Task 2. Put the following words into a proper place

Crown Prosecutor deliberate jury custodial barrister summary solicitor defend suspended accused briefed case pleads guilty not guilty retires sentenced acquitted evidence convicted verdict foreman witnesses cross-examine fined appeal

counsel for the prosecution counsel for the defence

When the __________ knows that he is going to stand trial, he asks a __________ to prepare his __________.

The information collected is then given to a _________ who will __________ him in court.

In a criminal case, the police will have their own barrister, who is known as the _______________ (2 words).

These two barristers are referred to throughout the trial as _______________ (4 words) and _______________ (4 words).

Before the trial begins, the counsels review their __________ and decide how to present their case.

Members of the __________, when required, are selected and __________ on their duties. A date for the trial is arranged.

At the beginning of the trial, the judge asks the defendant how he __________: '________' or '_______________' (2 words).

Both counsels then address the jury with a __________ of what they believe is true, and explain what the jury will hear at the trial.

The counsel for the prosecution then calls and questions __________. The counsel for the defence can _______________(2 words joined by a hyphen) these people. The defendant will also be questioned by both counsels.

At the end of the trial, the counsels summarise the facts as they see them, and the jury then __________ to __________ in private.

When the jury has reached its __________, it returns to the court and the __________ of the jury delivers it to the court.

If the defendant is found to be 'not guilty', he is __________.

However, if the jury's verdict is 'guilty', the defendant is __________ and __________ by the judge.

The defendant may have to serve a __________ sentence (in other words go to prison), he may be given a __________ sentence, or he may be __________ (or a combination of two of these).

If the defendant is not happy with the decision of the court, he is free to __________ to a higher court.

 

Task 3. Read thoroughly the information under the letter a in order to perform successfully the assignment under the letter b

a) Both libel and slander are forms of defamation, which is the communication to third parties of false statements about a person that injures or damages their reputation or character or good name.

Libel is the publication in a permanent form (for example, written, printed, pictures, caricature etc.) of a false statement which permanently damages someone’s character or reputation.

Slander is the spoken communication of statement which is untrue and damages someone’s character or reputation.

As well as an individual, a legal entity (for example, a Company) can also sue for defamation.

 

Defences are:

• Justification by truth – the truth of defamatory words is a complete defence to an action for libel or slander.

• Fair and bona fide (or in good faith) comment - must be based on true facts or a fair and bona fide statement in matters of public interest.

• Privilege – includes statements made during Parliamentary proceedings, Judicial proceedings etc.

 

Defamation is the one civil action for which a jury is nearly always granted, and the jury not only reaches a verdict but also sets the level of damages, including recent awards of over one million pounds.

In view of the considerable costs involved, suing for libel in England has often been called ‘a rich man’s game’.

 

b) What is your professional advice about each of the following cases, and what are your reasons for giving it? Is there any defence available, and what would be the likelihood of winning or successfully defending an action in each of these cases?

 

1. You act for a client who is believed to be a successful criminal. Although the police have never caught him, he is well known by the public and his wealth and lifestyle are often reported in the newspapers.

A newspaper decides to publish an in-depth feature about your client producing evidence about how he has become so rich. It links him to criminal activities including Internet fraud.

Your client wants to sue for defamation.

What is your advice?

 

2. You act for a Member of Parliament. In Parliament one day the MP accuses a Government Minister of receiving a large sum of money for agreeing to give a construction company an important contract.

This accusation is widely reported in the newspapers and on TV.

The Minister threatens to sue for defamation.

What is your advice to your client?

 

3. You act for the Managing Director of a small but expanding company.

In an internal e-mail that was sent from one colleague to another in the company the MD was blamed for the loss of an important contract that was very important to the expansion of the company.

Unfortunately, the e-mail was later forwarded to everybody in the company.

Your client is very unhappy with this public criticism and wants to sue the member of staff who originally sent the e-mail for defamation.

What is your advice to your client?

 

4. You act for a famous actor.

At a party attended by many other famous celebrities, your client tells a group of people that he has heard that his leading actress in the film he is making is having a baby and the father is not her husband.

The news reaches the producers of the film and they decide to cancel the film completely.

The actress is not pregnant and decides to sue your client for defamation.

What is your advice to your client?

 

5. You act for a high-profile multinational fast food company.

One day a group of environmental activists hand out leaflets outside one of the branches of your restaurant criticising your employment policies.

Your clients consider that they are fair employers and want to sue some of the activists personally.

What is your advice to your clients?

Task 4. Read the letter below that a solicitor has written on behalf of a client. Some parts of the letter are much too informal, although the layout of the letter is correct. Replace the informal words, which have been underlined, with a more formal word or phrase suggested below

property compensate you I understand prohibits this A further significant point

recover this amount from them allege that they have breached their contract with you

subletting have strong grounds for starting legal action

retaining part of the deposit paid by Mr and Mrs Forbes

 

Linton and Gargery

Fitzgerald House

Taunton TN3 4DQ

1 April 2008

Mr Paul Meadows

The Old Rectory

Taunton

TNI1AA

 

Dear Mr Meadows

 

Holiday Let

I am writing with further information about the argument you are having with Mr and Mrs Forbes, who rented your cottage in the Lake District over the summer.

(1) I think the situation is that Mr and Mrs Forbes were staying at your (2) house, Wordsworth Cottage, for July and August and following a subsequent inspection, you now (3) accuse them of not obeying the contract they made with you. I have now had the opportunity to check over the contract very carefully and I think, based on what you have told me, that you do (4) have a good reason to take court action against them unless they (5) pay you some money for what they have done.

The most serious issue seems to be that a room in the cottage was let by Mr and Mrs Forbes to a friend of theirs for the entire period in question and that they collected a total of £ 800 in rent for this. I see in clause 2.5 of the let agreement that (6) renting out a room to someone else is expressly forbidden and I think that we would have little trouble persuading the judge that you should be able to (7) get back this money from them.

(8) Another very important thing is that the Forbes seem to have kept a pet on the premises and clause 5.1 (9) says they can't do it. As you tell me that the house is now in need of thorough cleaning I suggest that this is a simple matter of hiring a cleaning service to come in and (10) keeping some of the money that the Forbes gave you in case of damage to pay for it.

I hope that this matter can be brought to a close soon and without too much complication.

I look forward to hearing from you soon

Yours sincerely

 

Martin Willoughby

 

Task 5. Make a written annotation to the letter in Russian

 

Аннотация представляет собой сжатое описание материала и ставит своей целью дать читателю представление о том, что сообщается в первоисточнике. Автор аннотации дает лишь общее представление о содержании оригинала, отмечая важнейшие позиции, но не раскрывая их сути.

Task 6.

a) Writing independent assignment:

“People’s loyalty to political parties and political leaders significantly hinders their ability to form their own opinions about an issue.”

Discuss the extent to which you agree or disagree with the opinion stated above. Support your views with reasons and/or examples from your own experience, observations, or reading.

or

b) Writing independent assignment:

“Government should place stricter limits on the ability of businesses to invade citizens’ privacy through telemarketing, e-mail, advertising, collection of personal information on consumers, and so on, even if those limits affect businesses’ profitability and competitiveness.”

Discuss the extent to which you agree or disagree with the opinion stated above. Support your position with reasons and/or examples from your experience, observations, or reading.