Кооперативный техникум мурманского опс

КООПЕРАТИВНЫЙ ТЕХНИКУМ МУРМАНСКОГО ОПС

Рабочая тетрадь

Для юристов

(специальности 030503 «Правоведение», 030504 «Право и организация социального обеспечения»)

Составители:

Василевская Э.Б.,

Бурлакова Н.В.

Мурманск 2008

 

 

Unit I

THE COURT SYSTEM OF ENGLAND AND WALES

TASK I. Read the text and translate it:

The most common type of law court in England and Wales is the magistrates' court.' There are 700 magistrates' courts and about 30,000 magistrates.

More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County сourts.

Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.

The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

THE LEGAL SYSTEM IN ENGLAND AND IN WALES.

TASK 2. Find in the text the English equivalents for the words below.

- общее право;

- решение суда;

- уголовный кодекс;

- гражданский кодекс;

- мировой судья;

- Суд Короны;

- гражданское дело;

- суды графств;

- Европейский суд по правам человека;

- правовая система;

- суд по делам несовершеннолетних;

- правонарушитель;

- насильственная смерть;

- уголовное дело.

TASK 3. Use the information given above to answer the questions.

1. In the United Kingdom, what is the difference between criminal and civil law?

2. What is the most common type of law court in England and Wales?

3. Name three other types of British courts.

TASK 4. Work in pairs and discuss the folio-wing.

Which courts do you think would deal with:

a) a bank robbery?

b) a divorce case?

c) a burglary committed by a fifteen-year-old?

d) a drowning?

e) a case of driving too fast?

Unit II.

PEOPLE IN LAW CASES IN GREAT BRITAIN.

A. Types of Legal Professions

TASK 1. Read this classification.

SOLICITORS

There are about 50,000 solicitors, a number which is rapidly increasing, and they make up by far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-to­day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates' court.

BARRISTERS

There are about 5,000 barristers who defend or prosecute in the higher. courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).

JUDGES

There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.

JURY

A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). -The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

MAGISTRATES

There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.

CORONERS

Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.

CLERKS OF THE COURT

Clerks look after administrative and legal matters in the courtroom.

Solicitors and Barristers

England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers.

If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. In fact there are at least 50,000 solicitors hi Britain, and the number is increasing.

Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. He prepares the case and the evidence. He actually speaks in Court for you.

In a civil action he can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes.

A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a will the best man to advise you is a solicitor.

To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him whilst studying part time for the "Law Society" exams. Interestingly enough, it is not necessary for you to go to university. When you have passed all the necessary exams, you can "practice", which means you can start business on your own.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in Court). Indeed, if you desire representation in any Court except the Magistrates' Court, you must have a barrister, with one or two exceptions.

Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers, often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. In many ways the remoteness they have and the job they do are medieval in conception.

To qualify as a barrister you have to take the examinations of the Bar Council. These are different from solicitors' examinations. There are over 5,000 barristers in England. A good one can earn 30,000 pounds a year. Only barristers can become judges in an English Court above a Magistrates' Court.

Barristers are also found in South Africa and New South Wales (Australia)

UNIT III.

CRIME.

Murder

The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth.

Many of these people think differently now. Three unarmed policemen have been killed in London by bandits who shot them down in cold blood. This crime has drawn attention to the fact that since, the abolition of capital punishment crime - and especially murder - has been on increase throughout Britain. Today, therefore, public opinion in Britain has changed. People who before, also in Parliament, stated that capital punishment was not a deterrent to murder - for there have always been murders in all countries with or without the law of execution - now feel that killing the assassin is the lesser of two evils. Capital punishment, they think, may not be the ideal answer, but it is better than nothing, especially when, as in England, a sentence of "lifelong" imprisonment (a life sentence, as it is called) only lasts eight or nine years.

All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains - the problem of how to prevent.murders. Some murders are committed by criminals evading arrest, by insane or mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed, and furthermore to stop the dangerous influence of violence in books, films, television and other mass media, from which so many criminals derive their "inspiration".

TASK 3. Read the text.

Crime in Great Britain

About 90 per cent of all crimes are dealt with by Magistrates' courts. Sentences (that is, the punishments decided by the court) vary a lot but most people who are found guilty have to pay a fine. Magistrates' courts can impose fines of up to £2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a Crown Court. The most severe punishment is life imprisonment: there has been no death penalty in Britain since 1965.

The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. By the end of that period the average prison population was more than 50,000 and new prisons had to be built as overcrowding had become a serious problem. By 1988 the cost of keeping someone in prison was over £250 per week, which was more than the national average wage.

The Survey of Crimes

Unit IV.

PUNISHMENT

Penalties in England

Prison

Suspended sentences: the offender does not go to prison unless he or she commits another offence;

Probation: normal life at home, but under supervision;

Youth custody in special centers for young adults;

Short disciplinary training in a detention center;

Community service: decorating old people's houses, etc.;

Compensation: paying, or working for, one's victim;

Fines: the punishment in 80 per cent of cases;

Disqualification from driving;

Fixed penalty fines: especially for parking offences.

Unit V.

THE WORLD OF CRIME

Bank Robbery

TASK 4. Fill this story about a bank robbery with the appropriate phrasal verbs in the correct tense. The meaning of each verb is given in brackets. Choose the appropriate phrasal verb from the box below.

The bank robbery

Yesterday, robbers (a) _______ (forced an entry into) the National Midland Bank in the High Street soon after closing time. They (b) _________ (threatened with guns) the staff, and forced the manager to (c) ________ (give them) £50,000 in cash. The robbers ran out of the bank and (d) _________ (escaped) in a stolen car, and were last seen (e) __________ (going in the direction of) the London Road. Police have warned the public that these men are very dangerous, and are unlikely to (f) _________ (surrender) without a fight. Said Chief Inspector Ralph Smith: "We're sure that we'll catch them soon. They won't (g) __________ (avoid punishment for) it".

 

make off;	get away with;	break into;	hand over;
give up;	hold up;	make for.

Unit VI.

Law Breakers

TASK 1. Match each word on the left with the appropriate definition on the right:

1. an arsonist	- attacks and robs people, often in the street
2. a shop-lifter	- sets fire to property illegally
3. a mugger	- is anyone who breaks the law
4. an offender	- breaks into houses or other buildings to steal
5. a vandal	- steals from shops while acting as an ordinary customer
6. a burglar	- kills someone
7. a murderer	- deliberately causes damage to property
8. a kidnapper	- steals things from people's pockets in crowded places
9. a pickpocket	- gets secret information from another country
10. an accomplice	- buys and sells drugs illegally
11. a drug dealer	- takes away people by force and demands money for their return
12. a spy	- helps a criminal in a criminal act
13. a terrorist	- uses violence for political reasons
14. an assassin	- causes damage or disturbance in public places
15. a hooligan	- hides on a ship or plane to get a free journey
16. a stowaway	- takes control of a plane by force and make the pilot to change course
17. a thief	- murders for political reasons or a reward
18. a hijacker	- is someone who steals
19. a forger	- makes counterfeit (false) money or signatures
20. a robber	- is a member of a criminal group
21. a smuggler	- steals money, etc. by force from people or places
22. a traitor	- marries illegally, being married already
23. a gangster	- is a soldier who runs away from the army
24. a deserter	- brings goods into a country illegally without paying tax
25. а bigamist	- illegally carries drugs into another country
26. a drug smuggler	- betrays his or her country to another state

TASK 2, Continue the following table with the words from Task 1 where possible. The first few are done for you. Consult the dictionary when necessary:

Crime	Criminal	Criminal Act
treason	Traitor	to betray
theft	Thief	to steal
murder	Murderer	to murder

TASK 3. Look at the picture and read the police bulletin:

Crime: Armed Robbery

Location: South & South Park Streets

Date: November 13, 1999

The public's assistance is requested in identifying the person or persons responsible for an armed robbery on the southwest corner of the South St. and South Park St. intersection.

This crime occurred at 9:30 a.m. on November 13, 1999.

At about 9:30 a.m. the victim, a young visitor to the city, was walking south along South Park St. At the southwest corner of South Park St. and South St., the suspect jumped in front of the victim, pulled a knife from his jacket and said, "Give me your purse or you're stuck!" The victim handed it over and the suspect fled the scene of the crime.

The suspect is described as a white male, 20–25 years old, medium build, 5'2", moustache, blue eyes, short brown hair, pointed nose. He was wearing a red baseball cap with a Montreal Canadians logo, a dark blue jacket, green jeans and white sneakers.

This man is armed and therefore dangerous. If you can identify the man in the photofit picture, or have any information on this or any crime, contact the local Police Department or Crime Stoppers at 1-800-555-8477, and you may be eligible for a cash reward.

TASK 4. Find in the text the description of the criminal and compose an opposite one: e.g. "The suspect is described as black, very tall..." Use some of the expressions given below:

FACE – long, round, oval, thin, plump, fleshy, puffy, wrinkled, pasty, pimpled, pock-marked, clean-shaven

FEATURES – clean-cut, delicate, forceful, regular / irregular, large, small, stern

COMPLEXION – fair, pale, dark, sallow

HAIR – curly, wavy, straight, receding (scanty), rumpled, shoulder-length, medium-length, short-cut, crew-cut, bobbed, dyed, bald, fair /dark-haired

FOREHEAD – high, low, narrow, square, broad

EYES – hollowed, bulging, close-set, deep-set, sunken, wide-apart, crossed-eyed

EYEBROWS – thin, thick, bushy, arched, pencilled, shaggy EARS – small, big, jug-eared

NOSE – prominent, straight, pointed, hooked, flat, aquiline, snub-nosed

LIPS – full, thin, painted, cleft lip

TEETH – even / uneven, sparse, artificial

CHEEKS – plump, hollow, ruddy, stubby

CHIN – square, pointed, double, massive, protruding

BEARD – full, bushy, spade beard, grey-bearded, heavy-bearded

MOUSTACHE – thin, thick, tooth brush, walrus

HEIGHT – tall, short, of medium height

BUILT – average, medium built, well-built, plump, skinny

DISTINGUISHING FEATURES – birth marks, freckles, scars, wooden leg, humpback, pot-belly

TASK 5. Translate the following police bulletin into English and make the corresponding photo fit:

ИХ РАЗЫСКИВАЕТ МИЛИЦИЯ

Разыскиваются преступники, совершившие убийство 21 сентября в доме номер 99 по улице Мира.

Первый: На вид 30 лет, рост 170-175 сантиметров, худощавого телосложения, волосы чёрные прямые, лицо круглое, нос прямой, глаза слегка навыкате.

Был одет: тёмная короткая кожаная куртка, светлые брюки, коричневые ботинки. Носит тёмные очки в металлической оправе.

Второй: На вид 40 лет, рост 175-180 см, плотного телосложения, волосы светлые, вьющиеся до плеч, лицо овальное, нос курносый, брови густые.

Был одет: тёмная удлиненная кожаная куртка, тёмные брюки.

Любую имеющуюся информацию просьба сообщить по телефону: 222-33-22 или 02.

ROLE-PLAY

Identify the Suspect!

Unit VII.

Jack the Ripper

"Jack the Ripper" was a mysterious killer who terrorised the East End of London in the autumn of 1888. His victims, all women, were killed by having their throats cut, and in many cases the bodies were savagely mutilated as well. The number of victims is said to be between four and fourteen, though police authorities generally thought that only five murders were definitely the work of the Ripper. The Ripper was never caught, and his identity remains a mystery. All kinds of people have been suggested as possible Rippers, including the Duke of Clarence and even a barrister.

Ellery Queen.

This was at the same time the name of a fictional detective and also the pen-name of the two authors, Frederick Dannay(1905-1971) and Manfred Lee (b. 1905) The books written by "Ellery Queen" are about Ellery Queen an American playboy, writer of detective stories, who keeps getting involved in mysteries himself. He first appeared in The Roman Hat Mystery in 1929, andin many later books. He was also the hero of several films made between 1935 and 1943, and Peter Lawford starred in a television series based on the books in 1971. Ellery Queen (the author) also founded a Mystery Magazine, which was a popular outlet for detective stories by other writers.

George Blake, b. 1922

Born in Holland, he was a famous traitor and Russian spy. During the Second World War, he was a member of the Dutch resistance until he escaped to England, joined the Navy and changed his name to Blake. He joined the intelligence services and was captured in Korea while serving in the British Embassy in Seoul. Blake was released in 1953 but had been secretly converted to communism while a prisoner. He then served as an agent for MI6 and as a double agent for the Russians, first in Berlin and later in

Britain. In 1960 he was arrested and sentenced in 1961 to no less than forty-two years in prison. But in 1967, helped by a released fellow-prisoner, he made a daring escape from Wormwood Scrubs prison and was smuggled out to Moscow, by the Russians.

'Ma' Barker, d. 1935

'Ma' Barker's gang was mostly composed of her own four sons, and she led them to criminal fame. She was never arrested, but her sons often were. Ma would appear in court and protest their innocence or raise bail. By the time the gang was cleared up by the FBI it had been responsible for the deaths of four policemen, a civilian and one of their own number who talked too much. The Barkers hit the big time when they started kidnapping rich men for ransom, but this increased the pressure by police and the FBI on the gang and its members had to split up. When Arthur Barker was captured, Ma's hideout in Florida was revealed The FBI's G-men surrounded the house and called on Ma Barker and her son Fred to surrender. "To hell with all of you", she replied and opened fire. The FBI used tear gas, but the gunfight continued until both Ma Barker and her son were dead.

Alphonse Capone, 1899—1947

'Аl' Capone is possibly the best-known of all American gangsters, though by no means the most important. His home ground was Chicago. He was brought into the rackets by Johnny Torrio and Torrio's uncle 'Big Jim' Colosimo. Capone seized his chance when Prohibition was declared in 1920, which made the manufacture and sale of alcohol illegal in America. He soon rose to control'a large part of the illegal liquor market in Chicago and the Middle West. A fierce and vicious man, he was responsible for many gangland killings, including the 1929 St. Valentine's Day Massacre, in which seven rival "bootleggers" (men selling illicit liquor) were trapped by gunmen dressed as police and machine-gunned to death. He was imprisoned in 1931 on income tax charges, became a model prisoner and was released in 1939.

Sherlock Holmes

The famous fictional detective of Victorian times was created by Sir Arthur Conan Doyle (1859—1930) who based the brilliant deductive method and personality of his character on Dr. Joseph Bell, under whom he had worked as a surgeon. Holmes with his incredible powers of deduction, his mastery of disguise and his scientific brilliance, first appeared in The Strand Magazine in 1882 in a story called A Study in Scarlet together with his faithful chronicler Dr. John Watson. Longer novels, collections of short stories continued to appear up until The Case of Sherlock Holmes (1927). But Conan Doyle had already been tired of his creation and had once tried to kill him off with his rival Professor Moriarty, but public pressure had secured his return. The stories remain hugely popular and have provided material for countless films and TV series. But the phrase "Elementary, my dear Watson" was never uttered by Holmes and is a later invention.

GLOSSARY

 

Task. Find the Russian equivalents for the following words.

Abolition

Accident

Accomplice

Accused

Arson

Arsonist

Assassin

Average

Barrister

Bigamist

Break into

Burglar

Burglary

Capital punishment

Case

Cash

Civil

Clerk

Code

Compensation

Coroner's court

County court

Court

Crime

Criminal

Cross-examine

Crown court

Death penalty

Debt

Decision

Defence

Defendant

Deserter

Detective

Drug-dealer

Escape

Evade arrest

Evidence

Execution

Fine

Fingerprints

Fogger

Fraud

Gangster

Grievous bodily harm

Guilt

Guilty

Handcuffs

Hideout

Hijack

Hijacker

Hooligan

Impose fines

Imprisonment

Incident

Innocent

Insane

Investigate

Judge

Jury

Juvenile court

Kidnapper

Kidnapping

Kill

Law

Lawyer

Legal system

Legal training

Level of crime

Life imprisonment

Mentally disturbed

 

Mugger

Mugging

Murder

Murderer

Oath

Offence

Offender

Photofit

Pickpocket

Pickpocketing

Rob

Robber

Scapegoat

Scene

Severe punishment

Shop-lifter

Shop-lifting

Smuggler

Spy

Stocking mask

Stowaway

Suspect

Tip-off

To be armed

To break into

To defense

To evade arrest

To handle

To impose fines

To prevent

To prosecute

To protect

To raise bail

To search

To steal

Verdict

Witness

 

 

Приложение к рабочей тетради для юристов.

Грамматика.

Упражнение №1.

Card 1.

1. an arsonist a) attacks and robs people, often.

in the street

2. a shop – lifter b) sets fire to property illegally

3. a mugger c) is anyone, who breaks the law

4. an offender d) breaks into houses or other

buildings to steal

5. a murderer e) steals from shops while acting

as an ordinary customer

6. a kidnapper f) kills someone

7. a pickpocket g) steals things from peoples

pockets in crowded places

8. a drug-dealer h) buys and sells drugs

9. a terrorist i) take away people by force

and demands money for their return

10. an assassin j) uses violence for political reasons

11. a thief k) murders for political reasons or a

reward

12. a hijacker l) takes control of a plane by force and

makes the pilot change course

13. a robber m) is someone who steals

14. a smuggler n) brings goods into a country illegally

without paying tax.

 

Card 2.

1. a shop-lifter a) sets fire to the property

2. an assassin b) hides on a ship or plane to get a free journey

3. a bigamist c) betrays his or her country to another state

4. a traitor d) buys and sells drugs illegally

5. a gangster e) marries illegally, being married already

6. a hooligan f) kills someone

7. a stowaway g)breaks into houses or other buildings to steal

8. a smuggler h) steals from shops while acting as an ordinary

9. a drug-dealer customer

10. a thief i) murders for political reasons or reward

11. a burglar j) is a member of a criminal group

12. a murderer k) brings goods into another country illegally

13. a fogger l) someone who breaks the law

14. an arsonist m) someone who steals

15. an offender n) make counterfeit money

o) causes damage or disturbance in public places

 

Card 3.

 

1. an offender a) betrays his or her country to another state

2. a kidnapper b) kills someone

3. an accomplice c) takes control of the plane by force

4. a spy d) is someone who steals

5. a hijacker e) is anyone who breaks the law

6. a robber f) attacks and robs people, often in the street

7. a mugger g) sets fire to the property illegally

8. a deserter h) deliberately causes damage to the property

9. a terrorist i) is a soldier who runs away from the army

10. a pickpocket j) brings goods to another country illegally

11. a thief k) uses violence for political reasons

12. a vandal l) steals money, etc. By force from people or places

13. an arsonist m) takes away people by force and demands money

14. a smuggler n) helps a criminal in a criminal act

15. a murderer o) gets secret information from another country

 

 

The Sources of English Law

The main sources of law in England and Wales are common law, legislation and European Community law.

Common law is the ancient law of the land. It forms the basis of the law. Although judges today may develop common law they interpret and apply statute law which is now the main source of legal development.

Legislation consists of laws made by or under the authority of the Parliament and may be:

1) statutes (or Acts of Parliament);

2) orders in Council, i.e. orders made by the Queen in Council. In practice, the Minister of a Government department usually drafts and makes the Order in the name of the Queen, whose approval is a formality;

 

3) orders, rules, regulations normally made by Ministers of a Government department, but such rules must be submitted to Parliament for approval;

4) by-laws made by local authorities exercising power conferred upon them by Parliament. By-laws require the approval of the appropriate Minister before they have legislative force.

The Court System of the USA

The American court system is complex. It functions as part of the federal system. Each state runs its own court system, and no two are identical. In addition they have a system of courts for the national government. These federal courts co-exist with the state courts.

Individuals fall under the jurisdiction of two different court systems. They are state courts and federal courts. They can sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are resolved in the state courts.

The federal courts are organized in three tiers, like & pyramid. At the bottom of the pyramid are the US district courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court.

 

The Court System of Russia

The law court is a state organ that administers justice on the basis of the laws of the state.

There are courts of first instance and second instance. A court of fir instance examines a case and brings in a sentence or a judgment. A court of second instance examines appeals and protests against sentences and judgments of court of first instance.

The basic judicial organ is the district court. It tries both criminal and civil cases. The district court consists of a judge and two assessors. Cases are tried in public and proceedings are oral. The participants in the trial (the victim, accused, the plaintiff, the defendant and others) speak in open court. The accused has the right to defense. The higher courts are city courts, regional courts and others. These courts try and determine more important cases. They also sit as courts of appeal. The highest judicial organ is the country Supreme Court supervising the activities of all the judicial organs of the state. As a court of first instance it tries the most important criminal and civil cases. It also hears appeals against sentences and judgments of lower courts.

According to the new law of procedure magistrates' courts for simple civil cases and juvenile courts for criminals under 18 are established. Besides, citizens get the right to trial by a jury.

КООПЕРАТИВНЫЙ ТЕХНИКУМ МУРМАНСКОГО ОПС

Рабочая тетрадь

Для юристов

(специальности 030503 «Правоведение», 030504 «Право и организация социального обеспечения»)

Составители:

Василевская Э.Б.,

Бурлакова Н.В.

Мурманск 2008

 

 

Unit I