Tenses in the Active and Passive Voice (Revision)

Ex. 2. Use the required form of the verb. Discuss the information with you partner.

1. Ancient Greeks (believe) that laws (make) by the people for the people.

2. In the 14^th century parliamentary legislation (become) more and more general in Britain.

3. The Tudor period (see) the development of modern procedure, in particular the practice of giving three readings to a bill.

4. From the Tudor period onwards Parliament (become) more and more independent and the practice of law making by statutes (increase).

5. Roman Law (be) one of the greatest systems that ever (exist) and (base) upon customs.

6. Roman Law (have) a strong influence on the law of most European countries and on the Anglo-Saxon law which (be) the other great law system of the world.

7. In the 11^th century many European countries (begin) to use Roman Law in their courts.

8. In France Napoleon (codify) the law in 1804.

9. Napoleonic Code (be) a great achievement, and (influence) the laws of many countries in Europe and South America.

10. Most legal systems (classify) as common law systems and civil law systems.

11. Essentially, every country which (colonize) at sometime by Britain (use) Common Law.

12. Belarusian legal science (work) out by Dr. Francisak Skaryna. His ideas (base) on profound knowledge of world history.

13. The famous Belarusian jurist of the 16^th century Len Sapieha (stand) for legal education of people, and (give) his own money for the publication of the 1588 Statute, the legal document which (appear) to be the real constitution of the state.

14. The principles that (lay down) in the Napoleon’s Code are still in force today.

15. Since the 18^th century various scientific theories (advance) to explain crime.

The Participle

Ex. 2. Read and translate the sentences paying attention to Participle I and II.

1. Among the factors leading to crime are weakness in the laws governing market relations and fighting against crime.

2. A «constitution» meaning in American political language the set of rules, laws, regulations and customs provides the practical norms and standards regulating the work of the government.

3. The US Constitution consisting of the preamble, seven articles and twenty six amendments was adopted in 1787.

4. Being made up by the privileged class the U S Constitution of 1787 didn't contain bourgeois-democratic freedoms.

5. Having been proposed first in 1787 the Constitution faced widespread dissatisfaction because it did not contain guarantees of certain basic freedoms and individual rights.

6. Having no guaranteed labor, guaranteed income and health care the working man is guaranteed inequality.

7. Being aimed at preserving the advantageous position of the ruling class the US Constitution of 1787 said nothing about the elementary democratic freedoms when it was first proposed.

8. The case being heard by the district people's court is of great interest for our students.

9. Being divided into 11 judicial circuits the USA has a Federal Court of Appeal in each circuit.

10. Having passed both the Houses the bill became a law.

11. Being divided into executive, legislative and judicial branches, all power in each state is similar to that of the entire nation.

12. Having tried this uneasy case the court passed a sentence.

13. Having arrived at the crime scene among the first, the investigator was able to question all persons present at the scene.

14. Being elected for a term of 4 years the President is to carry out the programme of the government.

15. Having been signed by the President the resolution came into force all over the country.

16. The political platform of the Republican and Democratic parties in the USA being alike, the Democrats and Republicans essentially conduct the similar policy.

17. Each court of appeal in the circuit consists of between 3 and 15 judges depending upon the amount of work in the circuit, the judge with the largest service, who has reached his 70th birthday, being the chief judge.

18. Having developed its economy the USA has become a mighty power.

19. Magna Carta established the principle of limited government in which the power of the monarch or government was limited, not absolute.

The Participle Constructions

Ex.4. Define the Participial Constructions in the following sentences. Translate the sentences into Russian.

1. I heard him answering the question on the US Constitution.

2. The people want the public order being always maintained.

3. The teacher felt us not knowing that problem quite well.

4. I’d like to hear him defending people in the court.

5. He is going to have this job finished as soon as possible.

6. We had the TV set repaired some days ago.

7. Freedom of speech and demonstration is reported being violated in many countries.

8. The scene of crime was seen being examined.

9. The offender was seen being taken to the police station.

10. The witness was heard giving evidence at the trial.

11. The judge was heard repealing the sentence.

12. The structure of crime has been worsening, with the rates rising.

13. The article being interesting and important, I used it in my report.

14. He sat watching TV, the newspaper forgotten on his knees.

15. The door being opened, we heard the teacher speaking with a student.

16. The text being easy, the students could read and translate it easily.

17. If read, the article must be discussed.

18. You must go to the hairdresser's and have your hair cut.

Ex. 5. Translate the sentences with Absolute Participial Constructions:

1. Economic and general crimes are emerging at an alarming rate, the structure of crime worsening.

2. Big monopolies in the state having real power in the country, the rulers take all measures against any representative of the people attempting to find his way into Congress.

3. The Senate consists of 2 members from each state, chosen for 6 years, one third being reelected every 2 years.

4. The Supreme Court of the USA consists of 9 justices, one justice being appointed as the Chief Justice.

5. The district courts being the primary link of the judiciary, most of the criminal and civil cases are tried by these courts.

6. The exercise being difficult for the students, the teacher explained them how to do it.

Text B. Read and translate the text. Get ready to discuss the main points given bellow.

Sources of Law

British law comes from two main sources: laws made in Parliament (usually drawn up by government departments and lawyers), and Common Law, which is based on previous judgments and customs. Just as there is no written constitution, so England and Wales have no criminal code or civil code and the interpretation of the law is based on what has happened in the past. The laws which are made in Parliament are interpreted by the courts, but changes in the law itself are made in Parliament.

Statute law was originally made by the monarch. But Parliament gradually became the legislative authority because of its growing power against the monarch. Since the 14^th century parliamentary legislation became more and more independent and the practice of the law making by statutes increased.

Common law is one of the main sources of law in England and Wales and in Northern Ireland, which has evolved over centuries from judges' decisions rather than jurists' writings. It forms the basis of the law except when superseded by legislation. In Scotland, too, the doctrine of legal precedent has been more strictly applied since the end of the eighteenth century. Parts of the common law have been abolished by Parliament and replaced by statute law.

Much of the law, particularly that relating to criminal justice, is statute law resulting from Acts of Parliament. The courts interpret legislation according to the wording used. If a court reaches a decision which is contrary to the intentions of Parliament, Parliament must either accept the decision or pass amending legislation. Some Acts create new law, others are passed to draw together existing law on a given topic. Parliament can repeal a statute and replace it with another.

European Community law, deriving from Britain's membership of the European Union (EU), is confined mainly to economic and social matters and, in certain circumstances, takes precedence over domestic law. It is normally applied by the domestic courts, but the most authoritative rulings are given by the European Court of Justice.

Certain changes to United Kingdom law have been made to bring it in line with rulings of the Council of European Court of Human Rights.

There are two main branches of the law - criminal and civil. Criminal law is concerned with wrongful acts harmful to community which are punishable by the State. Civil law is concerned with individuals’ rights, duties and obligations towards one another.

Civil law concerns disputes between citizens and the state, or between one state and another.

Contract law, for example, is essential to trade between companies and the smooth running of the market economy.

In codified systems there are codes that correspond to these categories, for example, France’s Code Civil and Code Penal. Justinian’s Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. Consequently, most Continental criminal codes are entirely modern inventions.

Points for discussion

1. Common law is based on previous judgments and customs.

2. Statute law is made by Parliament.

3. Britain’s membership of the European Union.

4. The role of the Council of European Court of Human Rights.

5. There are two main branches of the law – criminal and civil.

Text C. Read the text and make up the plan for the discussion.