A country (other than the parent country) in which an organization operates a facility -

A set of laws or regulations -

To be considered to be something -

A legal agreement that specifies areas in which nations will cooperate with one another is referred to as -

5. To place, put on, or spread something -

6. Enforces laws -

7. Makes laws -

8. To give form to; to incorporate, include; to personify

9. The existence of something considered apart from its properties -

10. Which of the following best describes the relationship of promotion and marketing –

Task 3. Choose the correct word in brackets to complete the sentence.

1. Continental systems are sometimes known as (codified legal/developing infrastructured/judicial authoratative) system.

2. The (lawmakers/partners/agencies) of new nations sometimes wanted to show that the legal rights of their citizens originated in the state, not in local customs, and thus it was the state that was to make law, not the courts.

3. In order to separate the roles of the legislature and judiciary, it was necessary to make (orders/laws/systems) that were clear and comprehensive.

4. Versions of (Nomad/Hun/Roman) law had long influenced many parts of Europe, including the case law traditional of Scotland, but had little on Englsh law.

5. French public law has never been (modified/codified/prescribed), and the French courts have produced a great deal of case law in interpreting the codes that became out of data because of social changes.

LEGAL SYSTEM OF KAZAKHSTAN

 

The legal system of the Republic of Kazakhstan, along with legal systems of Italy, France, Germany, Austria and other countries, belongs to the Roman-German (continental) legal system. As opposed to the Anglo-Saxon legal system (England, the USA), where judicial precedents are the main legal sources, Roman-German legal system has a single hierarchically structured system of enacted law sources. Written constitution (fundamental law) plays the essential role among the law sources in the Roman-German legal system, and has the supreme legal force. In accordance with the article 4 of the Constitution of Kazakhstan, the Law in the Republic is made of the norms of the Constitution, laws which conform to the Constitution, other normative legal acts, treaties and other international obligations of the Republic of Kazakhstan, as well as normative resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan. Hierarchy of the law sources in Kazakhstan is determined by the Law of the RK dated March 24, 1998, “On Normative legal acts.” In accordance with the article 4 of this Law, Constitution of the Republic of Kazakhstan, has the uppermost legal force.

English	Kazakh	Russian
judicial (adj)	сот; заңдық, заңға қатысты	судебный; законный, принадлежащийзакону
precedent (n)	прецедент	прецедент
hierarchic(al) (adj)	иерархиялық	иерархический
as opposed to (syn) distinguished from or in contrast with	... айырмашылығы,... қарсы	в отличие от чего-л., в противоположность чему-л.
obligation (n)	кепіл, міндеттеме	гарантия, обязательство
conform (v)	келісу, ойласу	согласовывать, сообразовывать

Discussion:

1. What legal system does Kazakhstan belong to?

2. In what countries judicial precedents are the main legal sources?

3. Does written constitution (fundamental law) play the essential role among the law sources in the Roman-German legal system?

CASE LAW AND CODIFIED LAW SYSTEM

Hours

Warming up

1. What is Anglo-Saxon law?

2. What kind of legal system is mainly practiced by courts in your country?

3. What is Roman law?

Task 1. Read the following text and learn the new words

Anglo-Saxon law and Roman law

What is Anglo-Saxon law? Termed from old English lagu and dom meaning “law”and “judgement”. Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England. Anglo-Saxon laws were made up of three components: The laws and collections promulgated by the king, Authoritative statements of customs and Primate compilations of legal rules and enactments. There are three functions of Anglo-Saxon law: executive functions, legislative functions and judiciary functions.

1) Anglo-Saxon England did not have a professional standing law enforcement body like our modern police. In general, if a crime was committed, then there was a victim and it was upto the victim, or the victim’s family, to seek justice.

2) The Anglo-Saxon king legislated back, then, sometimes with the council, but most of the time he enacted laws himself. Also, codes of laws were produced by a king at regular intervals.

3) The judiciary functions of the Anglo-Saxon legal system was mainly practiced by courts like nowadays. Once a charge had been brought, it had to be heard by a court which would decide on the matter and actions would be taken as such. The Anglo-Saxons legal system can’t be understood unless one realizes the fundamental opposition between folk right and privilege.

The basis for Roman law was the idea that the exact form, not the intention, of words or of actions produced legal consequences. Romans recognized that there are witnesses to actions and words, but not to intentions. Roman civil law allowed great flexibility in adopting new ideas or extending legal principles in the complex environment of the empire. Without replacing older laws, the Romans developed alternative procedures that allowed greater fairness.[5]

Learn the new words

English	Kazakh	Russian
judgement(n)	сот талдауы, процесс	судебное разбирательство, процесс
promulgate (v)	хабарлау, жариялау, жарыққа шығару, халыққа тарату	объявлять, провозглашать, опубликовывать; обнародовать
enactment(n)	заң, жарлық, заңнамалық акт; қаулы	закон, указ, законодательный акт; постановление
legislative (adj)	заңнамалық	законодательный
judiciary (adj)	заңдық, соттық	законный, судебный
law enforcement	құқықтық мәжбүрлеу; құқық қолдану; заңды қолдану	правовое принуждение; правоприменение; применение закона
charge (n)	айыптау	обвинение
consequence (n)	зардаптар	последствия
witness (n)	куә (сотта)	свидетель (в суде)
flexibility (n)	икемділік	гибкость
adopt	(ресми)... қабылдау	(официально) принимать (что-л.)
extending (adj) extend (v)	көбейетін көбейту, ұзарту, арттыру	увеличивающий   увеличивать, удлинять; продлевать

 

Task 2. Match the phrases on the left with correct Russian/Kazakh equivalents on the right

1.doctrine of stare decisis	a. судебное решение/ сот шешімі
2. the matter is closed	b. прецедентное право/ прецеденттік құқық
3.the parties involved	c. система кодифицированного права/кодификациялық құқық жүйесі
4. judicial decisions	d.общее право/ жалпы құқық
5. case law	e.суд правомочной юрисдикции/ заңды құзырет соты
6. codified law system	f. вопрос закрыт/ мәселе қаралып болды
7. common law	g.задействованные стороны/іске араласқан жақтар
8.a court of competent jurisdiction	h. доктрина судебного прецедента/ сот прецеденті доктринасы

 

Task 3. Many of the following words occur in the text. The ones on the left are related to the ones on the right. Can you make pairs?

authoritative	enforcement
law	a crime
to commit	rules
to bring	statements
extending legal	functions
legislative	principles
written	a charge

 

Task 4. Complete the sentences below using the words in the box

powers; enforcement; investigations; consists; unarmed; court; prosecution; crime

 

Police officers are usually... and there are strict limits to police... of arrest and detention. Thepolice service is taking part in international cooperation against....

The police service in England... of 52 independent forces usually working together with the local authorities and each responsible for law.,, in its own territory.

Most... are initiated by the police but in Scotland the police make the preliminary...As soon as anyone is arrested he or she must be brought before a... with a minimumdelay.

 

 

(В - 2 hours) Warming up

1. What would happen if there were no laws? Write down 10 sentences.

2. What do you know about the doctrine of precedent? Do you know the difference between declaratory and original precedent/between binding and persuasive one?

3. Explain the doctrine of judicial precedent and how it operates within the English system of case law.