Иностранный язык в сфере юриспруденции
Выберите правильный вариант ответа:
1. This decision created a new …………
1) precedent
2) precedents
2. They won …….. for her dissertation.
1) grants
2) grantes
3. Because she came from a very poor background, she was given …….. by local government.
1) scholarship
2) scholar
4. ………… are calculated per academic year.
1) Tuition fee
2) Tuition fees
5. The most prominent …….. of St. Petersburg University are two Russian Presidents.
1) graduates
2) graduats
6. The ………. of Harvard Law School includes more than 260 courses and seminars.
1) curriculum
2) curricula
7. Legal Studies ………. include such topics in Law as Contracts, Property, Torts.
1) seminars
2) seminares
8. Participation in extra-curricular ……..can improve students’ academic performance.
1) activities
2) activites
9. We provide…….. legal advice and representation to people facing charges in all courts.
1) specialist
2) specialty
10. He is an internationally renowned …….. on organized crime.
1) expert
2) expectation
11. Our two … are crying all the time.
1) babies
2) babys
12. No news … good news.
1) is
2) are
13. .… usually fly not very high.
1) flys
2) flies
14. These potatoes weigh five … .
1) kiloes
2) kilos
15. I don’t like going by car. If I have a chance, I always go on … .
1) foot
2) feet
16. What do you need these … for?
1) boxs
2) boxes
17. My new Swiss watch … 3 minutes slow.
1) is
2) are
18. Those were the happiest days of our … .
1) lifes
2) lives
19. Leaves usually … trees in autumn.
1) leaf
2) leave
20. Rock music of the 1970s is an extremely interesting cultural … .
1) phenomenon
2) phenomena
21. Big … don’t cry.
1) boys
2) boyes
22. I prefer natural … when I want to change my hair style.
1) dies
2) dyes
23. It is rather dangerous to walk on … after the rain.
1) roofs
2) roofes
24. Dentists recommend using … twice a day: in the morning and in the evening.
1) tooth`s paste
2) toothpaste
25. … are flowers of life.
1) Childs
2) Children
26. The naughty kid likes throwing rotten … at passers-by.
1) tomatos
2) tomatoes
27. 50 … of oil leaked out of the tanker into the sea.
1) Tones
2) Tons
28. There is no piano in the … .
1) bushes
2) bushs
29. … in our house are so annoying. We definitely need a cat.
1) Mices
2) Mice
30. My little son is afraid of grey … that come at night.
1) wolvies
2) wolves
31. Go down ……..Kingston Street and turn right into Mill Road.
1) the
2) a
3) –
32. We'll go for a walk if ……..sun comes out.
1) a
2) –
3) the
33. I know how to use ……. computer.
1) a
2) these
3) an
34. I spent …….very interesting holidays in England.
1) these
2) a
3) –
35. Those are the people …… dog chases our cat.
1) whom
2) their
3) whose
36. Assault is ........ threat against person.
1) the
2) a
3) –
37. ........battery is a physical attack.
1) the
2) a
3) –
38. In ……..civil case a victim must prove that he or she was in danger.
1) the
2) a
3) –
39. Threatening with a pistol may be ...assault.
1) the
2) an
3) a
40. In ...case of battery an amount of a contact is unimportant.
1) the
2) -
3) a
41. I had …… toast and …… orange for breakfast.
1) the, the
2) a, an
3) a, a
42. Anna has a dog. …….. dog is very friendly.
1) the
2) a
3) an
43. I cleaned …… house yesterday.
1) an
2) a
3) the
44. This is …….. very beautiful painting.
1) a
2) an
3) the
45. Can you turn on ……. light, please?
1) the
2) an
3) a
46. Is there …… hotel near your house?
1) the
2) an
3) a
47. Claire has gone to ……. post office.
1) a
2) the
3) an
48. ……. apartment where we stayed was very nice.
1) a
2) an
3) the
49. My brother goes to …… gym three times …… week.
1) a, the
2) a, a
3) the, a
50. Do you have ……. TV in your room?
1) a
2) the
3) —
51. Their office is on …… seventh floor.
1) a
2) the
3) —
52. Paris is…… capital of ….. France.
1) a, —
2) the, —
3) the, the
53. What is ……. highest mountain in the world?
1) a
6
2) —
3) the
54. …… sky is blue and ……. sun is shining brightly.
1) the, the
2) the, a
3) a, a
55. Is this …… same book you were reading last week?
1) a
2) —
3) the
56. There are billions of planets in …… space.
1) —
2) the
3) a
57. We usually have …… dinner at 7 pm.
1) —
2) the
3) a
58. Open your books at …… page 29.
1) a
2) the
3) —
59. Lily broke her leg yesterday. She’s in …… hospital now.
1) —
2) the
3) a
60. My mother works at …… home.
1) the
2) —
3) a
71. He is ………. than other lawyers.
1) intelligent
2) more intelligent
72. The barristers are much …………… than the solicitors.
1) more competent
2) competent
73. He is too …………………… to be prosecuted.
1) innocent
2) the most innocent
74. The magistrate is ………………… than I thought him to be.
1) more clever
2) clever
75. When the victim became ………, she began to move about.
1) strong
2) stronger
76. The injured person is much ………………… now.
1) better
2) good
77. The attorney’s proposal was too ………………… to be true.
1) best
2) good
78. He speaks in public with ………………… success than I do.
1) greater
2) great
79. Sherlock Holmes is the ………………… detective in London.
1) greatest
2) great
80. The pain was ………......……… than the victim could bear.
1) more
2) much
81. Nick is …….. boy that I know.
1) happier
2) the happiest
82. Of the six cars, I like the silver one ……….
1) better
2) best
83. Jane’s notebook is ………than mine.
1) cheaper
2) the cheapest
84. This is ……..cheese-cake I have ever had!
1) more delicious
2) the most delicious
85. This bookcase is …………. than that one.
1) more beautiful
2) the most beautiful
86. Do you feel……… today than yesterday?
1) better
2) the best
87. I think my cat is ………… of all the cats in the world.
1) prettier
2) the prettiest
88. Steve Jobs is …………..than Stephen Wozniak.
1) more famous
2) famous
90. This week the weather is ……… than last week.
1) hotter
2) more hot
91. Our new house is ……….. than the old one.
1) more expensive
2) expensive
92. Girls are usually ………..than boys.
1) cleaner
2) more clean
93. Chemistry was……….. subject at school.
1) harder
2) the hardest
94. Mona Lisa is……..painting in the world.
1) the most famous
2) famous
95. The Volga is ……than the Don.
1) longer
2) long
96. Spain is ……..than Germany.
1) more beautiful
2) the most beautiful
97. London is ……city in England.
1) the biggest
2) big
98. Adam is ……player in the team.
1) the worst
2) worst
99. A train is…….. than a bus.
1) faster
2) fast
100. This text is the …… of all.
1) most interesting
2) more interesting
101. In Great Britain there are…….Inns of Court.
1) three
2) third
102. The government consists of……….branches.
1) three
2) third
103. There are……….months in a year.
1) twelve
2) ten
104. January is ……….month of the year.
1) the first
2) one
105. May is……….month of the year.
1) first
2) the fifth
106. There are……..months in winter.
1) third
2) three
107. Sunday is…….day of the week in England.
1) third
2) the first
108. Monday is…….day in Great Britain.
1) third
2) the second
109. There are…….minutes in an hour.
1) sixth
2) sixty
110. September, April, June and November have……….days.
1) twenty-eight
2) thirty
111. How many bottles did you buy? – I bought ... .
1) fourth
2) four
112. Three and three fourths kilometers
1) 4 3⁄4
2) 3 3⁄4
113. There were only ... pupils in the classroom.
1) seventeenth
2) seventeen
114. Show me ... page!
1) the threeth
2) the third
115. The 3rd of May
1) May the three
2) May the third
116. 5⁄6%
1) Fifth sixth per cent
2) Five sixths per cent
117. Your third essay is better than ... .
1) the second
2) second
118. Open your workbooks on page ... .
1) eleventh
2) eleven
119. 43.6
1) Forty-three point six
2) Forty-three stop six
120. The 11th of April 2001
1) The eleven of April two thousand eleven
2) The eleventh of April two thousand and one
121. 2 1⁄4
1) Two and one-four
2) Two and a fourth
122. March is ... month of the year.
1) three
2) the third
123. 2286
1) Two thousand two hundred and eighty-six
2) Second thousands two hundred and eighty six
124. Your task is to read ... paragraph at home.
1) nine
2) the ninth
125. Five times five is ... .
1) twenty-fifth
2) twenty-five
126. There are ... people in my family.
1) sixth
2) six
127. 1⁄3
1) One-three
2) A third
128. 1⁄6
1) A sixth
2) First sixth
129. 2⁄3 of a kilogram
1) Two thirds of a kilogram
2) Two-three of a kilogram
130. The 21st of October 1983
1) The twenty-one of October one thousand nine hundred eighty-three
2) The twenty-first of October nineteen eighty-three
131. Is there ……. evidence for the prosecutor?
1) some
2) any
132. Here are ……. letters for a defence lawyer.
) some
2) any
133. I need ……. money for an advocate.
1) some
2) any
134. I need …….. help with my current situation.
1) some
2) any
135. Are you an American? I have ……. friends in the USA.
1) some
2) any
136. Are there …….. results of your paper work?
1) some
2) any
137.…..enjoys a good movie.
1) anybody
2) everybody
38. Does …….. have the time?
1) anybody
2) somebody
139. …….. knows the trouble I've seen.
1) nobody
2) somebody
140. Surely you recognize ……...
1) anybody
2) somebody
141. There is a new film on. Have you seen …… ?
1) its
2) it
142. They invited ….. to their party. Did they invite you?
1) our
2) us
143. It is ….. problem, not ours.
1) they
2) their
144. Jane's friends are very kind people; ……. will help her.
1) they
2) their
145. These are our photos and those are ……. .
1) their
2) theirs
146. Have you told your mother about ….. boyfriend?
1) you
2) your
147. Where are the keys? I can't find …….
1) them
2) they
148. Sally is married. ….. husband works in a bank.
1) her
2) hers
149. Are these ….. coats?
1) your
2) yours
150. Is this camera …….?
1) yours
2) your
151. The company has offices in many places, but …. head office is in New York.
1) his
2) its
152. I can't visit ….. I don't know their address.
1) they
2) them
153. John is a friend of …….. .
1) me
2) mine
154. Will you give me his telephone number? I don't know ….. .
1) it
2) its
155. I gave her…… address and she gave me hers.
1) mine
2) my
156. ‘What color shall we have?’ — ‘I don’t mind. Pick ……. color you like.’
1) any
2) some
157. Peter has two brothers, but he doesn’t speak to …… of them.
1) any
2) either
158. ……….. has left a bicycle outside.
1) Anyone
2) Someone
159. Would you mind waiting for …… minutes?
1) some
2) any
160. I like …….. pictures here.
1) anything
2) some
161. We need more qualified prosecutors……..
1) urgently
2) urgent
162. In October 1987 the stock market crashed……...
1) suddenly
2) sudden
163. This is urgent! Reply ……… by phone or email.
1) immediately
2) immediate
164. Please, listen …….. to the instructions.
1) carefully
2) careful
165. The new printer is great. It works almost……...
1) silently
2) silent
166. We are going to be late. The traffic is moving very……….
) slowly
2) slow
167. It’s my ____ chance to get acquainted with her.
a) the second
b) second
168. Thank you all for your working……..
1) hard
2) hardly
169. Our company is growing…...
1) fast
2) faster
170. The defendant counsel works….., so he/she will get a rise.
1) hard
2) harder
171. I hope you know him ……. than anybody else.
1) better
2) more well
172. He spoke English ……than I thought.
1) worse
2) more badly
173. I want my birthday to come ……..
1) sooner
2) more soon
174. A snail is ……. than a tortoise.
1) slower
2) more slow
175. I am very fat and I know I must eat……….
1) less
2) least
176. This is ……..way to the center.
1) shortest
2) the shortest
177. I’d like to change mobile phones……
1) often
2) more often
178. Yesterday I came home …..than usual.
1) early
2) earlier
179. If you want to find your way ….., you should buy a map.
1) easilier
2) more easily
180. It is ……. to learn poems when you are younger.
1) easy
2) easier
181. Next time I’ll do it ……..
1) good
2) better
182. It is ………. book of all I’ve ever read.
1) more boring
2) the most boring
183. You study …….in your group.
1) worst
2) the worst
184. You should practice…...
1) more
2) most
185. The monkey is ……than the kitten.
1) funniest
2) more funny
186. It is ……. to do everything myself than to make you do things.
1) easy
2) easier
187. I don’t think he acted …….this time.
1) more wisely
2) the more wisely
188. Tomorrow you should come ……. to see the rehearsal.
1) earlier
2) most earlier
189. This bird is flying ……….. than that one.
1) fast
2) faster
190. After his help the computer works even ……..
1) slower
2) most slowly
191. ……… the distance at the murder scene they made a serious mistake.
1) measuring
2) being measured
192. The policemen were able to enter the suspect’s apartment by …….. search warrants.
1) getting
2) having get
193. Without ………red-handed a thief can deny his guilt.
1) being caught
2) catching
194. In Britain it isn’t possible to hire a barrister without ……..a solicitor.
1) seeing
2) having seen
195. The judge ……..a bail, the offender gets the chance not to stay in jail until the court is
in session.
1) having set
2) setting
196. The parents didn’t approve of their son ……. school.
1) skipping
2) being skipped
197. …….as a barrister he requires taking the examinations of the Bar Council.
1) qualifying
2) being qualified
198. On …….. home Mr. Smith found his safe open and empty.
1) coming
2) having come
199. The accused ……. there provided his guilt.
1) having gone
2) going
200. The defense lawyer knew of the witness’s ……..additionally.
1) having been questioned
2) questioning
201. The attorney for defense has finished ……witnesses.
1) examining
2) having examined
202. The public in the courtroom enjoyed …..to his arguments.
1) listening
2) being listened
203. This bill needs…...
1) polishing
2) having polished
204. This case wants……
1) discussing
2) being discussed
205. Will you please go on……?
1) testifying
2) being testified
206. I don't mind you …… against him.
1) suing
2) being sued
207. The prosecutor is sure of the legal procedure ……in time.
1) being started
2) starting
208. Thanks for……. evidence.
1) giving
2) having given
209. He is too fond of …… in injury selection.
1) taking part
2) being taken part
210. We look forward to ……a verdict.
1) hearing
2) being heard
211. He remembered crossing the road, but he didn’t remember…..
1) being knocked down
2) knocking down
212. I am still hungry in spite of ….. four sandwiches.
1) having eaten
2) eating
213. He got into the house by climbing through a window, without ….. by anyone.
1) being seen
2) seeing
214. He went to bed at 9 p.m. in spite of ….late.
1) working
2) having worked
215. He complained of ….. a very small room at the back of the hotel.
1) being given
2) giving
216. The little girl isn’t afraid of dogs in spite of ……twice.
1) being bitten
2) biting
217. The baby went to sleep a few minutes after…...
1) feeding
2) having fed
218. The little girl never gets tired of ….. her mother questions.
1) asking
2) being asked
219. Mary was chosen to fill the vacancy. She was very pleased …..
1) being chosen
2) choosing
220. I always treat people politely and I insist on ….. politely.
1) being treated
2) treating
221. The case of manslaughter …….. is very complicated.
1) to be solved
2) to solve
222. The investigator was the last ……. at the murder scene.
1) to arrive
2) to have arrived
223. ……… Mr. Bond in court the attorney should have specialized in such criminal cases.
1) to defend
2) to have defended
224. ………. the prosecutor’s questions must be thoroughly thought over.
1) to answer
2) answering
225. Use is ……… of the eye-witness’s evidence which came yesterday morning.
1) to be made
2) to make
226. …….. which of the offences committed murder is not difficult.
1) To determine
2) To be determined
227. ………. the jury that the defendant is not guilty won’t be easy at all.
1) To convince
2) To have convinced
228. …….. this complicated case of abuse you are to study all the details thoroughly.
1) To solve
2) To be solving
229. What ……..the prosecutor should be thought thoroughly.
1) to answer
2) to have been answering
230. They are ……..the decisions to be sent by the Supreme Court.
1) to consider
2) to be considered
231. Surely it is not at all necessary …. into details.
1) to go
2) to be given
232. I rose …. my guests.
1) to receive
2) to be received
233. Passing by a radio-shop he suddenly remembered ….. some tape for his recorder.
1) to buy
2) to have bought
234. At the sight of the man I felt an impulse…...
1) to laugh
2) to be laughed
235. Her first action was ….the establishment of a famous dressmaker.
1) to visit
2) to have visited
236. He was too astonished…..
1) to speak
2) to have spoken
237. The best thing Lanny could do was ….. of here.
1) to get out
2) to have got out
238. He was careful not …. to the subject.
1) to allude
2) to be alluded
239. It’s an awkward thing…..
1) to say
2) to have said
240. I hope …. you soon.
1) to see
2) to be seen
241. The only sound …. was the snoring of grandfather in the bedroom.
1) to be heard
2) to hear
242. We expect ……back in two days.
1) to be
2) to have been
243. He expected ….. by his friends.
1) to help
2) to be helped
244. I am glad ….. all the homework yesterday.
1) to have done
2) to do
245. I am sorry ….. my pen.
1) to have broken
2) to break
246.The students are still waiting …. books for their work.
1) to be given
2) to give
247. He seized every opportunity …. in public.
1) to appear
2) to be apppeared
248. Is there anything else ……her?
1) to tell
2) say
249. He began writing books not because he wanted …. a living.
1) to earn
2) to have earned
250. Mother told me ______ the door to anyone.
a) not to open
b) that I won’t open
251. ………… the suspected left the police department.
1) having been interrogated
2) being interrogated
252. Russia is a federation …….. into a number of constituent entities.
1) dividing
2) divided
253. The Current Russian Constitution was …… in 1993.
1) adopting
2) adopted
254. People have ……. to the Moon.
1) travelling
2) travelled
255. Our students are ……. by distinguished professors.
1) teaching
2) taught
256. As ……… from the report, juvenile delinquency in Russia is constantly increasing.
1) seen
2) being seen
257. …….. you can’t leave the country.
1) Being sued
2) Suing
258. The witness ……… evidence was very convincing.
1) giving
2) given
259. While ………. the defendant the prosecutor found out the facts worth investigating.
1) cross-examining
2) cross-examined
260. The physical exhibits ……. will be presented in court tomorrow.
1) being examined
2) examining
261. A criminal was wearing a……..shirt.
1) tearing
2) torn
262. ….the suspicious man, the boy ran into the house.
1) Seen
2) Seeing
263. ……. occupied with investigation, he couldn’t take into consideration all the details.
1) Been
2) Being
264. ……..by the attorney’s behavior, the judge ruled out his objection.
1) Irritated
2) Irritating
265. It was………. during the armed robbery.
1) breaking
2) broken
266. The victim lived alone, ………..by everybody.
1) forgetting
2) forgotten
267. The suspect's house looked…………
1) abandoned
2) abandoning
268. I was very…….. in the case.
1) interesting
2) interested
269. She is a very…….. lawyer.
1) interesting
2) interested
270. He is a well -………. judge.
1) known
2) knowing
271. Name some places ….. by you last year.
1) visiting
2) visited
272. I picked up the pencil …. on the floor.
1) lying
2) lain
273. She was reading the book ….. the day before.
1) buying
2) bought
274. Yesterday we were at a conference …… by the pupils of the 10th form.
1) organizing
2) organized
275. ……the girl by the hand, she led her across the street.
1) Taking
2) Taken
276. It was not easy to find the ….. stamp.
1) losing
2) lost
277. I shall show you a picture …… by Hogarth.
1) painting
2) painted
278. Here is the letter ……by me yesterday.
1) receiving
2) received
279. Do you know the girl ……in the garden?
1) playing
2) played
280. The book ……by this scientist is very interesting.
1) writing
2) written
281. He must …….. a good counsel.
1) had
2) have
282. The witness ……. greatly astonished.
1) are
2) was
283. The suspect doesn’t…….. French.
1) spoke
2) speak
284. The probation officers haven’t ……..yet.
1) came
2) come
285. The lawyer …….. consult me yesterday.
1) isn’t
2) didn’t
286. They ……. present at a trial.
1) are
2) weren’t
287. They ……. not testifying today.
1) are
2) is
288. The court clerk ….. smart.
1) are
2) is
289. What…… a barrister?
1) are
2) is
290. .….. both barristers and solicitors act on behalf of their clients?
1) Are
2) Do
291. This ……. created a new precedent.
1) case
2) law
292. Crime is ……...
1) misconduct, forbidden by law.
2) a person, who breaks law.
293. Ben Franklin, Tomas Jefferson and George Washington were among the “……………
Fathers” of the American Constitution.
1) Founding
2) Own
294. The principle of the ………… of law is the fundamental concept of the democratic
society.
1) rule
2) bill
295. We often …………. people based on our own experiences.
1) judge
2) judgment
296. Unlike rules of morality, laws are …………… by the courts.
1) forced
2) enforced
297. …………. is a group of 12 people who are members of the public and are chosen to
decide on a verdict in a legal case.
1) A jury
2) County court
298. ………… is a person who has the power to make decisions on cases brought before a
court of law.
1) A judge
2) Bailiff
299. ………….. is a person who makes a statement in a court about what he or she knows
or has seen.
1) A witness
2) A judge
300. …………. represents a person against whom a claim or charge is brought in a court.
1) A defence lawyer
2) A clerk
301. …………. is somebody against whom a claim or charge is brought in a court.
1) Justice
2) An accused
302. …………. are people who watch a trial sitting in the public area of a law court.
1) Public
2) Assistants
303 …………… is the party who initiates a lawsuit.
1) A claimant
2) A defendant
304. …………… is a lawyer who initiates legal proceedings and conducts the case against a
defendant in a criminal court.
1) A state
2) A prosecutor
305. ………….. is an official in a court of law who keeps order.
1) A magistrate
2) A security officer
306. …………. is an officer of the court whose responsibilities include maintaining the
records of a court.
1) A court reporter
2) A clerk of the court
307. ………… creates word-for-word transcriptions at trials, depositions and other legal
proceedings.
1) A clerk of the court
2) A court reporter
308. On its way of becoming a law a ... must pass through the Parliament.
1) bill
2) law
309. Most bills are based on the ideas suggested by the ... although any Lord can also
propose a bill.
1) parliament
2) government
310. Usually the Government minister who ……. the bill will explain his point of view.
1) explains
2) supports
311. A synonym to « a criminal» is ……..
1) law-breaking
2) a defender
312. Minor changes or additions designed to improve a piece of legislation are called ....
1) amendments;
2) proposals
313. MPs and Lords ... at each bill for a number of times.
1) debate
2) debates
314. The personnel department must decide which applicants are the most suitable for...
1) employment
2) employee
315. To fill the vacancy in the accounting department, they are seeking the person who is
best...
1) retired
2) qualified;
316. The person being promoted receives more...
1) responsibility
2) salary
317. The job description tells about a job opening at a company. It would most likely state...
1) what the applicant looks like;
21
2) the duties and responsibilities
318. The party who initiates a lawsuit is a ……….
1) claimant
2) clerk
319. The government institution that settles legal disputes is a ………
1) law
2) court
320. The legal process in which a court of law decides whether or not someone is guilty of a crime is a ………..
1) trial
2) court
321. Расположите части делового электронного письма (email) в правильном порядке:
a) To: Mr Mitchell
From: ianmcadam@dscharcot.co.uk
Subject: Enquiry
b) Yours sincerely,
Ian McAdam
Development Manager
Clayfield Burnley BB10 1 RQ
Tel.: + 44(0) 128246125
Fax.: + 44 (0) 128263182
ianmcadam@dscharcot.co.uk
c) Could you also please confirm whether the post-installation support covers the equipment 24 hours a day? And what is actually included in the support? In particular, we would like to have confirmation if the cost of parts and labour are included in the package? We require this information as soon as possible. And lastly, we are considering extending the period of the postinstallation support from your company from 6 months to 12 months. We would be very grateful if you could provide us with a quote for this extension.
I would really appreciate it if you could deal with these matters urgently.
I look forward to hearing from you.
d) I am writing in reference to the current situation with the Skipton Airport Project. We have a number of questions which we hope you could answer.
First of all, could you please provide us with an update on where you are on the Skipton Airport Project. We would also appreciate it if you could clarify what the current issues with the delivery system are, and confirm when you expect them to be resolved.
In addition, at the end of our last meeting we requested a copy of the latest project update report.
Unfortunately, we have still not received it. We would appreciate it if you could forward this to us.
e) Dear Mr Mitchell,
322. Расположите части делового электронного письма (email) в правильном порядке:
a) With reference to your last email regarding the current situation with the Skipton Airport Project, I can confirm the following:
We successfully completed stage 2 on Monday and at present we are preparing to start stage 3.
On the whole, the project is going well. We have not encountered any problems with the machinery but there are still some minor issues with the delivery system.
As was pointed out in our last meeting, the problem with the delivery system is due to the software. It is a very common software issue and we just need time to correct the code. Rest assured that this issue is being looked into and we are confident that it will be resolved by the end of the month.
Please accept my apologies for not receiving a copy of the updated project report earlier. Please find attached a copy of the report at the end of the email.
b) Dear Mr McAdam,
c) To: Mr McAdam
From: d.mitchell@work.co.uk
Subject: Delivery; post-installation support
d) Yours sincerely,
David Mitchell
Project Manager
London EC1 7DQ
Tel.: +88 (0)20 7 87457
Fax: +66 (0)20 7 87458
Email: d.mitchell@work.co.uk
e) Concerning your question about the post-installation support package, I can confirm that we provide both remote and call-out site support 24 hours a day, 365 days a year. This covers remote monitoring, a service every 3 months, service engineer visits and the cost of all parts and labour.
With regards to your request to extend the period of post-installation support from 6 months to 12 months. May I suggest that we discuss this matter at the next project update meeting?
I hope that this answers your questions.
If you require any further assistance, please do not hesitate to contact me on my mobile, 07340 7602133.
I look forward to hearing from you.
323. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Mrs Ryder,
b) I regret to inform you that due to a mistake on our computer system, your credit card account has been cancelled. As a result, you will not be able to use the credit card. I apologise on behalf of our company for this situation happening.
Unfortunately, due to banking regulations we are not legally able to change your account's status from cancelled to active. In order to change the status to active, you will have to reapply for the credit card account again. Once you have done this, we will re-issue you with a new card as quickly as we can.
c) To: Mrs Ryder
From: jbeever@bankcards.com
Subject: Credit Card Cancellation
d) Yours sincerely,
James Beever
Customer Services Analyst
International plc.
London WC1H 9BH
Phone: +0242 7433123
Fax: +0242 7433123
Email: jbeever@bankcards.com
e) Please find below a link to the web page to reapply:
www.bankcards.com/creditcard/appform.html
As a way to recompense you for any trouble this has caused, we will credit your account when active with £35. If you have any questions, please don't hesitate to contact me by email (on jbeever@bankcards.com) or by phone (on 0242 7433123).
Please accept my apologies for any inconvenience this may cause.
324. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Mr Smith,
b) Further to your email of the 17th August 2021 regarding your order (ref no. 34ED12QP).
First of all, please allow me to apologise for Peter Taylor not responding to your email. I can confirm that Peter has been on sick leave for the whole of this week. And although this explains the issue, it does not justify it.
It transpires that there was a miscommunication in his department and the person who should have been taking care of this issue, did not. I have already taken all the necessary measures to ensure that this does not happen again in the future. Thank you for bringing this matter to my attention.
With regards to the issues about your order, I have taken personal charge of them. First of all, let me apologise for the late delivery. We should have made you aware about the delay at the time.
Regarding the damaged components, I can confirm the following:
It is normal policy here that we do not accept liability for problems with components if we are not notified within 7 working days of delivery. And due to the fact that you did not notify us until after 15 working days of the delivery, the Customer Service Department followed procedure.
c) To: Mr Smith
From: s.boswell@job.co.uk
Subject: Order No. 34ED12QP
d) Yours sincerely,
Mrs Sally Boswell
Rugger Sales Director
Phone: 07995 348236
Email: s.boswell@job.co.uk
e) But as we view you as a valuable customer, and we have worked together for over five years, rest assured that I will sort out this issue as a matter of urgency. I have already spoken to the Production Director here and he will confirm tomorrow when we can send the replacement components to you. I will update you about the situation with the components by the end of tomorrow at the latest.
Could you please confirm if this is adequate?I do hope that this situation has not damaged your confidence in working with us.
Once again, please accept our apologises for any inconvenience caused.
If you have any questions, do not hesitate to contact me by mobile on 07995 348236.
325. Расположите части делового электронного письма (email) в правильном порядке:
a) As you are aware, we have been a customer of your company for over 5 years. The damaged components are severely impacting our production at the moment. We have orders which we can not send because of this problem with the components.
Although, I appreciate that you are all very busy. I believe that I am entitled to an explanation why Peter Taylor has not answered my email, and is refusing to replace the components.
Unless this issue is resolved promptly, then unfortunately, we will be forced to take further action.
I expect an email from yourself by 5pm today at the latest, to inform me how you are going to resolve this issue.
b) Dear Mrs Boswell,
c) Yours sincerely,
Craig Smith
EGO Production Director
Email: craigsmith@ego.co.uk
d) To: Mrs Boswell
From: craigsmith@ego.co.uk
Subject: Order No. 34ED12QP
e) I wish to draw your attention to an issue we have with a recent order from yourselves (ref no 34ED12QP). Not only was the delivery four days later than agreed, but when we tried to use the components, we found that 40% of them were damaged and basically useless.
As is normal, I spoke to your Customer Service Manager, Peter Taylor on this matter. I expected that you would replace the damaged components, but this has not been the case. When I last spoke to Peter, last week, he informed me that the components were undamaged when delivered to us and that it was our fault. To make matters worse, he has still not replied to an email I sent to him on Monday.
326. Расположите части делового электронного письма (email) в правильном порядке:
a) My name is Sue Jenkins and I am writing on behalf of Reef Technologies plc.
We are pleased to announce that we are sponsoring a series of presentations on the future of renewable energy. The presentations are going to be performed by world-renowned experts in the field (for example Dr Josh Bartlett from MIT and Mrs Jennifer Woods from Clean Future inc.) and will consider future advances in the technology of renewable technology.
b) Yours faithfully,
Sue Jenkins
PR Manager
Phone: 07867 7433123
Email: s.jenkins@reeftech.com
c) To: Mr Smith
From: s.jenkins@reeftech.com
Subject: Invitation
d) Dear Mr Smith,
e) Due to your company having worked with Reef Technologies plc in the past, we would like to invite you to the event. The event will be held at the Randalls Conference Centre in Leeds between 3pm and 8pm on the 12 April 2017. If you require directions to the venue, please let me know.
If you would like to attend, please confirm your attendance by replying to this email by the 18 March 2017.
If you have any questions about the event, please do not hesitate to contact me by email (on sjenkins@reeftech.com) or by mobile/cell (on 07867 7433123).
I look forward to receiving your reply.
327. Расположите части делового электронного письма (email) в правильном порядке:
a) Yours sincerely,
Tom Berridge
b) Thank you for the invitation to the review meeting on the 12 July. Unfortunately, due to a prior commitment that I am unable to change, I will not be able to attend the meeting. If you need to contact me, please do not hesitate to do so on my mobile, 6902341899. I apologise for any inconvenience this may cause.
c) To: Mr Smith
From: t.berridge@bus.co.uk
Subject: Re: Invitation
d) Dear Mr Smith,
e) London Business Machines Ltd.
19, North Street, London
Phone: 6902341899.
Email: t.berridge@bus.co.uk
328. Расположите части делового электронного письма (email) в правильном порядке:
a) If you have any questions, please do not hesitate to contact me on my mobile, 1902341892.
Allow me to apologise for any inconvenience this may cause.
I look forward to hearing from you.
b) With reference to the upcoming review meeting on Thursday the 9 September, I am afraid that due to personal reasons, I will not be able to attend.
Would you object if we postponed the meeting to next week? If this is appropriate, what day would be convenient for you?
c) To: Miss Garland
From: d.mitchell@work.co.uk
Subject: Review Meeting
d) Yours sincerely,
David Mitchell
Project Manager
London EC1 7DQ
Tel.: 1902341892.
Email: d.mitchell@work.co.uk
e) Dear Miss Garland,
329. Расположите части делового электронного письма (email) в правильном порядке:
a) I would like to take this opportunity to thank you for showing myself and my colleague around your factory on Monday. It was both a very informative and productive visit for both myself and my colleague. I really appreciate that you took time out of your busy work schedule to show us around and meet with us.
b) Dear Mr Trotter,
c) Yours sincerely,
Eric Banner
Account Executive
Merlin Components plc
Email: e.banner@merlin.co.uk
d) It was a pleasure to meet with you and your staff. All of whom treated us with the utmost kindness and respect during the whole of our visit. If you could pass our thanks onto your staff, it would be very much appreciated.
Once again, thank you for the visit.
e) To: Mr Trotter
From: e.banner@merlin.co.uk
Subject: Gratitude
330. Расположите части делового электронного письма (email) в правильном порядке:
a) Thank you for your enquiry about supplying our company with new photocopying equipment. Unfortunately, we are currently not in need of replacing our existing photocopiers.
We recently entered a new 2 year contract with our existing photocopier provider.
You would be more than welcome to contact us again when our current contract is up for renewal.
b) To: Mr Boxall
From: j.thompson@work.co.uk
Subject: Re: Enquiry
c) London WC1H 9BH
Phone: +0242 7433123
Fax: +0242 7433123
j.thompson@work.co.uk
d) Dear Mr Boxall,
e) Yours sincerely,
Jeff Thompson
Office Manager
331. Расположите части делового электронного письма (email) в правильном порядке:
a) We will be more than happy to consider you for any web development or redesign projects we have in the future.
If you require any further feedback, please do not hesitate to contact me by email on dmitchell@powersports.com or by phone on 01535 6547196.
b) Yours sincerely,
David Mitchell
Project Manager
London EC1 7DQ
Tel.: 01535 6547196
Email: dmitchell@powersports.com
c) Thank you for submitting a bid for the re-design of our website. After careful consideration of all the proposals we received for the contract, I regret to inform you that on this occasion your bid has been unsuccessful. We have decided to offer the contract to one of the other bidders.
Although your proposal was very professional and well-thought out, we felt that the design didn't focus enough on the social media channels our company uses and it was a little over complicated and confusing to use.
d) To: Mrs Robinson
From: dmitchell@powersports.com
Subject: Design Project
e) Dear Mrs Robinson,
332. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Mr Beare,
b) To: Mr Beare
From: j.smith@work.co.uk
Subject: Re: Enquiry
c) Thank you for your enquiry of 21 May asking for the latest edition of our catalogue. We are pleased to enclose our latest brochure. We would also like to inform you that it is possible to make purchases online at abc.com. We look forward to welcoming you as our customer.
d) ABC Ltd.
City House, City Road,
London EC2 1PC
Telephone: +44 (0)21 236 6571
Fax: +44(0)21236 8592
Email: j.smith@work.co.uk
e) Yours sincerely,
John Smith
333. Расположите части делового электронного письма (email) в правильном порядке:
a) We write this letter to offer our sincere apologies for delayed delivery of your garments consignment (code no #AS4558). We are aware that you had specifically requested the delivery of this consignment by November 20, 2012 for your holiday season opening day. There has been a problem with our delivery process for a while now and I assure you that we are taking all steps we can to change it. I would like to make an apology on behalf of my staff who made this mistake.
b) To: Ms Shaw
From: eve. samuels@buy.co.uk
Subject: Delivery; Code No. AS4558
c) Our company values its association with clients such as 'Ruby Fashion Store'. We are
therefore, offering you a discount of 40% on the net price of consignment code #AS4558. In case you have any other feedback about our services, feel free to contact me on my personal number mentioned above.
We look forward to continuing our valued association with you. Thank you.
d) Sincerely,
Ms. Eve Samuels
Manager
Japonica Garments and Exports
London EC1 7DQ
29
Tel.: 01535 6547196
Email: eve. samuels@buy.co.uk
e) Dear Ms Shaw,
334. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Ms Write,
b) On behalf of the Board of Directors of the New Asia Assurance Financial Company, we confirm and welcome your participation at our annual conference/symposium at Kuala Lumpur, Malaysia. We are looking forward to your attendance at our conference/symposium as our Special Guest for the evening. The topic of our annual conference/symposium this year is “How to Make Money despite Global Recession and an Unstable Stock Market: Challenges in the New Era”.
c) To: Ms Write
From: j.smith@hotmail.com
Subject: Invitation to the Conference
d) Sincerely yours,
Jane Smith
Conference Manager
New Asia Assurance Financial Company
Phone: 2234-29493
Email: j.smith@hotmail.com
e) Please find all the particulars regarding the symposium/conference noted below: Venue: Conference Hall 231, Green Diamond Building, Revenue Hall, Bloomington Square, Chicago, US-4837582. Date: 26th July, 2021. Total Attendance: 450 delegates in all. A total of 20 speakers will participate in this event. Duration of the Conference/Symposium: 8 hours. Timing:
9:00 am to 18:00 pm. Our event organizer Mr. Jeremy Smith will send you all the details via electronic mail over this weekend. Please contact us at 2234-29493 should you have any further enquiries.
335. Расположите части делового электронного письма (email) в правильном порядке:
a) Attached herewith, are the copies of the itinerary and details of your cruise accommodation.
We are pleased to be part of your memorable vacation experience. If you need any more assistance, please feel free to contact me.
Yours sincerely,
Mary Barker
Travel Manager
b) To: Mr Austin
From: m.barker@travel.co.uk
30
Subject: Reservation Confirmation
c) TUI Travel Company
7 Stamford Street
London, SE1 9NT
Phone: + 44204577730433
Email: m.barker@travel.co.uk
d) Dear Mr Austin,
e) This is to confirm your reservations to a 5-day cruise for a family of 4, with two children for your vacation in Mexico. We are delighted that you have chosen our company to arrange your travel package. As you have requested, we made the necessary changes in the itinerary to include a restaurant and museum tour while you are walking about the city on the third day. However, we regret to inform you that we cannot carry out your request to leave by early morning since the only available scheduled bus will leave after lunchtime.
336. Расположите части делового электронного письма (email) в правильном порядке:
a) Planter House, Princess Street
London EC1 7DQ
Tel.: +44 (0)20 7 87457
Fax: +44 (0)20 7 87458
Email: l.lowe@sanlo.co.uk
b) To: John Merton
From: Email: l.lowe@sanlo.co.uk
Subject: Our ref. 180/MB
c) You were recommended to us by your trade association and I am writing on behalf of our principals in Canada, who are interested in importing chinaware from England. Could you send us your latest catalogue and price list, quoting your most competitive prices?
d) Dear Mr Merton,
e) Our principals are a large chain store in North America and will probably place substantial orders if the quality and prices of your products are suitable.
Many thanks,
Linda Lowe
Director
Sanders & Lowe Ltd
337. Расположите части делового электронного письма (email) в правильном порядке:
a) We are a chain of retailers based in Birmingham and are looking for a manufacturer who can supply us with a wide range of sweaters for the men s leisurewear market. We wereimpressed by 31
the new designs displayed on your stand at the Hamburg Menswear Exhibition last month. As we usually place large orders, we would expect a quantity discount in addition to a 20% trade discount. Our terms of payment are normally 30-day bill of exchange, D/A.
b) To: Satex S.p.A
From: pcrane@lynch.co.uk
Subject: Sales enquiry
c) Dear Sir/Madam,
d) If these conditions interest you. and you can meet orders of over 500 garments at one time, please send us your current catalogue and price list.
We hope to hear from you soon.
Peter Crane
Chief Buyer
e) F. Lynch & Co. Ltd
Nesson House, Newell Street, Birmingham B3 3EL
Telephone: +44 (0)21 236 6571
Fax: +44(0)21236 8592
Email: pcrane@lynch.co.uk
338. Расположите части делового электронного письма (email) в правильном порядке:
a) We will contact you again as soon as our testing is completed, or when the units you requested are available, whichever date is the earlier.
Diane Charcot (Mme)
Manager
b) To: Pedro Monteiro
From: d.charcot@dscharcot.co.be
Subject: Re: Enquiry
c) Dear Sr Monteiro,
d) D & S Charcot S.A.R.L.
place du 20 aout 79, B—4000, Liege
Tel: (+32)49-240886
Telecopie: (+32) 49-16592
Email: d.charcot@dscharcot.co.be
e) Thank you for your email. I regret to say that we are out of stock of K153 and K157 units, and do not expect another delivery until later this month. We are currently testing a consignment from Taiwan, but these do not have a Belgian Standards Institute stamp of approval and we would like to complete our tests before putting them on the market.
339. Расположите части делового электронного письма (email) в правильном порядке:
a) Daniele Causio
Sales Director
Satex S.p.A.
b) Dear Mr Crane,
c) Thank you for the above order, which we are now making up. We have all the items in stock and will advise you about shipment in the next few days.
d) Via di Pietra Papa, 00146 Roma
Telefono: +39 06 769910
Telefax: +39 06 6815473
Email: causiod@satex.co.it
e) To: Peter Crane
From: causiod@satex.co.it
Subject: Your Order DR 4316
340. Расположите части делового электронного письма (email) в правильном порядке:
a) Best wishes,
Daniele Causio
Sales Director
Satex S.p.A.
b) Dear Mr Crane,
c) To: Peter Crane
From: Marco Bonetto
causiod@satex.co.it
Subject: Your Order DR 4316
d) We are pleased to tell you that the above order has been shipped on the SS Marconissa and should reach you in the next 10 days.
Meanwhile, our bank has forwarded the relevant documents and sight draft for £3,092.80, which includes the agreed trade and quantity discounts, to the Northminster Bank (City Branch) Birmingham. We are sure you will be very satisfied with the consignment and look forward to your next order.
e) Via di Pietra Papa, 00146 Roma
Telefono: +39 06 769910
Telefax: +39 06 6815473
Email: causiod@satex.co.it
341. Расположите части делового электронного письма (email) в правильном порядке:
a) They have agreed to pay by letter of credit, which we discussed on the phone last week and they would like delivery before the end of this month, which should be no problem as there are regular sailings from Liverpool. If the colours they have chosen are not in stock, they will accept an alternative provided the designs are those stipulated on the order.
b) Please send any further correspondence relating to shipment or payment direct to Mackenzie Bros, and let us have a copy of the commercial invoice when it is made up.
Many thanks,
Linda Lowe
c) Dear Mr Merton,
d) Please find attached an order (R1432) from our principals, Mackenzie Bros Ltd, 1—5 Whale Drive, Dawson, Ontario, Canada. They have asked us to instruct you that the 60 sets of crockery ordered should be packed in 6 crates, 10 sets per crate, with each piece individually wrapped, and the crates marked clearly with their name, the words ‘fragile’ and ‘crockery’, and numbered 1-6.
e) To: John Merton
From: Mackenzie order
Subject: Order No. R1432
342. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Mr. Mackenzie,
b) Glaston Potteries Ltd
Clayfield, Burnley BB10 1RQ
Tel:+44 (0)1282 46125
Fax: +44(0)1282 63182
Email: j.merton@glaston.co.uk
c) To: Mr. Mackenzie
From: j.merton@glaston.co.uk
Subject: Order No. R1432
d) The above order has now been completed and sent to Liverpool Docks, where it is awaiting loading on to the SS Manitoba, which sails for Dawson, Canada on 16 July arriving 30 July. When we have the necessary documents we will transfer them to Burnley City Bank, your bank’s agents here, and they will forward them to the Canadian Union Trust Bank. We have taken particular care to see that the goods have been packed as per your instructions: the six crates have been marked with your name, and numbered 1-6. Each crate measures 6ft x 4ft x 3ft and weighs 5 cwt.
e) We managed to get all items from stock with the exception of Cat. No. G16, which is only available in red, but we included it in the consignment as it was of the design you asked for. If you need any further information, please contact us. Thank you very much for your order. We look forward to hearing from you again soon.
John Merton
Sales Manager
343. Расположите части делового электронного письма (email) в правильном порядке:
a) Thank you for your order, No. HU 14449, which we received today. Unfortunately, we cannot
offer the 35% trade discount you asked for. 25% is our maximum discount, even on large orders, as our prices are extremely competitive. Therefore, in this instance, I regret that we have to turn down your order.
b) Denis York
SP Wholesalers Manager
c) To: Eric van Gellen
From: d.york@spw.co.uk
Subject: Order HU 14449
d) King’s Lynn, Norfolk
PE30 4SW
Tel.: +44 (0)1553 60841
Fax: +44 (0)1553 60923
Email: d.york@spw.co.uk
e) Dear Mr Eric van Gellen,
344. Расположите части делового электронного письма (email) в правильном порядке:
a) Richard Mackenzie
Sales Manager
richard.mac@gc.ca
b) Dear Mr Merton,
c) To: John Merton
From: Richard Mackenzie
Subject: Payment; packing
d) We usually ask you to wrap each piece of crockery individually and pack no more than ten sets into a crate to allow for easy and safe handling. This was not done with our last consignment and as a consequence there were breakages (see attached list). We would like either replacements to be included in our next shipment, or your credit note.
e) We have instructed our bank to arrange for a letter of credit for £6,158.92 to be paid against your pro forma invoice No. G1152/S. The proceeds will be credited to you as soon as Canadian Trust receive the documents.
345. Расположите части делового электронного письма (email) в правильном порядке:
a) I received a consignment of dressing tables, Cat. No. DT154, to the above order yesterday. However, the delivery consisted of six heavy mahogany-finished dressing tables instead of the light pine-finished units I asked for.
As I have firm orders for the design I asked for, I would be grateful if you could send my consignment as soon as possible, and collect the wrongly delivered goods.
b) Dear Mr Cliff,
c) To: Richard Cliff
From: Robert Hughes
Subject: Wrong delivery (order No 1695)
d) Planter House, Garden Street
London EC1 7DQ
Tel.: +88 (0)20 7 87457
Fax: +66 (0)20 7 87458
Email: r.hughes@work.co.uk
e) Thank you in advance.
Robert Hughes
Sales Manager
346. Расположите части делового электронного письма (email) в правильном порядке:
a) Richard Mackenzie
Sales Manager
richard.mac@gc.ca
b) Dear Mr. Merton,
c) To: John Merton
From: Richard Mackenzie
Subject: Terms of payment
d) If you require a reference, please contact either Mr. M. Pierson or Mr. J. Tane at our other suppliers, Pierson & Co, Louis Drive, Dawson, Ontario, who will be happy to vouch for us. Please confirm that these new terms are acceptable to you.
e) Our bank has advised us that the proceeds of our letter of credit against your invoice, No.
G1197/S, have now been credited to your account. Although we have paid for some time on this basis, it does not really suit our accounting system, and as we feel you know us well enough by now, we would like to make future payments on quarterly statements by international banker’s draft.
347. Расположите части делового электронного письма (email) в правильном порядке:
a) John Merton
Sales Manager
b) Dear Mr. Mackenzie,
c) To: Richard Mackenzie
From: j.merton@glaston.co.uk
Subject: RE: Terms of payment
d) Thank you for your email of 9 February in which you asked to change your terms of payment to settlement by banker’s draft on quarterly statements. We are taking up the reference you offered, and provided it is satisfactory, you can consider the new arrangement effective from your next order.
e) Glaston Potteries Ltd
Clayfield, Burnley BB10 1RQ
Tel:+44 (0)1282 46125
Fax:+44 (0)1282 63182
Email: j.merton@glaston.co.uk
348. Расположите части делового электронного письма (email) в правильном порядке:
a) Panton Manufacturing Ltd
Tel:+44 (0)20 8353 0125
Fax: +44 (0)20 8353 6783
Email: d.panton@panman.co.uk
b) The above order is now on board the Leda, sailing for Copenhagen tomorrow, arriving Thursday. As there was no time to check references, we drew a sight draft for the total amount of £4,150 (four thousand, one hundred and fifty pounds sterling). This was sent to Nordbank, Games, Copenhagen, and will be presented to you with the documents for payment. If you can supply two business references before your next order, we will put the transaction on a documents against acceptance basis with payment 40 days after sight.
c) To: Jan Lindquist
From: d.panton@panman.co.uk
Subject: Advice Order No.8540
d) Dear Mr Lindquist,
e) Best wishes,
Donald Panton
Managing Director
349. Расположите части делового электронного письма (email) в правильном порядке:
a) N.Z. Business Machines Pty
100, South Street, Wellington
Phone: +64 4 8617
Fax: +64 4 3186
Email: m.tanner@nzbm.co.nz
b) We are placing the attached order for 12 (twelve) C3001 computers, your Catalogue No. 548.
We have instructed our bank, New Zealand Bank. Takapuna St. Wellington, to open an irrevocable letter of credit for £22,000.00 (twenty two thousand pounds sterling) to cover the consignment, shipment (CIF Wellington), and bank charges. The credit is valid until 10 June 2020.
You will receive confirmation from our bank s agents. Eastland Bank Ltd, 401 Aidgate, London, EC1 2DN, and you can draw on them at 60 (sixty) days for the full amount of the invoice. When submitting your draft, please enclose the following documents.
Bill of Lading (3 copies)
Invoice CIF Wellington (2 copies)
AR Insurance Policy for £24,000.00 (twenty four thousand pounds sterling)
c) To: James Millar
From: m.tanner@nzbm.co.nz
Subject: Official order 8851
d) Please fax or email us as soon as you have arranged shipment.
Michael Tanner
Export Manager
e) Dear Mr. Millar,
350. Расположите части делового электронного письма (email) в правильном порядке:
a) Dear Mr. Tanner,
b) To: Michael Tanner
From: smithn@delta.com
Subject: Shipment of your order No.8815
c) Neil Smith
Senior Shipping Clerk
d) The above order has been shipped clean aboard the Northern Cross, due in Wellington 12 June. The shipping documents have been passed to the Eastland Bank, London, and will be forwarded to the New Zealand Bank, Wellington, who will advise you. As agreed we have drawn on the Eastland Bank at sixty days after sight for the net amount of £23,100.00 (twenty three thousand, one hundred pounds sterling) which includes the bank’s |discount, commission, and charges.
e) Delta Computers Ltd
Wellingborough, NN84HB, UK
Tel.: +44 (0)1933 16431/2/3/4
Fax:+44 (0)1933 20016
Email: smithn@delta.com
Задание: прочитать текст на юридическую тематику. Письменно перевести выделенный абзац. Передать основную мысль на английском языке в пяти предложениях. Побеседовать с преподавателем по содержанию текста. Read and translate the text. Translate the highlighted paragraph in writing. Give the main idea of the text in five sentences. Talk to the teacher about the content of the text.
CARD 1
A lawyer
A lawyer is a person learned in law. A lawyer, also known as an attorney, a counselor, a solicitor, a barrister or an advocate, is an individual licensed by the state to engage in the practice of law and advise clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients. The role of the lawyer varies significantly across legal jurisdictions, and therefore can be treated in only the most general terms. Lawyers’ roles vary greatly, depending upon their practice environment and field of specialization. In most countries there is only one legal profession. This means that all the lawyers have roughly the same professional education leading to the same legal qualifications, and they are permitted to do all the legal work. In England the system is different. Here the profession is divided into two types of lawyers, called solicitors and barristers.
Solicitors and barristers are both qualified lawyers, but they have different legal training; they take different examinations to qualify; and once they have qualified, they usually do different types of legal work.
Many solicitors deal with a range of legal work: preparing cases to be tried in the civil or criminal courts; giving legal advice in the field of business and drawing up contracts; making all the legal arrangements for the buying and selling of land or houses; assisting employees and employers; making wills.
Barristers are mainly “courtroom lawyers” who actually conduct cases in court. Unlike solicitors, they have rights of audience (rights to appear) in any court of the land, and so barristers are those lawyers who appear in the more difficult cases in the higher courts. The educational requirements to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college. Law students in those countries pursue a Bachelor (LLB) or a Master (LLM) of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time.
CARD 2
Legal profession in the US
The complexities of the American legal system have created hundreds of legal career options. From lawyers, judges and mediators to paralegals, secretaries and consultants, the legal professional’s role is expanding and evolving to keep pace with the ever-changing legal system.
Lawyers’ roles vary greatly, depending upon their practice environment and field of specialization. Litigation attorneys, also called trial attorneys, represent clients regarding legal disputes which are resolved through a law- suit, mediation or negotiated settlement. Daily responsibilities include interviewing clients, rendering legal advice, performing legal research, taking depositions, arguing motions before a judge, and drafting legal documents including pleadings, discovery, motions and briefs/Corporate attorneys, also known as transactional lawyers, advise clients in connection with a transaction. They structure and negotiate business transactions, perform due diligence, counsel clients, prepare and submit materials to government bodies, supervise closings and draft a variety of legal documents including contracts, legal opinions and trust agreements. Corporate attorneys work with “deals” rather than “cases” and advocate in board rooms rather than court rooms.
Paralegals work under the supervision of a lawyer to assist in the delivery of legal services. Although they cannot give legal advice or represent a client in court, paralegals can do nearly everything a lawyer does. They investigate the facts of the case; interview clients and witnesses, draft legal documents; organize and manage files, documents and exhibits; file documents with federal and state courts; assist at hearings, arbitrations and administrative proceedings.
According to the ABA, three out of four lawyers are employed in private practice, either in law firms or in solo practices. Another 10 per cent work in-house for banks, insurance companies, real estate firms and other organizations. About 8% are employed by the government working as federal prosecutors, district attorneys, public defenders and county counsel. 3% of lawyers are employed in the local, state and federal court systems. Public, interest legal professionals work for non-profit organizations performing pro bono work.
CARD 3
Courts at the federal level
The Constitutional Court is the highest judicial body in the Russian Federation. It is made up of 19 judges, proposed by the President of the Russian Federation and approved by the Federation Council. Since June 2008 the Constitutional Court has been located in St Petersburg. The Constitutional Court has jurisdiction to interpret the RF Constitution; to decide whether a federal law is consistent with the country’s Constitution; and to adjudicate whether or not laws regulations and normative acts passed by the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation, constitutions of republics, charters and other normative acts of the subjects of Russian Federation are consistent with the Constitution of the Russian Federation.
The Supreme Court of the Russian Federation is the supreme judicial body for all courts of general jurisdiction on civil, criminal and administrative matters. As of today the Supreme Court consists of 123 judges. Judges for the Supreme Court are proposed by the President of the Russian Federation and approved by the upper house of the legislature, the Federation Council.
The Supreme Court is located in Moscow has jurisdiction as a court of cassation, i.e. it is the highest court of appeal in the land. It is a court of supervisory instance over the courts of the subjects of the Russian Federation and over the tier of district courts below that level. There are three chambers in the structure of the Supreme Court of the Russian Federation: Judicial Chamber on Civil Cases; Judicial Chamber on Criminal Cases; and Military Chamber.
The basic tier of military courts is the military courts of the armed forces, fleets, garrisons and separate military forces. The middle tier of military courts consists of military courts of the branches of the armed forces, the seven Military Districts into which the country is divided, and the districts of anti-aircraft defense, navy and individual armies. They consider disputes involving military personnel. Three-tiered system of the military courts is an integral part of
Courts of General Jurisdiction.
Arbitration courts form a system with jurisdiction over economic disputes that, as a rule, arise between companies and individual entrepreneurs, both Russian and foreign.
CARD 4
The court structure in England and Wales
For historical reasons, the United Kingdom does not have a single unified legal system.
The UK consists of 3 legal jurisdictions made up of 4 countries: England and Wales, Scotland and Northern Ireland, each having their own court system and legal profession. In England and Wales, civil and criminal cases are heard in the main court system, while administrative law cases are mostly heard in tribunals specific to the subject. Summary or minor offices which make up the vast majority of criminal cases, are tried in magistrates’ courts by unpaid lay magistrates — justices of the peace (JPs), although in some areas there are a number of full-time, stipendiary magistrates.
The Crown Court deals with more serious criminal cases such as murder, rape or robbery, some of which arc heard on appeal or referred from magistrates’ courts. Trials arc heard by a judge and a jury of 12 people.
The County Court deals with minor civil matters, such as: claims for debt repayment, breach of contract, housing disputes, etc.
The High Court of Justice hears higher level civil disputes (commercial matters, bankruptcy, torts, family cases, etc.) within three divisions: Chancery Division, Queen’s Bench Division, and Family Division.
Tribunals are a specialised group of judicial bodies, industrial tribunals for employment disputes, and tax tribunals.
In order to separate legislative and judicial powers in the country, the Constitutional Reform Act 2005 established the Supreme Court of the UK to replace the Арреllate Committee of the House of Lords. The new court started to operate in October 2009.
From any court in the system, reference can be made to the European Court of Justice.
The European Court of Human Rights enforces the European Convention on Human Rights.
CARD 5
The Judicial System in the United States
The judicial system in the United States is dual: it consists of the federal court system and the state court systems. The federal courts are concerned with cases arising under federal law, and the state courts with cases arising under state law. While each court system is responsible for hearing certain cases, neither is completely independent of the other, and the systems often interact. Furthermore, solving legal disputes and vindicating legal rights are key goals of both court systems.
The U.S. Constitution created a governmental structure for the United States known as federalism. Federalism refers to a sharing of powers between the national government and the state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. Therefore, while the Constitution states that the federal government is supreme with regard to those powers expressly or implicitly delegated to it, the states remain supreme in matters reserved to them. This supremacy of each government in its own sphere is known as separate sovereignty, meaning each government is sovereign in its own right. Both the federal and state governments need their own court systems to apply and interpret their laws.
Furthermore, both the federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their respective court systems.
For example, since the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction in this matter. Likewise, since the Constitution does not give the federal government authority in most matters concerning the regulation of the family, a federal court would lack jurisdiction in a divorce case. This is why there are two separate court systems in America. The federal court system deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution, while the state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government or explicitly deny to the states.
CARD 6
The sources of British Law
Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organization and practice.
However, a large amount of modern legislation applies throughout Britain.
The legal system of England and Wales comprises both a historic body of conventions known as common law and equity as well as statute law and European Union legislation.
Common law, which is based on custom, made and interpreted in court cases by judges, forms the basis of the law except when superseded by legislation.
Equity law is a system of law or body of principles originating in the English Court of Chancery; it consists of a body of historic rules and principles which are applied by the courts. Statute (statutory) law consists of Acts of Parliament and acts of delegated legislation.
Delegated legislation, also referred to as secondary legislation, is made by a person or body to whom Parliament has delegated its law-making power, by executive organs.
After Britain joined the European Union (the European Community till 1993), EU law became a source of the law in the United Kingdom. There are three sources of EU law: treaties, Acts of the European Parliament, and decisions of the European Court. When domestic law is in conflict with Europe law, European law takes precedence over any domestic law.
CARD 7
Criminal law
Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder or theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights and duties. It also deals with the conduct which may give rise to a claim by a legal person for compensation or injunction. When it comes to prosecution under the laws of the country it’s common to speak about criminal offence but civil wrongs.
Criminal and civil proceedings are usually very different. In a criminal proceeding a prosecutor prosecutes a defendant. If the verdict is “guilty”, the defendant is convicted. He will have a criminal record for the crime and will be punished by one of a variety of punishments ranging from life imprisonment to a fine, which is paid to a court. If the defendant is found “not guilty”, he is acquitted and allowed to leave court without punishment.
In civil cases a claimant sues a defendant or brings a claim against him. The proceeding may result in judgement for the claimant, which means that the defendant is found liable and the judge may order the defendant to pay damages.
The duty to prove a case is called the burden of proof. In criminal cases the burden of proof falls on the prosecution. In other words it’s the duty of the prosecution to prove guilt, the defendant doesn’t have to prove his innocence. This principle is called the presumption of innocence, which means that every person charged with a criminal offence is considered to be innocent until proved guilty.
The degree of proof which makes the court sure that the person is guilty is called the standard of proof. The standard of proof is higher in a criminal action than in a civil one since the penalties are stricter. In a criminal case a prosecution must prove the guilt of a criminal “beyond reasonable doubt”, which means that the prosecution must make the court sure that the defendant committed the crime. If the court is not sure or has a reason for the doubt, it must acquit the defendant.
In a civil action the burden of proof is on the claimant. He is required to prove his case “on a balance of probabilities”, i.e. to show that his case is more probable than not. But he doesn’t have to make the court sure about it; it’s enough to show that the defendant was probably guilty.
One and the same offence may sometimes result in both kinds of prosecution, civil and criminal. For example, the driver who injured a passer-by will not only face criminal penalties imposed by a criminal court but may have to pay compensation for injuries ordered by a civil court.
CARD 8
The Criminal Code of the Russian Federation
The Criminal Code of the Russian Federation is divided into a General Part, containing general principles relating to criminal responsibility and assessment of punishment and a Special Part, listing various offences and punishments.
Under the General Part persons are subject to the criminal law when they reach the age of sixteen years for normal crimes, and fourteen years for murder and other grave crimes. Persons who are insane at the time of commission of a crime may not be convicted thereof.
The Criminal Code introduces some factors that exclude guilt to go along with traditional justifications such as self-defense or necessity or excuses such as duress. These include “innocent infliction of harm,” by persons who, due to objective or subjective (mental) circumstances, could not have appreciated the danger of their acts or have prevented the harm or who inflict harm while taking a socially useful justified risk. Firsttime offenders who commit less serious crimes can be freed of criminal responsibility if they engage in “active remorse” in the form of turning themselves in, aiding in the solving of the crime or making restitution.
The goal of punishment under the Code is the re-establishment of social justice, rehabilitation of а convicted person, and prevention of the commission of new crimes. The Code introduces life imprisonment as an alternative to the death penalty.
The Special Part of the Criminal Code contains a typical list of crimes against the person (homicide, sexual offences, assaultive conduct). A special chapter is devoted to punishment of violations against “the constitutional rights and freedoms of the person and citizen”, among them acts infringing on the inviolability of one’s private life, correspondence, and dwelling or on the liberty of confession or assembly.
CARD 9
The Nature of Torts
When is a manufacturer responsible for the harm caused by its defective products? Under what circumstances is a doctor, lawyer, or accountant liable for malpractice? Can a customer who slips and falls in a store obtain damages from the owner? To answer these questions, we look into the law of torts, the body of law designed to give people redress for civil wrongs other than a breach of contract. Tort law determines when and why a person must pay compensation for the injuries he or she inflicts on others.
The word “tort” is actually the French word for “wrong”. A tort is “a civil wrong other than breach of contract, for which the court will provide a remedy in the form of an action for damages”. So, when one person commits a tort upon another, the injured person is entitled to remedies under the law. The function of the court will be to provide this remedy in the form of an action for damages, which is the main remedy for a tort, but in some cases an injunction can be obtained to prevent repetition of the injury. The person who commits a tort, called the tortfeasor, must compensate the victim for damages to the victim’s person (e. g., physical or emotional injuries), property (e. g., damages to buildings or machinery), or economic interests (e. g., interference with contract rights).
Tort law is a broad legal category. Just as there are many specific crimes, there are many specific torts. The field of torts covers a group of civil wrongs, other than breach of contract, that interfere with person, property, reputation, commercial or social advantage. Every tort has certain recognized elements, facts that must be proved by the injured party to recover damages.
However, there are certain elements that are common to all torts. These elements must be proved to establish liability i.e., legal responsibility for any specific tort. These elements are:
- a duty owed by one person to another to exercise due care
- violation or breach of duty, i. e., failure to live up to the standard of care
- injuries suffered by the victim
- proximate causation of the injuries by the tortfeasor’s act.
CARD 10
Torts
A tort is a civil wrong, other than a breach of contract. The term itself comes «from French and means, literally, “a wrong”. A tort is a breach of a non-contractual duty potentially owed to the entire world, imposed by law. The majority of legal claims are brought in tort.
Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law. Contract law protects expectations arising from promises, restitution prevents unjust enrichment, equity seeks to ensure that people act properly in certain circumstances, and criminal law punishes wrongs that are so severe that a state has a direct interest in preventing them (such as murder). Many wrongs can result in liability to the state as crimes and to the victim as torts.
Tort law serves to protect a person’s interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages. The law of torts aims to restore the injured person to the position he or she was in before the tort was committed.
In most countries, torts are typically divided into three broad categories — intentional torts, negligence and nuisance. Some torts are strict liability torts.
CARD 11
Family law
Family law is a branch of law which deals with “domestic relations», it is concerned with such subjects as adoption, divorce, separation, paternity, custody, support and child care. The law sees the family as a special institution. Family law considers married and unmarried couples, and their children; custody of and responsibility for children; and protection from violence at home.
In some societies the family is thought to be so important that there is very little legal intervention in family life, for example in many Islamic countries. But in many parts of the world, the law now promotes the rights the rights of individuals within the family unit, and regulates family relations through legislation.
In general, the welfare of children is the biggest concern of family law. In most countries legal systems treat children differently from adults. In economically developed countries, there are limits on the type and amount of work a child is allowed to do. There are age limits on the rights and duties of citizens. In Britain as in many countries, there are special courts with very strong powers to control and transfer private property in the interests of children. Special courts deal with young people who commit crimes.
The laws in most countries place more emphasis upon marriages legally registered than social arrangements whereby people live together. In Britain, children born outside legitimate marriages have fewer rights to financial support from estranged fathers than legitimate children.
In addition, if they are born outside the UK, they are less likely than legitimate children to be granted British citizenship. Their fathers have no automatic right to contact with them. Some welfare payments are calculated on a different basis according to whether recipients are married or not, and more procedures are available to a married woman than an unmarried one in seeking
protection from domestic violence.
CARD 12
What is Family Law
Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection.
These cases usually involve parties who arc related by blood or marriage, but family law can affect those in more distant relationships as well.
The vast majority of family law proceedings come about as a result of the termination of a marriage, family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. The division of property at the end of the marriage is also a common issue in family law cases. Courts will enforce prenuptial agreements and distribute assets and financial support accordingly.
The issue of child custody is the most common dispute in family court. Judges will always decide custody based on the best interest s of the child". The court may assign legal and physical custody to one parent, or those rights can be shared. A typical schedule would allow the child to spend weekends, summers, and alternating holidays with non-custodial parent, with both parents having an equally in major decisions affecting the child. All parents have a legal duty to provide financial support for their children. Alimony awards will be calculated in each particular case taking into account the respective incomes of the parents.
Family law cases can involve a number of other matters. Establishing (or disproving) paternity is a common subject of litigation, although it is becoming less complicated with the ability of courts to order DNA testing. Other issues include the termination of parental rights, adoption and grandparent rights. Family law also deals with the prevention of physical and emotional abuse. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact. Family law addresses the problems of ‘troubled families' that are characterized by child neglect and run a risk of generating juvenile delinquency. Family law in the 21st century is evolving quickly, making it more important than ever to seek advice from a qualified attorney. Without attorney representation a party is vulnerable and can unknowingly waive important legal rights.
CARD 13
Ноw a Business is organized
There are many legal forms of organization. The form of organization means the type of ownership. The main differences between the types of ownership are their ability to raise capital, the size and continuity of the enterprise, the disposition of profits, and the legal obligations in the event of bankruptcy.
A sole proprietorship is a business owned and operated by a single person. The sole proprietor owns all the business assets, makes all the decisions, takes all the risks, and keeps all the profits of the business, but he also has to supply all the capital, and his ability to borrow is limited to his personal amount of money and wealth. The business itself pays no tax, but the owner must pay personal income taxes on his profits. The sole proprietor runs the risk of financial ruin. He must use his personal property to settle the debts of the business if he goes bankrupt.
A partnership consists of two or more people who share the ownership of a business. A partnership begins with a legal agreement known as the articles of co-partnership. Partners own all the assets, owe all the debts, make the decisions, and share the profits. In a partnership the personal wealth of all partners can be used to secure loans and credit. This personal wealth may
also be used to settle the debts of the business. The partnership has unlimited financial liability in the event of bankruptcy.
The corporation is a legal entity which is chartered by the state in which it is incorporated.
As a legal entity, the corporation can own property that is not a personal wealth of its owners. The corporation can enter into business agreement on its own. The ownership of the corporation is divided into shares of stock. The stockowners vote for a board of directors who hire a president or chief executive officer to run the company. The board of directors also decides what
to do with the corporation’s profits. The liability of corporation is limited to the value of the assets of the company. The personal wealth of the stockholders cannot be used to pay debts in case of bankruptcy.
The best form for a particular enterprise depends on its capital requirements and the number of owners.
CARD 14
Lawyers at work
Lawyers with the same qualifications and professional title may be doing very different kinds of work. Most towns in the United States, for example, have small firms of who are in daily contact with ordinary people, giving advice and acting on matters such as consumer affairs, traffic accident disputes and for the sale of land. Some may also prepare for clients accused of crimes.
However, in both the United States and other industrialized countries, are becoming more and more specialized. Working in small firms, lawyers now tend to restrict themselves to certain kinds of work, and lawyers working in large law firms or in the law department of a large commercial enterprise work on highly specific areas of law. One lawyer may be employed by an oil company just to prepare for the supply of oil. Another may work for a newspaper advising the editors on libel matters. Another may be part of a Wall Street firm of over a hundred lawyers who specialize in advising stockbrokers on share transactions.
As well as the type of work, the working conditions and pay among members of the also vary greatly. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life. However, it should not be forgotten that there are also lawyers whose lives are not so secure. The Wall Street probably earns a high salary, but the small firm giving advice to members of the public on welfare rights or immigration - may have to restrict salaries in order to stay in business.
There are lawyers in developing countries whose business with fee-paying clients subsidizes the work they agree to do for little or no payment for citizens’ rights groups. Lawyers involved in human rights may even find their profession is a dangerous one. Amnesty International research shows that more than 60 lawyers investigating cases against people accused of political crimes were murdered in 1990.
CARD 15
Contract Law
Contract law is a body of rules governing the formation, performance, and enforcement of contracts. Its major purpose is to protect the reasonable expectations of individuals, businesses, and governments, that contract will be binding on and enforceable by the parties.
A contract is an agreement which is made between two or more parties and which is binding in law.
The parties must have a legal intention to be legally bound before making a contract. They must agree to contract on certain terms, they must know what they are agreeing to.
In order to be binding in law the agreement must include an offer and an acceptance of that offer. In every valid contract there must be an exchange of consideration. A valuable consideration is something a person has given, or done, or agreed not to do when making a contract. For example, when you buy an item at a store, your consideration is the money you pay, and the seller’s consideration is the item you buy.
Most contracts can be either written or oral. However, certain kinds of contracts must be in writing to be enforceable in court of law. These include contracts for the sale of land and estate, contracts of insurance and hire-purchase.
In a valid contract each person is legally bound to do what is promised. If one party to a contract does not carry out the promise, the other party can go to court and be entitled to a remedy.
First, the court must decide if a contract has been made. The judge will also consider if the contract has all the essential elements: an offer, an acceptance and a valuable consideration. It is very important for a judge to consider the capacity of contractors, which is whether they are legally competent to make a contract.
When one party refuses to perform or fails to perform the obligations under the contract, it is called a breach of contract. The party in breach must compensate the other party. Accordingly, the injured party may seek any of several remedies for the breach in court. A remedy is the means to enforce a right or to compensate for injury. The usual remedy is damages – monetary compensation. In addition to financial loss a plaintiff sometimes tries to claim damages for mental distress caused by the breach of contract. A court will award damages only for the loss closely connected with the defendant’s breach.
Instead of damages, a plaintiff sometimes asks the court to force the other contractor to carry out the contract. In English law it is called specific performance. Sometimes the court decides to award damages instead of specific performance, and sometimes it awards both.
CARD 16
Forming a contract
The basic principles of contract law in the English system arise from established custom and rules and are fundamental to all areas of law in practice. Reference is made to these principles in drafting and interpreting the provisions of any legal agreement, such as a lease, a loan agreement, a sales agreement, a consultancy agreement, a hire purchase agreement, a hire contract, or a service contract, etc. The principles of contract law will determine whether and at what point a binding agreement has been made between the parties concerned.
Formation of a contract requires the presence of four essential elements: offer, acceptance, consideration and intention.
Offer. The contract must contain the basic terms of the agreement and be capable of acceptance without further negotiation. This does not mean that the initial communication between parties will in itself constitute an offer. The offer is submitted by the purchaser, who offers to purchase at a specified price and will usually incorporate the terms of the invitation to treat into his/her offer.
Acceptance. There must be an unqualified agreement to proceed on the basis set out in the offer and it must be communicated to the offeror – the person making the offer – in order to be effective. If the offeree – the person receiving the offer – states that he or she accepts the offer subject to contract, that is, some variation of the terms, then no contract is formed. This would be a qualified acceptance, which constitutes a counter offer.
Issues may arise as to whether the acceptance has been communicated.
To avoid uncertainty, the offeror may specify the method and timing of acceptance.
Agreement on essential terms, for example price and delivery, must be certain and not vague.
Consideration. For a contract to be enforceable something of value must be given, for example a price, even if it is of normal value, say £ 1.
Intention. It is assumed that contracting parties intend to create legal relations, particularly in commercial circumstances. This is, however, a rebuttal presumption – an assumption that can be contradicted – if there is contrary evidence.
CARD 17
Trusts
The logical starting point is to define exactly what we mean by the term "trust". A widely recognized definition is contained in Halsbury's Laws of Trusts: "any disposition of property of whatever nature by any instrument whereby trusts are constituted for the purpose of regulating the enjoyment of the settled property among the persons or classes of persons nominated by the settlor".
The "settlor" is the person who creates the trust. To create a trust or "settlement", the settlor will transfer assets to the trustees who hold the property "on trust".
All trusts will have a settlor. The settlor is the person who makes the settlement - i.e. the person who transfers the assets to the trustees. The settlor is the benefactor - i.e. the creator of the trust. A "settlement" is simply another word for a "trust". Strictly speaking, the word settlement has a very wide meaning and includes certain arrangements which may not formally constitute a trust. However, at this point, we shall assume that the words “trust" and "settlement" are fully interchangeable. A trust may have more than one settlor - i.e. more than one person can transfer assets to the same trust - but in the majority of instances, a trust will simply have one settlor.
The trustees have a duty to "regulate the enjoyment of the trust property by the nominated persons". Those nominated persons are also called "beneficiaries".
When a settlor creates a trust he transfers assets to trustees. On creation of the trust, legal ownership will pass from the settlor to the trustees. Trustees, like a company or an individual, are a separate legal person and have a legal personality which is separate from the individuals making up the bodies of trustees. As we shall see in forthcoming chapters, trustees - as a legal body - will themselves have income tax, capital gains tax and inheritance tax liabilities. Within the deed, the settlor will nominate the person or persons who shall be the beneficiaries of the trust. In general terms, the beneficiaries are the only persons who are entitled to use or enjoy the income or assets of the trust. Trustees may not benefit from the trust, although professional trustees are allowed to receive reasonable remuneration for acting as trustees either under statute or by a provision of the trust deed.
CARD 18
Legal systems of the world
The three major legal systems of the world consist of civil law, common law and religious law. However, each country develops variations on each system or incorporates many other features into the system.
Civil law is the most widespread system of law all around the world. It is also sometimes known as Continental European law. The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature to amend a code. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in
theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than judicial precedents, as in common law) are considered legally binding. Scholars of comparative law and economists promoting the origin of the legal theory usually subdivide civil law into four distinct groups:
French civil law (France, the Benelux countries, Italy, Romania, Spain); German civil law (Germany, Austria, Switzerland, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China); Scandinavian civil law (Denmark, Norway and Sweden); Chinese law (a mixture of civil law and socialist law).
Common law is a system of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. Common law developed in England, influenced by the Norman conquest of England which introduced legal concepts from Norman law, which in turn was influenced by aspects of Islamic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis or precedent by courts is the major difference to codified civil law systems.
CARD 19
Intellectual property
Intellectual property, often known as IP, is fast-moving and sometimes complex area of law. It covers a wide range of diverse issues and allows people to own their creativity and innovation in the same way they can own physical property. IP refers to the creations of mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. The term “intellectual property” is connected with the intangible products of the intellect.
Under IP law owners are granted certain exclusive rights to a variety of intangible assets. Like other forms of property, IP can be bought and sold. IP laws are applicable both to natural persons and legal entities. Some of company’s most important assets are its intellectual property rights, which include patents, copyrights, trademarks, and trade secrets must be protected and secured. There are four general types of IP: (1) patents, (2) trademarks and trade dress, (3) copyright, (4) trade secret. The ability to recognize and protect IP is important in businesses. Under Internet networks global expansion intellectual property laws have been updated to provide protection of domain holders, Internet site owners and computer software owners. A patent is an exclusive right to make, use, and sell a new and useful process, machine, or product, granted to inventor for a certain period of time.
Trademarks are generally names, logos or drawings used to indicate the identity of a business. Trademark status may also be granted to distinctive and unique packaging, colour combinations, building designs, and overall presentations. Service-marks also receive legal protection but are meant to distinguish services rather then products. Copyright applies to original creations in the literary, dramatic, musical and artistic fields, sound recordings and broadcasts, including software and multimedia.
CARD 20
The Legal Meaning of Property
If the ordinary person in the street was to be asked to define 'property', it is not difficult to imagine the type of answer one might receive. 'Property', it will be said, 'is something tangible such as my house, my land, my car' and other identifiable objects that come to his memory. The central characteristic of the lay person's definition of property is the emphasis on objects or things as representing property. From a legal perspective, the lay person's response is inaccurate for two reasons. In the first place, the lay definition of property confuses the concept of property with the objects of property and the property relationship. Secondly, the definition attempts to focus on objects of property that are predominantly tangible in nature whilst the truth of the matter is that, in contemporary property law, objects of property are increasingly becoming intangible. How do property lawyers define property? In law, property lawyers treat the notion of property as one relating to rights to or over things. Property is not the thing itself but the right in or over the thing or object in question.
Most legal systems making a fundamental distinction between land on one hand and everything other than land on the other, rights in land are collectively referred to as real property, whilst rights in everything else are referred to as personal property. This distinction arose in the Middle Ages because a person who was dispossessed of real property could bring what was known as a real action to regain possession of the land. A person dispossessed of personal property could only bring a personal action, that is to say that he could only bring an action against the person who had dispossessed him, rather than an action which gave him the right to recover the property itself.
CARD 21
Will
The word 'will' either refers in a metaphysical sense to all that a person wishes to happen on their death, or much more commonly, it refers to the document or documents in which a person expresses their wishes on death. It is in this latter sense that the word 'will' is to be used. A person who makes a will is known as a testator if he is male, or a testatrix if she is female. There are five essential characteristics of a will, which may be summarized as follows: the wishes expressed are intended to take effect on death; the will only takes effect on death; a will can only operate as a declaration of intention; a will is ambulatory; a will is always revocable.
The majority of people die without having made a will. This may be out of a reluctance to contemplate their own death, the mistaken belief that a will is pointless in their case, or simply out of ignorance as to the possibilities open to them. Over the last forty years approximately only 30 people of people have died leaving a will (Judicial Statistics). It appears that two-thirds of people intend to make a will, but that for many that intention does not turn into action. However, there is evidence of an increasing tendency to make wills. This is probably in part due to the increase in the number of homeowners who consider that they now have something to give away under their will. It remains to be seen whether this trend will continue with the recent requirement that elderly people dispose of their homes in order to pay for their care. There are many advantages to be gained from making a will. Of considerable personal importance, there is the advantage of peace of mind. The more tangible advantages are now considered in turn.
CARD 22
Control over property
The maintaining of control over property may be a significant consideration in drawing up a will for a person with a partner (married or unmarried) and children. For example, if a wife draws up a will so as to leave all her estate to her husband, she loses control over the ultimate
destination of the property on the death of her husband if she dies first. She simply has to hope that he will dispose of what was originally her estate to the children of the marriage rather than, say, marrying someone else after her death and leaving the combined estates to his second wife.
Control could be achieved by giving her husband simply a life interest in her estate with the remainder passing on his death to the children. However, whether this is a desirable option has to be considered in the light of all the circumstances. If the husband has only a life interest, he will only be entitled to the income from the estate. If the husband has limited capital of his own and his wife was the sole owner of the matrimonial home (or they were co-owners holding as tenants in common), a right to only the income of the estate may not leave the husband with sufficient funds to be able to acquire the matrimonial home. Further, depending on the size of the estate, the creation of a life interest may be undesirable from the inheritance tax point of view.
CARD 23
Basic steps in the Civil Litigation process
Civil lawsuits arise out of disputes between people, businesses, or other entities, including government entities. Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and an appeal.
Each party in a lawsuit file pleading. The complaint sets out facts and legal claims (usually called causes of action). The answer provides the defendant’s side of the dispute. The defendant may also file counter-claims against the plaintiff. The complaint and answer define the issues for resolution by the court.
Through case preparation is critical to any successful litigation. Discovery is the method by which parties gather relevant information from each other or from third parties. It involves research of the law, document review and organization, and witness interviews. Before trial, parties may use motions. Motions usually pertain to law or facts in the case, but sometimes they seek clarification or resolution of procedural disputes between the parties. Before trial, each party provides to the judge a brief that outlines the arguments and evidence that will be used at trial. A trial is necessary only when there are disputed issues of fact. At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. A party dissatisfied with the result may appeal. During an appeal, a party asks a higher court to review the trial court proceeding. The appellate court can either affirm the verdict or reverse it, and order a new trial. An appeal can extend the litigation process by a year or more.
CARD 24
Types of Crimes
There are three categories of crimes in the UK: indictable, summary, and either-way crimes.
Indictable offences are the most serious ones and are punishable by the longest prison terms. They include murder, rape and robbery and can only be tried in the Crown Court. Summary offences are the least serious ones, such as speeding and drunk-driving. Summary trials are heard in magistrates’ courts.
Either-way offences can be heard either in the Crown Court or by magistrates. Examples of either way offences include theft, drug offences and less serious physical violence. A magistrate can decide that an either-way offence is serious enough to be heard in the Crown Court where the penalties prescribed can be more severe. If, however, a magistrate decides that an either-way offence can be heard as a summary trial, the defendant can choose to move the trial to the Crown Court.
An important aspect of criminal law is that in most crimes the prosecution has to prove two elements. The first, actus reus, refers to the criminal act itself. The second, mens rea, refers to the intent to commit a crime – ‘guilty mind’. However, in some cases, such as drunk driving or speeding, the prosecution does not have to prove intent. Such offences are said to be of ‘strict liability’.
Types of serious crimes in most jurisdictions are: arson, theft, sexual offences, terrorism. In common law arson is setting fire to the dwelling of another person. Theft sometimes is still known by the traditional name of larceny which probably is the most common crime involving criminal intent. The traditional definition of theft is the physical removal of an object without the consent of the owner. Burglary is entering a building, inhabited vehicle or vessel to steal, to inflict bodily harm or to do unlawful damage. In English law, any entry by an individual into a building with intent to commit theft is burglary.
Robbery is the commission of theft in circumstances of violence. Robbery takes many forms – from the mugging of a stranger in the street to robberies of banks, involving numerous participants and careful planning.
CARD 25
The Criminal Code
The Criminal Code of the Russian Federation is divided into a General Part, containing general principles relating to criminal responsibility and assessment of punishment and a Special Part, listing various offences and punishments. Under the General Part persons are subject to the criminal law when they reach the age of sixteen years for normal crimes, and fourteen years for murder and other grave crimes. Persons who are insane at the time of commission of a crime may not be convicted thereof. The Criminal Code introduces some factors that exclude guilt to go along with traditional justifications such as self-defense or necessity or excuses such as duress. These include “innocent infliction of harm,” by persons who, due to objective or subjective (mental) circumstances, could not have appreciated the danger of their acts or have prevented the harm or who inflict harm while taking a socially useful justified risk. First-time offenders who commit less serious crimes can be freed of criminal responsibility if they engage in “active remorse” in the form of turning themselves in, aiding in the solving of the crime or making restitution.
The goal of punishment under the Code is the re-establishment of social justice, rehabilitation of а convicted person, and prevention of the commission of new crimes. The Code introduces life imprisonment as an alternative to the death penalty.
The Special Part of the Criminal Code contains a typical list of crimes against the person (homicide, sexual offences, assaultive conduct). A special chapter is devoted to punishment of violations against “the constitutional rights and freedoms of the person and citizen”, among them acts infringing on the inviolability of one’s private life, correspondence, and dwelling or on the liberty of confession or assembly.
CARD 26
Punishment
The purpose of punishment means that the sentence should be designed to deter people from committing offences for fear of the consequences. These days, more and more sentences are designed to ensure that the offender is made aware of the harm he has done. Steps are also taken in appropriate cases to ensure that the offender understands the full effect of the harm he has caused, and apologizes to the victim for it. The purpose means that the sentence should, wherever possible, take into account the personal circumstances of the defendant and look to his future. A large number of offenders need treatment rather than punishment. Many offenders who are mentally ill, or who are addicted to alcohol or dangerous drugs, are not sent to prison, but are ordered to receive treatment in hospitals or drug rehabilitation centers. Punishment may be designed to reform and rehabilitate the wrongdoer so that they will not commit the offenсe again. This kind of punishment should not be confused with deterrence, the goal here is to change the offender’s attitude to what they have done, and make them come to accept that their behaviour was wrong.
The purpose means that the punishment should in some way p ay the offender back for the harm he has done. Firstly, this will give satisfaction to the victim. Some would dearly like to get their own back in an act of vengeance. They must not do this. A victim of crime must never “take the law into his own hands”. If that were acceptable there would be even more violence and public disorder. Secondly, it is the way in which the public as a whole can show their feelings of disapproval for the crime and the offender who committed it.
CARD 27
Police in Russia
The organizational structure, methods and traditions of the police of the Russian Federation as well as the functions and organization of Ministry of Internal Affairs differ from the police of western countries. The departments in western countries are usually civil executive bodies headed by politicians and responsible for many other tasks as well as the supervision of law enforcement.
One unique feature of policing approach in Russia is the system of territorial patronage over citizens. Cities as well as rural settlements are divided into districts and the policeman is the main and actually the real police force in these areas.
The duty of a policeman is to maintain close relations with the residents of his district. He is also responsible for tackling minor offences like family violence, loud noise, residential area parking etc.
Police personnel carry firearms, but are not permitted to carry their weapons when they are off duty. Although women constitute a significant proportion of police staff, they are usually not permitted to fill positions that carry risks but they are allowed to carry firearms in selfdefense. Instead, they are widely represented among investigators, juvenile crime inspectors, clerks etc. However, limited attempts are being made to appoint women as traffic officers. Another unique feature is the use of conscripted soldiers from the Internal Troops for regular urban policing. The Internal Troops are the military force who can be assigned to carry out simple public security tasks like patrolling while being accompanied by professional policemen, or cordoning large crowds at sport events, concerts and protests.
CARD 28
The Criminal Investigation in Russia
The criminal investigation in serious cases is divided into two stages: an informal inquest performed by the police and a formal preliminary investigation usually conducted by a legally trained investigator who works for the Ministry of Internal Affairs but is subordinate to the procuracy. Less serious cases are investigated by the police and their reports are submitted in writing directly to the courts, by passing the formal preliminary investigation.
The activity of the police during the inquest is supposed to be limited to arresting suspects, securing the crime scene, and taking initial evidence from available suspects and witnesses. The police should inform the procuracy within twenty-four hours of the arrest of a suspect and the case should then be turned over to the investigator who decides whether to initiate a formal criminal investigation. All investigative acts are documented in writing and collected in an investigative dossier that follows the case into the courts and serves as a repository for vital evidence during trial and appeal. The procurator has forty-eight hours after notification to either issue an order of preventive detention or release the suspect. Detention is authorized if there is fear the defendant will not appear for trial, destroy evidence, commit more crimes or just because of the seriousness of the offence.
When the investigator determines that there is sufficient evidence to bring the accused before trial he prepares an accusatory pleading and forwards it to the procurator for review. The accused and his counsel have, at this point, the right to full discovery of the entire contents of the investigative dossier. The procurator may dismiss the case, amend the pleading or forward the case to the court for trial.
CARD 29
Civil procedure
Civil procedure in the United States has three distinctive features. First, it follows an adversarial model of dispute resolution. Parties initiate and propel litigation in this model, and the judge, historically and at least in theory, plays the relatively passive role of umpire. The burden is on the parties to present their grievances and defences. Unlike in socalled inquisitorial models of dispute resolution, the judge rarely makes independent inquiries. The burden is also on the parties to prosecute their grievances and defenses; litigation stops unless the parties pursue it. These characteristics of the system of dispute resolution place on lawyers a heavy responsibility for assuring justice and mastering civil procedure.
Second, civil procedure in the United States is dominated by positive law: codified rules enacted by legislatures or their delegates. In contrast, the substantive rules of decision taught in the other traditional first year courses are more often doctrinal: declared by courts as part of the common law.
One difference between positive and common law lies in the materials containing the legal rules. The common-law materials are almost entirely judicial opinions, and the appropriate inquiry is: what rule best fits the case? In contrast, positive law materials are enacted laws or procedural rules and legislative history. Emphasis in administering the latter is on their plain words and (sometimes) legislative intent, in recognition of the superior lawmaking authority of legislatures and their delegates.
”Finally, the purpose of civil procedure is, as the Federal Rules of Civil Procedure state, “to secure the just, speedy, and inexpensive determination of every action and proceeding”.
Presumably, decisions are more likely to be just when they reach the merits. But the adversarial character of civil dispute resolution in the United States, have made the goals of “speedy and inexpensive” determinations increasingly difficult to attain. As a result, there is constant pressure for more active judicial management of litigation and for judicial intervention to dispose of the litigation without trial, if possible.
CARD 30
Torts
There are a number of different types of torts. Here is a short list of the most common.
1. These types of torts involve all of the personal injuries one can receive in an automobile accident. Generally, one driver causes an accident which injures (or sometimes kills) others (e.g. his passengers, people in another automobile or pedestrians).
2. These types of torts involve injuries one can receive from the condition of a particular parcel of property, mostly due to the failure of the property owner to keep the condition of the property in a safe condition. Two common examples of these types of torts include (i) a "slip and fall" accident and (ii) an injury one receives from a crime committed on another’s property (e.g. being mugged or assaulted in a private parking garage where the owner of the garage knew that people were getting mugged all the time – and did nothing to prevent further muggings).
3. These types of torts involve injuries one can receive due to the mistake of a licensed professional (i.e. a doctor, a lawyer or a dentist). Generally, these types of torts require the "expert" testimony of a professional (e.g. another doctor in a medical malpractice case).
4. These types of torts involve injuries one can receive from a "product" such as a machine, medical device or a prescription drug. The injured person must prove that the product in question was improperly designed, constructed or packaged without the proper regard for the damage it could cause to a human being.
5. These types of torts involve injuries one can receive from something another says or writes which is untrue, malicious and/or private. These defamation torts include (i) slander (spoken word), (ii) libel (written word) and (iii) invasion of privacy (making something public which was and should have remained very private).
6. These types of torts generally involve one person physically attacking another person. These are also sometimes called "intentional torts" to distinguish them from most other torts (which usually involve an accident resulting from another's mistake or lack of care).
7. This is also another type of intentional tort. This involves one person lying, misrepresenting or concealing an important piece of information from another person in order to get that other person to do or refrain from doing something. In short, a plaintiff is tricked by the fraudulent act of the defendant.