Иностранный язык (английский)

ИНОСТРАННЫЙ ЯЗЫК (АНГЛИЙСКИЙ)

НАПРАВЛЕНИЕ 030900.62 «ЮРИСПРУДЕНЦИЯ»

TERM 2

VARIANT I.

LAW

 

Exercise 1. Translate the following sentences into Russian.

 

1. In the seventh century B.C. the Greeks began to put their laws into writing.

2. The laws of many European countries were developing on the basis of Roman law.

3. The Napoleon Code has influenced the laws of many countries in America.

4. In the first year you will study Roman law as it is the basis on the laws of most European countries.

5. The institute of jury still exists in many countries. By the eleventh century many European countries had begun to use Roman law in their courts.

6. The law on partnership was codified by the Parliament in 1972.

7. Statutes are made by the Government; customs are created by the people. Customs are not created by societies consciously.

8. Many general customs have been adopted by the courts and have become laws.

9. Customs are sometimes still recognized by the courts.

10. Roman law was used in the courts by many European countries.

11. Many English laws derive from judicial precedents.

12. In modern times most rules of law have reflected general custom.

13. Continental or Roman law has developed in most of Continental Europe, Latin America and many countries in Asia and Africa.

14. Common law was developing gradually throughout the history. Continental systems of law have resulted from the attempts of governments to produce a set of codes.

15. The lawmakers wanted to show that legal rules of their citizens originated in the state, not in local customs.

16. The laws are interpreted by the courts.

17. The lawmakers were influenced by the model of the canon law of the Roman Catholic Church.

18. Laws had been put into writing by Greeks by the 16th century B.C.

19. In a civil case a verdict was given by a jury.

20. Don’t worry. Speeches are being prepared by professional speech-writers.

21. The law of the world has been influenced by Roman law.

22. Many of the early rules of the common law were general customs.

23. One of the largest systems of law of which we have knowledge is the Code of Hammurabi.

24. The largest number of the jury was in Greece.

25. Roman law is one of the greatest systems which has ever existed.

 

Exercise 2. Translate the following sentences into Russian. Pay attention to the verbs “to have” and “to be”.

 

1. Each country of the world has its own system of law.

2. In Greece each city had its own law.

3. The Atheans did not consider it necessary to have legal experts for non-criminal cases.

4. The members of the jury listened to the speeches made by the persons who had brought the case before them.

5. French public law has never been codified.

6. The law is not enforced against young children.

7. Government-made laws are often patterned upon informal rules of conduct.

8. The task of the jury is to bring in a verdict.

9. The jury is still discussing the verdict.

10. The courts are interpreters of the law.

11. Anglo-Saxon law is the other great system of law.

12. The general nature of the law is that it is enforces equally against all members of the nation.

13. Informal rules have very little to do with the laws created by governments.

14. English law has developed through decisions in individual cases.

15. The system based on English Common law has been adopted by many Commonwealth countries and most of the United States.

16. When they were codifying their legal systems they looked to the examples of Revolutionary and Napoleonic France.

17. Versions of Roman law had long influenced many parts of Europe but had little impact on English law.

18. Many customs have existed since "time immemorial".

19. Some laws are descriptive, others are prescriptive.

20. The ways in which people talk, eat and drink are guided by informal rules.

21. Uniform application of the law throughout the country was promoted by gradual development of the doctrine of precedents.

22. The rules of social institutions are observed by those who belong to them.

23. Throughout the history British courts were developing Common law.

24. Customs and court rulings are as important as status.

25. The Napoleonic Code was a splendid achievement, and it has influenced the law of many countries in Europe and South America.

 

Exercise 3. Fill in the prepositions: in, into, by, of, between, from, to. Translate the sentences into Russian.

 

1. The members... the jury listened... speeches and gave their verdict.

2. By A.D. 528 Roman law had become so immense that it was necessary to have a clear, systematic code... all the laws.

3. Customs are not made... governments.

4. Laws are traditionally divided... two main categories.

5. Solicitors do not participate... court proceedings.

6. There is no whole system... codification which prevails... many countries.

7. Judicial decisions are often reduced... writing in the form of law reports.

8. Before 1066 law was administered... series of local courts.

9. Common law systems differ... Continental law.

10. In all societies relations... people are regulated... prescriptive laws.

11. In England the volume … unwritten law is larger than the volume of written law.

12. Despite greater internationalization most law is still made and enforced … governments.

13. There is a great difference … the world’s systems of law.

14. The interpretation … the Courts remains till either a higher Court decides that this interpretation was wrong or Parliament passes another law.

15. One of the earliest codes – the Code of Hebrew law is contained … the Book of Exodus … the Bible.

Exercise 4. Choose the right word or word-combination.

1. The English word “law” refers to limits upon various...

a) rules of social institutions

b) members of the society

c) forms of behaviour

2. The rules of social institutions are not enforceable by any...

a) political authority

b) social rules

c) social relations

3.... need not be made by governments and they need not be written down.

a) rules

b) laws

c) customs

4. When governments make... for their citizens they use a system of courts backed by the police.

a) customs

b) relations

c) laws

5. Government-made laws are often patterned upon informal... which already exist in society.

a) norms of behaviour

b) rules of conduct

c) social norms

 

Exercise 5. Insert the right words: laws, commit, crime, customs, rules.

 

1. Customs are informal... of social and moral behaviour.

2. The rules of social institutions are more formal than....

3.... need not be made by governments.

4. We accept... if we belong to particular social institutions.

5.... are made by governments and enforced against all citizens within their power.

6. The law is not enforced against young children when they....

 

Exercise 6. Mark the statements that are true.

1. Social customs and rules are both enforced by governments.

2. Many laws reflect social customs.

3. The ways in which people talk, eat and drink are regulated by laws made by governments.

4. Informal rules have very little to do with laws created by governments.

5. Prescriptive laws prescribe how people behave.

6. Relations between people are regulated by customs, rules of social institutions and government-made laws.

Exercise 7. Complete the sentences.

1. Descriptive laws describe how people usually....

2. In all societies... are regulated by prescriptive laws.

3. It is important to distinguish between....

4. Sometimes we can break the rules and do not suffer....

5. If we continually... of social institutions other people may refuse to do with us.

 

Exercise 8. Match English and Russian equivalents. Mind that the following word-combinations you will find in the text.

1.	forms of behaviour	a.	система судов
2.	rules of social institution	b.	члены общества
3.	members of the society	c.	формы поведения
4.	English system of courts	d.	нормы социальных институтов
5.	accept the rules	e.	проводить законы в жизнь
6.	break the rules	f.	нарушать нормы
7.	suffer penalty	g.	создавать законы
8.	make laws	h.	принимать правила
9.	enforce the laws	i.	терпеть наказание

 

Exercise 9. Read text 1 and translate it into Russian in written form.

Exercise 10. Answer the questions on text 1.

 

1. What does the English word “law” refer to?

2. What regulates the relations between people?

3. Are customs made by governments?

4. How do we learn how to behave in society?

5. How do governments enforce the laws which they make?

 

Exercise 11. Read text 2 and translate it into Russian in written form.

TEXT 2. CUSTOMS

 

Customs are social habits, patterns of behaviour, which all societies evolve without express formulation or conscious creation. Custom is one of the principal sources of law; originally law was based upon it. Moreover, custom is not important only as a source of law, for even today some customary rules are still observed and they have almost the same power as rules of law. The only difference is that their observance is not enforced by the organs of the State. Thus, many of the fundamental rules of the Constitution are “conventional” (i. e. customary) rather than legal, rules.

But in modern times most general customs (i. e. customs universally observed throughout the realm) either do not exist or have become absorbed in rules of law. For example many of the early rules of the common law were general customs which the courts adopted, and they have become laws.

On the other hand customs of particular groups of people living in particular localities, are sometimes still capable of creating a special “law” for the locality in question which is different from the general law of the land.

But such variants will only be recognized if certain conditions are satisfied. The following are among the more important of those conditions. The custom must (1) not be unreasonable, (2) the right must be claimed by or on behalf of a defined group of people, (3) must have existed since “time immemorial”. This means that it must go back to 1189 (by historical accident the terminal date of “legal memory”).

 

TEXT 4. ENGLISH LAW

 

English law can be divided into Statute Law¹, Common Law and Case Law². Statute Law consists of all laws passed by Parliament. The majority of laws are proposed and drafted by the government in power, any member of the House of Commons or House of Lords can also propose a law. An exception to this is that only a member of the House of Commons may introduce a financial Bill. The laws that are drafted by the government, as the laws proposed by individual members of the House of Commons or House of Lords, must be agreed to by Parliament before they become effective. That means that they must be passed by the elected House of Commons, approved (in most cases) by the House of Lords, and confirmed by the Sovereign.

Common Law consists of principles and rules of conduct based on the ancient customs of the country and recognized by the Courts as Law. Common Law is unwritten, and its principles can be learnt only by intensive study of past court decisions and ancient custom. The Common Law can, however, be changed or developed by statute.

But more important perhaps than either the Statute Law or even the Common Law are decisions of the Courts. Just as the many ancient customs of the land make up the Common Law, the collected decisions of the Courts form English "Case Law". Once Parliament has passed a law, the courts must decide what the words of that law mean. The interpretation of the Courts remains till either a higher Court decides that this interpretation was wrong, or Parliament passes another law and changes it.

So once a Court decided against the government on a question of what a law means – and the Courts may decide that a law as worded means something quite different from what the government intended – the government must accept the decision of the Court. They may, if the Houses agree, pass another law. But that takes a great deal of time and trouble.

Notes:

¹ Statute Law – статутное право, писаный закон

² Case Law – прецедентное право

 

VARIANT II.

TEXT 1. MONARCHY IN BRITAIN

 

Great Britain is a monarchy, but the Queen of Britain is not absolute but constitutional. Her powers are limited by the Parliament. The Parliament is the supreme legislative authority in Britain. Queen’s power is hereditory and not elective.

In practice the Monarch has no actual power: they say¹ the Monarch reigns but does not rule. The Prime Minister is the virtual ruler of the country. The Prime Minister is usually the leader of the party that obtains a majority in the House of Commons. That party which has majority of seats in the House of Commons is called the Government and the other is the Opposition. The leader of the party in the opposition occupies a salaried office of the Leader of the Opposition. The Government may hold office for five years.

All the affairs of the state are conducted in the name of the Queen, but really the Prime Minister is responsible for every measure submitted to Parliament.

a. лидер партии b. действительный правитель c. вооруженные силы d. партия, находящаяся воппозиции e. наследственная власть f. действительная власть g. делать назначенияh. от имени королевы i. ответственный за все меры

The Queen summons, prorogues and dissolves Parliament². Normally she opens each session with a speech from the throne outlining the Government’s programme. It is her duty to make appointments to all important state offices, including those of judges, officers in the armed forces, diplomats. She must, in theory at least, see all Cabinet documents. The Queen has the power to conclude treaties, to declare war and make peace.

The Queen has her own Privy Council³. The Cabinet developed from this Council, which used to be body of advisers of English monarches. As the system of Cabinet developed the Privy Council declined in importance. The Privy Council consists of members of the royal family, the archbishops⁴, colonial governors and senior ministers. There are about 300 of them altogether. The committee of the Privy Council, the Judicial Committee, however, is the final court of appeal for the British – a Royal court.

Queen Elizabeth II came to the throne in 1952 after the death of her father, King George VI. She has four children: one daughter and 3 sons. The Queen’s heir is Charles, Prince of Wales. He was born in 1948, educated in Cambridge, served in the Royal Navy⁵. Now he is involved in various aspects of public life, in particular industry and government.

The Royal family is the principal aristocratic house in Britain, closely connected with other members of the hereditory aristocracy and with big finance interests. The Queen is known to be among the wealthiest women in the world.

Notes:

¹ they say – говорят

² summons, prorogues and dissolves Parliament – созывает, прерывает и распускает парламент

³ Privy Council – Тайный совет

⁴ archbishops – архиепископы

⁵ Royal Navy – Королевский флот, ВМС Великобритании

 

TEXT 3. BRITISH PARLIAMENT

 

The legislative power resides in Parliament, which, strictly speaking¹, consists of the Sovereign, the House of Commons and the House of Lords².

There are 635 members of the English House of Commons, or MPs as they are usually called. They are elected by popular vote and represent the counties and borough constituencies. The House of Commons seems to have most of power within Parliament. It is here that the Government is formed. The Prime Minister is usually the leader of that party which has majority in the House of Commons. Any member of the House may introduce a Bill. The maximum life of the House of Commons has been restricted³ to 5 years since the Parliament Act 1911.

Each session of Parliament is usually opened in the House of Lords. The House of Lords, or the Upper House⁴, consists of hereditary and life peers and top church officials. In the full House of Lords there are some 650 members. The House of Lords is not an elective body. The House of Lords like the Monarch has now lost most of its powers and cannot influence the process of decision-making⁵ in Parliament. In practice, the powers of the House of Lords have been truncated⁶ to limited revising and delaying functions. It is the House of Commons which is the dominant part of the legislature. The Lords and the Commons began to meet separately some five centuries ago. The House of Lords consists of the Lords «Spiritual and Temporal»⁷. The Lords Spiritual are the two archbishops⁸ (Canterbury and York) and twenty-four bishops of the Church of England. The Lords Temporal include peers by hereditary right, peers by virtue of their office (the Law Lords), and Life peers created under the Life Peerage Act, 1958.

Notes:

¹ strictly speaking - строго говоря

² the Sovereign, the House of Commons and the House of Lords — монарх, палата общин и палата лордов

³ to restrict — ограничивать

⁴ Upper House — верхняя палата парламента

⁵ decision-making — принятие решений

⁶ to truncate — сокращать

⁷ the Lords «Spiritual and Temporal» — лорды духовные и светские

⁸ archbishops – архиепископы

VARIANT III.

LEGAL PROFESSIONS

 

TEXT 2. JUDGES

 

The judge is the presiding officer of the court. The statutory basis for the appointment of judges dates from the Act of Settlement 1700¹.

Judges are not themselves a separate profession: they are barristers who have been elevated to the bench², itself a name derived from the part of the Court where they sit. The judge decides the interpretation of the law. After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.

Judges cannot be removed from office on account of political considerations – the independence of the judiciary is, at least theoretically, guaranteed.

The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense⁴” and understanding of their fellow human beings. They give up their time voluntarily.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.

The work of the Magistrates’ Courts⁵ throughout the country depends on the unpaid services of JPs.

Notes:

¹ Act of Settlement – Акт о престолонаследии (облек Ганноверскую династию правом престолонаследия, закрепив английский престол за протестантами).

²...be elevated to the bench – возвысить до положения судьи (букв, скамья, используется в собирательном смысле по отношению к судьям или магистратам в суде).

³ Magistrate, Justice of the Peace (JP) – судья, мировой судья.

⁴ “Sound common sense” – (зд.) чувство здравого смысла

⁵ Magistrates’ Court – суд магистратов, мировой суд (рассматривает дела о мелких преступлениях).

TEXT 3. JURIES

 

The use of the jury in English law stretches far into history, the modern English jury now owes its statutory existence to the Juries Act 1974. To qualify for jury service it is necessary to be a registered elector between the ages of 18 and 65 (the property qualification for jurors was abolished). All those people connected with the law by way of occupation (including ex-prisoners) are ineligible to jury service, as well as the clergy and the mentally ill. Barristers, solicitors and police officers must have retired from that work for a minimum of ten years. The call to jury service is regarded as an obligation. A jury is normally composed of twelve persons whose names have been selected at random¹ from the list of qualified jurors for the area. Its verdict must be unanimous (it is essentially one of “guilty” or “not guilty”) and, in the event of failure to reach agreement, the case is retried before another jury. Only 6-7% of jury decisions are by a majority verdict.

Juries most frequently appear in criminal cases in the Crown Courts. The function of the jury is to determine the facts, having heard the judge’s summing up and his directions on questions of law.

Counsel for the defence or the defendant have the right to object to jurors without giving reasons, the maximum number of peremptory challenging² being reduced to three.

Notes:

¹ at random – наугад, случайно

² peremptory challenging – отвод без указания причины

ИНОСТРАННЫЙ ЯЗЫК (АНГЛИЙСКИЙ)