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Unit 5 Warming Up Alternative Assessment
This activity could be used to test a vocabulary list instead of a traditional matching or blank answering test.
Have students write complete sentences using a pair of words from the list in each sentence. The sentences have to make sense and be grammatically correct, but open yourself to all possibilities when correcting, since you should look for correct use of the words, not sense per se.
Example vocabulary: chambers speculate ruined sequence moles skunk thin recurring endorsement huge
Example sentence: The Police speculated the time of the crime by looking at the clocks in the husband and wife's chambers. Grammar section Past Perfect Simple and Past Perfect Continuous Exercise 1. Peter arrived late at different places yesterday. What had happened when he arrived at each place? Example: When he arrived at the station,his train had already left.
1 the station 2 the theatre 3 the post office 4 the furniture shop 5 his friend's house 6 the football stadium
his train | already |leave the play | already |start it | already |close they | sell | the table he wanted his friend | go out the game | nearly |finish Exercise 2. Choose the correct form. Example: The office was empty when the police arrived. The robbers had left /left.
1. We had just started lunch when the telephone had rung/rang. 2. When I opened the safe,the money had disappeared/disappeared. 3. Andrew was late for school yesterday.When he got to the classroom,the lesson had started/started. 4. They waited until everyone was ready and then they had started/started the meeting.
Exercise 3. Put one verb in each sentence into the past perfect simple and the other verb into the past simple. Example: Mario felt (feel)very nervous when he first drove in Britain because he hadn 't driven (not | drive) on the left before.
1. Andrew (do) the test before,so he (find) it very easy. 2. I (not |laugh) at the joke because I (hear) it before. 3. We (leave) the restaurant when we (have)dinner. 4. When I found my wallet I (discover) that somebody (took) the credit cards out of it.
Exercise 4. Complete the sentences using the past perfect continuous of the verbs in brackets. Example: I'd been standing (stand) there for nearly a half an hour when 1 realized I was at the wrong bus-stop.
1. Maria's sister (study) at university for eight years before she finally passed her exams. 2. 'I'm really sorry I was so late last night.'' That's OK. We (not |wait) long.' 3. The strange thing was that we (just |talk) about ghosts when we heard the noise upstairs. 4. 'Robert moved from Manchester to London in 1988.''How long (he |live)in Manchester?'
Exercise 5. Join each idea in A with an idea from B.Make sentences using the past perfect continuous of the verbs in brackets. Example: 1 felt very cold because I had been standing outside for over two hours. А 1. I felt very cold because 2. I (play) tennis so 3. The children's hair was wet because 4. I (not |feel) well for weeks before 5. They (travel)all day so 6. They (drive)for about half an hour when they B realized they were lost they were very tired I finally went to see the doctor I (stand)outside for over two hours they (swim)in the sea I was feeling hot and sticky
Exercise 6. Complete the conversation. Put in the past perfect continuous of the verbs. Rachel: How was your job interview? Vicky: Awful. I felt terribly nervous. (►) I'd been worrying (I / worry) about it all week. And I was tired because (1)……………………………………….. (I / work) on my project the night before. (2) …………………….(I / not look) forward to the interview at all. Rachel: So what happened? Vicky: The woman interviewing me was half an hour late because(3) …………….. (she / deal) with an unexpected problem, she said. (4) (I / wait) ages, and I'd got even more nervous. Rachel: How did the interview go? Vicky: Well, I tried to sound confident. (5) ………………….. (I / read) a book that said that's what you have to do in job interviews. But I don't know if I gave the right answers.
TEXT 5 CIVIL LAW
Civil law – it is a statutory regulation of legal relations between autonomous, legally equal persons and legal entities in such principal areas as property, obligation (contracts, torts), family law and inheritance. The civil code defines civil law as the body of rules which regulates property rights and related non-property relations. The use of the term civil law should not be confused with its use as an alternate term for private law. Civil law systems include both private law and public law. Civil law is also called private law. It determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract. The great majority of lawyers and judges spend most of their time dealing with private-law matters. Lawyers handle most of the matters out of courts. But numerous situations arise in which a judge or jury must decide if a person’s private-law rights have been violated. These cases are called lawsuits or civil suits. Civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and non-contractual wrongful acts suffered by one person at the hands of another (torts). It also includes constitutional, administrative, industrial and maritime law. Scottish civil law has its own, broadly similar, branches. The main subdivisions of civil law are: - family law, which includes the laws governing marriage, divorce and the welfare of children; - the law of property, governing ownership and rights of employment, the creation and administration of trusts and the disposal of property on death; - the law of contract, which regulates, for instance, the sale of goods, loans, partnerships, insurance and guarantees; - the law of torts, which governs injuries suffered by one person at the hands of another, for instance, negligence, libel and malicious prosecution. Civil cases are heard in county courts and the High Court.
VOCABULARY NOTES legal adj. permitted by law; connected with, in accordance with, authorized or required by, the law: legal affairs; my legal adviser (e.g. a solicitor); to take legal action; the legal fare; a legal offence; free legal aid. Syn. lawful, legitimate, licit, valid Ant. illicit, unlawful, illicit, Illegitimate, criminal legally adv. In accordance with law: legally equal persons. Syn. lawfully legality n. the state of being legal: the legality of an act. Syn. lawfulness, legitimacy, validity legalize v. to make legal: to legalize the sale of alcoholic drinks. Syn. permit, allow, legitimize, license, sanction lawsuit n. prosecution of a claim in a law-court; case brought before a court. Syn. case, suit, dispute, trial, civil suit, private-law matter, claim prosecution n. 1. the bringing of formal criminal charges against an offender in court; 2. the prosecuting party or his legal representatives; 3. (collective) person who prosecutes, together with his advisers; defence: to start a prosecution against sm.; the case for the prosecution; to make oneself liable prosecution.
EXERCISES
Reference List
case judge civil law prosecution tort legally legal aid legal costs legal defence legal entities legal advice define property lawsuits criminal cases
1. … and assistance is available under the Green Form scheme in England and Wales. 2. If the … aided person loses his or her …, the most that he or she will normally have to pay towards … will be the contribution due under his or her … certificate. 3. The Crown Prosecution Service is responsible for the … of almost all … resulting from police investigation. 4. Criminal trials in Great Britain have two parties: the … and the …. 5. A person who needs …, assistance or representation may be able to get help with his or her … from the … scheme. 6. … are brought to court by the complaining party. 7. … - it is a statutory regulation of … relations between … equal persons and … in such principal areas as property, family law and inheritance.
Legal Terms to be Memorized
civil law цивільне право private law приватне право public law публічне право family law сімейне право property law (the law of property) майнове право contract law (the law of contract) договірне право tort law (the law of torts) деліктне право constitutional law конституційне право administrative law адміністративне право industrial law господарське право maritime law морське право civil code цивільний кодекс legal; legally; legality; legalize правовий, законний; законно; узаконювати legal relations правові відносини legal entity юридична особа legally equal persons юридично рівні особи property rights майнові права related non-property relations особисті не майнові відносини lawyer юрист, правознавець, адвокат judge суддя jury суд присяжних private-law matter приватна справа lawsuit / civil suit / civil case судова справа; цивільна справа wrongful act незаконна дія to sign a job contract підписати трудову угоду to handle a case / matter вести справу, діло to hear a case in the court слухати справу в суді rights of employment права наймання на роботу insurance страхування guarantee; to guarantee гарантія; гарантувати to suffer injury зазнавати пошкодження negligence недбалість libel наклеп prosecution ведення; виконання; судове переслідування; обвинувачення malicious prosecution навмисне обвинувачення county court місцевий суд графства the High Court Верховний суд
Additional Reading TASK 1. Read the following text and write down the Russian equivalents for the words and expressions given in bold type: Ordeal Ordeal is a judgement of the truth of some claim or accusation by various means based on the belief that the outcome will reflect the judgement of supernatural powers and that these powers will ensure the triumph of right. Although fatal consequences often attend an ordeal, its purpose is not punitive. The main types of ordeal are ordeals by divination, physical test, and battle. A. Burmese ordeal by divination involves two parties being furnished with candles of equal size and lit simultaneously; the owner of the candle that outlasts the other is adjudged to have won his cause. Another form of ordeal by divination is the appeal to the corpse for the discovery of its murderer. The ordeal by physical test, particularly by fire or water, is the most common. In Hindu codes a wife may be required to pass through fire to prove her fidelity to a jealous husband; traces of burning would be regarded as proof of guilt. The practice of dunking suspected witches was based on the notion that water, as the medium of baptism, would 'accept', or receive, the innocent and 'reject' the guilty. Court officials would tie the woman's feet and hands together and then drop her into some deep water. if she went straight to the bottom and drowned, it was a sure sign that she wasn't a witch. On the other hand, if she didn't sink and just bobbed around for a while, the law said she was to be condemned as a witch. In ordeal by combat, or ritual combat, the victor is said to win not by his own strength but because supernatural powers have intervened on the side of the right, as in the duel in the European Middle Ages in which the 'judgement of God' was thought to determine the winner. If still alive after the combat, the loser might be hanged or burned for a criminal offence or have a hand cut off and property confiscated in civil actions.
TASK 2. Answer the following questions:
1. What was the purpose of ordeal in early ages? 2. What were the main types of ordeals? 3. What did ordeal by divination consist of? 4. What did ordeal by fire have to prove? 5. In what way was ordeal by water devised? 6. What concept was at the basis of ordeal by combat?
Unit 6 Warming Up Categories
Grammar section Infinitive and –ing form
Exercise 1. Complete Robert's story using the to infinitive form of the verbs in the boxes. Robert is talking about the day he bought a second-hand car.
When I got to the garage,I managed to have a quick look at the car before the salesman came out of his office.It seemed 1 in very good condition and was worth about £1000,although the garage was asking £1400 for it.When the salesman came out,I arranged 2 the car straight away.The salesman and I got in and we drove off.I liked the car immediately and I decided that I wanted 3 it,but,of course,I didn't say this to the salesman.Instead,I pretended 4 the car very much.'
'When we had finished the test-drive and had pulled up outside the garage,I told the salesman that I couldn't afford 5 more than £750.The salesman,of course,refused 6 such a miserable little offer.He told me that he expected 7 at least £1200 for the car. I tried offering £800,£850,£875,but he wouldn't change his mind.Then I decided 8 something different.'
'I thanked the salesman politely,said goodbye,got out of the car and started to walk away.It worked!The salesman got out of the car too and hurried after me.He told me that he wanted 9 fair and was prepared 10 a reasonable offer for the car.In the end,he agreed 11 it to me for £1000.He even agreed 12 me £200 for my old car!'
TEXT 6 CRIMINAL LAW Criminal law deals with crimes – that is, actions considered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Criminal law defines these offences and sets the rules for the arrest, possible trial, and the punishment of offenders. Some crimes are also classed as torts because the victim may sue for damages under private law. Because a crime is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state, acting as the people’s representative, prosecutes the crime. Under common law (judge-made law) crimes are divided into two main categories: felonies and misdemeanours. The distinction between them is based on the crime’s seriousness and on the length of punishment. Felonies are crimes generally punishable by more than one year imprisonment. A person has the right to a jury trial when charged with a felony crime. The common law felonies include: murder, rape, burglary, kidnapping, and treason. Misdemeanours are crimes generally punishable by less than one year’s imprisonment. A person has the right to a jury trial when charged with a misdemeanour if the crime considered serious enough. Under the new system, called Model Penal Code, crimes are classified by degree. There are four degrees of crimes: first, second, third and fourth degree. First degree crimes include the most serious crimes like murder, sexual assault, and kidnapping. Fourth degree crimes include the least serious crimes like mischief. When comparing criminal law and civil law we can say that in relation to serious offences a criminal case will involve a judge and jury, whereas in civil action, the judge will normally sit alone. There is a presumption in a criminal trial, that the accused person is innocent, and it is the task of his prosecutors to produce evidence that convinces the jury of his guilt. No such presumption exists in civil actions. The Ukrainian Criminal Code is applicable to all persons who commit crimes on the territory of Ukraine as well as to Ukrainian citizens who commit crimes abroad.
VOCABULARY NOTES crime n. offence for which there is a severe punishment by law; serious lawbreaking: to commit a serious crime; the crimes of which he has proved guilty. It is the business of the police to prevent and detect crime and of the law-courts to punish crime. Syn. offence, fault, felony, misdeed, unlawful act, violation, wrong criminal n. a person who commits a crime or crimes; a person who convicted of a crime. Syn. law-breaker, offender, felon criminal adj. 1. guilty of a crime; 2. dealing with crime and its punishment: the criminal code; a criminal offender. Syn. unlawful, illegal, illicit, felonious Ant. innocent, lawful, legal, Law-abiding, right offence n. wrongdoing; crime; sin; breaking of a rule: an offence against God and man; an offence against the law; an offence against good manners. Syn. crime, fault, misdeed, wrongdoing offender n. a person who breaks a law: first offenders (found guilty for the first time and not usually treated severely); an old offender (one who has often been guilty). Syn. criminal, law-breaker, wrongdoer Ant. law-abiding person to commit (a crime) v. perform (a crime, foolish act, etc.): to commit an offence; to commit larceny. Syn. break, violate, disobey (the law) punish v. 1. cause to suffer pain or discomfort for wrong-doing; 2. to inflict a penalty for (an offence or fault): punish a man with a fine. Syn. discipline, penalize, sentence, fine Ant. forgive, free, pardon punishment n. penalty inflicted for wrong-doing: to inflict severe punishments on criminals. Syn. penalty, fine, correction victim n. person, animal, etc. suffering injury, pain, loss, etc., because of circumstances, an event, the ill-will of smb., etc.: He is the victim of his brother’s anger 9 of his won foolishness). A fund was opened to help the victims of the earthquake. Thousands were victims of the plague in the Middle Ages. Syn. injured party, sufferer, innocent Ant. assailant, attacker, guilty party, offender
EXERCISES
Reference List
criminals crimes offences a masked offender committing a crime crime victim imprisonment criminal proceedings punish offence punishment kidnapping offender criminal criminal law
1. Since … are … against the state, the state takes the initiative in prosecuting …. 2. Certain persons are treated in law, to a greater or lesser extent, as being incapable of … responsibility: people of unsound mind, drunken persons, minors and corporations. 3. It must not be imagined that because … differ from civil wrongs the same set of facts never constitute a … and a civil wrong, for … and civil law overlap at many points. 4. The object of … is to … the … or to ensure, by some means other than …, that he does not repeat his …: the object of civil proceedings is to satisfy the claim of the party injured. 5. The accused was sentenced to five years …. 6. He is conducting his first case in the court as the counsel for the …. 7. Mr. Clark is said to have given evidence in the case of …. He was a witness for the …. 8. When … tried to rob the post office, an official just threw a cup of hot tea in his face and the bandit fled. 9. The man suspected of … pleaded non-guilty.
Legal terms to be memorized
crime, criminal злочин; злочинець; злочинний to commit a crime / to break law вчинити злочин to break law / to violate law / to disobey law порушити закон offence; offender правопорушення; правопорушник offence / crime правопорушення; злочин to punish; punishment карати; покарання punishment / penalty / fine покарання; кара; штраф punishment of offenders покарання злочинців victim потерпілий; жертва innocent // guilty невинний // винний disorderly conduct протиправна поведінка possible trial можливий судовий розгляд to set the rules for the arrest встановлювати правила для арешту to sue for damages подавати позов за завдані збитки to make a decision приймати рішення to prosecute; prosecutor обвинувачувати; прокурор to prosecute the accused person порушувати судову справу проти обвинуваченої особи felony фелонія; кримінальний злочин; тяжкий злочин misdemeanour місдемінор; дрібний злочин; провина imprisonment ув’язнення to be charged with бути обвинуваченим у (чомусь) murder вбивство (умисне) rape зґвалтування robbery крадіжка; грабіж burglary крадіжка зі зломом kidnapping викрадення дитини (людей) з метою шантажу treason зрада sexual assault напад з насильницьким наміром jury trial розгляд справи судом присяжних mischief шкода civil action цивільна справа; цивільний позов presumption презумпція to produce evidence представити докази to convince the jury переконати суд присяжних
Additional Reading SELECTION OF THE TRIAL JURY TASK 1. Read the following text and write down Ukrainian equivalents for the words and expressions in bold type: The first step in the selection of the trial jury is the selection of a 'jury panel'. When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom in which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning "to speak the truth". Many of the questions the judge and lawyers ask you during Voir Dire may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision. During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason There is no limit on the number of the panel members that the lawyers may have excused for cause. The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited. Please try not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live. Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.
TASK 2. Find in the texts above the following words and expressions and match them on the left with the appropriate definition on the right.:
TASK 3. Answer the following questions: 1. What is the aim of Voir Dire? 2. What does the procedure of Voir Dire consist of? 3. What is challenging a juror? 4. What are the types of challenge? 5. Why is the number of peremptory challenges limited? 6. What aims do lawyers pursue while challenging jurors? 7. What is the number of jurors sitting on a case? 8. Who are alternate jurors? Unit 7 Warming Up
Controversial Statements
Here are some great controversial statements to get the conversation going. Use them in various ways. Give one or a few to students for pair/group discussion. Or casually toss one of these statements yourself into the conversation at an appropriate moment. Or organize a debate. A woman's place is in the home. Fare-dodging on a train or bus is ok if you can get away with it. Boys and girls should not have equal education. A foreign language cannot be taught. It must be learned. A country gets the government it deserves. A man should have a wife for the family and a mistress for pleasure. All property should be owned by the state. Murderers should be executed. Soft drugs like marijuana should be legalized. Beauty is only a matter of taste. Riches are for spending. We are all basically selfish. Punishment never has any good effect. Those who can do, those who can't teach. You will be happier if you stay unmarried. People work better if they are paid more. Committing suicide should be made legal. Royalty and democracy are incompatible.
Grammar section Modals Complete the sentences using can or could where possible.If can or could is not possible,use a form of be able to. Examples: He has been living in France for 6 months.He can speak French very well now. I'll be able to go shopping later today. 1 When Robert was younger he run quite fast. 2 Look!You see the mountains from this window. 3 Kate dance really well when she was a young girl. 4 How long have you play the guitar? 5 Look!I lift this chair with one hand! 6 I'm sorry,but I won't come to the party on Saturday. EXERCISE 36B Complete the sentences using could or was/were able to. Sometimes either form is possible. Example: Simon could/was able to read music when he was 7. 1 We put out the fire before much damage was done. 2 My daughter walk when she was only 11 months old. 3 I finish all the work you wanted me to do yesterday. 4 '(you)speak French before you went to live in Paris?' 'I (not)spec very well.' 3 They were talking quite loudly.I hear everything they said.
Robert Wells is 52 years old.Sometimes he feels that he has wasted his life. Read about Robert.Replace the words in italics with could have..., as in the example. Example: When Robert was 26 he had the chance to get married,but he decided not to. When Robert was 26 he could have got married,but he decided not to. 1 Robert had the ability to go to university,but he didn't want to go. 2 He had the intelligence to pass his final exams at school,but he didn't take them. 3 A lot of people thought he had the ability to be a professional footballer when he was younger,but he didn't try. 4 He had the opportunity to start his own business once,but he didn't want to. 5 He had the chance to emigrate to Australia a few years ago,but he decided not to.
Complete the sentences using could or was/were allowed to. Sometimes either form is possible. Example: I was allowed to see him for a few moments yesterday. 1 Andrew leave school early yesterday because he wasn't feeling well. 2 Until the 19th century,people travel freely between most countries without a passport. 3 Sue's children watch the film on TV last night. 4 Her son has to wear a uniform in his new school,but in his old school he wear whatever he liked.
(i)Mrs Woods isn't very well.The doctor is speaking to her. Complete what the doctor says using must и глаголы drink,take,stay и continue. Use each verb only once. Doctor: Well,Mrs Woods,your temperature is a little high,so you 1 in bed for the next few days.You can eat whatever you like,but you 2 plenty of liquids.And I'll give you some medicine.You 3 it three times a day after meals.And you 4 to take it for the next ten days. (ii)Now Mrs Woods is explaining the doctor's instructions to Mr Woods. Complete what Mrs Woods says using have to и глаголы drink,take,stay и continue. .1. it three times a day after meals.And Mrs Woods:The doctor gave me some medicine.I. I 2 to take it for the next ten days.I'm not allowed to get up at the moment.I, in bed for the next few days.Oh,and I'm allowed to eat whatever I like,but I 4.plenty of liquids.
Choose the correct form. Example: You've been late for work twice this week.You mustn't/needn't be late again tomorrow. 1 You mustn 't/don 't have to open the door before the train stops.You could fall out. 2 We mustn 't/don't have to hurry.We've got plenty of time. 3 We mustn't/haven't got to make any noise going into the house.It's very late and everybody is asleep. 4 You mustn't/needn't tell Nicki about the party.I've already told her. 5 You mustn 't/don't need to phone the station about the time of the trains.I've got a timetable. 6 I mustn 't/haven 't got to go now.I can stay a bit longer if you want me to.
Complete these sentences using the modal verbs in the box.Sometimes two answers are possible. must mustn't can can't needn't Examples: You needn't wait any longer,You can go now. We mustn't make a noise.We must be quiet. You must move your car.You can't/mustn't park here. 1 You mustn't leave the door unlocked.You. 2 You can only smoke in the canteen.You 3 We needn't do the washing up now.We 4 We can stay a bit longer.We go now. .lock it. _smoke in this room. .do it tomorrow. 5 You can't keep on using my tennis shoes.You. 6 You can keep those magazines.You give them back to me. .buy your own.
Complete the sentences using needn't have where possible.If needn't have is not possible,use didn't need to. Examples: Did you water the garden?''Yes,but I needn't have done (do)it.Just after I'd finished it started to rain!' I didn't need to wake (wake)her up because she was awake before me. 1 She (get up)early last Saturday,so she stayed in bed until 10 o'clock. 2 I didn't wear my coat when I went out.I wear)it.It wasn't cold. 3 He was very anxious before the exam,but he (worry).It wasn't as difficult as he'd expected. 4 She (pay)the man,but she gave him some money anyway. 5 She (pay)the man,so she didn't give him any money. 6 Thank you very much for the flowers,but you really.(buy)them for me.
Complete the advice using should or ought to; find the advice for the problems. Example:1 'I've lost my credit card.' 'You should report it to the credit card company immediately.7 'You ought to report it to the credit card company immediately.' PROBLEMS ADVICE 1 'I've lost my credit card.''I think you |sell it.' 2 'I can't wake up in the mornings.''Perhaps you |look for another job.' 3 'I'm bored with my job.''Don't you think you |apologize to them?' 4 'I've got a terrible headache.''Perhaps you |buy a new alarm clock!' 5 'I was very rude to my parents.''You |report it to the credit card company immediately. 6 'My car keeps on breaking down.''Perhaps you |take some aspirin.' EXERCISE 42B Make sentences using should (n 't)...,ought (n 't)to....should (n 't)have... or ought (n 't)to have... and the words in brackets. Example:My car is always dirty.(I |clean |it more often.) / should clean it more often./I ought to clean it more often. 1 You think your friend works too hard.You tell him/her: (You |not work |so hard.)(You |relax |more.) 2 Your friend overslept this morning and was late for work.His boss said to him. (You |buy |an alarm clock!) 3 Kate didn't feel well yesterday,but she went to work and now she feels really terrible.(She |not go |to work yesterday.)(She |stay |in bed.) 4 Mr Woods walked straight out into the road without looking.He was nearly killed by a bus.(He |not walk |into the road without looking.)(He |look |first.)
TEXT 7 ADMINISTRATIVE LAW
Administrative law is the law regulating the powers, procedures, and acts of public administration. It applies to the organization, powers, duties, and functions of public officials and public agencies of all kinds. Administrative law centers on the operations of government agencies. Administrative law ranks as one of the fastest-growing and most complicated branches of law. Administrative law concerns such spheres as communications and telecommunications, consumer protection, currency, environmental protection, interstate commerce, public safety, social welfare, taxation, worker’s wages and hours. The aim of administrative law is to attain a synthesis of public and private interests in terms of the social and economic circumstances and ideals of the age. Of the powers delegated to administrative authorities by modern regulatory statutes, four types may be mentioned: 1) the rulemaking power, or the power to issue general rules and regulations having the force of law; 2) the licensing power, or the power to grant or refuse, to renew and to revoke licenses or permits; 3) the investigatory power, or the power to require witnesses to testify and produce books, papers, and records for the purpose of acquiring the information needed for effective regulation; 4) the directing power, or the power to issue administrative orders. National, state or provincial and local governments set up many administrative agencies to do the work of government. Some of these agencies regulate such activities as banking, communication, trade, and transportation. Others deal with such matters as education, public health and taxation. Still other agencies administer social-welfare programs, such as old-age and unemployment insurance. In most cases, the agencies are established in the executive branch of government under powers granted by the legislature. Administrative law consists chiefly of 1) the legal powers that are granted to administrative agencies by the legislature and 2) the rules that the agencies make to carry out their powers. Administrative law also includes court rulings in cases between the agencies and private citizens.
VOCABULARY NOTES
administer, v. 1.control, manage, look after (a household, business affairs, etc.): to administer a country (to govern it); 2. apply, put into operation: to administer the law; to administer punishment to smb.; to administer justice. Syn. control, govern, direct, manage
administrative, adj. of the management of affairs; concerned with administration: an administrative post; lacking in administrative ability. Syn. executive, governmental, organizational, regulatory, supervisory
power, n. right possessed by, or granted to a person or group of persons: Are the powers of the Prime Minister defined by law? The President has exceeded his powers. Syn. authority, right, warrant, privilege, license
legislature, n. lawmaking body (e. g. Parliament in Great Britain) Syn. parliament, congress, lawmaking body, assembly, senate
insure, v. make a contract that promises to pay, secures payment of, a some of money in case of accident, damage, loss, injury, death, etc.: to insure one’s house against fire; to insure oneself (one’s life) for $ 5,000. Syn. protect, guarantee, provide
insurance, n. 1. (undertaking, by a company, society, or the state, to provide) safeguard against loss, provision against sickness, death, etc. in return for regular payments; 2.payment made to or by such a company, etc.: When her husband died, she received $ 20 000 insurance. He pays out $ 110 in insurance every year. 3. insurance policy, contract made about insurance. Syn. protection, guarantee, security, safeguard
EXERCISES
Exercise 1. Consult a dictionary and transcribe the following words.
administrative legislature safety insurance procedure welfare unemployment currency taxation commerce private social executive sphere environmental
Exercise 2. Find in the text international words and translate them.
Exercise 3. Study the Vocabulary Notes and translate them into Ukrainian.
Exercise 4. Select the word or word combination best suited to the context. Use the Reference List.
Reference List
legislature power insurance policy administer insured court rulings powers branch of law administrative welfare insurance powers
1. The High Court and the county courts have the … to order the pre-trial exchange of witness statements. 2. The courts have … to trace, freeze, and confiscate the proceeds of drugtrafficking. 3. The … gives the police wider powers to deal with suspected terrorists, including international terrorists. 4. Various government departments are responsible to … the criminal and law systems. 5. All public authorities must act within the … that the law allows them. 6. The Lord Chancellor is the head of the judiciary and is responsible for a number of … tribunals. 7. Mr. Black has … his house against fire. 8. He pays out $ 50 in … every year. 9. Going through the customs he had to produce his ….
Exercise 5. Find the sentences in the text containing the word combinations and phrases given below. Translate them into Ukrainian. Make up sentences with these word combinations.
to center on the operations old-age insurance complicated branch of law granted by legislature to set up administrative agencies legal powers to regulate activities court rulings to deal with such matters to carry out powers
Exercise 6. Match the words and their definitions.
banking - money, that is actually in use in a country
communication - any means of guaranteeing against loss or harm
consumer protection - organized efforts to improve the living conditions needy persons
currency - carrying of goods, persons from one place to another
interstate commerce - system of raising money by taxes safety - means of sending messages, orders, etc., as telephone or telegraph, roads, railways
social welfare - freedom from harm or danger
taxation - the act of protecting a person who uses a commodity or service
transportation - business carried on by or with a bank
insurance - trade between countries; the exchange and distribution of goods
Exercise 7. Find the Ukrainian equivalents to the following words and word combinations.
1. government agency 1. пенсійне забезпечення 2. branch of law 2. обкладання податком 3. banking 3. торгівля між державами 4. transportation 4. діяльність уряду 5. unemployment insurance 5. засоби зв’язку 6. legal powers 6. галузь права 7. taxation 7. законодавча влада 8. legislature 8. освіта 9. old-age insurance 9. банківська справа 10. interstate commerce 11. соціальний захист 12. страхування по безробіттю 13. урядова установа 14. громадська безпека 15. перевезення
Exercise 8. Translate the following words and word combinations into English or Ukrainian.
Interstate commerce; sphere; судовий розгляд; юридичні повноваження; executive branch; приватна особа; законодавча влада; social welfare; зарплата робітника і години зайнятості; захист навколишнього середовища; taxation; the rulemaking power; грошовий обіг; communications and telecommunications; the investigatory power; громадська безпека; управляти; old-age insurance; to require witnesses to testify; адміністративне право; справа; охорона здоров’я; banking; to regulate activities; to issue administrative orders; транспортні засоби; страхування по безробіттю; complicated branch of law; the licensing power.
Exercise 9. Pick up pairs of synonyms.
Commerce; to administer; administrative; power; legislature; to insure; insurance; to centre; operation; complicated; national; government; agency; to regulate; activity; to deal with; education; to establish; to testify; chiefly; court ruling; wage; sphere; welfare; currency.
Wellbeing; field; mainly; teaching; work; organization; public; action; protection; authority; to govern; trade; governmental; lawmaking body; to protect; to concentrate; difficult; administration; to control; to concern; to form; trial; payment; money; to witness.
Exercise 10. Pick up pairs of antonyms.
Complicated; employment; private; to include; fast; welfare; to regulate; safety; protection; legal.
Unemployment; to exclude; trouble; danger; illegal; insecurity; to disorganize; slow; public; easy.
Exercise 11. State if the following statements are True or False. Correct them if necessary.
1. Administrative law is the law regulating the powers, procedures, and acts of public administration. (T; F) 2. Administrative law concerns such spheres as communications, commerce, social welfare and transfers of ownership. (T; F) 3. Four types of powers delegated to administrative authorities by modern regulatory statutes may be mentioned: the rulemaking power, the licensing power, the legislative power, the directing power. (T; F) 4. The aim of administrative law is to regulate activities of private citizens. (T; F) 5. Administrative law consists of the legal powers that are granted to administrative agencies by the legislature. (T; F)
Exercise 12. Read the text. Choose the best answers.
1. Administrative law centers on … a) the operations of trade unions. b) the operations of government agencies. c) the operations of public organizations.
2. Administrative agencies regulate such activities as … a) education, taxation, torts, and child support. b) old-age insurance, unemployment insurance and adoption. c) banking, communications, trade and transportation.
3. The directing power is … a) to issue administrative orders. b) to produce books, papers and records. c) to issue general rules and regulations having the force of law.
4. Administrative law also includes court rulings in cases between … a) business corporations. b) the agencies and private citizens. c) husbands and wives.
5. Administrative agencies are established … a) in the judicial branch of power. b) in the legislative branch of power. c) in the executive branch of government.
Exercise 13. Answer the following questions on the text.
1. What does administrative law regulate? 2. What does administrative law apply to? 3. What does administrative law center on? 4. Why does administrative law rank as one of the most complicated branches of law? 5. What spheres does administrative law concern? 6. With what purpose do national and local governments set up many administrative agencies? 7. What activities do administrative agencies regulate? 8. What programs do the agencies administer? 9. Where are administrative agencies established? 10. What powers are delegated to administrative authorities by modern regulatory statutes? 11. What is the aim of the rulemaking power? 12. What is the purpose of the licensing power? 13. What is the aim of the investigatory power? 14. What is the purpose of the directing power? 15. What does administrative law consist chiefly of? 16. What does administrative law include?
Exercise 14. Match the beginning an the end of the proverbs and sayings. Find the appropriate translation given below. Comment on their meaning.
1. A clear conscience is … 1. excuses no man. 2. Don’t put … 2. a coat of mail. 3. Ignorance of law … 3. a patch upon it.
1. Не пробуй шукати виправдань, це тільки погіршує справу. 2. У кого чиста совість, тому нічого не страшно; Хто чисте сумління має, спокійно спати лягає. 3. Незнання закону не може служити виправданням.
Exercise 15. Topics for discussion.
1. Speak about spheres of administrative law. 2. Speak about the aim of administrative law. 3. Speak about the powers delegated to administrative authorities. 4. Speak about the activities of administrative agencies. 5. Speak about administrative law in general.
Legal Terms to Be Memorized
to administer; administrative; administration керувати, управляти адміністративний; адміністрація, керівництво administrative law адміністративне право administrative agency адміністративна установа administrative orders адміністративний наказ (розпорядження) public administration державна адміністрація power | authority | license повноваження /влада / ліцензія legal powers юридичні повноваження rulemaking power законотворче повноваження licensing power ліцензійне повноваження investigatory power слідче повноваження directing power директивне повноваження legislature / lawmaking body законодавча влада to insure; insurance страхувати; забезпечувати; страхування insurance policy страховий поліс old-age insurance пенсійне страхування unemployment insurance страхування по безробіттю branch of law галузь права court ruling / trial судовий розгляд; судовий процес social welfare program програма соціального захисту public official державний службовець witness; to witness / to testify свідок; свідчити to issue general rules and regulations видавати загальні правила і обов’язкові постанови consumer protection захист споживача environmental protection захист навколишнього середовища public safety громадська безпека taxation мито, державний податок trade / commerce торгівля communications засоби зв’язку worker’s wages and hours зарплата робітника і години зайнятості
Additional Reading • STEPS OF THE TRIAL TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type: Unit 5 Warming Up Alternative Assessment
This activity could be used to test a vocabulary list instead of a traditional matching or blank answering test.
Have students write complete sentences using a pair of words from the list in each sentence. The sentences have to make sense and be grammatically correct, but open yourself to all possibilities when correcting, since you should look for correct use of the words, not sense per se.
Example vocabulary: chambers speculate ruined sequence moles skunk thin recurring endorsement huge
Example sentence: The Police speculated the time of the crime by looking at the clocks in the husband and wife's chambers. Grammar section
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