Complete the table with the related forms.

Verb	Noun	Adjective
Cite		-
Apply
Precede
Bind	-
Appeal

 

3. Translate the following sentences into English:

 

1. У країнах англо-саксонської правової сімї прецедент є основою правової системи, тоді як в деяких інших країнах (наприклад, у Франції) прецеденти використовуються для заповнення прогалин у законодавстві. 2. Існує ієрархія прецедентів, відповідно до якої рішення, які були прийняті судами вищих інстанцій (наприклад, Палатою Лордів у Англії) є обов’язковими для використання нижчими в аналогічних ситуаціях. 3. В Україні прецедент офіційно не вважається джерелом права, але на практиці рішення судів вищих інстанцій часто беруться до уваги при вирішенні спорів.

Match a word in column A with a word/phrase in column B to make as many phrases as possible and translate them.

A B

 

to set an appeal (against)

to create the decision

to introduce the rule

to lodge a precedent

to overturn the verdict

to refer to the case

to apply the protest (against)

to establish

to follow

III PRACTICE AND EXPERIENCE

Divide into two groups (proponents and opponents of case law). Read about the advantages and disadvantages of judicial precedent and discuss them.

Advantages

• Certainty - It creates certainty in the law and means solicitors and barristers can advise their clients on the probable outcome of their case.
• Fairness - Similar cases are treated in a similar way, this is in the interests of justice and fairness.
• Time Saving - It saves court time as for most situations there is already an existing solution.
• Law Development - it allows the law to develop alongside society R v R (1991) - this case overturned a centuries old legal principle that a man could not rape his wife.

Disadvantages

• Rigidity - The system is too rigid and does not allow the law to develop enough.
• I njustice - The strict rules of judicial precedent can create injustice in individual cases
• Slow Development - The law is slow to develop under the system of judicial precedent. The law cannot be changed until a case on a particular point of law comes before one of the higher appellate courts.
• Confusion - Hundreds of cases are reported each year, making it hard to find the relevant precedent which should be followed.
• Complexity - The law is too complex with thousands of fine distinctions.

IV WRITING

a) Describe the process of making new law in your country. What are the strengths and the weaknesses of the process?

b) Explain to a student from a different jurisdiction how cases are used and recorded in your legal system.

 

V OVER TO YOU

Read the report e from the BBC webpage and comment on similar cases that you have probably read about.

Extra 'ingredient' in Cornish pie

A Cornish pasty maker has apologised to a customer who bit off more than he could chew. Simon Enticknap, from Basingstoke, Hampshire, was enjoying a Ginsters chicken and mushroom slice before work when he crunched into a snail. The 21-year-old took photographs of the pasty and offending mollusc before calling Ginsters to complain. Ginsters has apologised for the "extra ingredient", which it believes came in a delivery of fresh mushrooms. Mr Enticknap bought the pasty from a petrol station shop near Ringwood on his way to work last month. "It was about seven o'clock and I hadn't had any breakfast," he told BBC News. "I'd eaten about half of it when there was a nasty crunch at my back teeth. "I spat it out and when I realised what it was, I was physically sick out the van, although my mate thought it was hilarious." Compensation offered A Ginsters spokesman said the company had apologised in writing and a member of staff had been sent to Basingstoke to collect the offending product. "It appears that the object came in with a delivery of fresh mushrooms and had not been removed by our rigorous washing process, which is an extremely rare occurrence," the spokesman said. "We have sent a further letter of apology to Mr Enticknap along with £25 for the inconvenience caused, and we thanked Mr Enticknap for taking the trouble to bring the matter to our attention." However, air conditioning fitter Mr Enticknap said he was not fully persuaded by Ginsters explanation. "This was a whole snail and even if it escaped the washing process, I don't understand how it got through the slicing and chopping," he said. "I'm not at all thrilled and certainly won't be buying a chicken and mushroom slice again."

 

Unit 4 Studying Law Section 1 Training Lawyers in Ukraine

I. WARMING - UP

1. Answer the following questions:

1. Why is it important for a lawyer to be highly educated?

2. Why are the lawyers needed in the human society?

3. Do you agree that education of a good legal specialist must never stop? Why?

2. Match the following English words and expressions with their Ukrainian equivalents:

qualification requirements legal educational institution certificate of a specialist scientific research educational-proficiency level scientific degree field of science appropriate level

юридичний навчальний заклад наукові дослідження диплом спеціаліста освітньо-професійний рівень відповідний рівень галузь науки науковий ступінь кваліфікаційні вимоги

Read the text to understand what information on legal education in Ukraine is of primary importance or new for you.

TEXT 1

LEGAL EDUCATION IN UKRAINE

 

Notes:

Postgraduate education (Candidate's or Doctor's Degree) – освіта, спрямована на отримання наукового ступіня кандидата або доктора наук.

The Law of Ukraine “On Education” – закон України „Про освіту” (№ 1060 – XII).

The Law of Ukraine “On Higher Education” – закон України „Про вищу освіту” (№ 2984 – III).

A professional licence – дозвіл на здійснення професійної діяльності.

Requirements to the contents, scope and levelof the educational and professional training in Ukraine are determined by the Law of Ukraine “On Education” of 1991. The Law establishes a four level system of higher education and defines qualification requirements for junior specialists and bachelor degree holders (basic higher education), specialists and master degree holders (complete higher education). The system of education also includes postgraduate education (Candidate's or Doctor's Degree).

As the legal profession becomes very prestigious and much in demand, a large network of legal educational institutions and faculties has been established in Ukraine recently. The higher educational establishments (HEE) that train lawyers in Ukraine include: technicums, colleges, institutes, academies, universities and other establishments. HEE have four degrees of accreditation based on their status:

– the first degree – technicum or other HEE of the equal status;
– the second degree – college or other HEE of the equal status;
– the third and the fourth degrees (depending on the results of accreditation) – institute, academy, university and other HEE equal to them.

Legal education in Ukraine is centred in the state and private colleges and universities. The four year education gives a bachelor’s degree; graduates after five year studies receive a certificate of a specialist. Everybody has a possibility to continue his/her education and scientific research at the master’s andpostgraduate courses.

Higher education graduates are awarded qualifications of the appropriate educational-proficiency levels and they are granted diplomas of the state format. The Diploma is a state-recognized document which serves as both an educational certificate and a professional licence. It confirms the attainment of the appropriate higher educational level and a certain professional qualification in some speciality. The Law of Ukraine “On Higher Education” (2002) establishes the following types of documents that confirm higher education qualifications:

Dyplom Molodshoho Spetsialista (Diploma/ qualification of Junior Specialist),

Dyplom Bakalavra (Diploma/ qualification of Bachelor),

Dyplom Spetsialista (Diploma/ qualification of Specialist),

Dyplom Mahistra (Diploma/ qualification of Master).

At the postgraduate level Ukraine has a two-degree system. The first qualification is the Candidate of Sciences (a scientific degree of Kandidat Nauk). It normally requiresat least three years of postgraduate study (aspirantura) after the award of the Specialist or the Master diploma. For this qualification a thesis (dissertation) must besubmitted and defended. The second qualification is the Doctor of Sciences (a scientific degree of Doktor Nauk), the highest scientific degree in Ukraine. This qualification requires some period of studies (doktorantura) following the award of Kandidat Nauk degree. The dissertation for this degree must make an original contribution to a certain field of science.

A public defence of the dissertation is held in the form of a public presentation and scientific debates.

 

II. COMPREHENSION

1. Answer the following questions using the information from the text:

1. What does the Law of Ukraine “On Education” determine?

2. What is a four level system of higher education in Ukraine?

3. What is postgraduate education?

4. Why has a large network of legal educational institutions been established in Ukraine recently?

5. What are the types of Ukrainian higher educational institutions that train lawyers?

6. What degrees are given to students of HEEs after four and five years of education?

7. What is the Diploma granted to higher education graduates?

8. What is the first qualification of the postgraduate level in Ukraine? What are the requirements to it?

9. What is the second qualification of the postgraduate level in Ukraine? What are the requirements to it?