, earning him the title of "The Father of American Jurisprudence." Wythe served as a representative of Virginia and a delegate to the Constitutional Convention — though he left the Convention early and did not sign the final version of the Constitution.

Wythe was born in Elizabeth City County, Virginia, and educated at home by his mother. His father died when he was three. Wythe attended the College of William and Mary but dropped out, unable to afford the fees. He read law at the office of Stephen Dewey and was admitted to the bar in 1746. He was Clerk of the committee on Privileges and Elections of the House of Burgesses in 1746, and was appointed Attorney General by the Royal Governor of Virginia in 1773.

Wythe served as mayor of Williamsburg, Virginia from 1768 to 1769. In 1779 he was appointed to the newly created Chair of Law at William and Mary, becoming the first law professor in the United States. Wythe's pupils at William and Mary included Thomas Jefferson, Henry Clay, James Monroe, and John Marshall.

Wythe was elected to the Continental Congress in 1775. He voted in favor of the resolution for independence and signed the Declaration of Independence. He also helped form the new government of Virginia and later he was elected Speaker of the Virginia House of Delegates in 1777. In 1789 he became Judge of the Chancery Court of Virginia and later designed the seal of Virginia.

Wythe, in his will, left his extraordinary book collection to Thomas Jefferson who described his mentor and friend by stating: "He was my ancient master, my earliest and best friend, and to him I am indebted for first impressions which have been the most salutary on the course of my life." ٭

 

3. Give the English for:

a signer of the United States Declaration of Independence, to sign the final version of the Constitution, to read law, to be admitted to the bar, to be appointed to the Chair of Law, political philosophy, to vote in favour of the resolution for independence, extraordinary book collection.

4. Give the Russian for:

выдающийся преподаватель права, делегат от Вирджинии, быть отчисленным из-за отсутствия возможности оплатить обучение, занимать пост мэра, Континентальный конгресс (законодательный орган будущих США во время и после Войны за независимость), подписать Декларацию независимости, стать судьёй Канцлерского суда Вирджинии, наставник и друг.

5. Say if the sentences are true or false:

1. George Wythe was a lawyer, a judge, a prominent law professor and a singer. 2. Wythe had an opportunity to sign the final version of the Constitutional Convention. 3. Wythe was educated by his father. 4. Wythe worked in the House of Burgesses up to the very end. 5. Once Wythe held the post of a mayor. 6. John Kennedy was the pupil of George Wythe. 7. The seal of Virginia was designed by George Wythe. 8. According to Wythe’s will everything should be inherited by the government.

 

 

B – 2

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

Earl Rogers [“Ål “rîdæås], Buffalo [“bàfålåu], Los Angeles [lîs“ýndæåli:z], California [”kýlå“fÎnèå], William Alford [“wèljåm “Îlfåd], Stanley Gardener [“stýnlè “ga:dånå], Perry Mason [“perè “meèsån].

 

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

autopsy, physician, minister, medical, expert, technical, expertise.

 

3. Translate the following family words:

sane – sanity – insanity, to care – care – careless – carelessness, to hope – hope – hopeful – hopeless, to defend – defense – defendant, self-defense, down – downward, up – upward.

 

4. Remember the following words:

surgeon –1) хирург; 2) военный врач

1. The surgeon who carried out the operation said it had been a success. 2. You must consult your surgeon.

to refute – опровергать

1. The lawyer used new evidence to refute the charges.

coroner – следователь, ведущий дела о насильственной или скоропостижной смерти

1.The coroner arrived at the scene of crime.

testimony – 1) показания свидетеля, 2) доказательство

1. I don’t think their testimony is reliable. 2. His testimony helped win the case.

bullet – пуля

1. Soldiers started firing bullets above the crowd.

 

5. Skim the text and correct its plan:

1. Field of specialization.

2. The most famous case.

3. Official posts.

4. Earl Rogers and literature.

 

6. Add some details to the plan.

 

EARL ROGERS

Earl Rogers was born in 1869 near Buffalo, New York and died on February 23, 1922 Los Angeles, California. He was a successful American trial lawyer. He was the son of a Methodist minister who went to California when Earl was still a small boy.

He was admitted to the bar in 1897. Rogers appeared for the defense in 77 murder trials and lost only three. He astonished medical experts on the witness stand with his technical questions. His expertise was so complete that he became a professor of medical jurisprudence and insanity in the College of Physicians and Surgeons as well as a professor at the University of Southern California Law School. In "The Case of the Grinning Skull"¹, Rogers introduced the skull of a victim to prove that what appeared to be a fracture resulting from a violent blow was, in fact, the result of carelessness by the autopsy surgeon. His client walked free.

One of the most famous cases of Earl Rogers is considered to be the case of William Alford. In 1899 William Alford shot Jay E. Hunter, one of the town’s leading attorneys. Called upon to defend Alford, the young lawyer faced a seemingly hopeless case: Alford had been armed with a pistol, Hunter - only with a cane², and Alford’s insistence that he had fired in self-defense after the attorney had struck him with a heavy stick was refuted by the coroner’s testimony that the bullet had driven downward through Hunter’s body. The trial was going against Alford when Rogers did something unusual: he called for Hunter’s intestines³ to be brought into the court. The prosecution protested, but still the intestines were brought. After that Rogers got an expert witness to confirm that in fact the bullet had traveled upward: to have followed the course it did, Hunter would have had to be bending over—undoubtedly plying his cane just as Alford had claimed. Alford went free and Earl Rogers found himself famous.

Ten years after Rogers’ death, impressed with accounts of his cases, attorney and writer Earl Stanley Gardener reincarnated Rogers as the character Perry Mason.

 

Notes:

¹"The Case of the Grinning Skull" – «Дело об ухмыляющемся черепе»

²cane - трость

³intestines - кишечник

 

7. Speak about Earl Rogers according to the plan.

 

B – 3

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

Johnnie Cochran [“dæînè “kîkrån], Simpson [“sèmpsn], Geronimo Pratt [“dæerånèmåu “prýt], Julius Butler [“dæu:lèås “bàtlå], Robert Shapiro [“rîbåt “øeèpèråu].

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

phrase, race, group, neutralization, informant.

 

3. Analyse the structure of the following words:

longtime, co-council, successful, argument, informant, involvement.

 

6. Remember the following words:

murder – тяжкое убийство (с заранее обдуманным злым умыслом)

1. He was charged with the attempted murder. 2. There were three murders in the town last month.

to persuade – убеждать

1. He persuaded me not to go there.

glove (pl. gloves) – перчатка

1. I need a new pair of gloves.

reasonable doubt – разумное сомнение

1. The prosecution has to establish his guilt beyond reasonable doubt.

robbery – разбой, грабеж

1. Two bank robberies were committed yesterday. 2. He was sentenced by the court for armed robbery.

 

5. Scan the text and say what famous people Johnnie Cochran had successfully defended:

 

JOHNNIE COCHRAN

On Thursday, March 31, 2005 there was an article in Moscow “Times” with the heading “Attorney Cochran Dies at 67”. He was known all over the world for his successful defense of football star O.J. Simpson on murder charges, the "trial of the century". It resulted in a controversial acquittal in 1955. During closing arguments in the Simpson trial, Cochran pronounced the now famous phrase, "if the glove doesn't fit, you must acquit." He used the phrase as a way to try to persuade the jury that O.J. Simpson could not have murdered his former wife, because the murderer's gloves did not fit him. According to a number of legal analyzers, the phrase was central to the trial.

Despite the Simpson victory, Johnnie Cochran was criticized for bringing up the issue of race. Cochran told the mainly black Simpson jury that police officers were trying to frame O.J. Simpson because of his race. Robert Shapiro, co-counsel on the Simpson defense team, accused Cochran of dealing the "race card". In response, Cochran replied that it was not a case about race, but a case about reasonable doubt.

The most glorious moment as a lawyer, in Cochran's opinion, was when he won the freedom of Geronimo Pratt, a former leader of BPP (the Black Panther Party), who was convicted in a Los Angeles state court in 1972 of shooting and killing a woman and wounding her husband during a robbery in Santa Monica in 1968. He has always denied involvement in the crime and maintained that he was hundreds of miles away at a BPP meeting in Oakland at the time of the murder. In 1975, US Senate hearings revealed that the BPP was a primary target of an FBI counter-intelligence program aimed at disrupting and neutralizing certain US political groups. Information obtained by Pratt’s lawyers from FBI (Federal Bureau of Investigation) files after 1979 revealed that Pratt was personally targeted for "neutralization" by FBI at the time of his arrest. Information from FBI files also indicated that Julius Butler, the chief prosecution witness who testified that Pratt had confessed to the murder, had been an FBI informant for more than two years before the trial (Butler had denied ever being a police informant when on the witness stand). Cochran considered the release "the happiest day" of his legal practice.

Johnnie Cochran was a longtime crusader¹ against police abuses, often in cases involving Afro-American clients.

Note:

¹crusader - крестоносец

Retell the text.

 

ORAL SPEECH PRACTICE

 

I. Mind your grammar when you speak

 

1. Suggest that your friend should do something:

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

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

 

2. Say that your friend should have done something:

Model: You should have spoken to her.

Prompts: to learn English, to read his report, to visit the exhibition, to do it, to write a letter to her, to speak to the investigator.

 

3. Express disapproval:

Model A: Kate didn't even write to me.

B: Oh, really! At least she should have written to you!

Prompts: John – not to send a telegram, Bob – not to wait for me, Jane – not to speak to me, Pete – not to telephone, Sam – not to answer my question, Bill – not to thank Jane.

4. Agree with your friend's statement:

Model 1: A: I know they must sign a new contract.

B: Yes, a new contract must be signed.

Prompts: to discuss his testimony; to find all the facts; to investigate this crime; to finish the article; to open the exhibition.

Model 2: A: I hear you have done it.

B: Yes, it has been done.

Prompts: they – to close the shop; he – to build a cottage; you – to receive her letter; she – to complete her work.

Model 3: A: After they had finished the discussion of the verdict, the jurors returned to the courtroom.

B: You are right. Having finished the discussion of the verdict, the jurors returned to the courtroom. (After finishing the discussion of the verdict, the jurors returned to the courtroom.)

Prompts: 1. After he had found Jim's address, Tom sent him a telegram. 2. After they had discussed the case, they began to study the documents. 3. After I had tried various topics of conversation, I asked her what her occupation was. 4. After I had inquired about the date of the trial from the clerk, I asked my lawyer if I could be awarded a redress. 5. After the investigator had read most of the documents relating to the crime, he decided to speak to the witness once again.

 

5. Say you are sorry for not having done something:

Model: A: You didn't read my note.

B: Oh, I'm really very sorry for not having read your note.

Prompts: not to do it; not to collect all the facts in time; not to translate the text; not to learn the new words; not to discuss the results of the expertise; not to study the claim.

 

II. Conversational formulas

 

Ways of asking for/giving an opinion

 

Asking for an opinion

 

What do you think about/of...? What's your opinion of...? How do you find...?

– Что вы думаете о...? – Каково ваше мнение о...? – Как вы находите...?

 

Giving an opinion

 

It's my opinion that... In my opinion... I (honestly/really) think that... I don't think you are right.

– Мое мнение таково... – По моему мнению,... – Я действительно думаю, что... – Я не думаю, что вы правы.

 

Exercises

 

1. Read and practise the following flashes of conversation, work in pairs or in groups of three:

 

A: What do you think of television?

B: In my opinion television is very helpful in getting informa­tion.

A: How do you find the last film of Mikhalkov?

B: I really think it is a masterpiece.

 

A: Don't you think that to watch TV is to waste time?

B: That's exactly my opinion.

C: But I don't think so. There are a lot of useful programmes.

 

A: What's your opinion of him?

B: He is very intelligent, I must say.

A: That's my opinion too.

2. Translate the Russian phrases in the following flash­es of conversation:

 

A: Won't it be better if we stop quarrelling and discuss the situation?

В: Именно таково и мое мнение.

 

A: Mrs. Howard, I think that our young people have too much freedom.

В: Согласна с вами, Mrs. Slow. In our times young people were more modest.

 

A: You see, по моему мнению, sport is a waste of time.

В: Я не думаю, что вы правы. Sport helps us to keep healthy and young.

3. Express your opinion on the following statements:

1. You learn more from television than from books. 2. Everyone must have higher education. 3. Science makes us wiser. 4. Reading one and the same book several times is boring. 5. Only Great Jove makes a marriage successful. 6. A child must be taught a foreign language as early as possible. 7. The proof of the pudding is in its eating. 8. Out of sight out of mind. 8. Legal profession is very important for the society.

 

III. Polylogue

 

1. Read the polylogue:

Members of the Students’ Club are hosting a very interesting personality, a fourth year student of our Academy, Yuri Shuvalov. The fact that he was invited to the meeting of the Students’ Club as a guest was a surprise for many students.

 

Victor: Dear friends, let me introduce Yuri Shuvalov, a student of our Academy …

Vera: Why, Victor, sorry for interrupting you but almost all of us know Yura! We study together.

Victor: Wait a minute, Vera; it will be a surprise to all of you. Yuri Shuvalov is the First Prize winner of the International Competition of Young Composers which was held in Vienna.

Students: What a surprise! Congratulations! We’re glad to hear it!

Yuri: Thank you, friends.

Lena: Yuri, for what musical compositions have you got the First Prize?

Yuri: I wrote a concerto for the symphonic orchestra and a ballade.

Dennis: So, Yuri, you’ll be a lawyer and a composer? That’s an unusual combination.

Yuri: But actually it’s not so unusual. In fact, if you do a bit of research, you will find judges who are composers are pretty commonplace.

Misha: Did you study to be a composer?

Yuri: I’ll correct you. Use Present Simple instead of the Past. I continue my studies in our Conservatoire. You see, my parents always wanted me to be a lawyer, because they regarded music as a hobby not a career. But to tell you the truth, while studying in our academy I began to take great interest in law. So, I haven’t yet decided whether I shall be a lawyer or a musician.

Tanya: Friends, didn’t you know that the great Russian composer Tchaikovsky not only studied law but actually graduated from the School of Jurisprudence in St. Petersburg in 1859. He worked in the Ministry of Justice as a lawyer for four years until he resigned to devote himself to music.

Yuri: There are a lot of similar examples: Georg Frederic Handel¹ a great German composer and Igor Stravinsky. Stravinsky was the most famous Russian composer of the 20^th century. I believe you read about the triumph of his ballets "The Rite of Spring”² and “Petrushka” in Paris in 1913. From the age of 17 the young man studied law at the St. Petersburg University under heavy parental pressure.

Marina: Lawyers who are composers or composers who are lawyers are not a surprise for me. Friends, do you remember the romantic fairytale of our childhood “The Nutcracker”³? This fairytale and many others were written by Ernst Theodor Amadeus Hoffman.

Vera: Yes, he was a talented writer!

Marina: And a composer. He was a composer who wrote symphonies, chamber works⁴ and operas, one of which, “Undine”, achieved considerable success.

Vera: You want to say that Hoffmann was a writer, a composer and …

Yuri: … a highly respected judge. He began his law studies in 1792 at the University of Kongsberg, graduated in 1795 and went into the judiciary. In 1800 he became a superior court judge.

Victor: What a curious piece of information!

Tanya: It really is. And I’m sure you know the name of the famous Romantic Russian poet Apukhtin.

Victor: Do you mean he was a lawyer too?

Tanya: Yes.

Victor: Oh, a romantic lawyer! That’s a remarkable fact! English and American lawyers are also romantics. I’m sure you know such a representative of romanticism in English literature as Walter Scott. He began his legal career as his father’s apprentice. And Washington Irving, the first classic of American romanticism in literature, worked as a clerk in a law office. Later he was admitted to the Bar.

Misha: And I can add to this list Robert Louis Stevenson, whose novels impressed us in our childhood. He was a lawyer by education too.

Yuri: So law and music, law and literature seemingly remote from each other, can actually be combined very successfully as concurrent careers.

Victor: Friends, I have an idea. Let’s hold a conference in our Academy devoted to the history of legal education and the contribution of lawyers to the world culture.

Students: It’s really a good idea!

 

Notes:

¹George Frederic Handel - Георг Фредерик Гендель, великий немецкий композитор

²“The Rite of Spring” - “Весна священная”, балет Игоря Стравинского

³“The Nutcracker” - «Щелкунчик», сказка Гофмана

⁴chamber works - камерные произведения

 

2. Make a report about one or two outstanding lawyers of Russia and present it to your classmates.

 

3. Act out the polylogue.

 

IV. Discussion

 

1. Lawyers are sometimes called “engineers if human souls”. To be a good lawyer it is necessary to possess knowledge from different fields of science, for example, psychiatry, psychology, medicine, pedagogic. Discuss it.

 

2. Complete the phrase: “If I feel that the profession of a lawyer does not correspond to my wishes (desires, abilities, expectations, hopes, dreams?), I shall …”

 

LISTENING

1. When Gunfighters Ruled the Streets¹ of the Wild West

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

settler – поселенец: Some of the earliest free settlers in Australia were sheep farmers

outlaw – лицо, вне закона; бандит: According to English legend, Robin Hood was an outlaw who lived in the forest and stole from the rich to give to the poor.

deputy – исполняющий обязанности, помощник: I’m acting as deputy while the boss is away.

marshal – маршал, полицейский: Marshal Dillon was the only law enforcement the territory had.

threat – угроза: Drunken drivers are a threat to road users.

obey – соблюдать, следовать: They are countries which don’t obey the rules of international law.

last – длиться: The meeting lasted two hours.

Note: ¹Ruled the streets – зд. контролировать улицы, управлять

2. Listen and choose the sentences corresponding to the text:

1. Living in the American West was not easy. 2. Several lawmen in the Old West had learned to use their weapons when they were criminals. 3. The outlaws and the lawmen in the Old West had nothing in common. 4. He was trying to arrest a man who had been drinking too much alcohol. 5. Experts on the American West often disagree about who were the most dangerous gunmen in that period of American history.

3. Listen again and answer the following questions:

1. Were there a lot of lawmen to keep order in American West? 2. What did honest people who moved to the West carry to protect themselves and their property? 3. Who was William Matthew Tilghman? 4. Did Bill Tilghman use his gun only one time as a law officer? 5. Who feared and obeyed Bill Tilghman? 6. When was Bill Tilghman shot to death?

2. Thurgood Marshall, 1908-1993: