Task 2. Match the word with the definition



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ЗНАЕТЕ ЛИ ВЫ?

Task 2. Match the word with the definition



law   a) system or policy by which a political unit is governed
custom   b) specific fundamental set of beliefs
government c) one complete life cycle
religion   d) system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.
wrongdoing   e) rule of conduct or procedure established by custom, agreement, or authority
generation   f) an organized group of persons associated together for religious, benevolent, cultural, scientific, political, patriotic, or other purposes.
constitution   g) traditional practice or usual way of doing something followed by a social group or people
society   h) act of doing something immoral or illegal

 

Task 3. Match the verbs given on the left with the nouns on the right to form word combinations.

to draw a. a conduct
to govern b. societies
to obey c. standards of conduct
to distinguish d. the law
to develop e. a distinction
to enforce f. law and custom

 

Task 4.Word groups. Find the word that is different. Say why.

1. fault guidelines regulations rules
2. Religious criminal moral ethical
3. Muslims Jews Koran Christians  
4. wrongdoing punishment retribution vestige
5. doctors lawyers patients teachers
6. social local constitutional wrong  

 

Task 5. Define if the sentence is true or false

1.Law is a body of rules which a group or community recognized as binding upon its members, and enforce through an agency of the state, usually a court.

2.Religious, ethical and moral rules are comletely differentiate from each other, and don’t have anything in common.

3.The natural law school has the vews as a positivist school of law

4.In less developed societies, it can be a dependence on custom, in that this passes from one generation to another and the rate of change may be relatively slow.

 

 

 

SOURCES OF LAW

Hours

Explain differences between written and unwritten laws. In your opinion, which is better?

Written laws are laws which have been enacted in the constitution or in legislations.

Unwritten law is a law which is not contained in any statutes and can be found in case decisions. This is known as the common law or case law.

Unwritten rules, principles, and norms that have the effect and force of law though they have not been formally enacted by the government.

Most laws in America are written. The US Code, the Code of Federal Regulations, and the Federal Rules of Civil Procedure are three examples of written laws that are frequently cited in federal court. Each state has a similar body of written laws. By contrast, unwritten law consisits of those custom, traditions, practices, usages, and other maxims of human conduct that the government has recognized and enforced. Unwritten law is most commonly found in primitive societies where illiteracy is prevalent. Because many residents in such societies cannot read and write, there is little point in publishing written laws to govern their conduct. Instead , societal disputes in primitive societies are resolved informally, through appeal to unwritten maxims of fairness or popularity accepted modes of behavior. Litigans present their claims orally in most primitive societies, and judges announce their decisions in the same fashion. The governing body in primitive societies typically enforces the useful traditions that are widely practiced in the community, while those practices that are novel or harmful fall into disuse or are discouraged.[3]

English Kazakh Russian
unwritten law жазылмаған заң неписанное право
statute (n) заң, парламенттің заңнамалық актісі; мәртебе закон, законодательный акт парламента; статут
сommon law жалпы құқық общее право
case law прецеденттік құқық прецедентное право
enact (v) тағайындау, анықтау, орнату; заң енгізу; қаулы шығару предписывать, определять, устанавливать; вводить закон; постановлять
cite (v) сотқа шақыру вызывать в суд
conduct (n) жүріс-тұрыс поведение
resolve (v) шешу, шешім қабылдау решать, принимать решение;
litigant (n) тарап (сот процесінде) сторона (в судебном процессе)

Task 1. Read the text and answer the chekup questions.

1. What do the terms “written law and unwritten law” imply?

2. What written laws are frequently cited in federal court.

3. What does unwritten law consist of?

4. Where is unwritten law most commonly found? How are societal disputes in primitive societies resolved?

Sources in Common Law

Each country’s legal system has its own sources of law, with greater weight placed on some sources than others. In developing an infrastructure project, it is important to identify which sources of law apply in the host country and their weighting. The following are the most common sources:

· Constitution

· Statute

· Treaties

· Judicial Decisions

· Other Sources

Code

In Civil Law systems these rules are usually embodied in “Codes”. All but a very few countries have written constitution where these fundamental rules can be easily identified (although their interpretation may be less straightforward). The remaining few have unwritten constitution established by long-standing tradition. A Constitution overrides any other source of law and it is usually highly difficult to amend. There may be a separate judicial court which considers constitutional issues, namely whether any law, regulation or administrative act inconsistent with Constitution and therefore void.

Judicial Decisions

In some countries, judicial decisions are authoritative and develop into a source of law known as “case law”. Case law may extend the application of legislation and is deemed to form part of the law.

In other jurisdiction (mainly civil law jurisdiction) judicial decisions are formally only deemed to interpret the existing law and are not a binding source of law, although in practice they are often treated as authoritative.

Administrative Law

It covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. Much of government and its public programs operate largely through various agencies on different levels: federal, state, county, and city. These agencies are also known as boards, commissions, departments, and divisions. They generally have their own specific rules and regulations, which are not usually found in the statutes, with stringent procedures individuals must follow to obtain assistance from the agency and to file claims, grievances and appeals. Legal rulings by Administrative Law Judges (ALJ’s) have governing authority the same as most precedent law. Administrative law attorneys can offer assistance when maneuvering through these complicated proceedings.The Administrative Procedure Act is the governing law for federal administrative agencies. Most states also have their own governing law for their state administrative agencies. These laws allow for the creation of the rules and regulations, as well as the procedures necessary for those unhappy with the agencies or their decisions to seek remedies via appeal or complaint. They are carried out with the same authority as the more well-known statutory laws, and so, as with other areas of law, the skills of an experienced administrative law attorney are often required. [4]

Learn the new words

apply (v) ... қолдану; пайдалану применять к (чему-л.) ; использовать, употреблять для(чего-л.)
host country келген ел, қабылдаушы ел страна пребывания; принимающая страна
treaty (n) келісімшарт, келісім, конвенция договор, соглашение, конвенция
code (n) кодекс (құқықтың бір немесе бірнеше тарауына қатысты заңдардың жүйелі жинағы) кодекс (систематический сборник законов, относящихся к одному или нескольким разделам права)
executive (adj) атқарушы, атқарушы билік құрылымдарына қатысты исполнительный, принадлежащий к структурам исполнительной власти
legislative(adj) заңнамалық законодательный
entity (n) заңды тұлға, ұйым юридическое лицо, организация
interrelate (v) байланыс орнату, байланыстыру устанавливать взаимосвязь, связывать
embody (v) (өзінен) көрсету; бейнелеу, ... бейнелеу; (қандай да бір идеяны) қамту воплощать (в себе) ; изображать, олицетворять (чем-л.) ; заключать в себе (какую-л. идею)
to be deemed to сену, есептесу, санасу полагаться, считаться

Task 2. Read the text again and find the words which are used to express the following:



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