Civil law (family, contract, intellectual property)

The civil law covers cases related to family, property, contracts and non-contractual wrongful acts suffered by one person at the hands of another (torts). Family law includes the laws governing marriage, divorce and the welfare of children; the law of property governs ownership, disposal of property on death, etc.; the law of contract regulates, for instance, the sale of goods, loans, partnerships, insurance and guarantees. Civil proceedings are started by the aggrieved person. As a private matter, they can usually be abandoned or ended by settlement between the parties at any time. In many cases, parties to a dispute settle their differences through their lawyers before the trial stage is reached.

Family law is divided into public and private law cases. Public law cases involve local government and other public authorities and include matters such as care of children. Private law cases involve divorce proceedings, etc. Most court cases involving children concern private disputes between parents — often after separation.

Torts include wrongs such as negligence, defamation, etc. if these legal rights have been infringed, a plaintiff can sue for compensation. One of the most important tort actions is that for negligence, when a person fails to live up to an expected standard of care and someone is injured as a result. This can cover physical damage or financial loss.

A contract is an agreement between two or more parties, which is enforceable by law. A valid business contract, for instance, must involve an offer to supply goods or services, consideration (the price to be paid) and acceptance by the purchaser. The offer may be revoked at any time before acceptance but it must be communicated to the purchaser. Accep­tance of an offer must mean agreement entirely with the terms of the offer, and the terms must be sufficiently detailed. In addition, the object of the contract must not be illegal; it is against the law for two people to make a deal between themselves if this involves a criminal offence.

An example of a contract is the purchase of goods in a shop. If the goods purchased turn out to be shoddy, the purchaser can sue the seller in the civil courts usually for damages. Conversely, if the ownership of goods passes to the purchaser and they are not paid for, the seller can sue for the price of goods. Similarly, an employer is bound to pay an employee for work done; if he or she fails to do so, a breach of contract action can take place.

Intellectual property laws reward the creators of original works by preventing others from copying, performing, or distributing those works without permission. They also provide incentives for people to produce scientific and creative works that benefit society at large. Some types of intellectual property are automatically protected by law from the moment of their creation. Other types require a specific grant of rights from a government agency before they may be protected by law. Nearly all nations have laws protecting intellectual property. The principal types of intellectual property are patents, copyrights, and trademarks. Patent law protects inventions that demonstrate tech­nological progress. Copyright law protects a variety of literary and artistic works, including paintings, sculpture, prose, poetry, plays, musical compositions, dances, photographs, motion pictures, radio and television programs, sound recordings, and computer software programs. Trademark law protects words and symbols that serve to id­entify different brands of goods and services in the marketplace.

Intellectual property differs from other forms of property because it is intangible, a product of the human imagination. Because intel­lectual property is intangible, many people may use it simultaneously without conflict. For example, only one person can drive a car at a time, but if an author publishes a book, many people can read the work at the same time. Intellectual property is also much easier to copy than it is to create. It may take many months of work to write a novel or computer program, but with a photocopy machine or a computer others could copy the work in a matter of seconds. Without intellectual property laws, it would be easy to duplicate original works and sell them for very low prices, leaving the original creators without any chance to secure economic rewards for their efforts. The legal system avoids this problem by making it against the law to reproduce various forms of intellectual property without the permission of the creator.

 

 

Контрольна робота 3

 

Варіант 3 (М-С)

 

1. Перекладіть наступні речення.

Don't forget to switch off the lights when you leave the room.

Go to Britain and you'll be able to speak English all day long.

Do write a letter on behalf of our family to a hotel to reserve accommodation.

 

2. Перетворіть речення на спонукальні

We could telephone for help. Let...

It's a secret. You mustn't tell anyone. Don't...

You mustn't bother me now. I'm much too busy. Don't...

 

3. Перекладіть наступні речення

Please don't touch anything before the police come.

He is still ill but he is getting better slowly.

George has gone to work in Spain.

I thought it would be a good idea to leave early.

 

4. Дайте стверджувальну або заперечну відповідь..

This train doesn't go to Odessa. that one

He enjoys every play by Chekhov. my father

We shan't see them tonight. I

 

5. Перекладіть наступні речення

We could have gone to the cinema last night, but we decided to stay at home.

When they buy a car they will be able to visit their friends more often.

A policeman arrived and told him he couldn't Park there.

 

6 Заповніть пропуски модальними дієсловами..

a) can/cannot could/couldn't be able to

I told him that he... leave whenever he wanted to.

 

б) must/mustn't have to be to

I … wait for an hour for the bus yesterday morning

You be more careful in future.

 

в) have to be able to be allowed to

Last autumn Peter was very ill and he... (1) go to hospital. When he was in hospital, he... (2) stay in bed ill the time. He... (3 not) have any visitors during the first three days. The first week, he felt so awful that he... (4 not) read or write. When he began to feel better, he... (5) read a book and look through a few magazines. He wanted to get up, but he still... (6 not) leave his bed. Mien Sally came to visit him, she... (7) be very quiet. And she... (8 not) stay longer that half an hour. A few lays later, he... (9) get up for a few minutes. After such a long time in bed he... (10 not) walk far. When Sally came to visit him again, she... (11 not) be so quiet. Soon he felt much better, and he... (12) sit in the hospital garden. After three weeks in hospital, he... (13) go home. He still... (14) take his medicine three times a day. Soon Peter... (15) go back to work, but he... (16 not) work at night for the next six weeks.

 

7 Заповніть пропуски модальними або допоміжними дієсловами..

is are was don't can can't have

have to has to will must should

 

THE FIRST DAY AT SCHOOL

… (1) you remember your first day at school? It...

(2) probably rather confusing. Now to avoid this confusion

Many primary schools have a special teacher who welcomes new pupils. In England she... (3) called a reception-class teacher. On the first day it is her responsibility to 'settle' the newcomers. Many people give their children the wrong idea about going to school,... (4) they? The children... (5) threatened with the idea of school, and if they... (6) been good, they... (7) un­derstand why they... (8) go to school. They imagine that school is optional.

When the child goes to school, on his first day, he... (9) watch his mother leaving. Often he thinks that she... (10) deserting him. The teacher... (11) convince him that at the end of the day his mother and his home... (12) still be there. The children are not the only people that... (13) disturbed by going to school. The teacher sometimes has just as much difficulty in coping with the mothers. They are just as upset as their children. All day they stay at home, wondering what... (14) happening and how their son or daughter... (15) managing.

The best way to deal with the situation is to get the child used to the idea of school. Before the beginning of term the mother... (16) take her child to see the teacher and to look round the school. The first day... (17) be something to look forward to and not to fear. Although the first day is difficult, the mother... (18) remember that her child... (19) be encouraged for a whole term at least.

 

 

8. Виправте помилки

I checked the timetable so I can't be wrong about the departure time.

You don't spend as much time as you must on your homework.

May you tell me where I can catch a bus to the railway station?

 

 

9. Перетворіть речення за допомогою наданих слів

allow to could have to should ought to

be able to can might must

 

I'm sure that you made a mistake when you added up the total. You...

Can you manage to get to the airport at 6.30 a.m.? Will...?

Why did you travel first class? It wasn't neces­sary, you know. You...

 

10. Якою частиною мови є підкреслені слова? Перекладіть наступні речення.

I object to being insulted. They are engaged in studying Unidentified Flying Objects.

Your work is not quite perfect. It takes most people a long time to perfect their pronuncia­tion in English.

Smoking is not permitted here. You need a permit to fish in the river.

 

11. а) Утворіть складні слова, перекладіть їх.Від якої частини мови вони утворені?

stomach, ache tooth, brush

girl, friend well, paid

deparment, store retired, person

bad, tempered application, form

step, father self, confident

grand, parent tea, cup

best, man engagement, ring

reading, hall

 

 

б) Заповнить пропуски складними словами.

1 Could you buy me a... at the supermarket?

2 He ate so much that he's got a... now.

3. Have you met Richard's new...?

4. It's difficult these days for a young person to find a... job.

5. You'll probably have to fill in an....

6. A... is paid a pension.

7. He's a very... person. I wish he were a bit more easy-going.

8. You have to be quite... to stand up in front of the audience.

9. Peter has asked Michael to be his... at the wedding.

10. When her mother remarried, she got on very well with her new....

11. Despite their age her... are still very alive.

12. I usually drink tea from the....

13. 1 don't like to go shopping to the... I prefer small shops.

14. As a student, did you often go to the...?

15. At the end of the party he gave her an....

 

12.. Прочитайте текст і зробить письмовий переклад

ADMINISTRATIVE LAW

Administrative law is a branch of law regulating the powers, procedures, and acts of public administration. It applies to the orga­nization, powers, duties, and functions of public officials and public agencies of all kinds. Its development has been concurrent with the

modern growth in the functions of government and in bureaucracy and with the parallel expanding need for legal safeguards over the agencies and officials of government.

Of the powers delegated to administrative authorities by modern regulatory statutes, four types may be mentioned: (1) the rulemaking power, or the power to issue general rules and regulations having the force of law for the purpose of filling up the details of statutory policy; (2) the licensing power, or the power to grant or refuse, to renew, and to revoke licenses or permits that may be required by statute for the pursuit of such professions as law and medicine and the conduct of certain forms of business; (3) the investigatory power, or the power to require witnesses to testify and produce books, papers, and records for the purpose of acquiring the information needed for effective regu­lation; and (4) the directing power, or the power to issue, usually after notice and an opportunity to be heard, administrative orders by which a private party is required, in conformity with the governing statute, to do or refrain from doing specified things.

Whatever the public-service and control functions of the admi­nistrative system may be, however, their performance depends upon the conduct of everyday auxiliary operations: the management of personnel, financing, planning, and so on. Accordingly, the law must also establish rules to authorize and govern these auxiliary and managerial operations and the relations that the administrative system is to bear, with respect to these operations, to other parts of the government.

In the broadest sense, the problem of administrative law is an aspect of the central problem of political theory: the reconciliation of autho­rity and liberty. More specifically, the purposes of legal control of public administration are: (1) to establish administrative authorities and enable them to carry out public policies designed to protect the public interest and (2) to safeguard private interests against administrative arbitrariness or excess of power.

It is important to remember, however, that in the larger view each of these interests includes the other as a factor. The public interest includes the welfare of all members of the community, those who are regulated no less than those for whose protection regulation is undertaken. Accordingly, the public interest itself suffers if those who are regulated become victims of administrative oppression. Yet it is equally true that the private interest of those who are regulated includes in the long run the public interest. They

may profit in the short run if the law renders ineffective those administr­ative efforts designed to prevent their exploitation of the public; but by the same token it may render ineffective their protection against forms of exploitation indulged in by others. The aim of administrative law is thus to attain a synthesis of public and private interests in terms of the social and economic circumstances and ideals of the age.

Administrative law has a valuable contribution to make as an inst­rument for controlling the bureaucracy. In social democratic regimes, political control and judicial control of administration are regarded as complementary but distinct. Political control is concerned with ques­tions of policy and the responsibility of the executive for administration and expenditure. Judicial control is concerned with inquiring into particular cases of complaint. Administrative law does not include the control of policy by ministers or the head of state.

One of the principal objects of administrative law is to ensure effi­cient, economical, and just administration. A system of administrative law that impedes or frustrates adrninistration would clearly be bad, and so, too, would be a system that results in injustice to the individual. But to judge whether administrative law helps or hinders effective admin­istration or works in such a way as to deny justice to the individual invo­lves an examination of the ends that public administration is supposed to serve, as well as the means that it employs.

In this connection only the broadest generalities can be attempted. It can be asserted that all states, irrespective of their economic and poli­tical system or of their stage of development, are seeking to achieve a high rate of economic growth and a higher average income per person. They are all pursuing the goals of modernization, urbanization, and industrialization. They are all trying to provide the major social services, especially education and public health, at as high a standard as possible. The level of popular expectation is much higher than in former ages. The government is expected not only to maintain order but also to achieve progress. There is a widespread belief that wise and well-directed government action can abolish poverty, prevent severe unemployment, raise the standard of living of the nation, and bring about rapid social development. People in all countries are far more aware than their forefathers were of the impact of government on their daily lives and of its potential for good and evil.

The growth in the functions of the state is to be found in the more-developed and in the less-developed countries; in both old and new states;

in democratic, authoritarian, and totalitarian regimes. The movement is far from having reached its zenith. With each addition to the functions of the state, additional powers have been acquired by the administrative organs concerned, which may be central ministries, local, provincial, or regional governments, or special agencies created for a particular purpose.

 

Контрольна робота 3

 

 

Варіант 4 (Т-Ч)

 

 

1. Перекладіть наступні речення.

Let me know if you're in difficulties and I'll see if I can help you.

Will you buy me a tube of toothpaste at the supermarket?

Let's leave the washing-up till tomorrow.

 

2. Перетворіть речення на спонукальні

I think we shouldn't talk about that. Don't let...

My tea is not sweet. I want some sugar. Pass.../Will…

You'll be late if you don't hurry up. Do...

 

3. Перекладіть наступні речення..

«Why have you put on your coat?» — «I'm going for a walk. Will you come with me?» — «Yes, I'd love to.»

He gathered up this evidence in a newspaper and carried it back into the sitting-room where Jennie was sewing.

Do you realize we have known each other for quite a period of time now?

When she went to bed, she remembered that she hadn't locked the door.

You see, I have been doing this kind of thing for the last twenty years.

 

4. Дайте стверджувальну або заперечну відповідь

I've unpacked my cases. the others

She needn't wait long. you

They will go to the country for the weekend. we

 

5. Перекладіть наступні речення..

He said that we might use his flat whenever we liked.

There was plenty of time and I didn't have to leave her at once.

He must be trying to find the solution.

If you want to become a good specialist you must study a lot.

The final cup was to be played that afternoon and, of course, I simply had to go, examination or no examination.

 

6. Заповніть пропуски модальними дієсловами

a) can/cannot could/couldn't be able to

I'll get a car of my own as soon as I... drive.

 

6) must/mustn't have to be to

There... have been at least 10,000 people there.

Sorry, I've got to rush. I... meet Mother at the station at six sharp.

 

в) have to be able to be allowed to

Last autumn Peter was very ill and he... (1) go to hospital. When he was in hospital, he... (2) stay in bed ill the time. He... (3 not) have any visitors during the first three days. The first week, he felt so awful that he... (4 not) read or write. When he began to feel better, he... (5) read a book and look through a few magazines. He wanted to get up, but he still... (6 not) leave his bed. Mien Sally came to visit him, she... (7) be very quiet. And she... (8 not) stay longer that half an hour. A few lays later, he... (9) get up for a few minutes. After such a long time in bed he... (10 not) walk far. When Sally came to visit him again, she... (11 not) be so quiet. Soon he felt much better, and he... (12) sit in the hospital garden. After three weeks in hospital, he... (13) go home. He still... (14) take his medicine three times a day. Soon Peter... (15) go back to work, but he... (16 not) work at night for the next six weeks.

 

7. Заповніть пропуски модальними або допоміжними дієсловами.

is are was don't can can't have

have to has to will must should

 

THE FIRST DAY AT SCHOOL

… (1) you remember your first day at school? It...

(2) probably rather confusing. Now to avoid this confusion

Many primary schools have a special teacher who welcomes new pupils. In England she... (3) called a reception-class teacher. On the first day it is her responsibility to 'settle' the newcomers. Many people give their children the wrong idea about going to school,... (4) they? The children... (5) threatened with the idea of school, and if they... (6) been good, they... (7) un­derstand why they... (8) go to school. They imagine that school is optional.

When the child goes to school, on his first day, he... (9) watch his mother leaving. Often he thinks that she... (10) deserting him. The teacher... (11) convince him that at the end of the day his mother and his home... (12) still be there. The children are not the only people that... (13) disturbed by going to school. The teacher sometimes has just as much difficulty in coping with the mothers. They are just as upset as their children. All day they stay at home, wondering what... (14) happening and how their son or daughter... (15) managing.

The best way to deal with the situation is to get the child used to the idea of school. Before the beginning of term the mother... (16) take her child to see the teacher and to look round the school. The first day... (17) be something to look forward to and not to fear. Although the first day is difficult, the mother... (18) remember that her child... (19) be encouraged for a whole term at least.

 

8. Виправте помилки

You shouldn't to believe all the information that you read in the newspapers.

For most minor crimes people need be made to do community work or something else useful.

You may rely on that lawyer. He won't disap­point you.

 

9. Перетворіть речення за допомогою наданих слів

allow to could have to should ought to

be able to can might must

The ticket inspector didn't let us go onto the platform. We...

I think he's broken his leg, but I'm not sure. He...

I'm pretty sure he was driving far too fast. He...

 

10. Якою частиною мови є підкреслені слова? Перекладіть наступні речення.

His work is progressing well. He's made a great progress in English lately.

They protested about the situation. They held a protest meeting.

 

 

11. а) Утворіть складні слова, перекладіть їх.Від якої частини мови вони утворені?

stomach, ache tooth, brush

girl, friend well, paid

deparment, store retired, person

bad, tempered application, form

step, father self, confident

grand, parent tea, cup

best, man engagement, ring

reading, hall

 

б). Заповнить пропуски складними словами

1 Could you buy me a... at the supermarket?

2 He ate so much that he's got a... now.

3. Have you met Richard's new...?

4. It's difficult these days for a young person to find a... job.

5. You'll probably have to fill in an....

6. A... is paid a pension.

7. He's a very... person. I wish he were a bit more easy-going.

8. You have to be quite... to stand up in front of the audience.

9. Peter has asked Michael to be his... at the wedding.

10. When her mother remarried, she got on very well with her new....

11. Despite their age her... are still very alive.

12. I usually drink tea from the....

13. 1 don't like to go shopping to the... I prefer small shops.

14. As a student, did you often go to the...?

15. At the end of the party he gave her an....

 

12.. Прочитайте текст і зробить письмовий переклад

 

 

EMPLOYMENT LAW

Employment law is that part of law which deals with the legal problems arising from the employment relationship. The relationship between employer and employee is based on the contract of emp­loyment. However, with the development of trade unions, employers' organisations and, in particular, state intervention, the subject covers many aspects other than simply the contract of employment.

Traditionally it has been thought that employment law, perhaps more than any branch of law, exists largely to prevent the need for the parties to a dispute to resort to the tribunals or courts. Recent trends have meant increased confrontation in the employment sphere and parties in such disputes seem more willing to resort to legal redress in order to test the legal merits of their actions. The law, therefore, is becoming increasingly important in such areas. The use of practice and procedures, which are based on the legal framework, are obviously s-till important but so is the use of the legal remedy.

Particularly in the past twenty years, employment law has had a growing significance for managers — whether general managers or human resource practitioners. Potentially, it influences and may con­strain action that managers want to take.

A manager advising on the handling of a dismissal, for example, is more likely to produce an effective and lawful outcome if s/he does not focus exclusively on the problem in hand (terminating the employment of an employee who has misbehaved). Remembering the purposes behind the legislation (to provide fair reasons, fair treatment and natural justice and consideration of all the circumstances) is important. Similarly, a recognition of the business context and organisational needs is important.

Likewise, the development of corporate policies is more likely to be effective and well-informed if they are not seen, narrowly, as a series of conditions of employment to be applied mechanistically. For example, when parental leave policies are formulated, an understanding of the social trends against which they are developed is important (e.g. greater economic activity by women, longer working hours, difficulties of reconciling work and non-work life). Furthermore, the social purposes behind this legislation (to promote family-friendly policies and provide a better balance between work and non-work life) should be ack­nowledged to ensure that the corporate policies achieve the statutory objectives. A manager who understands these purposes is better able to defend and argue for policy developments with colleagues.

Broadly speaking, the employment relationship is regulated by voluntary and legal measures. Voluntary measures comprise agreements and other decisions. They also include voluntarily accepted standards of good practice. In practice, these do not exist as isolated sets of measures. They, invariably, interlink and influence each other.

These voluntary and legal mechanisms achieve two broad purposes.

First, at various points, they influence the function of management - i.e. the ways in which managers exercise power, control workforces and manage conflicts of interest. The influence on management can be illustrated in the following way. It is widely accepted that the employment relationship is characterised by an imbalance of power in favour of the employer. Both voluntary and legal regulation can restrain the unfettered exercise of this employer power. Furthermore, the law can establish both minimum conditions of employment and also set limits on the action an employer might take against employees.

The second purpose is to assert certain principles. On the one hand, there are those principles that influence the nature and quality of decisions that are made (for example, fairness, equal treatment, reasonableness, etc.). In addition are those principles, which mould the regulatory process itself— for example, the fundamental importance of consent to the contract of employment, and of procedural fairness in disciplinary cases.

 

 

Контрольна робота 3

 

Варіант 5 (Ш-Я)

 

1. Перекладіть наступні речення.

Let him not tell the parents about your short­comings.

Don't forget to order the supplies I need.

Let him get one day off per week.

Please fill in this questionnaire.

 

2. Перетворіть речення на спонукальні

I really need that dictionary. Let.../Will…

The road is too bad. I want you to be careful. Do...

 

3. Перекладіть наступні речення..

She is going to re-sit for her maths exam next week.

I thought he would tell her that he intended to go abroad.

I couldn't use my car last week, it was being repaired.

Will anyone who saw this accident please phone the nearest police station.

 

4. Дайте стверджувальну або заперечну відповідь

Nick always follows his teacher's advice. I

You don't remember me. she

We haven't had lunch. the others

Tuesday's concert wasn't very good. Wednesday's

 

5. Перекладіть наступні речення..

There are two kinds of speeches: there's a speech which a man makes when he has some­thing to say, and the speech when he has to say something.

There are too many accidents. Everyone should be much more careful.

When he went into his room he found it icy cold; he shouldn't have left the windows open.

Your questions surprise me, you ought to know this.

 

6. Заповніть пропуски модальними дієсловами

a) can/cannot could/couldn't be able to

I'll get a car of my own as soon as I... drive.

It... be Simon. I'm sure it was really Joe who did it.

 

6) must/mustn't have to be to

I know they are only dancing, but they... make so much noise, surely?

в) have to be able to be allowed to

Last autumn Peter was very ill and he... (1) go to hospital. When he was in hospital, he... (2) stay in bed ill the time. He... (3 not) have any visitors during the first three days. The first week, he felt so awful that he... (4 not) read or write. When he began to feel better, he... (5) read a book and look through a few magazines. He wanted to get up, but he still... (6 not) leave his bed. Mien Sally came to visit him, she... (7) be very quiet. And she... (8 not) stay longer that half an hour. A few lays later, he... (9) get up for a few minutes. After such a long time in bed he... (10 not) walk far. When Sally came to visit him again, she... (11 not) be so quiet. Soon he felt much better, and he... (12) sit in the hospital garden. After three weeks in hospital, he... (13) go home. He still... (14) take his medicine three times a day. Soon Peter... (15) go back to work, but he... (16 not) work at night for the next six weeks.

 

7. Заповніть пропуски модальними або допоміжними дієсловами.

is are was don't can can't have

have to has to will must should

 

THE FIRST DAY AT SCHOOL

… (1) you remember your first day at school? It...

(2) probably rather confusing. Now to avoid this confusion

Many primary schools have a special teacher who welcomes new pupils. In England she... (3) called a reception-class teacher. On the first day it is her responsibility to 'settle' the newcomers. Many people give their children the wrong idea about going to school,... (4) they? The children... (5) threatened with the idea of school, and if they... (6) been good, they... (7) un­derstand why they... (8) go to school. They imagine that school is optional.

When the child goes to school, on his first day, he... (9) watch his mother leaving. Often he thinks that she... (10) deserting him. The teacher... (11) convince him that at the end of the day his mother and his home... (12) still be there. The children are not the only people that... (13) disturbed by going to school. The teacher sometimes has just as much difficulty in coping with the mothers. They are just as upset as their children. All day they stay at home, wondering what... (14) happening and how their son or daughter... (15) managing.

The best way to deal with the situation is to get the child used to the idea of school. Before the beginning of term the mother... (16) take her child to see the teacher and to look round the school. The first day... (17) be something to look forward to and not to fear. Although the first day is difficult, the mother... (18) remember that her child... (19) be encouraged for a whole term at least.

 

8. Виправте помилки.

 

He is so charming that many people might to be deceived by his lies.

If you are ill, we need cancel the party.

You are to try and reduce the amount of coffee you drink.

 

9. Перетворіть речення за допомогою наданих слів.

allow to could have to should ought to

be able to can might must

 

What will you do to a person who steals money? He...

You phoned someone yesterday. Who...?

A dropped cigarette probably started the fire. The fire...

 

10. Якою частиною мови є підкреслені слова? Перекладіть наступні речення.

Please listen to the recording. Have you heard their new record?

He is suspected of the crime. He is the main suspect.

 

 

11. а) Утворіть складні слова, перекладіть їх.Від якої частини мови вони утворені?

 

stomach, ache tooth, brush

girl, friend well, paid

deparment, store retired, person

bad, tempered application, form

step, father self, confident

grand, parent tea, cup

best, man engagement, ring

reading, hall

 

б) Заповнить пропуски складними словами.

1 Could you buy me a... at the supermarket?

2 He ate so much that he's got a... now.

3. Have you met Richard's new...?

4. It's difficult these days for a young person to find a... job.

5. You'll probably have to fill in an....

6. A... is paid a pension.

7. He's a very... person. I wish he were a bit more easy-going.

8. You have to be quite... to stand up in front of the audience.

9. Peter has asked Michael to be his... at the wedding.

10. When her mother remarried, she got on very well with her new....

11. Despite their age her... are still very alive.

12. I usually drink tea from the....

13. 1 don't like to go shopping to the... I prefer small shops.

14. As a student, did you often go to the...?

15. At the end of the party he gave her an....

 

 

12.. Прочитайте текст і зробить письмовий переклад

 

CRIMINAL LAW

Criminal Law is the body of law that defines criminal offences, re­gulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.

The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in coun­tries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations — that is, limits for the period during which charges may be made.

A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self-defense, defense of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, maybe excused if the defendant believed that the use of force was necessitated by special circumstances.

Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are cons­piracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.

Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has con­sistently rejected all efforts toward comprehensive legislative co­dification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.

The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been

repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.

In Europe the criminal law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries.

In the last few decades the movement for codification and law reform has made considerable progress everywhere.

Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legis­lation, and rehabilitation.

 

 

КОНТРОЛЬНЕ ЗАВДАННЯ № 4

Для того, щоб виконати завдання 4, необхідно засвоїти наступні розділи курсу англійської мови за рекомендованим посібником.

1 Умовні речення

2. Об'єктні та суб^сктні інфінітивні комплекси, залежні та незалежні дієприкметникові звороти.

З Складні форми інфінітива та дієприкметника

Після вичення зазначеного матеріалу приступайте до виконання snpas. Використовуйте зразку виконання вправ

 

 

Контрольна робота 4

 

Варіант 1 (А-Е)

1. Вставте інфінітив із часткою toабо без неї. Перекладіть наступні речення.

1. You may (to join) us if you wish.

2. The granny didn't actually (to see) the child (to take) it.

3. The robber made the teller (to give) him the money.

4. Let her (to do) what she wants (to do).

5. John allowed his daughter (to swim) with her friends.

 

2. Перекладіть наступні речення.

1. Would you like me to translate this text?

2. He is thought to be the best player.

3. There appears to have been a misunderstanding.

4. I felt somebody touch me lightly on the shoulder.

5. You are supposed to know the laws of your own country.

 

3. Утворіть необхідну форму герундія Перекладіть наступні речення..

1. Excuse me for (to give) you so much trouble.

2. You never mentioned (to speak) to them on the subject.

3. He was proud of (to award) the prize.

4. I don't remember ever (to see) you.

5. I don't remember (to ask) this question.

 

4. Вставте інфінітив або герундій.. Перекладіть наступні речення..

1. I admit (to tell/telling) you lies.

2. She likes her children (to go/going) to the dentist every six months.

3. Do you want (to discuss/discussing) the matter?

4. He doesn't allow (to smoke/smoking) in his office.

5. Donna is interested in (to open/opening) a bar.

 

5. Перетворіть речення та перекладіть їх.

Зразок The book is not interesting. I shall not read it.

If the book were interesting, I should read it.

1. It's awfully hot. We shan't go swimming.

2. It's a nasty day. They won't go down to Minsk.

3. I have a bad headache. I shall not do the translation tonight.

4. It's cold. They won't go for a walk.

5. He has a cold. He won't go out.

 

6. Утворіть потрібну форму дієслів в умовних реченнях. Перекладіть їх.

1. If it (to rain) this weekend, we (not to be able) to play tennis.

2. Give me Peter's letter. If I (to see) him, I (to give) it to him.

3. I have to work about 80 hours a week, so I'm very busy. But if I I (to have) any spare time,

I (to take up) a sport like golf.

4. If I (to be) taller, I (ca n) be a policeman, but I'm too short.

5. Please start your meal. If you (not to have) your soup now, it (to go) cold.

 

7. Підкресліть правильний варіант.. Перекладіть наступні речення...

1. A beautiful (angle/angel) adorned their Christmas tree.

2. The rescuers were a welcome (cite/sight/site) for those trapped on the snow-covered

mountain.

3. (Who 's/Whose) supposed to supply the refreshments for tonight's meeting?

4. It is a (costume/custom) in the United States to eat turkey on Thanksgiving day.

5. (Weather/whether) we drive or fly depends on the length of our vacation.

 

8. Перекладіть слова і словосполучення. Знайдіть в тексті (впр. 9) речення з ними. Перекладіть ці речення.

adjudication, counsel, redress, grievance, litigant

 

9. Прочитайте текст і зробить письмовий переклад. 3-го абзацу текста.

1. Court, also called court of law is a person or body of persons having judicial authority to hear and determine disputes in particular cases, civil, criminal, ecclesiastical, or military. The term «court» also de­notes the chamber, hall, building, or other place where such judicial proceedings take place.

2. The word «court» originally meant simply an enclosed place, and still does in the architectural sense. Judicial tribunals were originally enclosures where the judges sat, while counsel, attorneys, and the general public had to remain on the outside of a bar; hence, the expression «called to the bar» is used to apply to a lawyer newly qualified to practice. At first these enclosures were temporary struc­tures in an open field; later, they became fixtures in a large room or hall, the courtroom.

3. The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic adju­dication of disputes on the basis of established customs and consciously formulated rules of social conduct. Archaeologists and anthropologists have established the existence of courts in simple societies over wide areas of Asia, Africa, and Europe; courts were not as widespread among the Native Americans of North and South America. Primi­tive courts formed part of a complex social structure in which ad­ministrative, judicial, and religious functions were intermingled. These courts were held in the open or in religious temples. More often than not, the judges were priests. Those who attended were considered part of the court, whether or not they had an immediate interest in the proceedings or in the judgments rendered. The proceedings consisted in large part of rituals designed to secure the redress of grievances presented by individuals against other individuals.

4. In the highly developed civilizations of antiquity, notably those of Assyria and Egypt, judicial and executive functions were undifferentiated and were centralized in the monarch as head of state. Insight into the structure and functions of Babylonian courts of the 18th century ВС was obtained when the ancient legal document known as the Code of Hammurabi was discovered early in the 20^th century. A highly developed judicial system existed also among the ancient Hebrews.

5. In the judicial system of ancient Athens, a unique feature, intro­duced by the lawgiver Solon in the 6^th century ВС, was the right of aggrieved litigants to appeal the decisions of magistrates to the people of Athens, assembled as a «public assembly». In later years, these assemblies became courts of first resort presided over by magistrates who prepared cases for trial. These courts subsequently became unwieldy, and they were divided into sections called dicasteries.

6. The evolution of courts in ancient Rome was marked by the development of a complex structure in which criminal, civil and other jurisdictions were differentiated and were exercised by separate courts and officials. Violations of criminal law were prosecuted by the state; higher and lower courts were organized; the right of appeal was juridically guaranteed; and a corps of professional jurists was established for the first time in the history of Mediterranean civilization. After Christianity became the state 1 religion of Rome, the ecclesiastical courts, previously established by Christians who had refused to have recourse to pagan courts, ' became a part of the Roman legal system. As the Roman Empire disintegrated, the ecclesiastical courts survived and assumed jurisdiction over secular affairs.

7. In Europe in the early Middle Ages the judicial functions were not yet separate from the legislative and administrative functions. The king or other ruler, together with his chief councillors, sat in a meeting hall for the exercise of all these functions, and so the household of the ruler was also called «the court». Since all judicial authority was derived from the ruler, his presence was assumed in all the specialized courts.

8. From the 12th century onward the increasing number of university-trained civilians and canonists created a recognized legal profession, and the rise of the legal profession also determined the gradual sepa­ration of judicial from administrative functions.

 

10. Прочитайте речення та перекладіть їх. Які з них відповідають змісту текста?.

1. The word «court» means a group of people, often with specialist knowledge or skill, who have been brought together in order to ex­amine the causes of crimes.

2. The existence of court implies a relatively high state of a society and the need for consciously formulated rules of social conduct.

3. In the highly developed civilizations of antiquity judicial and execu­tive functions were undifferentiated and were centralized in the monarch as head of state.

4. The evolution of courts in ancient Rome did not touch the undif­ferentiated character of criminal, civil and other jurisdictions.

5. In Europe in the Early Middle Ages the judicial functions were sepa­rated from the legislative and administrative functions.

6. From the 12th century the increasing number of university-trained civilians created a recognized legal profession.

11. Надайте заголовок. Напишіть англійською мовою анотацію до текста (впр 9)

 

 

Контрольна робота 4

Варіант 2 (Ж-Л)

1. Вставте інфінітив із часткою toабо без неї. Перекладіть наступні речення.

1. When I was a child I was made (to practice) the piano every day.

2. Jane felt herself (to grow) red to the tips of her toes.

3. That police crew was never known (to retreat).

4. Don't let us (to waste) time. There are a hundred things (to be done).

5. The bank robbers made the cashier (to show) them how (to open) the safe.

 

2. Перекладіть наступні речення.

1. I happened to be out when he called.

2. What has made her leave us so soon?

3. This small town is known to have once been the capital of the country.

4. His new job was believed to have marked a turning point in his career.

5. I never saw a man pick up this work so fast.

 

3. Утворіть необхідну форму герундія Перекладіть наступні речення..

1. The boys were punished for (to break) the window.

2. The boy was afraid of (to punish) and hid himself.

3. He was quite serious in (to say) that he was leaving the place for good.

4. She seemed sorry for (to be) rude to me.

5. He confessed to (to forget) that he was to come on Friday.

 

4. Вставте інфінітив або герундій.. Перекладіть наступні речення..

1. Don't forget (to lock/locking) the door before (to go/going) to bed.

2. Can you remind me (to phone/phoning) Ann tomorrow?

3. I agree if the job won't mean (to move/moving) to another area.

4. He means (to get/getting) at the truth, however long it can take.

5. The boys like (to play/playing) games but hate (to do/doing) lessons.

5. Перетворіть речення та перекладіть їх.

Зразок The book is not interesting. I shall not read it.

If the book were interesting, I should read it.

1. I can't give you a lift because I haven't got a car.

2. We won't have a holiday. We haven't got any money.

3. I don't know the answer, so I can't tell you.

4. There aren't any eggs. I won't make an omelette.

5. We have three children. We won't take a year off and travel round the world.

 

6. Утворіть потрібну форму дієслів в умовних реченнях. Перекладіть їх.

1. If I (to find) your passport, I (to telephone) you at once.

2. If they (to want) to get rid of their mistakes, they (to work) more at the language

laboratory.

3. If you (to put) on the kettle, I (to make) the tea.

4. Unless you (to b e) more careful, you (to have) an accident.

5. You (to have) so much trouble with your car if you (to have) it serviced regularly.

 

7. Підкресліть правильний варіант.. Перекладіть наступні речення...

1. I have (your/you're) notes here, but I cannot find mine.

2. Pasquale is of French (decent/descent), but his cousin is English.

3. Dr. Hippie will not be coming (to/two/too) the meeting because he has (to/two/too) many

people to grade.

4. Although my mother never eats (desert/dessert), I prefer something sweet.

5. I guess (their/there/they're) not interested because we have not heard from them.

 

8. Перекладіть слова і словосполучення. Знайдіть в тексті (впр. 9) речення з ними. Перекладіть ці речення.

 

entrust, rules of procedure, appellate tribunal, legislative courts, courts of general jurisdiction

 

9. Прочитайте текст і зробить письмовий переклад. 2-го абзацу текста.

1. Courts in the United States are the judicial organs of government, comprising two principal systems: the federal courts, referred to as United States courts, and the state courts. The federal courts were provided for in the U.S. Constitution on the theory that the judicial power of the federal government could not be entrusted to the states, many of which were jealous of the powers necessary for a strong national government. The states were left free to establish their own judicial systems subject to the exclusive jurisdiction of the federal courts, and to Article VI of the Constitution declaring the judges of the state courts to be bound by the Constitution and the laws and treaties of the U.S.

2. The Jurisdiction of the federal courts is defined in Article III, Sec­tion 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies be­tween a state, or its citizens, and foreign governments or their sub­jects; and to controversies between the citizens of one state and the citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between the citizens of one state and the government of another state; the 11th Amendment (ratified February 7, 1795), however, removed from federal jurisdic­tion those cases in which the citizens of one state were plaintiffs and the government of another state was the defendant. The amendment did not disturb the jurisdiction of the federal courts in cases in which a state government is a plaintiff and a citizen of another state — the defendant. Federal courts have exclusive jurisdiction in patent and copyright cases; and by congressional enactment in 1898, federal courts were vested with original jurisdiction in bankruptcy cases.

3. The courts established under the powers granted by Article III, Sections 1 and 2, of the Constitution are known as constitutional courts. Judges of constitutional courts are appointed for life by the president with the approval of the Senate. These courts are the district courts, tribunals of general original jurisdiction; the courts of appeals, ехеrcising appellate jurisdiction over the district courts and the Supreme Court. A district court functions in each of the more than 90 federal judicial districts and in the District of Columbia. A court of appeals functions in each of the 11 federal judicial circuits and in the District of Columbia. All lower federal courts operate under uniform rules of procedure promulgated by the Supreme Court.

4. The Supreme Court is the highest appellate tribunal in the country and is a court of original jurisdiction according to the Constitution «in all cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be a Party».

5. Other federal courts, established by Congress under powers held to be implied on other articles of the Constitution, are called legislative courts. These are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of these courts are suggested by their titles.

 

10. Прочитайте речення та перекладіть їх. Які з них відповідають змісту текста?.

1. The states were allowed to establish their own judicial systems subject to the exclusive jurisdictions of the federal courts and to Article VI of the Constitution.

2. Federal courts have exclusive jurisdiction in patent and copyright cases; in 1898 they were vested with original jurisdiction in bank­ruptcy cases.

3. Judges of constitutional courts are appointed for life by the Su­preme Court with the approval of the Senate.

4. A district court functions in each of the more than 90 federal judicial districts and in the District of Columbia.

5. The Claim Court, the Court of International Trade and the Tax Court established by the Senate are called courts of general juris­diction.

 

11. Надайте заголовок. Напишіть англійською мовою анотацію до текста (впр 9)

Контрольна робота 4

Варіант 3 (М-С)

1. Вставте інфінітив із часткою toабо без неї. Перекладіть наступні речення.

 

1. I felt the house (to shake) with the explosion.

2. The policeman let the suspect (to make) one phone call.

3. It is up to you (to learn) the laws of your own country.

4. The kidnappers told the parents (not to inform) the police and the parents didn't dare (to

disobey).

5. He was made (to do) his work independently.

2. Перекладіть наступні речення

1. They are supposed to know the principle of law on which the decision is based.

2. She is said to have once been a famous lawyer.

3. How can you expect anyone to think well of us when such things are written about us?

4. She appears to know everything about the English legal system.

5. After a ten-minute wait I watched the train pull out.

 

3. Утворіть необхідну форму герундія Перекладіть наступні речення..

 

1. The old man could not stand (to make) fun of.

2. Letters were no use: he had no talent for (to express) himself on paper.

3. After thoroughly (to examine) by the doctor, the young man was admitted to the sports

club.

4. Soon she could not help (to attract) by the fact that she was being looked at.

5. The camera needs (to adjust).