Переведите следующие словосочетания на русский язык.

inviolability of property

restoration of violated rights

to contradict legislation

legal status of participants

entrepreneurial activities

profitmaking

stateless persons

inalienable human rights and freedoms

tax and other administrative relations

proprietary independence

foundations of constitutional order

 

Найдите в тексте английские эквиваленты следующим словосочетаниям.

недопустимость произвольного вмешательства

осуществление права собственности

обеспечение обороны страны

вещные права

договорные отношения

выполнение работ

процесс, предусмотренный законом

законные интересы

интеллектуальные права

неимущественные отношения

 

Соотнесите слова и словосочетания из колонки а с их значениями из колонки в.

 

A

1 equality

2 to interfere with

3 defence

4 to contradict

5 to impose on

6 legislation

7 obligations

8 proprietary

9 to establish

10 to determine

B

A to decide smth. officially

B having or deserving the same rights and opportunities as other people

C set of laws

D to make smth. start to exist or start to happen

E smth. that you must do for legal or moral reasons

F to be owned by a person or company and sold under a trademark or patent

G to introduce smth. such as a new law for a new system and force people to accept it

H to prevent smth. from happening or developing in correct way

I actions that you take to protect someone or something that is being attacked

J to say that the opposite of what someone has said is true

 

Замените русские словосочетания в скобках на соответствующие английские эквиваленты из текста.

Civil legislation (основывается на) the recognition of the equality of participants in the definite kinds of relations.

They are free in establishing (своих прав и обязанностей) on the basis of a contract and (в определении условий договора) to the extent that such conditions (не противоречат законодательству).

Goods and services (свободно перемещаются на всей территории Российской Федерации).

The Russian Federation (субъекты и муниципальные образования) may also participate in relations which are regulated by civil legislation.

Rules established by civil legislation (применяются к отношениям с участием) foreign citizens, stateless persons and foreign legal persons.

(Неотчуждаемые права и свободы человека) and other nonmaterial values are protected by civil legislation.

Civil legislation is not applicable to property relations (основанных на административном или ином властном подчинении) of one party to another.

Переведите определение понятия «Гражданский процесс».

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.

LAW OF TORTS

A tort is a wrongful act committed by an individual against another individual's person, property or reputation. The concept of tort is used in most English-speaking common law traditions. It is a civil wrong. Torts often help those who are not in contractual relationship. Contractual liability is based on agreement between parties.

Tort liability is based on the duty one person owes to another. It is imposed by law regardless of whether or not there is an agreement between the parties.

Although a tort and a crime appear to be the same in many cases, the parties, burden of proof, and punishment are different. In a tortious action the injured party is the plaintiff and the person charged with committing the tort is the defendant. The plaintiff has to prove the elements of his case. He is entitled to damages to compensate him for his injury.

Crimes usually involve public law and order. Thus in a criminal action the plaintiff is the state, represented by the prosecutor. The person charged with committing a crime is the defendant. The injured party is merely a complaining witness. The state has to prove its case. The convicted defendant either pays a fine, or goes to prison. The injured party receives nothing. Sometimes a crime is also a tort and the injured party may try to get damages in a civil court.

The most common torts are the tort of conversion, the tort of trespass, the tort of nuisance, the tort of negligence and the tort of defamation.

The tort of conversion covers taking, destroying or selling someone else's goods. It resembles the crime of theft.

The tort of trespass covers entering someone's land without the owner's permission.

The tort of nuisance covers an unreasonable interference with a person's use or enjoyment of land. It can be used in many situations. An individual can sue in the tort of nuisance when his neighbour creates too much noise or keeps rubbish that causes unpleasant smells.

The tort of negligence covers a breach of a legal duty of care. An individual may sue in the tort of negligence if he is injured by broken glass falling from a window or if someone has damaged his car while parking.

The tort of defamation covers attacks against someone's reputation through the written or spoken word.

Vicarious liability (liability on behalf of someone else) is an important concept in the law of torts. It gives the right to sue the employer of a person who commits a tort in the normal course of his employment. The concept is useful when high damages are sought and the defendant does not have the money to pay them.

Not every wrong committed in the society is remediable in tort. The plaintiff has to show that he has suffered an action recognized as a tortious one and he has to show that his relation to the tortfeaser (committer of a tort) gives him the legal capacity to sue. Some torts are known as statutory torts. The breach of duty that must be proved is defined in a statute. For example, injury suffered because of defective equipment may lead to a negligence action regulated by the 1969 Employers Liability Act.