ИНОСТРАННЫЙ ЯЗЫК В СФЕРЕ ЮРИСПРУДЕНЦИИ
Выберете правильный вариант ответа:
1. I know how to use ____ computer.
1) a
2) these
3) an
2. Go down ____ Kingston Street and turn right into Mill Road.
1) the
2) a
3) --
3. We'll go for a walk if ____sun comes out.
1) a
2) --
3) the
4. I spent _____very interesting holiday in England.
1) these
2) a
3) --
5. ____ President is the largest cruise ship in the world.
1) Some
2) The
3) a
6. That was the _____ movie I've ever seen.
1) worst
2) bad
3)worse
7. You live even _____ from the centre than I do.
1) further
2) furthest
3) more far
8. The people who arrived _____ got the best seats.
1) more earlier
2) the earliest
3) much early
9. I feel______today than I did last week.
1) much better
2) more good
3) more better
10. _____ different they become. Sometimes people don't even know they are twins.
1) The bigger they get, the less
2) The bigger they get, the more
3) They get bigger and less
11. Jane was the only person _____ advice I asked for.
1) whose
2) whom
3) which
12. The train we caught was one _____ stops at every station.
1) what
2) who
3) that
13. Those are the people _____ dog chases our cat.
1) whom
2) their
3) whose
14. Pauline asked me a question to _____ I had no reply.
1) what
2) which
3) that
15. I don't really approve of _____ he is proposing.
1) what
2) which
3) that what
16. _____at everyone who got off the plane.
1) Suspiciously he looked
2) He suspiciously looked
3) He looked suspiciously
17. The legislation ______by this department is very important.
1) prepare
2) preparing
3) prepared
18. There are some state institutions _______the life of the society.
1) regulate
2) regulating
3) regulated
19. Look! The police ____ the workers.
1) attack
2) are attacking
3) were attacked
20. Where is Steve? He _______for the new trial in the next room.
1) prepares
2) is preparing
3) is prepared
21. Pete _____his work two hours ago.
1) finished
2) has finished
3) do finished
22. Mary didn't succeed in _____ things easily.
1) taking
2) having taken
3) taken
23. What did you expect _____?
1) happened
2) happening
3) to happen
24. I just ________ to the dean about it.
1) spoke
2) have spoken
3) had spoken
25. Would you mind _____ my case there?
1) putting
2) being put
3) to putting
26. We must do something. We can't go on _____ the same things.
1) doing
2) to do
3) do
27. We _____ to school, but now we get the bus.
1) used to walk
2) walked to use
3) is used to walk
28. What _____ at night before TV was invented?
1) were they used to do
2) did they use to do
3) did they do to use
29. As there was no bread at home I _________ go to the shop.
1) could
2) had to
3) was to
30. As we hadn't enough time we _________ take a taxi.
1) could
2) had to
3) was to
31. The meeting ________ be held at 5.
1) could
2) had to
3) was to
32. I _____ swimming a lot but I don't swim now.
1) use to go
2) got used to swimming
3) used to go
33. When you lived in London, _____ by bus?
1) were you travelling
2) did you use to travel
3) did you travel to use
34. I _____ very keen on sport in those days.
1) was never used to be
2) didn't use
3) didn't use to be
35. We ____this case yesterday.
1) discussed
2) have discussed
3) were discussed
36. Mike was the_____ to enter the room.
1) two
2) second
3) twelve
37. The fair was to take place on the _____of July.
1) thirst
2) third
3) three
38. For how long will you stay in Boston? – For _____days.
1) fifteenth
2) fifth
3) five
39. Jeremy won only the ______ Prize and was quite upset.
1) first
2) third
3) two
40. You are the_________ girl to be admitted to our club! – said Jackson.
1) first
2) one
3) no
41. They didn’t write___ at the lesson.
1) something
2) anything
3) nothing
42. "Who told you Maria was getting married?" "Maria ______told me."
1) herself
2) yourself
3) sheself
43. ______people he worked with are very friendly.
1) some of
2) some of the
3) any of
44. She didn't tell ___ about her plans.
1) nobody
2) anybody
3) no
45.. ______goods you sell_______profit you'll make.
1) many, much
2) the more, the more
3) more, more
46. There are many good hotels in the town. You can stay at ______of them.
1) any
2) some
3) all
47. Over 75 countries in______world use______English as______official language.
1) the, ____, the
2) the, the, a
3) the, ___, ___
48. They expected the meeting______in a conference hall.
1) to hold
2) to be holding
3) to be held
49. The firms are not interested______people over fifty.
1) in employing
2) employ
3) employing
50 When he entered the office he watched the secretary ______on the phone.
1) talking
2) talk
3) to talk
51. 17759
1) seventeen thousand seven hundred fifties nine
2) seventeens thousand seventy hundred fifty-nine
3) seventeen thousand seven hundred and fifty-nine
52. The 92-nd
1) The ninetieth-second
2) The ninety-second
3) The ninety and second
53. His car is______than his friend's.
a) as expensive
b) most expensive
c) less expensive
54. At least __________of the novel is about the life of people in the 19th century.
1) two third
2) two-three
3) two thirds
55.It happened in the year _______.
1) two thousand and two
2) two thousand and second
3) two thousands and two
56.My daughter is still a teenager. She is only _______.
1) fifty
2) fifteen
3) fiveteen
57. They tried to study but they just couldn't concentrate________
1) them
2) themselves
3) theirs
58. Не failed the exams only______times.
1) little
2) few
3) a few
59. The concert hall was almost empty. There were very ______people there.
1) few
2) little
3) many
60. Our house is similar to______.
1) them
2) theirs
3) their
61. We didn't have any money but Nick had______.
1) little
2) a little
3) a few
62. _________are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so.
1) monetary compensation
2) unintentional torts
3) intentional torts
63. A person who suffers a tortious injury is entitled to receive "damages", usually______, from the person or people responsible — or liable — for those injuries.
1) no compensation
2) monetary compensation
3) meal compensation
64. One who commits a tortious act is called a ____________.
1) tortfeasor
2) judge
3) torture
65. In the ________ the monarch serves as a ceremonial figurehead symbol of national unity and state continuity.
1) constitutional monarchy
2) absolute monarchy
3) parliamentary system
66. _______law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm. A _______ is not necessarily an illegal act but causes harm and therefore the law allows anyone who is harmed to recover their loss.
1) civil
2) torture
3) tort
67. Generally, crimes must include an intentional act, and "_______" is an element that must be proved in order to find a crime occurred.
1) intent
2) desire
3) will
68. _________can be classified, as is habitual in civil law systems, as part of a general law of obligations, along with tort, unjust enrichment, and restitution.
1) elective monarchy
2) contract law
3) parliament
69. The rules by which many contracts are governed are provided in specialized _______that deal with particular subjects.
1) minutes
2) memorandum
3) statutes
70. _________is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.
1) contract law
2) civil law
3) property law
71. A ________is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset.
1) legislature
2) lease
3) less
72. In some________, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty.
1) jurisdictions
2) monarchies
3) trial systems
73. ___________ is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual.
1) jurisdiction
2) inheritance
3) lease
74. Actus reus is Latin for "_________" and is the physical element of committing a crime.
1) guilty act
2) massacre
3) speculation
75.. Legislation is regarded as one of the ________ main functions of the government.
1) one
2) two
3) three
76. Many states have inheritance taxes or death duties, under which a portion of any estate goes to the_____________.
1) criminals
2) government
3) nowhere
77. Under the Russian constitution, the Russian judiciary has judicial appeal and judicial review at the level of the _________.
1) Supreme Court
2) Parliament
3) State Duma
78. Under the constitution of the Russian Federation, ________of the three highest courts serve for life and are appointed by the Federation Council after nomination by the president.
1) judges
2) chairmen
3) jury
79. The __________ (also known as the judicial system) is the system of courts that interprets and applies the law in the name of the state. The ________ also provides a mechanism for the resolution of disputes.
1) Supreme Court
2) judiciary
3) State Duma
80. Legislation is that source of law which consist in the declaration of legal rules by a competent authority. Legislature is the ________ source of law.
1) indirect
2) direct
3) second
81. Organized crime often _____ businesses through the use of extortion or theft and fraud activities like hijacking cargo trucks, robbing goods etc.
1) victimize
2) help
3) determine
82. Publicly traded companies are able to raise __________ and capital through the sale of its securities.
1) debts
2) assets
3) funds
4) liabilities
83. A _____________or close corporation is a business company owned either by nongovernmental organizations or by a small number of shareholders which does not offer its company stock on the stock market.
1) public company
2) privately held company
3) partnership
4) business
84. _________is a rule which in a particular family or in a particular district or in a particular section, class or tribe, has from long usage obtained the force of law.
1) customs
2) cruise
3) contribution
85 When there is no legislature on a particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called_________.
1) terrorism
2) civil law
3) precedents
86. ______ means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity.
1) jurisdiction
2) sources of law
3) legislature
87. A _________is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members.
1) corporation
2) partnership
3) stock exchange
4) security service
88. ____ courts are based upon the judicial system in France, while the _______ courts are based on the judicial system in England.
1) common law, civil law
2) civil law, common law
3) jury, trial
89. A _____ is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.
1) jail
2) jury
3) court
90. Many law enforcement agencies are _______ agencies that have a broad range powers and responsibilities.
1) criminal
2) private detective
3) police
91. The government institution that settles legal disputes and administers justice is a _____.
1) law
2) court
3) legislature
92. 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
3) legislature
93. All courts are presided over by ______.
1) presidents
2) jury
3) judges
94. The trial when the case is heard by a judge alone is called a _____.
1) bench trial
2) civil court
3) testimony
95. The English equivalent for « право» is ______.
1) law
2) legal
3) illegal
96. «To administer justice» is translated as _______.
1) отправлять правосудие
2) проявлять халатность
3) нарушать закон
97. Crime is ______.
1) a room, where trial is held
2) misconduct, forbidden by law
3) a person, who breaks law
98. A synonym to «criminal» is ______.
1) law-breaking
2) culprit
3) defender
99. An antonym to «guilt» is _____.
1) innocent
2) innocence
3) not innocent
100. A synonym to «an accused» is ______.
1) witness
2) attorney
3) criminal
101. The party who initiates a lawsuit is a _________.
1) claimant
2) clerk
3) claim
102. A formal statement, as made by a witness in a court of law is a ______.
1) evidence
2) order
3) testimony
103. Things found on the crime scene, used in crime investigation and on the trial to prove the guilt or innocence of an accused is called ______.
1) witnesses
2) evidence
3) testimonies
104. The word «prosecutor» is translated as _______.
1) истец, заявитель
2) ответчик, обвиняемый, подсудимый
3) обвинитель
105. Punishment is a ______.
1) defendant
2) penalty
3) prison
106. Bail is _____.
1) a sentence
2) money, paid so that the defendant can leave prison till trial
3) verdict
107. A person accused of a crime is a _____.
1) juror in a court who decides if the accused is guilty or not of crime committing
2) man whom is the court presided by
3) man who is suspected of crime committing and whose guilt or innocence should be proved during the court trial
108. Law-breaker is a ____.
1) person, who does something illegal
2) a person, obeying laws
3) set of rules, people must follow
109. A building for imprisoning persons convicted of a crime is _____.
1) a prison
2) a court room
3) an office
110. A lawyer who tries to prove that the accused is guilty of a crime in a court of law is a _________.
1) witness
2) prosecutor
3) defender
111. A group of ordinary people who decide in a court if the accused is guilty or not of crime committing is _____.
1) jury
2) defendant
3) accused
112. Usually jury consists of ________ ordinary people.
1) twenty
2) eleven
3) twelve
113. The panel, which consists of 16 to 23 citizens, whom the cases of murder, kidnapping, or other felonies may be presented is called_____.
1) grand jury
2) bench trial
3) supreme court
114. A law professional who tries to show that the defendant is innocent and not guilty of a crime is a ________.
1) defender.
2) prosecutor
3) jury
115. An antonym to the word «law breaker» is _______
1) offender
2) wrongdoer
3) law-abiding citizen
116. If the defendant is found not guilty, he or she is _________.
1) released
2) released on bail
3) placed on probation
117. If the defendant is found guilty, he is _______.
1) punished
2) released on bail
3) paroled
118. A court official who makes recordings of everything what is said and shown during the trial is a _____.
1) defender
2) clerk
3) bailiff
119. The sentence can be determined by ______.
1) prosecutor
2) judge
3) defender
120. The goals of punishment are______.
1) to prevent the person from hunting others
2) to deter or discourage crime
3) to promote crime
Задание: прочитать текст на юридическую тематику и передать основную мысль на английском языке в пяти предложениях
Read and translate the text. Give the main idea of the text in five sentences.
CARD 1
Tort Law
A tort is a civil wrong that can be remedied by awarding damages. These civil wrongs result in harm to a person or property that forms the basis of a claim by the injured party. The harm can be physical, emotional or financial. Examples of torts include medical negligence, negligent damage to private property and negligent misstatements causing financial loss.
There are many specific torts, such as trespass, assault and negligence. Business torts include fraudulent misrepresentation, interference in contractual relations and unfair business practices.
Torts fall into three general categories: intentional torts (e.g. unfair competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability torts (e.g. liability for making and selling defective products).
Why some wrongs are dealt with by tort law and others considered criminal offences is the subject of some debate. However, there are certainly overlaps between tort law and criminal law. For example, a defendant can be liable to compensate for assault and battery in tort and also be punished for the criminal law offence of assault.
Differences between tort law and criminal law include: the parties involved (the state brings an action in crime, a private individual brings an action in tort); the standard of proof (higher in criminal law); and the outcomes (a criminal action may result in a conviction and punishment, whereas an action in tort may result in liability on the part of the defendant and damages awarded to the claimant).
The primary aims of tort law are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms. The injured person may sue for both an injunction to stop the tortious conduct and for monetary damages. Depending on the jurisdiction, the damages awarded will be either compensatory or punitive. Compensatory damages are intended, as far as it is possible, to put the victim in the position he or she would have been in had the tort not occurred. Punitive damages are awarded to punish a wrongdoer. As well as compensation for damage to property, damages may also be
awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable medical expenses. (364)
CARD 2
Administrative Law as State Law
Historically, administrative law has sprung from national states. Public administrations belong to a national community, and they depend structurally on national, or state, governments. Because of the principle of legality, these administrations are subjected to laws and regulated by them. Administrative law is thus fundamentally state law.
History thus suggests the impossibility of international administrative law, because public administrations are exclusively national phenomena. And history suggests the impossibility of global governance of national administrative laws, because only within the state can there be an administration that enjoys a monopoly of executive power, and only within the state can there be the authority versus liberty dialectic that characterizes administrative law. A global system governing national administrative law cannot exist, in short, because administrative governance finds its source exclusively in national law. As Otto Mayer, one of the founders of German administrative law, observed, the national public power is the lord in its own domain, to the exclusion of all others; therefore, the action of a foreign power on the territory of a foreign state can be considered valid only in exceptional situations. If international obligations exist, they must pass through the filters of national law, which transform them into national rules.
Two developments have called this traditional perspective into question. The first is the rise of an international administrative law tied to global administrations rather than to the state. The second is the rise of global rules declared by treaties or international organizations, but addressed to states and private actors. These international norms penetrate domestic legal systems, thus having an effect on national administrative laws.
These two developments are distinct, but related. The first are the global limits placed on national administrations by international bodies, which operate according to a non-state law (and also, in part, according to treaties). Of particular interest is the second development, which represents an intrusion of global rules on national administrations. It is important to understand how the interference of the global with the national occurs, whether it corresponds to the practices of other international legal systems, and whether international regulatory forms resemble national ones. (349)
CARD 3
The Court Martial
The Court Martial deals with the criminal trials of Servicemen and women in the Royal Navy, the Army and the Royal Air Force for serious offences or cases where the defendant chooses not to be dealt with by his or her Commanding Officer. The Court Martial is an independent standing court which is part of a separate jurisdiction called the Service Justice System which
broadly mirrors the civilian justice system, although it has a UK wide jurisdiction and can sit anywhere in the world where our armed forces are present.
Every Court Martial trial has an independent civilian judge on the bench, known as the Judge Advocate, who presides over the conduct of the proceedings and rules on all legal matters arising, in the same way as in a civilian Crown Court trial. Where the jurisdiction differs is in the use of a Board made up of Officers and Warrant Officers who are selected at random and replace the jury in the Crown Court to decide guilt. In order the address the need for the operational effectiveness of our armed forces they also sit with the judge to assist in sentencing and a slightly different range of sentencing options are available. Judge Advocates also preside over the Summary Appeal Court (which hears appeals from summary cases dealt with by Commanding
Officers) and the Service Civilian court (which deals with summary offences committed by civilians subject to service discipline). Appeals go to the court Martial Appeal Court which is staffed by Court of Appeal judges in the same way as civilian criminal appeals. The senior Judge Advocate is the Judge Advocate General (JAG). He is not a General of the Army – the word ‘General’ here signifies broad oversight. In the UK, the JAG is the presiding judge of the Service Justice system and has a leadership role in relation to the judges and court officials. The JAG has a number of statutory responsibilities including specifying a judge advocate for each trial and maintaining the records of court proceedings as well as issuing sentencing guidance and practice memoranda. (346)
CARD 4
Other parts of the justice system (1)
The justice system is made up of a number of organisations in addition to the judiciary. Amongst the most important are: The Ministry of Justice, which is one of the largest government departments. It works to protect the public and reduce reoffending, and to provide a more effective, transparent and responsive criminal justice system for victims and the public. The Ministry has responsibility for making new laws, strengthening democracy, and safeguarding human rights. The Ministry holds responsibility for 500 courts and tribunals and 133 prisons as well as probation services and attendance centres. The Ministry was created in May 2007; for the first time responsibility in one department for criminal justice, prisons, and penal policy was combined with management of the courts service and legal aid. The Ministry also took over the work of two previous government departments, the Department for Constitutional Affairs and the Lord Chancellor’s Department.
The Crown Prosecution Service (CPS) is the government department responsible for prosecuting criminal cases investigated by the Police in England and Wales, and is headed by the Director of Public Prosecutions. It was created in 1986, and its role includes:
• Advising the police on cases for possible prosecution;
• Reviewing cases submitted by the police;
• Determining any charges in more serious or complex cases;
• Preparing cases for court, and presenting cases at court.
Criminal cases come to court after a decision has been made by the Crown Prosecution Service, to prosecute someone for a crime. Crown Prosecutors must decide whether a case passes the two tests laid down in the Code for Crown Prosecutors: is there enough evidence against the defendant for them to be convicted of the crime in a court of law? And if the prosecutor decides that there is a realistic prospect of conviction, is it in the public interest to prosecute the defendant? The Crown Prosecution Service also has a multiagency Witness Care Unit, whose job is to reduce ineffective trials, improve public confidence in the Criminal Justice System, increase victim and witness satisfaction, and bring more offences to justice by providing an enhanced level of information to victims and witnesses. (352)
CARD 5
Types of crimes
It is possible to divide crimes into various categories.
A legal division can be made in which some crimes are labeled as felonies (those punishable by death or more than a year of incarceration) and others as misdemeanors (for which a lesser sanction is imposed).
Criminologists have developed another scheme that categorizes crimes according to the nature of the behavior and the type of person most likely to commit specific offenses. This scheme distinguishes five categories of crime: occupational, organized, visible, crimes without victims, and political. Each type has its own level of risk and profitability, each arouses varying degrees of public disapproval, and each has its own group of offenders with differing cultural characteristics. Occupational crime is the violation of the law committed through opportunities created in the course of a legal business or profession. They include three categories:
1. Crimes for the benefit of employing organization, such as price-fixing, theft of trade secrets, and falsifications of product tests.
2. Crimes through the exercise of state-based authority in which the offender has the legal authority to enforce laws or to command others, such as bribery, corruption, falsifying documents.
3. Crimes committed by professionals in their capacity as professionals. Physicians, lawyers, and stockbrokers might violate their professional oaths or take advantage of patients by\, for instance, sexually exploiting a patient, or using confidential information for personal gain. Visible crimes, often referred to as «street crimes» or «ordinary crimes» are committed primarily by the lower classes. For offenders, these crimes are the least profitable and, because they are visible, the least protected violations. Included are crimes of violence, such as homicide, rape, and assault, as well as crimes against property, such as theft, larceny, and burglary. Political crime includes activities, such as treason, sedition (rebellion), and espionage, that
are viewed as threats to the government.
Crimes without victims can be defined as offenses involving a willing and private exchange of goods or services that are in high demand but are illegal. These are offenses against morality, such as prostitution, gambling, obscenity, and drug use and sales. These crimes are victimless, since the participants do not feel that they are being harmed. (360)
CARD 6
Crimes classification
An interesting way of looking at crime is suggested by former Attorney General Ramsey Clark in Crime in America. He believes that crime has many «faces» and may perhaps be best understood by using the following categories:
White-collar crime converts billions of dollars annually in tax evasion, price fixing, embezzlement, swindling and consumer fraud.
Organized crime reaps hundreds of millions in gambling, loansharking, drug traffic, extortion and prostitution, corrupting officials and resorting to force, including murder when necessary, to accomplish its purposes.
Crime in the streets, as we have come to call it, encompassing a wide variety of crimes against people and against property — robbery, mugging, burglary, larceny, theft and looting - produces millions of hard earned dollars for its perpetrators.
Crime of passion, emotion overwhelming reason, includes most murders, rapes and assaults. Conduct once deemed immoral and made criminal — gambling, prostitution, alcohol and drug abuse, profanity, abortion, homosexuality, fornication and obscenity — is a pervasive face of crime accounting for hundreds of thousands of arrests annually.
Violations of regulations designed to protect the public health, safety and convenience — traffic control, building codes, fire ordinances, minimum standards of quality, mandatory safety precautions, misrepresentation — involve highly antisocial conduct in mass society causing hundreds of thousands of deaths each year.
Revolutionary crime and illegal conduct intended to alter institutions impose rioting, mob violence, unlawful confrontation, arson and trespass on a weary society. Terrorist actions — sniping, bombing and ambushing — common in parts of the world, are an ever-increasing risk in America.
Corruption in public office — bribes, payoffs, fixes, conflicts of interest — occurs in every branch of government, legislative, executive, judicial, administrative, and at every level, federal, state and local.
Police crime — wrongful arrest, brutality and blackmail. (280)
CARD 7
Criminal court proceedings
The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent's by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty.
A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. Arraignment
An arraignment is the formal presentation of charges in open court. This proceeding may be called a preliminary hearing. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case,
If a defendant is charged with a crime punishable by six or more months of imprisonment, he has the right to a public trial by jury. Both the defendant and the prosecution have the right to challenge potential jurors for cause, meaning that they are unable to be objective in hearing testimony and deciding the case.
Judges consider the degree of harm and hardship imposed on victims and their families. Mitigating factors, or reasons explaining the crime in the light of a defendant's past or present circumstances weigh against aggravating factors such as prior criminal record Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence.
Defendants are either found guilty or not guilty by a jury or judge. Defendants may not be charged twice for the same offense. Defendants who are found guilty or convicted face sentencing, where punishments are rendered by the judge who tried the case. Judges set a date for sentencing. If, at the end of the trial, the court's verdict is not guilty, then the defendant is acquitted.
Appeal A defendant who is found guilty of some or all charges is entitled to an appeal to at least one level of appellate court. (364)
CARD 8
The forms of state punishment in Great Britain
The Government believes that custody should be a sanction of last resort used only when the seriousness of the offence means that there is a positive justification for a custodial sentence, or where the public needs to be protected from a dangerous offender. As there is a mandatory sentence of life imprisonment for murder in Britain, this is also the maximum penalty for a number of serious offences such as robbery, rape, arson and manslaughter.
The death penalty has been repealed for almost all offences. It remains on the statute book for the offences of treason, piracy with violence and some other offences. It has, however, not been used for any of these offences since 1946.
The purpose of probation is to protect society by the rehabilitation of the offender, who continues to live a normal life in the community while subject to the supervision of a probation officer. Probation may last from six months to three years. Before placing an offender on probation, the court must explain the requirements of the order. The offender is to understand that a failure to comply with them will make him liable to a penalty or to be dealt with for the original offence. There are additional requirements concerning place of residence, attendance at day centers or treatment for mental illness. The probation service in England and Wales also administers supervision orders, the community service scheme and parole.
Offenders aged 16 or over (17 in Northern Ireland) convicted of imprisonable offences may be given community service orders. The court may order between 40 and 240 hours’ unpaid service. In England, Wales and Northern Ireland a court is free to pass a suspended sentence of not more than two years.
The most common sentence is a fine, which is imposed in more than 80 per cent of cases. In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There are maximum sentences for other crimes. Sentences can be reduced for good behavior, often by one-third or more. «Life sentences»» are rarely more than 14 years, and it would be possible to release prisoners after 7 years. (359)
CARD 9
The Judicial Branch of the Government
The judicial branch of the federal government is headed by the U.S. Supreme Court, which interprets the meaning of the Constitution and of federal laws. It consists of nine justices appointed for life by the president with the consent of the Senate.
It has appellate jurisdiction for the lower federal courts and from state courts of last resort if a federal question is involved. The court has original jurisdiction over cases involving foreign ambassadors, ministers, consuls and cases to which a state is a party.
Three types of cases commonly reach the Supreme Court: cases involving litigants of different states, cases involving the interpretation of federal law and cases involving the interpretation of the Constitution. The court can take official action with as few as six judges joining in deliberation, and a majority vote of the entire court is decisive; a tie vote sustains a lower-court decision. Often the minority judges write a dissenting report.
The Supreme Court has often been criticized for its decisions. In the 1930s, for example, a conservative court overturned much of President Franklin D. Roosevelt's New Deal legislation. In the area of civil rights it has received criticism from various groups at different times. After a 1954 ruling against school segregation, Southern political leaders attacked it harshly. Later, they were joined by Northern conservatives. A number of decisions involving the pre-trial rights of prisoners also came under attack on the ground that the court had made it difficult to convict criminals.
Below the Supreme Court are the U.S. courts of appeals. Special courts handle property and contract damage suits against the United States, review customs rulings, and apply the Uniform Code of Military Justice.
Each state has at least one federal district court and at least one federal judge. District judges are appointed for life by the president with Senate consent. Appeals from district-court decisions are carried to the courts of appeals. (317)
CARD 10
Criminal Law
Criminal law is categorized as a part of public law - the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state.
In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, for each crime there are precise elements which must
be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as - common law crimes", are still described mostly in case law. Even where there is a precise statute, the case law interpreting the statute may be very important since the circumstances of each crime may be very different.
For example, the crime of theft is defined in England under the 1968 Theft act as: "dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it".
There are further definitions of each element of the definition, such as appropriating, which may mean taking away, destroying, treating as your own, and selling. The same Act also defines in detail crimes such as burglary (entering someone’s land without permission intending to steal or commit an act of violence) and robbery (using force or threats in order to steal from someone).
Although the Theft Act was intended to cover many possible circumstances, it is still often necessary for the courts to refer to case law in order to apply the Act to a new case. (304)
CARD 11
Criminal Law in England
In English law there is a rather long common law definition of murder. The unlawful killing of a human being under the Queen's Peace, with malice aforethought, so that the victim dies within a year and a day. Malice aforethought refers to the mens rea of the crime and is a way of saying that the murderer intended to commit a crime. Of course, the court can never know exactly what was in the head of the killer at the time of the killing, so it has the difficult task of deciding what his intentions must have been. The judgements in many recent cases show that English law is constantly developing its definition of intent.
Although most criminal laws in the world refer to acts of violence or theft, there are laws regulating almost every kind of human behavior: for example, what we do with our land; what we say and write; how we run our businesses; even what we wear. Sometimes governments "create new crimes" by identifying a form of behavior and passing a new law to deal with it. In most industrialized countries existing theft laws were not adequate to deal with computer crimes where complex kinds of information are stolen, altered or used to deceive others and thus, new laws have been passed. Technical change is one reason why the criminal law is one of the fastest growing areas of the law. Another reason is that the number of crimes committed in some countries seem to be increasing rapidly - although sometimes it is not clear whether people are breaking the law more, being caught more, or reporting other people's crimes more. One more reason is that different societies, or perhaps it is different governments, continually review their ideas of what should and shouldn’t be a considered crime. (301)
CARD 12
Justice and Law in the United Kingdom of Great Britain and Northern Ireland England and Wales, and Northern Ireland, have similar systems of law but the Scottish system is somewhat different. In general, however, the law has no complete code. Its sources include parliamentary legislation, European Community law and much ― commonǁ law from courts’ decisions and elsewhere. Criminal law is concerned with wrongs against the community as a whole, civil law with the rights and duties of individuals among themselves. Keeping the peace and bringing offenders to trial are primarily the concern of the police whose action depends on common consent since the number of officers is small in relation to the population (roughly one to every 400 people). The police are not normally armed and their powers are carefully limited.
The police service consists of independent local forces, usually linked with local government, and each responsible for its own area.
Most prosecutions are initiated by the police, but in Scotland the police make the preliminary investigations and a public prosecutor decides whether or not to prosecute. As soon as anyone is arrested he or she must be charged and brought to court with the minimum of delay. Unless the case is serious, the arrested person is usually granted bail if he or she cannot quickly be
brought to court.
Compensation may be paid to victims of violent crime and people hurt while trying to prevent offences.
Judges are independent and non-political and, except for lay magistrates who try less serious criminal cases, are appointed from practicing barristers, advocates or solicitors.
Criminal trials take place in open court although there are some restrictions, such as those to protect children. The more serious cases take place before a jury of ordinary, independent citizens who decide on guilt or innocence. People accused of crimes are presumed innocent until proved guilty, and every possible step is taken to deny the prosecution any advantage over the defence.
Cases involving children are heard in special juvenile courts, or, in Scotland, at informal children's hearings.
Other than in cases of murder, for which the sentence is life imprisonment, courts can choose the penalty most appropriate for a particular offender. (351)
CARD 13
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. (367)
CARD 14
Types of Punishment
There are several kinds of punishment available to the courts. Crimes are punished according to their seriousness. More serious crimes are given harsher penalties. In declaring a sentence, a judge may take into account the following: prior criminal record, the age of the offender and other circumstances surrounding the crime, including cooperation with law enforcement officers, the amount of loss to victims, whether a weapon was used in the crime, the age or helplessness of the victims. Punishment may include:
–a fine
–term of imprisonment (time in jail or prison)
–probation or parole
–community service
For criminal offences FINES are often used when the offence is not a very serious one and when the offender has not been in trouble before.
For more serious crimes the usual punishment is IMPRISONMENT. The length of sentences varies from a few days to a lifetime. However, a life sentence may allow the prisoner to be released after a suitably long period if a parole board agrees that his detention no longer serves a purpose. In some countries, such as the Netherlands, living conditions in prison are fairly good because it is believed that deprivation of liberty is punishment in itself and should not be so harsh that it reduces the possibility of the criminal re-educating and reforming himself. In other countries, conditions are very bad. Perhaps because of an increase in crime or because of more and longer sentences of imprisonment, some prison cells have to accommodate far more people than they were built to hold. Britain and the United States are trying to solve the shortage of space by allowing private companies to open prisons.
Probation is the suspension of jail time. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. Parole is the supervised release of prisoners before the completion of their sentence in prison.
Community service requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital. (340)
CARD 15
Studying Law in the UK
In the UK, a legal education usually begins with the completion of a bachelor degree in law, known as an LLB, which usually takes three years. However, many students graduate in a non-law subject and then undertake a one-year conversion course known as a postgraduate Diploma in Law or GDL.
There are two separate legal careers of solicitors and barristers in England and Wales. A person wishing to become a solicitor must complete three stages: the first stage involves gaining a law degree; the second stage requires passing a one-year full-time (or two years parttime) Legal Practice Course (LPC); and the final stage entails working for two years as a trainee solicitor with a firm of solicitors or in the legal department of a local authority or large company. At this stage, a trainee solicitor is paid a salary.
Intending barristers also need a qualifying law degree in order to apply to join one of the Inns of Court to study for the Bar Professional Training Course. It's also mandatory for students to keep terms, which means dining at their Inn a fixed number of times, before they can be called to the Bar, that is, qualify as a barrister.
Then the new barrister faces intense competition to obtain a funded pupillage in chambers for twelve months in order to get practical training, when pupils at first shadow an experienced barrister by observing professional activities, and then, with their supervisor's permission, can undertake to supply legal services and exercise rights of audience.
To gain a Full Qualification Certificate pupils must learn the rules of conduct and etiquette at the Bar, learn to prepare and present a case competently, learn to draft pleadings and opinions, have advocacy training. If successful at the end of the twelve months, the qualified barrister applies for a tenancy in chambers.
The profession of barrister in England and Wales is a separate profession from that of solicitor. Barristers have a more specialized knowledge of case-law and precedent. A barrister has rights of audience in the higher courts. (340)
CARD 16
Civil courts
Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates' Courts or the County Courts.
Judges have different titles depending on their experience, training, and level. A single stipendiary magistrate or three lay magistrates sit in the Magistrates' Court. There's no jury in a Magistrates' Court. Family cases may go on appeal from the Magistrates' Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or injury they have suffered. There are circuit judges and recorders who sit in the County Courts, usually without a jury. Juries are now rare in civil actions, so normally the judge considers both law and fact.
More complex civil cases, such as the administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and Queen's Bench. The court has both original, that is, first instance, and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions bind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved. Appellants must, however, apply for leave to appeal. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges. (367)
CARD 17
Criminal Courts
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
About 95% of all criminal cases in England and Wales are tried in the Magistrates' Courts, which deal with petty crimes, that is, less serious ones. In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment, either by way of a fine or imprisonment. Except in cases of homicide, children under 14 and young persons - that is, minors between 14 and 17 years of age - must always be tried summarily, meaning without a jury, by a Youth Court. A Youth Court is a branch of the Magistrates' Court. Indictable offences, that is, more serious ones such as theft, assault, drug dealing, and murder, are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime. In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime she or he is charged with. The Crown Court may hear cases in circuit areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords. (267)
CARD 18
Private Law
Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. The area is concerned with rules and principles pertaining to private ownership and use of property, contracts between individuals, family relationships, and redress by way of compensation for harm inflicted on one person by another. Historically, government involvement was usually minimal. Private law has also operated to provide general guidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in a court of law, such as noncontractual promises and agreements within an association of private individuals.
The relative significance of purely private law has decreased in modern times. Public law dominates in government-controlled societies; democratic societies increasingly have a mix of public and private law. The private sphere includes individuals and a vast array of groups, associations, organizations, and special legal entities such as corporations. They compete with one another and with government for control of resources, wealth, power, and the communication of ideas and values. Special fields of law, such as labor law, facilitate and control this competition. Much of such law is in the commercial and corporate areas. The formerly purely private law of property and contracts, for example, is now overlaid with legislation, regulations, and judicial decisions reflecting the competition. The public law of taxation has significant impact on the whole private sphere. Courts have increasingly regarded resolution of seemingly private disputes as vehicles for response to changing social conditions and values—especially in the U.S. Thus, manufacturers have experienced an expansion of liability for physical injuries caused by defects in their products. The mechanism of insurance allows manufacturers to spread such costs across the
general consuming public. (298)
CARD 19
Composition of tribunals and procedure
A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
The intention of tribunals is to provide a less formal proceeding in which claimants can lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal - where an employer appears to not be acting in a reasonable way in removing an employee - could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn. The costs of the hearing are borne by the public purse, which is, paid from tax revenue, but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case. British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
CARD 20
What is the EU?
The European Union (EU) was created in 1992 by the Treaty on European Union (the TEU), generally called the Maastricht Treaty. The EU consists of three different Communities: the ECSC (European Coal and Steel Community), the European Community (the EC, formerly known as the European Economic Community Treaty, or the EEC treaty - also known as the Treaty of Rome), and EURATOM (European Atomic Energy Community Treaty). The EU has what are referred to as 'the three pillars': The European Union
Common Foreign and Security Policy
ECSC
EC
EURATOM
Justice and Home Affairs Policy
Put simply, the original aim of the Community was economic integration: to create a common market, later defined as a Single Internal Market, in which there could be free movement of goods, persons, services and capital. This was to be achieved by the creation of a free trade area, where Member States agreed to remove all customs duties (import taxes) and quotas (restrictions on the amount of goods imported across Member States' frontiers, or borders) between themselves, and a customs union, in which all members agreed to impose on goods coming into the area from non-member states a common level of duty (the Common Customs Tariff, or CCT). The three sources of EU law are the Treaties (EC, TEU, etc.), secondary legislation enacted by the EC (such as regulations and directives), and general principles, including fundamental human rights, subsidiarity, and citizenship of the EU for every national of a Member State. British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
CARD 21
Barristers
There are currently around 9,000 barristers in practice in England and Wales. Unlike solicitors, barristers can't form partnerships but must act as sole traders with unlimited liability. Some barristers are in employed practice and may only represent their employer, for example as inhouse counsel or in government departments like the Crown Prosecution Service. Many work independently in self-employed practice in groups called chambers or sets and practice at the Bar as a barrister. Chambers are traditionally located in the four Inns of Court in London - Gray's Inn, Lincoln's Inn, Middle Temple, and Inner Temple - and are also located in the UK regions, known as circuits. The Inns are principally non-academic societies which provide collegiate and educational resources for barristers and trainees. Members of chambers, known as tenants, share common expenses and support services, which are administered by an administrative manager known as the Clerk, along with ancillary staff such as secretaries.
A barrister's main work is to provide representation in the courts, where they are referred to as counsel, to draft documents associated with court procedure, and to give opinions, that is, specialist legal advice. They are normally instructed by solicitors or other recognised professionals, such as patent agents or Legal Advice Centres, on behalf of lay clients. As the law has become more complex, barristers increasingly specialise in particular areas, such as personal injury, crime, family or commercial law. A number of Specialist Bar Associations, also known as SBAs, support and represent members. Barristers are governed by the General Council of the Bar, known as the Bar Council, and the Inns of Court.
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
CARD 22
Law of Torts
A tort is a wrongful act committed by an individual against another individual's person, property or reputation. The concept of tort is used in most English-speaking common law traditions. It is a civil wrong. Torts often help those who are not in contractual relationship. Contractual liability is based on agreement between parties.
Tort liability is based on the duty one person owes to another. It is imposed by law regardless of whether or not there is an agreement between the parties.
Although a tort and a crime appear to be the same in many cases, the parties, burden of proof, and punishment are different. In a tortious action the injured party is the plaintiff and the person charged with committing the tort is the defendant. The plaintiff has to prove the elements of his case. He is entitled to damages to compensate him for his injury.
Crimes usually involve public law and order. Thus in a criminal action the plaintiff is the state, represented by the prosecutor. The person charged with committing a crime is the defendant. The injured party is merely a complaining witness. The state has to prove its case. The convicted defendant either pays a fine, or goes to prison. The injured party receives nothing. Sometimes a crime is also a tort and the injured party may try to get damages in a civil court. The most common torts are the tort of conversion, the tort of trespass, the tort of nuisance, the tort of negligence and the tort of defamation.
The tort of conversion covers taking, destroying or selling someone else's goods. It resembles the crime of theft.
The tort of trespass covers entering someone's land without the owner's permission.
The tort of nuisance covers an unreasonable interference with a person's use or enjoyment of land. It can be used in many situations. An individual can sue in the tort of nuisance when his neighbor creates too much noise or keeps rubbish that causes unpleasant smells.
The tort of negligence covers a breach of a legal duty of care. An individual may sue in the tort of negligence if he is injured by broken glass falling from a window or if someone has damaged his car while parking.
The tort of defamation covers attacks against someone's reputation through the written or spoken word.
CARD 23
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.
In countries where the government ensures that all people have access to a lawyer in an emergency, there are firms that specialize in dealing with people who would not be able to pay for out of their own pocket. For example, in England anyone facing criminal prosecution is entitled to choose a firm of lawyers to represent him. If his income is below a certain level he will not be asked to pay: the firm will keep a record of its costs and will apply to the government-funded Legal Aid Board for payment.
CARD 24
Legal Profession
There are two distinct kinds of lawyer in Britain. One of these is a. Everybody who needs a lawyer has to go to one of these. They handle most legal matters for their clients, including the drawing up of documents, communicating with other parties, and presenting their clients’ cases in. However, only since 1994 solicitors have been allowed to present cases in higher courts. If the trial is to be heard in one of these, the solicitor normally hires the services of the other kind of lawyer. The only function of barristers is to present cases in court.
The training of the two kinds of lawyer is very different. All have to pass the Law Society exam. They study for this exam while «articled» to established firms of solicitors where they do much of the everyday junior work until they are qualified.
have to attend one of the four Inns of Court in London. These ancient institutions are modeled somewhat on Oxbridge colleges. For example, although there are some lectures, the only attendance requirement is to eat dinner there on a certain number of evenings each term. After four years, the trainee barristers then sit exams. If they pass, they are «called to the bar» and are recognized as barristers. However, they are still not allowed in a crown court. Those whose applications are accepted can put the letters QC after their names.
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state. (288)
CARD 25
Classification of law
There are many ways in which the law can be classified.
Constitutional law is a leading category of the whole system of law. Its principal source is the country’s Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with administrative activity of a government and ministries.
International law regulates relations between governments and also between private citizens of one country and those of another.
Financial law regulates the budget, taxation, state credit and other spheres of financial activity. There is distinction between private law and public law. Public law concerns the relationships within government and those between governments and individuals. International public law regulates relationships between one state and another. Private 29 law deals with various relationships that people have with one another. It regulates private interests, use of property, contracts between individuals, family relationships etc.
There is also distinction between criminal law and civil law. The first practical difference is seen in the parties to the legal action. A civil case will involve two or more individual people or bodies. The parties to a criminal case will be the state and an individual person or body. Civil law includes the law of contract, tort and property. The right in property is the central institution of civil law. Criminal law is the law by which the state regulates the conduct of its citizens. It defines the general principles of criminal responsibility, individual types of crimes and punishment. Criminal cases range from the small to the very serious (e.g. murder). Although the division between civil and criminal law is very clear, there are many actions which will constitute a criminal offence and a civil wrong. (295)
CARD 26
Legal Profession in Spain
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.
The practice of any legal profession in Spain requires a law degree at a Law School. After obtaining the law degree a Doctorate in Law provides specialization of knowledge in a certain area through lectures and seminars and the presentation of a thesis on a legal topic. The main legal professions in Spain are: lawyers, procurators, notaries, judges and magistrates, public prosecutors and professors. Lawyers carry on the advice and defense of public and private interests through the application of legal science and legal techniques. The rules and organization of the profession of lawyers are stated at the “Estatuto General de la Abogacha Espacola”.
It provides a definition of lawyer, its functions, rights and duties, the requirements to practice as a lawyer and the governing organisms of the legal profession. For the legal practice it’s necessary to be incorporated to the Bar Association. There is one Bar Association in each province and in major towns. Bar Associations are organized by the “Consejo General de la Abogacia
Espasola”. Lawyers can settle their retributions but contingent fees are expressly prohibited. Unlike lawyers who give advice, procurators represent the parties in court through a power of attorney. They also receive and deliver documents from and to court. Notaries perform a public service conferring authenticity to documents. To develop their function they have a delegated power from the State. In this sense, they depend from the Ministry of Justice and they join the profession after passing an official examination. (279)
CARD 27
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. Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, Pakistan, South Africa, Canada, Hong Kong, the United and many other places. (353)
CARD 28
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. (348)
CARD 29
The aims of law
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.
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
Law is a system of rules to maintain order and protect harm to persons and property. Law is ancient, dating back to the Code of Hammurabi, written by an ancient Babylonian king around 1760 B.C. Law has several aims. One of the aims of law is to maintain order and resolve disputes that arise between individuals. The other aim is to impose responsibility if one person has a legal claim against another. Law makes society more stable and enables people to flourish. If people disobey the rules the law threatens them with something unpleasant. With laws can live more securely.
Laws guarantee to people who buy and sell goods, make wills, take employment, form companies and so on that the state will enforce these arrangements. Law not only threatens those who do what it forbids but promises to protect people's interests. It imposes restrictions on them but also gives them curtain guarantees. A very important aim of law is to settle what the system of government is to be.
CARD 30
Enforcing the Law
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
Laws guarantee to people who buy and sell goods, make wills, take employment, form companies and so on that the state will enforce these arrangements. Law not only threatens those who do what it forbids but promises to protect people's interests. It imposes restrictions on them but also gives them curtain guarantees. A very important aim of law is to settle what the system of government is to be
Governments have many ways of making sure that citizens obey the law. They make the public aware of what the law is and try to encourage social support for law and order. They use police forces to investigate crimes and catch criminals. They authorize courts to complete the investigation of criminal and civil offences and pass sentences to punish the guilty and deter others.
And they make efforts to re-educate and reform people who have broken law. The laws of all countries are to be found in written records - the legal codes of countries with continental systems, the statutes and case judgments of common law countries, warnings on official forms and notices in public buildings. Many people do not know where to find these records and do not find it easy to read them. But ignorance of the law is almost never a defense for breaking it. Governments usually expect citizens to be aware of the laws which affect their lives. Sometimes they seem very harsh, for example, when the law is very technical. (297)
Задание: перевести предложения по юридической тематике с русского языка на английский
Translate the sentences from Russian into English.
1. Существуют три типа корпораций, создаваемых на разной юридической основе.
2. Магистратские суды рассматривают больше дел, чем какие-либо другие суды Англии.
3. Во всех странах отношения между людьми регулируются законами и обычаями.
4. Обычаи – неформальные правила общественного и морального поведения людей.
5. Уголовное право - это совокупность правовых норм, которые определяют уголовно наказуемые деяния, которые караются государством, и устанавливают способы судебного преследования и наказания.
6. Экономические преступления включают в себя составление ложных отчётов, ложные заявления, изъятие документов, отмывание денег, коррупцию, мошенничество и т.д.
7. Предметом судебного разбирательства в гражданских правонарушениях является не наказание, а компенсация или возмещение истцу за ущерб, причиненный ответчиком
8. В отличие от резидентства физическое лицо, как правило, может иметь домициль только в одной стране.
9. Существует домициль в силу закона. Например, жена имеет тот же домициль, что и ее муж, даже если она живет в другой стране.
10. Одним из наиболее важных понятий английского права является то, что все лица в этом королевстве, включая иностранцев, имеют права и подчиняются определенным обязанностям.
11. Солиситор (поверенный) должен иметь университетскую степень, но не обязательно в сфере юриспруденции.
12. Имеются свыше 70000 солиситоров, которые практикуют главным образом в частных фирмах и в промышленности.
13. Барристером может быть только профессиональный юрист с университетским образованием.
14. Барристеры, как профессиональные адвокаты, имеют две главные функции: давать юридические советы клиентам и действовать как адвокаты в разных судах, включая Королевский и Верховный суды.
15. В Англии нет специальной судейской профессии по образованию, поэтому судьи обычно назначаются из числа профессиональных юристов.
16. Назначения судей высшего ранга делает королева по рекомендациям специальной комиссии.
17. По акту конституционной реформы в 2005 году был создан верховный суд Объединенного королевства (UK).
18. На иностранцев в Великобритании распространяются определенные ограничения прав, касающиеся въезда в страну и трудоустройства после въезда; кроме того, они должны зарегистрироваться в полиции.
19. С юридической точки зрения брак – это договор между двумя лицами, который влияет на статус каждой из договаривающихся сторон и налагает на них особые права и обязанности.
20. На момент заключения брака ни одна из сторон не должна быть младше 16 лет, уже состоять в браке, иметь свидетельство о психическом расстройстве или находиться в близком родстве.
21. В России имеются 3 типа судов: суды общей юрисдикции, арбитражные суды и Конституционный суд.
22. Гражданская полиция в Британии поддерживает закон и порядок.
23. Одна из главных функций полиции - предотвращение и расследование преступлений.
24. Существенным вопросом, влияющим на соблюдение прав и законных интересов граждан, является соблюдение судами сроков рассмотрения дел.
25. В соответствии с Законом о бракоразводных процессах 1973 в качестве сводного акта предусмотрено, что единственным основанием, по которому ходатайство о разводе может быть представлено в суд, является то, что брак распался безвозвратно.
26. Брак может быть расторгнут, если ответчик совершил прелюбодеяние, и заявитель считает недопустимым дальнейшее проживание с ответчиком.
27. Обычно назначаются три арбитра для рассмотрения споров по заработной плате между работодателем и работниками, при согласии их сторон.
28. Вместо того, чтобы подать иск в суд, стороны могут принять решение о передаче спора в арбитраж, и, хотя это не судебный процесс, решение арбитра будет обязательным для сторон спора.
29. Контракты часто включают пункт об арбитраже в случае разногласия сторон, и арбитражное соглашение часто включается в соглашение о партнерстве, если между партнерами возникают споры.
30. Когда один человек получает противозаконные телесные повреждения от другого лица или несет убытки, возникает иск о возмещении ущерба за этот ущерб или травму.
31. В Британии, как и во многих странах, имеются специальные семейные суды, которые контролируют передачу частной собственности в интересах детей.
32. Большинство стран запрещают информацию, которая может прямо провоцировать физическое насилие и другое незаконное поведение.
33. Некоторые международные договоры требуют ратификации в парламентах обеих стран.
34. Споры между государствами и компаниями в сфере экономики часто решают международные арбитражные суды.
35. Бизнесмены должны знать законы тех стран, где они ведут свой бизнес.
36. Персонал частных и государственных компаний, включая директоров, часто работает по контрактам, который не должны противоречить законодательству страны, где работает компания.
37. Владельцы крупных компаний обычно нанимают директоров для эффективного управления своим имуществом и всем персоналом компании.
38. Юристы компании должны хорошо знать законодательства всех стран, где работает и ведет торговлю компания.
39. Нарушения законодательств разных стран могут привести к штрафным санкциям, а иногда и к закрытию компании.
40. Современное законодательство должно быть составлено с учетом баланса интересов потребителей и производителей разных видов товаров и услуг.
41. По законодательству некоторых стран могут использоваться физические наказания преступников.
42. Международный суд в Гааге имеет независимых судей из разных стран, которые являются известными юристами в области международного права.
43. Согласно таможенному законодательству работники таможни проверяют различные грузы, багаж пассажиров и международную почту.
44. Таможенные пошлины служат двум целям: ограничению импорта товаров и обеспечению государственных доходов.
45. Международный суд должен способствовать мирному разрешению споров между государствами и обеспечению правопорядка и законности в мире.
46. Органы внутренних дел, прокуратура, суд являются участниками широкого круга правоотношений, возникающих в сфере борьбы с преступностью.
47. Свидетель на суде сообщил о незаконном получении подозреваемым крупной суммы денег.
48. Суд пришел к выводу, что в демократическом обществе не было необходимости в привлечении обвиняемого к уголовной ответственности.
49. Суд придерживается того мнения, что осуждение подсудимого в уголовном порядке не может быть легитимным, согласно международному праву.
50. Во время допроса заявитель признался в совершении преступлений, в которых он обвинялся, а его признание было принято судом в качестве доказательства.
51. Владелец вещи имеет совокупность прав, а именно право пользования, право уничтожения и право распоряжения, при условии соблюдения прав других лиц.
52. Частное право касается взаимоотношений частных лиц, как физических, так и юридических. В частное право входит семейное право, договорное и имущественное право.
53. В гражданском праве иск возбуждается частным лицом, тогда как в уголовном праве судебное преследование преступников осуществляется от имени государства.
54. В уголовном суде присутствуют: судья, присяжные заседатели, барристер, прокурор, потерпевший, подсудимый и свидетели.
55. Криминалисты подчеркивают, что «в штатах США, применяющих смертную казнь, динамика роста убийств выше, чем в штатах, где смертная казнь была отменена».
56. Судебная власть осуществляется посредством конституционного, гражданского, административного и уголовного судопроизводства.
57. Доказывание гражданского иска, предъявленного в уголовном деле, производится, как вытекает из смысла закона, по правилам, установленным уголовно-процессуальным законодательством.
58. В Великобритании понимают важность эффективной борьбы с организованной преступностью, которая превратилась в хорошо организованный бизнес с огромными финансовыми ресурсами
59. Доказывание гражданского иска, предъявленного в уголовном деле, производится, как вытекает из смысла закона, по правилам, установленным уголовно-процессуальным законодательством.
60. Договор аренды может быть расторгнут по соглашению сторон или по решению суда.