The Foundation of British Law: Habeas Corpus Act 


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The Foundation of British Law: Habeas Corpus Act



Let the Body Be Brought...

jail in prison acquitted similar violently punishment diet treatment statute justice harsh brought warrant

 

In Britain, the United States and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held _______ without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so _______ that he arrested her, and a local ______ of the peace committed her to _______.

When she was finally _______ to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. She had been put on a _____ _____ of bread and water, forced to sleep on the bare earth, stripped, and given 50 lashes. Such ________ was barbaric even by the ______ standards of the time; what made it worse was that Mrs. Robinson was pregnant.

Public anger was so great that she was _______ the constable who had arrested her without а _______ was himself sent to prison. And the case, along with other ________ cases, led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British _______ books.

Ex. 1. Choose the best way to complete the sentences.

1. The English word “law” refers to...

a) development of institution of behaviour;

b) limits upon various forms of behaviour;

c) discernment in main claims for forms of behaviour.

2. Law can be defined as...

a) a set of rules which form the pattern of behaviour of a given society;

b) a body of abstract rules of a particular society;

c) concept of common sense.

3. Law acts as...

a) product of social and historical forces;

b) hallmark of civilized society;

c) standard of conduct and morality.

4. The study of a legal process is...

a) the study of how decisions are made;

b) the operation of court system;

c) the influence of a society upon individual citizens.

 

5. Each rule which we call a law is a part of...

a) the whole which we call the law;

b) a completely new subject;

c) the obvious question: what is law?

 

Ex. 2. Mark the statements which are true.

1. In all societies relations between people are regulated by government.

2. Functions of law seek to promote and achieve a broad range of social objectives.

3. There is a definite distinction between man-made law and moral precepts.

4. In man’s capacity to legislate against his own defects one can discern his claim to stand above the animal level.

5. The spheres of law embrace all forms of production, distribution and exchange.

6. Law enacts the legal status of citizens and the activity of the state mechanism.

7. Law embraces the measures for combating encroachment on the state system.

8. The laws of the country are common rules enforced by the government.

9. Law is based upon long observation of different people in different situations.

10. The general nature of the law is that it is enforced equally against all members of the nation.

 

Ex. 3. Complete the following sentences by adding the phrases given in part B.

Part A Part B
1) In all societies relations between people... 2) Law can be defined as a set of rules which... 3) Law serves to order and regulate... 4) The functions of law seek to promote and achieve... 5) The student of law is concerned with... 6) The study of a legal process is... 7) Law fixes the forms of... 8) Law lays down the measures for... 9) Each rule which we call a law is a part of... 10) Lawyers generally speak of law and laymen... 11) Law covers … 12) The laws of a country are … a) all the spheres of production, distribution and exchange. b) separate, distinct, individual laws. c) are regulated by laws. d) form the pattern of behaviour. e) the affairs of all “persons”. f) a broad range of social objectives. g) the questions of relationships between citizens and the state and between states. h) the study of how the decisions are made. i) administration and constitutional system. j) combating encroachment on the state system. k) the whole which we call the law. l) more often of laws.

 

 

Ex. 4. Speak on the essence of Law. Include the following points.

1. Law is the highest achievement of civilization: to refer to; to appear; various forms of behaviour; to be regulated by laws; to define as a set of rules; the pattern of conduct; to legislate against one’s own defects; to discern one’s chief claim; to stand above the animal level.

2. Functions of law: to serve; to regulate the affairs; to act; individuals; governments; a standard of conduct; morality; to seek; to promote; to achieve; a broad range; social objectives; a vague distinction; man-made law.

3. Spheres of law: to operate; to prove; to be quite extensive; to embrace all the spheres; of production; distribution and exchange; to fix the forms; the constitutional system; to determine the legal status; the existing property relations; to lay down the measures of combating encroachment.

4. Law and laws: to point; different aspects; to approach legal science; separate; distinct; individual rules; to analyse as separate rules; to order one’s conduct; the mere sum of rules; to call a law; law as a system; law as enactments.

III. Translate the following text into English.

Драконт

Драконт (Draco [dreikou]) – афинский законодатель, чьи крайне суровые (severe) законы предусматривали только одно наказание – смерть (death penalty) – за незначительные нарушения и тяжкие преступления, совершенные в Афинах (Athens). Его имя теперь связывают со всем жестоким (ruthless) и безжалостным – “драконовские (draconian) меры”, “драконовы законы”, “драконовский кодекс”.

Кодекс Драконта, который принято датировать 621 г. до н.э., не был первым записанным сводом (written code) афинских законов, но он, возможно, был первым всеобъемлющим (all-embracing) кодексом или переработкой предыдущих законов.

Позднее Солон отменил драконтовы законы и издал новые, оставив лишь прежнее наказание за убийство (homicide).

 

IV. Read the dialogue, reproduce it a) abridged, b) in the form of a monologue.

Dialogue 1. Never Leave till Tomorrow …

Mary: Are you doing anything tonight, Heather? Why don’t we go to the concert? Your favourite jazz is playing.

Heather: Thanks. That would be great. But the trouble is I have to prepare a report for the conference. It’s due1 tomorrow.

Mary: You surprise me! As far as I remember you got this assignment several weeks ago.

Heather: Yes, I know. You see, the theme of the report seemed easy at first and I thought it wouldn’t take me long.

Mary: What is it about?

Heather: About the legal heritage of Greece.

Mary: Was it your choice?

Heather: Well, I am interested in history, you know. The historical development of legal system seems appealing. And I decided to start with Greece. The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Besides they thought that laws were made by the people for the people.

Mary: By the way, have you heard the name Draco?

Heather: No, but why? What has it to do with the legal heritage of Greece?

Mary: Draco was a Greek and lived in the 7th century B.C. And it was Draco who drew up Greece’s first written code of laws. And according to this code death was the punishment for the most offences.

Heather: Oh, I see why the term “draconian” is usually applied to extremely harsh measures.

Mary: Will you mention the concept of “natural law” in your report?

Heather: I don’t know much about it. Only that it was based on the belief that certain basic principles are above the laws of a nation.

Mary: And you should say that they arise from the nature of people. That’s why the term “natural law” appeared.

Heather: I need to put all my thoughts on paper and make them clear, logical and interesting.

Mary: You’ll manage, you’ve got a night ahead. I won’t keep you any more. Good luck.

Heather: Thanks.

Notes:

1. It’s due..... – Это должно быть...

 

Ex. 1. How is the following expressed in the dialogue?

1. suitable to be chosen

2. to come into being, to appear

3. something which is passed down over many years within a family or nation

4. crime

5. to invent

6. task

7. cruel

8. to make a strong request for help, support

Ex. 2. Give Russian equivalents to the following:

1. to develop a concept of law

2. religious beliefs

3. laws were made by the people for the people

4. to draw up

5. punishment for most offences

6. extremely harsh measures

7. lawgiver

8. to be eligible

9. to appeal government decisions

10. basic principles

 

Ex. 3. Present the information from the dialogue making use of the following verbs.

To ask, to get interested in, to mention, to stress, to add, to make smth. clear, to agree, to disagree, to state, to underline, to remind, to wonder, to admit, to advise, etc.

 

V. S tudy the dialogue between a British and an overseas law student.

 

Dialogue 2. At Oxford Law School

Pavel: Frankly speaking, I can’t get used to the fact that I have to compare all the time the peculiarities of at least two different legal systems. Павел: Откровенно говоря, я не могу привыкнуть к тому, что вынужден все время сравнивать особенности, по крайней мере, двух различных правовых систем.
George: What exactly do you find unusual? Джордж: Что именно ты находишь необычным?
Pavel: For example, a judge is capable of “making law”. I can’t understand it though I do know that our systems are based on different legal principles. Павел: Например, судья может создавать закон. Я не могу это понять, хотя я действительно знаю, что наши правовые системы основаны на различных правовых принципах.
George: Yes, a judge must create a new law when an Act of Parliament makes no provision and there is no existing precedent for the case under consideration. Джордж: Да, судья должен создать новый закон, когда нет постановления Парламента и нет прецедента по рассматриваемому делу.
Pavel: Don’t you want to say that the role of Common Law is greater than that of Statutory Law? Павел: Не хочешь ли ты сказать, что роль общего права более значима, чем роль cтатутного права?
George: No, I wouldn’t say that. But Common Law still remains the basis of Law. But as to continental codes they get out of date too often. Джордж: Нет, я бы так не сказал. Но Общее право все еще остается основой права. Что касается континентальных кодексов, то они слишком часто устаревают.
Pavel: Yes, life changes, it dictates new rules and that’s why the laws must also change not to become outdated. Павел: Да, жизнь меняется, она диктует новые правила. Вот почему законы должны тоже меняться, чтобы не устаревать.

 

Ex. 1. Find English equivalents to the following.

Создавать, существенная черта, рассматриваемое дело, быть способным что-то делать, привыкнуть, необычный, понимать, стоить чего-то, постановление, по крайней мере, быть основанным, следовать чему-то, ответственность, устареть, особенность.

 

VI. Translate into English.

Закон  
Закон – нормативный акт, принятый высшим представительным органом государственной власти либо непосредственно референдумом. Закон регулирует наиболее важные общественные отношения. Он обладает наибольшей юридической силой по отношению к нормативным актам всех иных органов государства. В то же время Закон может отменить любой иной нормативный акт. Любой правовой акт, противоречащий Закону, должен признаваться недействительным. Законы подразделяются на конституционные и обыкновенные. Обыкновенные законы считаются принятыми, если за них подано более 1/2 голосов депутатов. Эти законы делятся на кодификационные и текущие. К числу кодификационных относятся основы законодательства государств, кодексы. Текущие законы регламентируют различные конкретные вопросы политической, хозяйственной и социально-культурной жизни общества. normative   directly referendum     annul   inconsistent (with) void   ordinary   codified, current   fundamentals   regulate

 

 

GRAMMAR SECTION

Grammar to be revised: English Tenses (Active Voice).

Ex. 1. Complete the questions put by Mr Brown to his son using the Indefinite Tenses. Give possible answers. Work in pairs.

1. Well, my boy, _______ you (to know) anything about the legal system of Great Britain?

2. What ______ (to be) almost unique about the English legal system?

3. Where ____ a person (to go) when he 4) ___ (to have) a legal problem?

4. I wonder how many solicitors and barristers there ___ (to be) in Britain.

5. What kind of problems _______ a solicitor _____ (to deal with)?

6. Who _____ (to advise) you on legal matters of all kinds?

7. How _______ you (to qualify) as a solicitor?

8. When _______ a person (to start) a business of his own if he _____ (to want) to work as a solicitor?

9. What _____ (to be) barristers experts in?

10. What examinations ______ a person (to take) to qualify as a barrister?

11. _______ barristers (to have) public offices in any streets? Where ____ they (to work)?

12. Who _______ you usually (to ask) to appear for you and argue your case if the defence _____ (to be) to be heard in a Magistrate Court and in a Higher Court?

13. Who _____ (to have) the title of Queen’s Counsel and who _____ (to bestow) it?

14. When _______ the British government (to eliminate) the distinction between barristers and solicitors? Prove your idea.

 

Ex. 2. Translate the sentences containing used to + infinitive, would + infinitive into Russian. Take into account their meaning.

1. Until the mid-18-th century teaching of law used to be academic rather than professional.

2. Those reading the law used to live in the chosen Inn of Court.

3. Attorneys or advocates used to spend their days milling about the courts.

4. For 600 years ordinary people rather than professional judiciary used to keep the judicial process for keeping the peace.

5. In the middle ages a King and later his Chancellor used to accept petitions for equitable relief.

6. Mr Bush used to investigate the most serious crimes when he was working as an investigator.

7. The three Royal Courts would sit at Westminster even in the absence of the king.

8. At one time solicitors were general practitioners who would refer to experts in particular fields of law.

 

Ex. 3. Combine two simple sentences into a complex one with the subordinate clause of time or condition:

Model: First he’ll gain some experience as a house counsel. Then he’ll start his own practice (when).

– He’ll start his own practice when he gains some experience.

1. You must prove the guilt of the suspect. You will win the case. (if)

2. First you must spend two years as an articled clerk. Then you’ll become a solicitor. (after)

3. The attorney will prepare the necessary documents. He’ll send the copy to the client. (as soon as)

4. “Sir, you do not know it to be good or bad. Only the judge can determine it”. (till)

5. Please, don’t touch anything. The police will be here in no time. (before)

6. The counsel will not preserve the client’s confidence. He discloses his secrets. (if)

7. He will succeed, I think. He devotes much time to the development of his own practice. (in case)

8. He studies well. His legal education will probably last about five years. (providing).

 

Ex. 4. Use either the Present Continuous or the Present Simple:

1. The Law Society _____ (to regulate) the conduct of solicitors in England.

2. What kind of law (you/to practice)?

3. – What (the attorney / to do) at present? – He _______ (to study) the particulars of the case.

4. I (not to believe) your evidence! You ______ (to lie)!

5. Legal service costs _______ (to increase) permanently due to inflation.

6. Attorney rarely _______ (to discuss) with their clients the possibility of losing the case.

7. (You/to know) what conveyancing (to mean)? – Conveyancing _______ (to mean) making all the legal arrangements for the buying and selling of land, houses and other buildings.

 

8. The lawyer _____ (to serve) effectively as an advocate only if he ____ (to know) all that his client ____ (to know), concerning the facts of the case.

9. (You / to know) if the number of lawyers _______ (to increase) or _______ (to decrease) in the country nowadays?

 

Ex. 5. These are Mary’s notes for Monday. Say, what her plans are using the Present Continuous.

Model: 9 a.m., Monday. The lecture on criminal law. (attend)

She is attending the lecture on criminal law.

11 a.m. The pool. (swim)
1 p.m. Lunch. (to have)
3 p. m. Preliminary investigation. (to watch)
5 p.m. Tea with the friends. (to have)
6 p. m. The seminar on administrative law. (to take part)
8 p. m. The English language laboratory. (to work)
10 p. m. Some detective novel. (to read)

 

Ex. 6. Insert the proper forms to express the future actions.

1. The Government has been in the past and _____ in the future a major consumer of legal talent (to be).

2. This argument _____ the judge (not/to convince).

3. I don’t trust this juror. I _____ him (to challenge).

4. He’s a practitioner with long experience. I am sure he ______ the case (to win).

5. Jack is in trouble and needs a legal backing. – I know. I ______ his matter tomorrow (to discuss).

6. I’ve decided to retire from the Federal Agency. – Have you? What _____ you (to do)?

7. Did you send him a summons? – Oh, I’m sorry. I completely forgot. I ____ it now (to do).

8. Can I get your opinion on the case today? – No, you _______ it tomorrow (to get).

9. What you ______ (to do) at 11 tomorrow? – We ______ (to have) a seminar on civil law at this time.

10. In the afternoon I ______ (to take part) in some preliminary investigation.

 

Ex. 7. Make up sentences in the Present Perfect using the given verbs. Mind the words of time indication.

1. Much (to happen) in the science of law during the past decades.

2. Both common law and civil law schools (to find) a better balance between theory and practice lately.

3. Civil law faculties (to recognize) the importance of practical work.

4. Legal education (to become) less general and more professional in recent years.

5. A number of law faculties (to institute) various reforms and experimental changes.

6. The shape of legal profession (to change) greatly and more and more solicitors specialize in only one or two fields of law.

7. A barrister is a lawyer who (to reach) a professional standard accepted by the Council of Legal Education.

8. Once a person (to pass) the law examinations of the Council he becomes a member of one of the four Inns of Court and is called to the Bar.

9. For centuries the Inns of Court (to be) the training institutions and professional societies for barristers.

 

Ex. 8. Make up questions with “ How long?” and “ When? ” using the Present Perfect, the Past Indefinite or the Present Perfect Continuous.

Model: He is a judge.

How long has he been working as a judge?

When did he start working as a judge?

1. The University of Law trains lawyers for the country.

2. Common Law system applies the doctrine of precedent.

3. Common Law is the basis of the procedure.

4. I am investigating a computer theft.

5. The barrister is arguing his client’s case before the court.

6. Dr Smith gives lectures at the Law Department.

7. He is busy now. He is taking part in questioning.

 

Ex. 9. Answer the questions using the time indication words suggested in brackets; change the tense forms accordingly.

Model: ¾ When did you last speak to your advocate? (for ages)

— I haven’t spoken to him for ages.

1. When did he last investigate a murder? (for years)

2. When did the Bar last admit new members? (since June)

3. When did you last give evidence to the court? (for many years)

4. When did Steve Williams last violate the Rules of Professional Conduct? (for ages)

5. When did this attorney last lose a case? (in a long while)

6. When was this patrolman last on duty? (for the last few days)

7. When did you last deal with a common law action? (since last year).

Ex. 10. Use to be, there + be or to have in the correct form:

1. In most countries ____ only one legal profession.

2. This means that all lawyers ____ roughly the same professional education leading to the same legal qualification.

3. In England the system ______ different.

4. Solicitors and barristers ______ both qualified lawyers, but they ______ a different legal training, and once they ______ qualified they usually do different types of legal work.

5. This ______ why it is said that ______ two “branches” of the legal profession.

6. English lawyers ______ either solicitors or barristers.

7. They cannot ______ both at the same time, but it ______ possible for a solicitor to become a barrister and for a barrister to become a solicitor.

8. Legal executives ______ no rights of audience, but can appear in front of a judge on uncontested matters.

9. The legal profession as such ______ never been popular.

 

Ex. 11. Use the correct form of the verbs in the Active Voice.

1. The lawyers never (to tell) one another the professional secrets of their side of the case and they must always try as hard as they can whether their professional opponents (to be) people they (to like) or (to dislike).

2. Not everybody (to have) anything to do with the law, and a lawyer who (to represent) defendants in criminal cases is often asked, “Why you (to defend) somebody if you (to know) he (to be) guilty”?

3. The answer (to be): anyone who is charged with the crime and who (to deny) being involved in it must have a fair trial.

4. If a person (to ask) to defend him, the lawyer (to use) all his knowledge and skill to present his client’s case in the best possible light.

5. After hundreds of years, times (to change) now and specially qualified solicitor advocates (to appear) in the High Court and in the Crown Court.

6. In simple cases the solicitor usually (to leave) the barrister to get on with the case in court on his own; in more difficult cases, the solicitor (to sit) behind the barrister in court and (to assist) in the presentation of the case.

7. In the next few years it is expected that the government (to press) the Bar Council to allow barristers to deal with the public directly.

8. – How long you (to prepare) for the case hearing?

– I (to begin) this work some days ago, and I hope that I (to do) everything by tomorrow.

 

Ex. 12. Translate into Russian.

1. It was not until I sued on the breach of contract that my neighbour agreed to repay damage.

2. We have discussed the variant when parties don't sign any contract. Let's now consider what happens when they do sign a contract.

3. It is usually family members who are concerned with registering the death, paying the dead person's debts and tax liabilities and acquiring the property.

4. It is the writing with your signature on it which will be binding, not the oral promise made before the signing.

5. It is not unlikely that the reason for company winding up is its bankruptcy.

 

Ex. 13. Translate the sentences into English.

1. Важно решить, в какой области права вы хотите специализироваться.

2. Солиситоры часто выступают не только в судах низшей инстанции, но и в высших судах.

3. Английские солиситоры добились значительного успеха в расширении своих прав, и поэтому существует надежда, что в будущем англичане отменят старую систему.

4. Сейчас нет необходимости для барристеров работать только в конторах адвокатов.

5. Профессия юриста чрезвычайно популярна в современном обществе.

6. Если человек решил стать юристом, ему нужно быть терпеливым и трудолюбивым.

7. Вам нужно сдать множество профессиональных экзаменов и обрести опыт.

8. Много изменений произошло в профессии юриста за последнее десятилетие.

9. Адвокатская практика дает возможность представлять интересы клиентов в суде.

UNIT 3

CRIME

Практические занятия – 12 часов.

Внеаудиторная самостоятельная работа – 14 часов.

Key vocabulary

treason – государственная измена

tax evasion – уклонение от уплаты налогов

perjury – дача ложных показаний под присягой

counterfeiting – подделка

sedition – призыв к мятежу

fall short – не дотягивать, не хватать

rebellion – восстание, бунт, мятеж

mayhem – нанесение увечья

premeditated – предумышленное

manslaughter – непреднамеренное убийство

kidnapping – похищение людей с целью выкупа

rape – изнасилование

larceny – воровство, кража

embezzlement – хищение, присвоение чужих средств

forgery – подлог, подделка документов, банкнот

hijacking – захват транспортного средства

robbery – ограбление

burglary – кража со взломом

arson – поджог

trespass – нарушение границ, права владения

mugging – уличное ограбление

malice – злой умысел

decency – приличие, благопристойность

bigamy – бигамия, двоебрачие

obscenity – непристойная брань

harassment – домогательство, приставание

vagrancy – бродяжничество

felony – тяжкое преступление

confinement – заключение

shoplifting – магазинная кража

misdemeanor – преступление небольшой тяжести

 

I. Read the text and translate it into Russian.

What’s a Crime?

A crime is an offence against the whole society; it is a wrongful act or omission, serious enough for the wrong-doer to be punished by the rest of the community. Criminal behaviour is seen as sufficiently serious or deviant or immoral for the majority of society to ban it. Public opinion is not set for all time and legislation reflects changing habits and norms. Moreover, new forms of potentially criminal activity arise, and the courts respond to those too.

Criminal law in the widest sense covers a multitude of activities and sins – from murder, rape, arson, theft and damage of property to the less overtly criminal matters of careless motoring, selling unfit food or serving alcohol to a teenager. The principal areas of Criminal law are offences against persons and offences against property. Offences against persons can be fatal and nonfatal. The former deals with homicide (killing of a human being by a human being) which falls into three categories: murder (premeditated unlawful killing of another), manslaughter, infanticide. The latter covers such crimes as assault and battery, wounding and grievous bodily harm, sexual offences (rape and others), kidnapping.

Offences against property include: theft, robbery, burglary, blackmail, arson, forgery and counterfeiting.

They distinguish a group of the so-called inchoate offences: aiding and abetting, incitement, conspiracy, and attempt.

There are offences which affect the secrets of the state or international in character: piracy and hijacking, treason, terrorism.

There are a number of offences concerned with obstructing justice: perjury, assisting offenders, concealing, refusal to assist a police officer, contempt of court.

There are also road traffic offences.

As for the classification of crime the Criminal Law Act 1967 introduced the concept of “arrestable” and “non-arrestable” offences, thus abolishing the old distinction between felonies (serious crimes) and misdemeanours (minor offences).

An arrestable offence is one for which no specific arrest warrant is required; a police officer can arrest without a magistrate’s warrant for a suspected crime carrying a maximum of five year imprisonment or where the penalty is fixed by law as is in the case of murder, treason and piracy with violence.

Another way of classification is by the manner of trial. Criminal offences may be divided into two main classes: indictable offences, and offences punishable on summary conviction before magistrates (summary offences). Indictable offences are tried by a jury. They therefore may be generally regarded as serious ones and summary cases as less serious or minor.

Two essential concepts in the operation of the Criminal Law are those of actus reus and mens rea.

Actus reus means the “guilty action”, mens rea – ‘guilty mind'. In other words it must be shown that the accused has committed an act or omission which is criminal in nature. Secondly, it must be shown that he intended to commit an offence (though it may not always be a matter of deliberate intention – inattentiveness, recklessness or some other state of mind will suffice to constitute mens rea).

Thus actus reu is, approximately, the physical element of crime, mens rea is the mental element. A conviction cannot be secured unless it is shown that both factors were present.

It is for the prosecution to prove mens rea and actus reus beyond reasonable doubt; 1 the burden of proof 2 lies upon the Crown.

Notes:

1. beyond reasonable doubt – вне всяких сомнений

2. the burden of proof – бремя доказательства

 

Ex. 1. Pair the verbs in column A with a suitable phrase in column B.

A B
1)accuse someone a) in cold blood
2)arrest someone b) into custody
3)ban c) a witness
4)break d) telephone boxes
5)charge someone e) for armed robbery
6)commit f) a prison sentence
7)cross-examine g) a case
8)hijack h) with murder
9)hold up i) smoking in public places
10)murder someone j) of shoplifting
11)pinch k) the alarm
12)serve l) a crime
13)sound m) some money
14)take someone n) a plane
15)try o) the law
16)vandalize p) a bank

 

 

Ex. 2. Match the offences to the correct definition.

1) Arson a) is taking a person away by force and keeping him as a prisoner, usually in order to demand money for his safe return.
2) Assault b) is the serious crime of stealing large amounts of money from a bank, a shop or a vehicle, often using force or threats of violence.
3) Blackmail c) is the crime of copying things such as banknotes, letters, official documents, etc. in order to deceive people.
4) Burglary d) is killing a person by accident or negligence.
5) Embezzlement e) is forcing someone to have sex with you.
6) Forgery f) is the crime of deliberately setting fire to a building.
7) Fraud g) is taking control of an aeroplane, train, etc. by force, usually in order to make political demands.
8) Hijacking h) is killing a person deliberately.
9) Kidnapping i) is demanding money or favours from someone by threatening to reveal a secret about him which, if made public, could cause the person embarrassment and harm.
10) Libel   j) is deliberately taking goods from a shop without paying for them.
11) Manslaughter k) is stealing money that is placed in your care, often over a period of time.
12) Murder l) is the crime of getting money from someone by tricking or deceiving him.
13) Rape m) is the crime of physically attacking someone.
14) Robbery n) is printing or publishing something which is untrue and damages another person's reputation in some way.
15) Shoplifting o) is the crime of breaking into a house, a flat, etc. in order to steal things.
16) Theft p) is the crime of stealing.

 

Ex. 3. Match each word in the box to a suitable definition.

assassination; bribery and corruption; drug trafficking; hit and run; looting; misconduct; mugging; perjury; pickpocketing; pilfering; slander; smuggling; terrorism; treason; trespassing; vandalism

1. is bad or improper behaviour by a person in a position of authority or trust, such as a doctor, dentist, police officer, etc.

2. is stealing things from people’s pockets or handbags, usually in crowds or in public places.

3. is saying something untrue about someone with the intention of damaging his or her reputation.

4. is deliberately damaging public buildings and other public property, usually just for the fun of it.

5. is offering money or gifts to someone in a position of authority, e. g. a government official, in order to persuade him to help you in some way.

6. is the crime of lying in court while giving evidence, when you have promised to tell the truth.

7. is the crime of taking things or people illegally into or out of the country.

8. is murdering a public figure such as a king, a president, etc.

9. is entering privately owned land or property without the permission of the owner.

10. is attacking someone, usually in a public place, in order to rob him or her.

11. is trading in illegal drugs such as heroin, cannabis, cocaine, LSD, etc.

12. is the crime of betraying your own country by helping its enemies.

13. is stealing small amounts of goods or things of little value, often over a long period of time.

14. is a car accident in which the guilty driver does not stop to help.

15. is the use of violence such as murder and bombing in order to obtain political demands or to influence a government.

16. is stealing from shops, buildings, etc. left unprotected after a violent event or a long period of time.

Ex. 4. Fill in the missing crimes in the sentences below. Choose from the words in the previous exercises.

1. The chief cashier admitted taking $30,000 of the firm's money during the previous three years and was found guilty of _____.

2. She sued the newspaper for ______ when it printed a story about her in which it claimed she had once been arrested for taking drugs.

3. The supermarket decided to install closed-circuit television in order to combat the problem of _______.

4. This is the sixth fire in the area in the past month. The police suspect ____.

5. He pleaded not guilty of murder but guilty of ______ saying that the gun had gone off and killed his wife by accident.

6. There have been so many cases of _______ in the street recently that the police are advising residents to install alarms and to notify neighbours when they go out.

7. The customs officer found nearly $20,000 worth of cut diamonds hidden in the man’s guitar case. He was arrested and charged with _______.

8. Pop stars and famous people often employ bodyguards for themselves and members of their families as they are constantly worried about _______.

 

II. Complete the following text with the words from the box.

  to avoid to force to surrender to escape to threaten to warn

 

Yesterday, robbers _____ an entry into the National Midland Bank in the High Street soon after closing time. They _____ with guns the staff, and forced the manager to give them $50,000 in cash. The robbers ran out of the bank and _____ in a stolen car, and were last seen going in the direction of the London Road. Police _____ the public that these men are very dangerous, and are unlikely _____, without a fight. Said Chief Inspector Ralph Smith: “We’re sure that we'll catch them soon. They won’t _____ punishment for it”.

Ex. 1. Choose the best alternative to complete the following sentences.

1. A person who commits a criminal offence is called a criminal, or ______.

a) offender

b) citizen

c) witness

2. If you attack another person illegally you will be tried for unlawful _____.

a) damage

b) assault

c) action

3. If you physically hurt or injure the person you attack, you will be tried for unlawful assault causing ______.

a) wounding

b) murder

c) infanticide

4. If the injury you cause in the attack is very serious it is called ______.

a) manslaughter

b) grievous bodily harm

c) battery

5. A police officer can arrest ______ for a suspected crime carrying a maximum of five year imprisonment.

a) by chance

b) with an issued warrant

c) without a magistrates’ warrant

6. The law can punish criminals in many different ways, but the worst is ___.

a) fine

b) life imprisonment

c) death sentence

7. Young people who committed a crime are tried by a special court called ______.

a) the Juvenile Court

b) the High Court

c) the Crown Court

8. ______ cannot be secured unless actus reus and mens rea were present.

a) an acquittal

b) a conviction

c) a discharge

9. Criminal offences may be broadly divided into ….

a) effect the secret of the state and road traffic offences

b) indictable and summary

c) inchoate and obstructing justice

10. The warrant must contain particulars of …

a) the fatal offence

b) the non-arrestable offence

c) the alleged offence

Ex. 2. Mark the statements which are true.

1) Criminal law covers a multitude of activities and sins.

2) The courts must respond to all forms of criminal activity.

3) The criminal behaviour is not seen as serious or deviant for the majority of society to ban it.

4) The police officer can arrest without a specific warrant for any suspected crime.

5) The defendant has failed to answer a summons and the magistrates decided to bring him before the court.

6) A conviction cannot be secured unless it is shown that actus reus and mens rea were present.

7) The burden of proof lies upon the Jury.

8) The way of classification of offences by the manner of trial is fatal and non-fatal offences.

9) Offences concerned with obstructing justice are: hijacking, treason, terrorism.

 

Ex. 3. Fill in the blanks with the appropriate word from the box. Mind the difference in stress.

to record – record to conduct – conduct to increase – increase to decrease – decrease to import – import to export – export

1. How he died is not _____.

2. Crime is on the _____.

3. The UK produces and ___ iron and steel products, machinery and electronics.

4. The population of this country has ____ because people die of starvation.

5. Federal magistrate judges can hold hearings on motions seeking to control lawyers’ _____ of discovery in civil cases.

6. John and Peter both have fine military _____.

7. The number of serious crimes has ____ in the past few years.

8. The economy of the country is on the rise due to _____ of gas.

9. Anti-smoking campaign has led to the ___ of smokers western countries.

10. Britain _____ coffee, tea, fruit and wine.

11. They are authorized _____ trials in civil cases and in criminal misdemeanor cases.

12. _____ of oil has considerably increased.

 

III. Case study. Discuss each case in class and decide:

1. How would you feel if you were the victim (the defendant) of the crime?

2. If you were the judge, would you give a different sentence?

3. If you were the judge, would you re-investigate the case to reveal other facts or circumstances?

4. Was justice done?

Assault

In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined 10 pounds.

Shop-lifting

In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined 75 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of 100,000 pounds on his life. The policy was due to expire at 3 o’clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expiry day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays). The company refused to pay the man’s life, and the court supported them.

 

IV. Translate the following text into English.

Британская Конституция

В Великобритании не существует единого документа, который был бы официально провозглашен Основным Законом (Fundamental Law). Однако существует неписаная конституция, состоящая их трех категорий: норм статутного права; норм прецедентного права; норм, представляющих собой конституционные обычаи. Статутом в Великобритании принято называть законодательный акт, принятый или одобренный в соответствии с установленной процедурой (procedure) обеими палатами парламента и подписанный главой государства. К статутам, имеющим конституционное значение, британские правоведы относят Великую хартию вольностей (the Magna Carta) 1215 г., Билль о правах 1689 г., Закон о престолонаследии (the Act of Settlement) 1701 г., Закон о парламенте 1911г. и другие.

Хабеас Корпус (the Habeas Corpus Act) – закон о неприкосновенности личности, принятый в 1679 г. и ставший впоследствии важным элементом Британской конституции.

Новой вехой (landmark) в развитии Британской конституции стал принятый парламентом в 1701 г. Акт о престолонаследии. Королевская власть объявлялась ограниченной законами, которые вправе издавать только парламент.

  1. Read the dialogue and reproduce it a) abridged, b) in the form of a monologue.

 

Dialogue 1. At the Exam

Professor: You know, the most important of the Queen’s Ministers is the Prime Minister. In his relation to the other Ministers he has been described by one well-known authority as being like the sun among the planets. Can you explain why?

Student: Well, as far as I remember, the Prime Minister is the Queen’s chief adviser. His opinions shape the policy of the Government. Besides he is the leader of the largest party.

P.: Do you know who performs the real work of the treasury?

S.: If I’m not mistaken, it’s the Chancellor of the Exchequer.

P.: You are right. It is known that after a General Election the Queen asks the leader of the largest political party to form a Government and a Cabinet. Is there any rule deciding which departments should be represented in the Cabinet?

S.: I am sure, there isn’t any rule. But usually the Prime Minister includes in his cabinet the Chancellor of the Exchequer and the Secretary of State for Foreign Affairs. It’s important to mention that all ministerial appointments are made by the Prime Minister. He might appoint, dismiss and transfer to another Department.

P.: Tell me, who can dissolve Parliament?

S.: The Prime Minister can only advise the Queen to do it and she can accept advise only from him.

P.: Very good. You know the subject. I am quite satisfied with your answer.

 

Ex. 1. How is the following expressed in the dialogue?

1. power or right to control and command

2. that which a person thinks about something

3. to influence and determine the course

4. to deal with, control

5. a principle or order which guides behaviour

6. choosing of someone for a position, job

7. to sent away (from employment)

8. to move officially from one place, job to another

9. official permission

10. to end or break up

 

Ex. 2. Present the information from the dialogue using the following words and word combinations.

Chief adviser, to shape the policy, leader of the party, official title, to handle the nation’s money, to hold power, ministerial appointment, to dismiss, to transfer, to seek smb’s approval, to make a suggestion, to dissolve, to accept smb’s advice, responsibility, elected representatives.

 

 

VI. Study the dialogue between a British and an overseas law student.



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