ИНОСТРАННЫЙ ЯЗЫК В СФЕРЕ ПРОФЕССИОНАЛЬНОЙ КОММУНИКАЦИИ
1.Какое из следующих вопросительных предложений является правильным?
1.What do the law provides there?
2. What the law provides there?
3. What does the law provide there?
2.Выберите правильную глагольную форму в следующем предложении:
John … for the new court session in the next room now.
1) prepare,
2) prepares,
3) is preparing.
3. Выберите правильную глагольную форму в следующем предложении:
I… this law book already.
1) see,
2) saw,
3) have seen.
4. Выберите правильную глагольную форму в следующем предложении:
Where is Steve? He’s busy with his work. He… the articles for his report since afternoon.
1) reads,
2) is reading,
3) has read,
4) has been reading.
5. Выберите правильную глагольную форму в следующем предложении:
When we arrived, the concert already …
1) Began,
2) was beginning,
3) had begun,
4) had been beginning.
6. Выберите правильную глагольную форму в следующем предложении:
We …for the seminar in the theory of state and law by the middle of the next week.
1) will prepare,
2) will be preparing,
3) will have prepared.
7.Выберите подходящее предложение в косвенной речи для следующего предложения в прямой речи:
The solicitor said:” The plaintiff came to my office yesterday”.
1) The solicitor said that the plaintiff came to his office yesterday.
2) The solicitor said that the plaintiff had come to his office yesterday.
3) The solicitor said that the plaintiff has come to his office yesterday.
8.Выберите подходящий вариант перевода следующего предложения:
She told us that her brother studied at the university.
1) Она рассказала, что ее брат учится в университете.
2) Она рассказала, что ее брат учился в университете.
3) Она рассказала, что ее брат будет учиться в университете.
9.Переведите следующее предложение из прямой речи в косвенную:
She asked: “Is Henry at home?”
1) She asked was Henry at home.
2) She asked whether Henry was at home.
3) She asked whether Henry had been at home.
10.Закончите следующее предложение с помощью выражений:
You have been to Paris,…?
1) haven’t you,
2) have you.
11. Поставьте вопрос к дополнению в следующем предложении:
I met that witness in the court room.
1) Who you meet?
2) Who did you meet?
12.Вставьте подходящее слово в следующее предложение:
The Academy … about seventy years ago.
1) was based,
2) was found,
3) was founded.
13. Вставьте подходящее слово в следующее предложение:
In the eleventh century lay courts and church courts were separated
and each had its own …
1) statute,
2) rules,
3) jurisdiction.
14. Вставьте подходящее выражение в следующее предложение:
…..is built up by the judges since the Norman Conquest.
1) law of equity,
2) substantive law,
3) case law.
15. Вставьте подходящее слово в следующее предложение:
In civil law a private citizen begins …to establish rights against another
Citizen or a group of citizens.
1) a legal action,
2) a trial ,
3) a court.
16. Вставьте подходящее слово в следующее предложение:
…was applied in medieval times in courts in coastal towns and in market towns.
1) Maritime law,
2) Law merchant,
3) Сanon law.
17. Вставьте подходящее слово в следующее предложение:
Is common law …?
1) a written law,
2) an unwritten law.
18. Вставьте подходящее слово в следующее предложение:
This body is … the work of the courts.
1) to administer justice,
2) to supervise,
3) to enact,
4) to draft.
19. Вставьте подходящее слово в следующее предложение:
The courts of different instances… in the Russian Federation.
1) pay attention,
2) supervise,
3) enjoy,
4) administer justice.
20.Какое из значений слова ground вы используете для перевода следующего предложения:
On what ground was he detained by the police?
1) земля,
2) причина,
3) основание.
21. Вставьте подходящее слово в следующее предложение:
Criminal offences are the offences against the State and … by the State.
1) available,
2) possible,
3) punishable .
22. Вставьте подходящее слово в следующее предложение:
…lays down the rules governing the manner in which a right is enforced under the civil law in court or a crime prosecuted in the trial.
1) Constitutional Law,
2) Substantive Law,
3) Procedural Law.
23.Вставьте подходящее слово в следующее предложение:
… may be defined as a rule of human conduct imposed upon аnd enforced among the members of a given state.
1) Statute,
2) Jurisdiction,
3) Law.
24. Вставьте подходящий глагол в следующее предложение:
The chief characteristic of law is that is… by the State.
1) broken,
2) made,
3) enforced.
25.Выберите слово, соответствующее данному определению:
To show beyond doubt to be true is …
1) to cause,
2) to urge,
3) to prove,
4) to swear.
26. Выберите слово, соответствующее данному определению:
… is a violation or breach of a law, custom, rule.
1) An order,
2) A criminal,
3) An offence.
27. Выберите слово, соответствующее данному определению:
The law and its administration is …
1) authority,
2) supervision,
3) justice.
28. Выберите подходящую глагольную форму в следующем предложении:
In the Russian Federation local government …and …
1) recognized, guaranteed;
2) is recognized, guaranteed;
3) was recognized, guaranteed
29. Выберите подходящую глагольную форму в следующем предложении:
When… the Constitution of the Russian Federation …?
1) adopted;
2) was adopted;
3) is adopted.
30. Выберите подходящую глагольную форму в следующем предложении:
About 20 amendments …to the American Constitution since it’s adoption up to now.
1) made;
2) were made;
3) have been made.
31. Выберите подходящую глагольную форму в следующем предложении:
The US Constitution … and … from 1787to 1789.
1) drafted and ratified;
2) was drafted and ratified;
3) was being drafted and ratified.
32. Выберите подходящую глагольную форму в следующем предложении:
At last the problem… by joint efforts of the people present and we went home.
1) was solved;
2) was being solved;
3) had been solved.
33. Выберите подходящую глагольную форму в следующем предложении:
Candidates may also… in the seminar course.
1) to participate;
2) participate.
34. Выберите подходящую глагольную форму в следующем предложении:
Today judges may … the common law within narrow limits.
1) to develop;
2) to be developed;
3) develop.
35. Замените модальные глаголы соответствующими эквивалентами:
You mustn’t stay here.
1) are not allowed ;
2) aren’t to stay;
3) didn’t have to stay.
36. Выберите подходящую глагольную форму в следующем предложении:
…you lend me your car for a day? I’ll return it to you tomorrow.
1) can;
2) could;
3) must.
37. Выберите подходящую глагольную форму в следующем предложении:
They suggest that we … change the order of the day.
1) would;
2) should;
3) must.
38. Выберите подходящую глагольную форму в следующем предложении:
If he … a good lawyer, he … more inquisitive. But he hadn’t met his obligations.
1 ) was, should be;
2) were, would be;
3) is, must be.
39. Выберите подходящую глагольную форму в следующем предложении:
If I … his address, I … a letter to him a week ago.
1) knew, would write;
2) to know, wrote;
3) had known, would have written.
40.Выберите правильный вариант перевода на русский язык:
I wish he were a lawyer.
1) Я хочу, чтобы он был юристом;
2) Жаль, что он не юрист;
3) Мне хотелось бы, чтобы он был юристом.
41. Выберите подходящую глагольную форму в следующем предложении:
If Kate …a seat belt, she … in the crash.
1) wore, were injured;
2) had worn, was injured;
3) hadn’t worn, would have been injured
42. Выберите подходящую глагольную форму в следующем предложении:
They… as if they … about the accident.
1) had spoken, would know;
2) spoke, knew.
43. Выберите подходящую глагольную форму в следующем предложении:
She … at me as if she… me all her life.
1) had looked, knew;
2) looked, had known;
3) looked, would have known.
44. Вставьте подходящее слово в следующее предложение:
The United Kingdom is … ….
1) a republic, with a written constitution;
2) a monarchy with a written constitution;
3) a constitutional monarchy without a written constitution.
45. Вставьте подходящее слово в следующее предложение:
The Queen … an important formal role within ….
1) doesn’t keep, Parliament;
2) doesn’t retain, the Government ;
3) retains, the Parliament.
46. Вставьте подходящее слово в следующее предложение:
The House of Commons consists of… … for 5 years by …
1) members of the local government, appointed , the Queen’s order;
2) members of Parliament , appointed, the Prime Minister’s order;
3) members of Parliament, elected, universal suffrage.
47. Вставьте подходящее слово в следующее предложение:
… legislation comprises the bulk of European Union law.
1) Primary;
2) Non-significant;
3) Secondary.
48. Вставьте подходящее слово в следующее предложение:
There is some debate as to … in relation to later statutes … by the Parliament of the United Kingdom.
1) the statutes of European Union law, passed;
2) the statutes of European Union law, enacted.
49. Какое из значений слова state вы используете для перевода следующего предложения?
What state is the United Kingdom?
1) состояние;
2) штат;
3) государство.
50.Какое из значений слова common вы используете для перевода следующего предложения?
The common law is the judge-made law.
1) обычное, часто встречающееся;
2) общее.
51.Какое из значений слова authority вы используете для перевода следующего предложения?
Parliament at Westminster is the supreme authority throughout the United Kingdom.
1) полномочие;
2) разрешение;
3) власть.
52.Какое из значений слов binding decisions вы используете для перевода следующего предложения:
The institutions of the European Union have the power to take binding decisions for the member states.
1) связующие;
2) обязательные для исполнения .
53. Вставьте подходящие глаголы в следующее предложение:
The Maastricht Treaty … the previous Treaties of the European Community and
… the European Union.
1) passed, made;
2) amended, created;
3) broke, rejected.
54.Выберите слово, соответствующее данному определению:
To repeal the law means:
1) to annul the law;
2) to pass the law;
3) to enact the law.
55.Выберите слово, соответствующее данному определению:
Law enforcement agencies are to:
1) protect the citizens;
2) impose the observance of law;
3) charge the citizens with a crime.
56.Вставьте необходимый предлог:
They do not depend … the freedoms and status accorded … citizens in particular societies.
1) of, to;
2) on, to.
57.Закончите следующее предложение:
The Council of Europe is an institution…
1) dependent of the European Union;
2) independent of the European Union.
58. Закончите следующее предложение:
Is the European Union law a part of…?
1) criminal law;
2) civil law;
3) domestic law of the given country.
59. Закончите следующее предложение:
In politics, law and order refers to demands for a strict....
1) prison terms;
2) criminal justice system;
3) punishment
60. Закончите следующее предложение:
Advocates of stricter policies toward crime and those accused of crime have won many victories since the issue became ...
1) unimportant;
2) unclear;
3) important.
Задание: прочитать текст на юридическую тематику и ответить на вопросы
Текст 1. The English word "law" means various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the law of gravity; another is laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example, the speed limits are laws that prescribe how fast we should drive. In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is informal rules of social and moral behavior. Some are rules we accept if we belong to particular social and cultural groups. And some are laws made by nations and enforced against all citizens. Customs need not be made by governments, and they need not be written down. We learn how we are to behave in society through the instruction of family and teachers, the advice of friends, etc. Sometimes, we can break these rules without any penalty. But if we continually break the rules, other members of society may criticize us, or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually guided by many such informal rules. The rules of social instructions are more formal than customs, carrying penalties for those who break them. Sports clubs, for example, often have detailed rules for their members. But if a member breaks a rule and refuses to accept any punishment, the club may ask him or her to leave the club.
However, when governments make laws for their citizens, they use a system of courts and the police to enforce these laws. Of course, there may be instances where the law is not enforced against someone - such as when young children commit crimes, or when certain people are able to escape justice by using their money or influence.
Answer the following questions:
1. What is meant by law?
2. What provides a descriptive law?
3. What regulates the prescriptive law?
4. What focuses on the government in adopting laws?
5. What example is the law?
Текст 2. «You have the right to remain silent; anything you say can be used against you…», these are the words of the «Miranda warning» which was created as a result of 1966 United States Supreme Court case, Miranda vs. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntary and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present. The United States Supreme Court ruled the confession could not be used as evidence of Mr. Miranda’s guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, the Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires. The «Miranda warning» is now applied by law officers through the United States as a result of this ruling.
Answer the following questions:
1. Was Ernesto Miranda guilt of something? If yes, try to explain why he was.
2. When and where was the case Miranda vs. Arizona appeared?
3. What is the name of the case, on which the «Miranda warning» is based?
4. According to the article, do people really have an opportunity to afford themselves an attorney nowadays?
Текст 3.
On February 26, 1991, the family of Ismail and Maimane Farhat joined their friends and neighbors in Kuwait in a joyous celebration of the expulsion of the Iraqi invaders who had terrorized them during seven long months of occupation. Having survived the occupation, the Farhats looked forward to a peaceful future, as they helped rebuild the country which had been their home for over 30 years.
Less than a week later, however, the family was mourning the murder of Ismail Farhat and his youngest son, Osama Farhat, and the brutal rape and shooting of his daughter, Naimat Farhat. The culprits were not Iraqis, but the very Kuwaiti government which had been restored to power after a war which cost tens of thousand of lives and left hundreds of thousands more facing possible death from starvation, unsanitary conditions and inadequate health care.
The attack on the Farhat family was not an isolated incident. In the aftermath of the war fought on its behalf, the newly restored government of Kuwait unleashed a campaign of terror, chiefly against noncitizen residents of Kuwait, which added thousands of additional victims to the toll inflicted by the war. Through summary executions, torture, arbitrary detention and the forced exile of people who had spent all or most of their lives in Kuwait, the government aggravated a tragedy whose repercussions will be felt in the region for decades to come.
Having been stymied in their attempts to obtain justice from Kuwait, the Farhats now turn to the United Nations, demanding that Kuwait be held accountable for the grave human rights violations inflicted on their family and on thousands of other people.
Answer the following questions:
1. What rules of international law have been violated?
2. From your point of view what solution will the United Nations make?
3. In your opinion what actions will the UN take concerning the Government of Kuwait?
Текст 4.
What could be more exciting than zipping around in a cool convertible? Not much—or at least, Honda didn’t think so in 1994 when it came out with its sporty “del Sol” convertible. Honda hired an advertising agency to create a TV commercial that would show everyone just how exciting the “del Sol” was. The only problem was the commercial looked an awful lot like a scene from a James Bond action movie.
Here’s the thing: When someone creates a movie, he or she has a “copyright” on that movie. That makes it illegal for other people to use the movie as if they made it themselves. In order to use any part of the movie, they would have get permission from the person who created the movie. But what if they can’t get permission? Can they just create something that looks the same as the original and use that instead? Absolutely not. Copyrights protect artists from people who want to make money by selling “knock-offs” that look just like the original.
Now that you know about copyrights, you won’t be surprised to learn that the film company that makes James Bond movies wasn’t very happy about the Honda commercial. In fact, they were so unhappy that they took Honda to court. They wanted the court to force Honda to take the commercial off the air. They told the court that Honda violated their copyrights to sixteen different James Bond films! Here is how the judge in that case described Honda’s commercial, which was called “Escape”:
Answer the following questions:
1. Based on the evidence, how much of the idea of James Bond do you think Honda copied?
2. Do you think people would buy copies of the Honda commercial instead of buying A James Bond DVD?
3. Was the idea of James Bond copied in order to make money?
Текст 5.
Amoco liable for oil field blunder
Case type: Breach of contract.
Case: Rubicon Petroleum Inc. v. Amoco Products Co. (Dist. Ct., Matagorda Co., Texas).
Plaintiff’s attorneys
Defense attorneys
Jury Verdict: $500 million
In May 1990 Rubicon Petroleum Inc. wanted to buy oil fields from Amoco Products Co. and its parent Amoco Corp. for $18 million. “ Rubicon sent Amoco a written offer , and Amoco verbally accepted that,” says plaintiff’s counsel John M. O’Quinn. Amoco also sent Rubicon a boilerplate contract form.
But before the contract could be signed says Rubicon co-counsel W. Mark Lanier, an internal Amoco evaluation assessed the property’s value at as much as $ 65 million. Immediately afterwards, Mr. Lanier says, ”Amoco called us and said they were taking it off the market for environmental reasons.” But Mr. O’ Quinn adds, a week later the fields were put on sale as part of a larger package. Rubicon sued Amoco for breach of contract.
Amoco denied any breach, says defense attorney Edward J. Murphy. But, on Nov.22, a jury ordered Amoco Products and Amoco Corp. to pay Rubicon $125 million in compensatory damages and $250 million in punitives. The jury awarded an additional $125 million as attorney’s fees. Amoco will appeal.
Answer the following questions:
1. What are the parties to the case?
2. What offer did Rubicon Petroleum Inc. send to Amoco Products Co. and its parent Amoco Corp?
3. Did Amoco accept the offer?
4. Was the contract signed at the moment of changes?
Текст 6.
Rights of shareholders (Gilbert, Compendium of Laws)
Requirements of full disclosure: The proxy rules require full disclosure of all pertinent facts and the identities of all proxy participants, disclosure of compensation paid to certain officers and directors, and disclosure of conflict –of- interest transactions involving more than $60,000.
Inclusion of shareholder proposal: shareholder proposals must be included in corporate proxy materials if the proponent is a record or beneficial owner of at least 1% or $1000 worth of securities entitled to vote on the matter. A proposal need not be included if it: is not a proper subject for shareholder action, would be illegal, is false or misleading, seeks redress of a personal claim, relates to operations accounting for less than 5% of the corporation’s total assets and is not otherwise significantly related to the corporation’s business, relates to an election to office, is counter to a proposal submitted by the corporation at the same meeting, is moot or duplicative, deals with the same subject matter as a very unsuccessful prior proposal, or relates to specific amounts of cash or stock dividends.
Remedies: These include suit by the SEC to enjoin violations or to set aside an election and individual suits, class actions, or derivative suits by the shareholders. (In a private suit, the plaintiff must show materiality and causation, but causation is normally presumed from materiality. Fairness to the corporation is not a defense to a violation of proxy rules). The court may rescind corporate action resulting from a misleading proxy solicitation or award damages.
Answer the following questions:
1. What do the proxy rules require?
2. In what cases are the shareholder’s proposals included into the proxy materials?
3. When aren’t the shareholder’s proposals included into the proxy materials?
4. What are the remedies used by the shareholders?
Текст 7. How some of English rights were formed «You have the right to remain silent; anything you say can be used against you…», these are the words of the «Miranda warning» which was created as a result of 1966 United States Supreme Court case, Miranda vs. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntary and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present. The United States Supreme Court ruled the confession could not be used as evidence of Mr. Miranda’s guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, the Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires. The «Miranda warning» is now applied by law officers through the United States as a result of this ruling.
Answer the following questions:
1. Was Ernesto Miranda guilt of something? If yes, try to explain why he was.
2. When and where was the case Miranda vs. Arizona appeared?
3. What is the name of the case, on which the «Miranda warning» is based?
4. According to the article, do people really have an opportunity to afford themselves an attorney nowadays?
Текст 8.
James Bond versus Honda
What could be more exciting than zipping around in a cool convertible? Not much—or at least, Honda didn’t think so in 1994 when it came out with its sporty “del Sol” convertible. Honda hired an advertising agency to create a TV commercial that would show everyone just how exciting the “del Sol” was. The only problem was the commercial looked an awful lot like a scene from a James Bond action movie.
Here’s the thing: When someone creates a movie, he or she has a “copyright” on that movie. That makes it illegal for other people to use the movie as if they made it themselves. In order to use any part of the movie, they would have get permission from the person who created the movie. But what if they can’t get permission? Can they just create something that looks the same as the original and use that instead? Absolutely not. Copyrights protect artists from people who want to make money by selling “knock-offs” that look just like the original.
Now that you know about copyrights, you won’t be surprised to learn that the film company that makes James Bond movies wasn’t very happy about the Honda commercial. In fact, they were so unhappy that they took Honda to court. They wanted the court to force Honda to take the commercial off the air. They told the court that Honda violated their copyrights to sixteen different James Bond films! Here is how the judge in that case described Honda’s commercial, which was called “Escape”:
Answer the following questions:
1. Based on the evidence, how much of the idea of James Bond do you think Honda copied?
2. Do you think people would buy copies of the Honda commercial instead of buying A James Bond DVD?
3. Was the idea of James Bond copied in order to make money?
4. Does the commercial criticize James Bond?
Текст 9.
Employment rises above historic median despite drop in bar passage rates
The employment rate for law school graduates may have just passed its historic median. The American Bar Association reported last week that the percent of graduates who held full-time, long-term, Bar Passage Required or J.D. Advantage jobs roughly 10 months after graduation increased from 70 percent for the class of 2015 to 73 percent for the class of 2016.
Those figures rise to 75 percent for the class of 2016 when excluding students pursuing a graduate law degree and including short-term positions, a figure that matches the median from 2001 to 2008, when NALP collected employment data and did not separate short-term from long-term positions.
What makes the class of 2016 employment rate even more impressive is that the percent of graduates who landed a full-time jobs may be higher than the percent who passed the bar exam. While The ABA has not released bar passage data for the class of 2016, several states have reported further declines in passage rates, meaning the national rate should be less than the 75.6 percent that was posted for the class of 2015. Of the class of 2016, 74.3 landed full-time jobs and 78.6 percent had full or part-time jobs (64.5 percent had jobs that required bar exam passage, and an additional 14.1 percent had JD preferred jobs).
From 2001 to 2008, the first time bar passage rate for ABA graduates hovered between 78 and 83 percent, with 85 to 90 percent of those graduates landing bar exam-required jobs. The class of 2016 appears to have followed the same pattern, with the number of bar exam-required jobs at a minimum of 90 percent of the number of graduates who passed the bar.
Answer the following questions:
1. What kind of jobs can the graduates hold after they finish studying?
2. What was the first bar passage rate for ABA Graduates?
3. What was percentage of graduates from 2001 to 2008 who landed bar exam-required jobs?
4. What happens to the legal market?
Текст 10. Four more UK top 50 firms rethink approach to lawyer performance assessment Berwin Leighton Paisner (BLP), Fieldfisher, Withers and RPC have joined a growing group of UK top 50 law firms looking to change the way they appraise their fee earners and staff. In recent months, a number of leading firms have unveiled significant changes to the way they assess performance, with Linklaters set to drop both individual financial targets and annual performance reviews for partners, and Allen & Overy and Hogan Lovells both moving away from formal annual assessments in favour of ongoing – or ‘continuous’ – feedback. Others within the UK top 50 now look set to follow suit. BLP confirmed to Legal Week that it is reviewing its annual appraisal process, and is canvassing staff on potential changes. A spokesperson said: “In recent years we have refined the annual appraisal process to focus more on career development, which has been well received. We acknowledge that there is still some room for improvement, and have instigated focus groups to gather further feedback.” Elsewhere, Fieldfisher is also considering dropping annual appraisals, with a spokesperson saying: “The dialogue that we are having with our partners and staff shows that there is an increasing appetite for developmental feedback and more regular ‘touch points’ across all levels of staff, whether fee earner, business services or secretary. “We have a dedicated project team in place that is actively working on how we can create a more rounded real-time feedback culture, and we are actively considering the role and relevance of the annual appraisal in supporting that.” RPC is also reviewing its partner target model, but has no concrete plans yet.
Answer the following questions: 1. How many UK top firms rethink their approach to lawyer performance assessment? 2. What is the focus of the firm? 3. How do the others within the UK top 50 find the new focuses?
Текст 11. Spectator is found in contempt of court after snapping fingers at officer's murder hearing A courtroom spectator was found in contempt of court Thursday after snapping his fingers to indicate approval of a Chicago judge’s refusal to dismiss murder charges against a police officer. The incident occurred after Cook County judge, Vincent Gaughan, refused to dismiss first-degree murder charges against Chicago police officer Jason Van Dyke for the October 2014 shooting death of 17-year-old Laquan McDonald, report the Chicago Tribune, the Chicago Sun-Times and DNA Info. Van Dyke’s lawyer, Daniel Herbert, had argued his client was acting according to law and department policy when he shot McDonald 16 times, and the shooting was “business as usual.” Herbert said McDonald was armed with a knife, had committed a felony, and was fleeing arrest when shot. The Chicago Tribune indicates that the spectator, Moises Bernal, snapped his fingers multiple times after Gaughan ruled against the officer, while DNA Info says he snapped his fingers “loudly.” The judge ordered Bernal to “get up here, sir,” and asked why he was at the hearing. “To see a racist murderer on trial,” Bernal replied. Gaughan said Bernal had made a “clicking sound that disrupted this court completely” and disrupted the administration of justice. He found Bernal in direct contempt of court and set bail at $40,000. Bernal, who DNA Info says is a teacher at the Instituto del Progreso Latino, will have to appear in court for a presentence hearing June 21. Gaughan had warned in April that protesters would be held in contempt if they harassed Van Dyke, and that included anyone who brings a sign to the courthouse “and starts waving it around.”
Answer the following questions: 1. What did Chicago judge refuse to do towards the police officer? 2. How old was the shooted man? 3. How much was the bail for Moises Bemal? 4. Who is Bemal? 5. When will the presentence hearing be held?
Текст 12. Alabama inmate is executed Sotomayor dissent criticizes midazolam and lawyer phone ban Alabama inmate Thomas “Tommy” Arthur was executed early Friday, the eighth time an execution had been scheduled for him. Arthur, 75, was put to death for the 1982 murder of his lover’s husband after the U.S. Supreme Court denied a stay of execution, spurring a dissent by Justice Sonia Sotomayor, report the Washington Post, AL.com and the Montgomery Advertiser. According to AL.com, the execution began at about 11:50 p.m. when Arthur received the first of three execution drugs. Arthur “slowly drifted off,” AL.com says, “and his breathing became more shallow.” He was pronounced dead at 12:15 a.m. Before the execution started, Arthur apologized to his children in a final statement. “I’m sorry I failed you as a father,” he said. “I love you more than anything on Earth.” The U.S. Supreme Court had initially stayed Arthur’s execution on Thursday, then allowed it to proceed. Sotomayor expressed concern about use of the execution sedative midazolam in her dissent (PDF). “I continue to doubt whether midazolam is capable of rendering prisoners insensate to the excruciating pain of lethal injection and thus whether midazolam may be constitutionally used in lethal injection protocols,” she wrote.
“Here, the state has—with the blessing of the courts below—compounded the risks inherent in the use of midazolam by denying Arthur’s counsel access to a phone through which to seek legal relief if the execution fails to proceed as planned.” Sotomayor said there was no legitimate reason to bar Arthur’s counsel from possessing a phone during the execution. “The state’s refusal serves only to frustrate any effort by Arthur’s attorneys to petition the courts in the event of yet another botched execution,” she said.
Answer the following questions:
1. How old was the executed man? 2. When did the execution begin? 3. What were Arthur’s last words? 4. What execution drugs were used for the injection? 5. What Arthur’s lawyer was not allowed to do during the execution?
Текст 13.
Hyundai's Boss Gets Three Years
The chairman of Hyundai Motor Company, one of South Korea's biggest firms, has been sentenced to three years in jail for embezzlement and breach of trust. Chung Mong-koo, 68, was accused of amassing a multi-million dollar slush fund for personal use and to pay lobbyists and politicians. A spokesman for South Korea's top auto maker said the ruling was disappointing and that an appeal would be filed. The court allowed Chung to remain on bail while he fights the appeal.
Chung was accused of embezzling $110m from company affiliates. Some of the money was allegedly used to pay off politicians and government officials, and also help smooth the way for Chung's son to take control of the auto group.
"The court decided a strict execution of law is necessary to eradicate illegal and anti-market practices" presiding judge at the Seoul court, said. He said Chung's actions were "clearly criminal". Prosecutors - who had sought a six-year sentence - had argued during the trial that Chung's crimes were "grave". But Judge Kim said the lesser sentence was given taking into account Chung's "big contributions to the development of the country's economy" and also his involvement in charity. Chung looked grim as the verdict was read and later walked silently from the courtroom. The trial has been closely watched in South Korea, where it has been seen as a test of the court's commitment to tackle corporate corruption.
In the past the courts have treated similar cases with great leniency, but there has been growing pressure from the government and the public to impose stiffer penalties. The imprisonment could "have a grave impact on the industry as well as the national economy.
Answer the following questions:
1. Who is Chang Mong-koo?
2. What was his crime?
3. Why was he given lesser sentence?
4. What was the reaction of the society on Mong-koo case?
5. How much money did Mong-koo steal?
Текст 14. Government Refuses To Publish State Pension Age Report The UK Government has refused to publish a report on whether the rules about pensionable age are appropriate. Section 27(2) of the Pensions Act 2014 required them to publish it “before 7th May 2017.” Government lawyers acting on behalf of the Department for Work and Pensions said they won’t publish it, and that even if a Judge ordered them to publish it, they could simply publish a one word report that said, “yes” or “no”. Despite this, they won’t say “yes” or “no” now. A letter from the Government’s lawyers dated 26th May 2017 was written in response to a Judicial Review Letter Before Claim sent by Signature Litigation on behalf of Joanne Welch on 19th May 2017. Joanne Welch is a supporter of “Back to 60”, a campaign group that advocates reform of the rules on pensionable age. Joanne Welch commented: “The Government has completely ignored a High Court case which states that the fact that an election is due to be held on 8 June 2017 does not allow a minister to breach his statutory duty. The Government also refused to answer our questions about why the Department for Work and Pensions failed to issue a press release about its decision not to publish the report, or who took the decision and when it was taken. This is yet another example of the Government’s arrogant and unfair approach to pensions. If Mr Green thinks that a one word answer would be enough for his “report”, why doesn’t he publish it?” A link to the Crowd funding page for the Pensions Legal Challenge Fund can be found here. It is part of the #BackTo60 campaign, working to reverse the increased state pension age for women from 66 back to 60.
Answer the following questions: 1. When is the UK government required to publish the State pension age report? 2. What is the name of the campaign group Joanne Welch supports? 3. What is the state pension age for women in the UK now? 4. How is the state pension age for women in the UK supposed to be reserved?
Текст 15.
How to Deal With Prison Overcrowding
About 50 percent of the individuals sentenced to time in prison are there because of drug-related crimes. Most are not major players in the drug trafficking industry, but rather are users or are selling to make ends meet. These two groups in particular would likely benefit from entering alternative programs rather than entering the prison system. Graduates of drug treatment programs are 74 percent less likely to be involved in drug use and/or misconduct over a 14-month period when compared to a control group.
The United States has only 5 percent of the world’s population but supports over 25 percent of the world’s incarcerated, making it the largest jailer with over 2 million incarcerated. Statistics such as these often beg the question, why?
Why are there so many additional inmates in one of the world’s most developed countries? Are we raising our children to be criminals? Are we just a country that holds our moral baseline to a lower standard? Or, perhaps, are we over-sentencing the nation’s minor crimes in a way that is actually detracting from our economy?
The number of people being incarcerated in the United States has not always been so astronomically high. Before the Nixon administration began The War on Drugs in the mid-1970s and the Reagan administration greatly expanded it in the early 1980s, the number of people incarcerated for nonviolent drug related crimes hovered below 50,000.
Since that time, the number of prisoners serving time for these types of offences has skyrocketed. By the end of 2013, nearly 98,200 - 51 percent - of the people within the federal prison system were locked up on drug related charges. The vast majority of these crimes were minor first time offences.
Answer the following questions:
1. What is the percentage of the sentenced to time because of drug-related crimes?
2. What was the prison inmate population during the Reagan administration?
3. What happened to high-security prisons inmate population according to a study of GAO?
Текст 16.
Political issue in the United States
"Law and order" became a powerful conservative theme in the U.S. in the 1960s. The leading proponents in the late 1960s were Republicans Ronald Reagan (as governor of California) and Richard Nixon (as presidential candidate in 1968). They used it to dissolve a liberal consensus about crime that involved federal court decisions and a pushback against illegal drugs and violent gang activity. White ethnics in northern cities turned against the Democratic party, blaming it for being soft on crime and rioters.
The political demand for "law and order" was made by John Adams and Thomas Jefferson in the 1780s and 1790s. It was a political slogan in Kentucky around 1900 after the assassination of Governor William Goebel. The term was used by Barry Goldwater in his run for president in 1964.
Liberals, Flamm (2005) argues, were unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was sworn to do – protect personal security and private property. Conservatives rejected the liberal notions. "How long are we going to abdicate law and order," House GOP leader Gerald Ford demanded in 1966, "in favor of a soft social theory that the man who heaves a brick through your window or tosses a firebomb into your car is simply the misunderstood and underprivileged product of a broken home?"
Flamm (2005) documents how conservatives constructed a persuasive message that argued that the Civil Rights Movement had contributed to racial unrest and Johnson's Great Society had rewarded rather than punished the perpetrators of violence.
Answer the following questions:
1. When did "law and order" become a powerful conservative theme in the U.S.?
2. Why did white ethnics in northern cities turn against the Democratic party?
3. Why did lliberals ignore the crime crisis?
4. What did Gerald Ford demand in 1966?
Текст 17.
Duty of the Crown to maintain peace
Maintenance of the Queen's peace is one of the duties of the Crown, carried out via the Royal Prerogative. Though this power remains the Crown's, through convention it is exercised by the Queen-in-Council; that is, the executive, or, the sovereign acting on the advice of her ministers of the Crown.
The Crown can be held responsible should it fail in upholding its duty to maintain peace; this was the justification for the Riot Act and subsequent legislation throughout the British Empire. Where civil authorities had declared the Queen's peace as breached (i.e. there was a state of riot), there was a change in the rules: the authorities (whether police, army, or militia providing military aid to the civil power) could shoot and kill the leaders of the riot, and generally take severe action against anyone who was rioting. The counterbalance was that the Crown was responsible for damage caused by the riot, having failed in its duty to preserve the peace. Into the present day, the criminal offence of rioting can only be prosecuted as such with the consent of the Attorney-General (the Queen's legal officer). If disorder does occur but is not prosecuted as rioting, it is officially called a civil disturbance, as deeming it a riot transfers the liability of insurers for any damages or injury occurring from such an event to the local police, which, as they are officers of the Crown, makes the Crown liable to pay.
Officers of the Queen's peace have the right to detain a person who is creating a breach of the peace. This is not a criminal or civil offence; it exists as a legal oddity created by the Royal Prerogative. Persons so detained must be taken before a magistrate (a Justice of the Peace), who will bind them over to keep the peace, whereafter the person may not disturb the peace again for the appointed time, under threat of imprisonment.
Answer the following questions:
1. What is one of the duties of the Crown?
2. What was the Crown responsible for?
3. What is officially called a civil disturbance?
4. Whom do officers of the Queen's peace have the right to detain?
Текст 18.
Disorderly conduct
Disorderly conduct is a crime in most jurisdictions in the United States, China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no danger.
Disorderly conduct is typically classified as an infraction or misdemeanor in the United States. However, in certain circumstances (e.g., when committed in an airport, a park, a government office building, or near a funeral) it may be a felony in some US states.
U.S. courts confronted with cases stemming from disorderly conduct arrests have from time to time had occasion to restrict the broad and vague definitions of the statute to make certain that freedom of speech and assembly and other forms of protected expression under the First Amendment were not affected. Common law jurisdictions have accumulated precedents that refine interpretation of vague statutes. Courts have had occasion to curb its scope to make certain that people were (or could have been) aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process clause of the Fourteenth Amendment. However, no court has struck down a disorderly conduct statute as being per se unconstitutionally vague or overbroad. Courts have been willing to strike down vagrancy ordinances which are nearly as vague and do not give adequate warning.
Answer the following questions:
1. What is a disorderly conduct ?
2. What other types of unruly conduct may fit the definition of disorderly conduct?
3. How is disorderly conduct typically classified ?
4. What have common law jurisdictions accumulated?
Текст 19.
War on Drugs
War on Drugs is an American term usually applied to the U.S. federal government's campaign of prohibition of drugs, military aid, and military intervention, with the stated aim being to reduce the illegal drug trade. The initiative includes a set of drug policies that are intended to discourage the production, distribution, and consumption of psychoactive drugs that the participating governments and the UN have made illegal. The term was popularized by the media shortly after a press conference given on June 18, 1971, by President Richard Nixon—the day after publication of a special message from President Nixon to the Congress on Drug Abuse Prevention and Control—during which he declared drug abuse "public enemy number one". That message to the Congress included text about devoting more federal resources to the "prevention of new addicts, and the rehabilitation of those who are addicted", but that part did not receive the same public attention as the term "war on drugs". However, two years prior to this, Nixon had formally declared a "war on drugs" that would be directed toward eradication, interdiction, and incarceration. Today, the Drug Policy Alliance, which advocates for an end to the War on Drugs, estimates that the United States spends $51 billion annually on these initiatives.
On May 13, 2009, Gil Kerlikowske—the Director of the Office of National Drug Control Policy (ONDCP)—signaled that the Obama administration did not plan to significantly alter drug enforcement policy, but also that the administration would not use the term "War on Drugs", because Kerlikowske considers the term to be "counter-productive". ONDCP's view is that "drug addiction is a disease that can be successfully prevented and treated... making drugs more available will make it harder to keep our communities healthy and safe".
Answer the following questions:
1. Where is an American term War on Drugs usually applied?
2. Who popularized the term?
3. What President Richard Nixon’s message to the Congress include?
4. What is Gil Kerlikowske?
Текст 20.
War against drugs
The first U.S. law that restricted the distribution and use of certain drugs was the Harrison Narcotics Tax Act of 1914. The first local laws came as early as 1860. In 1919, the United States passed the 18th Amendment, prohibiting the sale, manufacture, and transportation of alcohol, with exceptions for religious and medical use. In 1920, the United States passed the National Prohibition Act (Volstead Act), enacted to carry out the provisions in law of the 18th Amendment.
The Federal Bureau of Narcotics was established in the United States Department of the Treasury by an act of June 14, 1930 (46 Stat. 585). In 1933, the federal prohibition for alcohol was repealed by passage of the 21st Amendment. In 1935, President Franklin D. Roosevelt publicly supported the adoption of the Uniform State Narcotic Drug Act. The New York Times used the headline "Roosevelt Asks Narcotic War Aid".
In 1937, the Marihuana Tax Act of 1937 was passed. Several scholars have claimed that the goal was to destroy the hemp industry, largely as an effort of businessmen Andrew Mellon, Randolph Hearst, and the Du Pont family. These scholars argue that with the invention of the decorticator, hemp became a very cheap substitute for the paper pulp that was used in the newspaper industry. These scholars believe that Hearst felt that this was a threat to his extensive timber holdings. Mellon, United States Secretary of the Treasury and the wealthiest man in America, had invested heavily in the DuPont's new synthetic fiber, nylon, and considered its success to depend on its replacement of the traditional resource, hemp. However, there were circumstances that contradict these claims. To produce fiber from hemp was a labor-intensive process if you include harvest, transport and processing. Technological developments decreased the labor with hemp but not sufficient to eliminate this disadvantage.
Answer the following questions:
1. What was the first U.S. law that restricted the distribution and use of certain drugs?
2. When was the National Prohibition Act (Volstead Act) passed?
3. What was the goal of the Marihuana Tax Act of 1937?
4. What is Andrew Mellon?
Задание: перевести предложения по юридической тематике с русского языка на английский
Translate the sentences from Russian into English
1. Подсудимый был оправдан благодаря показаниям свидетелей.
2. Конституционный суд России вынес постановление о неконституционности данного решения суда первой инстанции.
3. Нелегальные иммигранты были депортированы из Москвы.
4. Преступнику грозило пожизненное заключение за совершенное преступление.
5. Вынесение приговора ожидается через неделю.
6. Совершение преступления в пьяном виде (under intoxication) не является обстоятельством, освобождающим от ответственности при рассмотрении дела в суде.
7. Подозреваемый предстал перед судом по обвинению в убийстве.
8. Возраст или немощность не являются смягчающими обстоятельствами (mitigating circumstances) для нацистских преступников.
9. Подсудимый был оправдан из-за отсутствия состава преступления (elements of crime).
10. Сестры были переданы на воспитание родственникам.
11. В уголовном прошлом преступника было и изнасилование, и ограбление, и вождение в пьяном виде.
12. Мать девочки подала иск против метрополитена, где девочка получила травму, и потребовала возмещения морального и материального ущерба.
13. Свидетель вправе давать показания на родном языке, если он не владеет или недостаточно хорошо владеет русским языком.
14. У дома по Вокзальной улице в Одинцове грабители отобрали у 61-летней сотрудницы журнала «Советская торговля» сумочку с документами, мобильным телефоном и деньгами.
15. Приговор Михаилу Ходорковскому занял 800 страниц текста с доказательствами и показаниями свидетелей.
16. Свидетель вправе давать показания на родном языке, если он не владеет или недостаточно хорошо владеет русским языком.
17. У дома по Вокзальной улице в Одинцове грабители отобрали у 61-летней сотрудницы журнала «Советская торговля» сумочку с документами, мобильным телефоном и деньгами.
18. Приговор Михаилу Ходорковскому занял 800 страниц текста с доказательствами и показаниями свидетелей.
19. В мае 2015 его обвинили в неуплате налогов и приговорили к 9 годам лишения свободы.
20. Судебное дело о привлечении к уголовной ответственности за совершение преступления возбуждает прокурор.
21. В федеральную систему судов США входят Верховный суд США, апелляционные и окружные суды, а также специальные суды.
22. Ожидается, что апелляция будет подана защитой.
23. Стороны произвели расчеты по контракту.
24. Зачет требований был сделан по решению арбитражного суда.
25. Третья ветвь федерального правительства, судебная власть, состоит из системы судов, охватывающих всю территорию страны.
26. В США выборы главы государства проводятся раз в четыре года. В Германии, Греции, Франции, Венгрии президент избирается раз в пять лет.
27. Применение уголовного закона невозможно без уяснения его смысла, т. е. толкования.
28. Косвенное (непрямое) голосование означает, что избиратель голосует за своих представителей, а уже те будут голосовать от их имени.
29. Непривычным для российского слуха словом «омбудсмен» на Западе называют людей, защищающих права человека.
30. Ядерные взрывы нанесли большой ущерб почве в Семипалатинске.
31. Вердикт жюри присяжных был единогласным.
32. Месторождения нефти были куплены за 65 миллионов долларов США.
33. Товар был снят с рынка по причинам защиты окружающей среды.
34. Имущество должника было выставлено на продажу.
35. Акционеры имеют право голосовать за избрание и смещение членов совета директоров, за дополнения к уставу.
36. Система кумулятивного голосования позволяет отдать голоса либо за одного кандидата в директора, либо за всех кандидатов поровну.
37. Проблемами прав и свобод человека, обеспечением правопорядка и законности, охраной интересов организаций и предприятий, борьбой с различными правонарушениями и преступностью занимаются все государственные, муниципальные органы, многие общественные организации.
38. Правоохранительными называют органы, которые осуществляют необходимую деятельность, обладая соответствующей компетенцией, а также нужными для этого материальными ресурсами.
39. Таможенные органы являются частью правоохранительных органов, осуществляющих защиту экономического суверенитета и экономической безопасности государства.
40. Уголовная ответственность – это основное понятие уголовного права. Уголовная ответственность является главной формой применения уголовного закона.