Иностранный язык в сфере юриспруденции

1. The judiciaries, law officers and legal profession (Судебные ведомства, работники правоохранительных органов, юристы)
2. Courts (Суды)
3. Legal sources (Источники права)
4. Criminal law (Уголовное право)
5. The law of tort (Деликтное право)
6. The law of person (Право лиц)
7. Juristic persons and the crown (Юридические лица и верховная власть)
8. The law of contract (Договорное право)
9. Trusts (Доверительное управление имуществом)
10. The law of property (Имущественное право)
11. The law of succession (Наследственное право)
12. Procedure (Судебный процесс)
Вопросы:
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. Choose the suitable suffix to form the new words: law;
1) -cy
2) -ful
3) -ence
7. Choose the suitable suffix to form the new words: innocent;
1) -cy
2) -fill
3) -ence
8. Choose the suitable suffix to form the new words: supreme
1) -cy
2) -fid
3) -ence
9. Choose the suitable synonym for the following words: just -
1) poor
2) progressive
3) numerous
10. Choose the suitable suffixes to form the new words: active
1) -ity
2) -ing
3) -ism
11. That was the _____ movie I've ever seen.
1) worst
2) bad
3)worse
12. You live even _____ from the centre than I do.
1) further
2) furthest
3) more far
13. The people who arrived _____ got the best seats.
1) more earlier
2) the earliest
3) much early
14. Company A made $ 1 million profit this year. Company В made $ 2 million. Company A isn't doing _____ company B.
1) better as
2) as better as
3) well as
15. _____ 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
16. Jane was the only person _____ advice I asked for.
1) whose
2) whom
3) which
17. The train we caught was one _____ stops at every station.
1) what
2) who
3) that
18. Those are the people _____ dog chases our cat.
1) whom
2) their
3) whose
19. Pauline asked me a question to _____ I had no reply.
1) what
2)which
3) that
20. I don't really approve of _____ he is proposing.
1)what
2) which
3) that what
21. _____ I was really tired, I couldn't sleep.
1) Also
2) Because of
3) Although
22. Everyone _____ him will go to party.
1) beside
2) except
3) but
23. _____ fire, please leave the building as quickly as possible.
1) In spite of the
2) Out of
3) In case of
24. _____ you work much harder, you won't pass the exam.
1) Unless
2) Till
3) In spite of
25. I'll draw a map for you _____ you can't find our house.
1)in case
2) in case of
3) in that case
26. The legislation ______by this department is very important.
1) prepare
2) preparing
3) prepared
27. There are some state institutions_______the life of the society.
1) regulate
2) regulating
3) regulated
28. Look! The police ____ the workers.
1) attack
2) are attacking
3) were attacked
29. Where is Steve? He_______for the new trial in the next room.
1) prepares
2)is preparing
3) is prepared
30. Pete _____his work two hours ago.
1)finished
2) has finished
3) do finished
31. Mary didn't succeed in _____ things easily.
1) taking
2) having taken
3) taken
32. What did you expect _____ ?
1) happened
2) happening
3) to happen
33. I remember _____ the book in many bookshops, but I don't remember what shops they were.
1) to seeing
2)seeing
3) being seen
34. I just......to the dean about it.
1) spoke
2) have spoken
3) had spoken
35. Would you mind _____ my case there?
1)putting
2) being put
3) to putting
36. We must do something. We can't go on _____ the same things.
1)doing
2) to do
3) do
37. We _____ to school, but now we get the bus.
1) used to walk
2) walked to use
3) is used to walk
38. 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
39. As there was no bread at home I......go to the shop.
1) could
2) had to
3) was to
40. As we hadn't enough time we...... take a taxi.
1) could
2) had to
3) was to
41. The meeting......be held at 5.
1) could
2) had to
3) was to
42. I _____ swimming a lot but I don't swim now.
1) use to go
2) got used to swimming
3)used to go
43. When you lived in London, _____ by bus?
1) were you travelling
2) did you use to travel
3) did you travel to use
44. I _____ very keen on sport in those days.
1) was never used to be
2) didn't use
3) didn't use to be
45. We_____this case yesterday.
1)discussed
2) have discussed
3) were discussed
46. Mike was the_____to enter the room.
1) two
1)second
3) twelve
47. The fair was to take place on the _____of July.
1) thirst
2) third
3) three
48. For how long will you stay in Boston? – For _____days.
1) fifteenth
2) fifth
3) five
49. Jeremy won only the ______ Prize and was quite upset.
1)first
2) third
3) two
50. You are the_________ girl to be admitted to our club! – said Jackson.
1) first
2) one
3) no
51. In North American English, a law enforcement agency ( ______ ) is a government agency responsible for the enforcement of the laws.
1) UN
2) LEA
3) RF
52. Sometimes a LEA’s jurisdiction is determined by the complexity or seriousness of the non compliance with a law. Some countries determine the jurisdiction in these circumstances by means of ________between agencies.
1) transport
2) government and common citizens
3) policy and resource allocation
53. When a LEA’s jurisdiction is for the whole country, it is usually one of two broad types, either federal or __________.
1) national
2) private
3) local
54. Many law enforcement agencies are _______ agencies that have a broad range powers and responsibilities.
1) criminal
2) private detective
3) police
55. Subjects who do not comply with laws will usually seek to avoid ________ by a LEA.
1) detection
2) capture
3) trial
56. 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
57. In both __________ and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court.
1) general law
2) common law
3) legislature
58. The place where a court sits is known as a ______.
1) venue
2) revenue
3) avenue
59. ____ 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
60. In the United States, a court must have both personal jurisdiction and _________ jurisdiction.
1) subject matter
2) no
3) local
61. ______ 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
62. 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
63. _________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
64. 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
65. Legislation is regarded as one of the ________ main functions of the government.
1) one
2) two
3) three
66.________, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey these laws.
1) Sources
2) Civil law
3) Criminal law
67. Actus reus is Latin for "_________" and is the physical element of committing a crime.
1) guilty act
2) massacre
3) speculation
68. 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
69. Property often is protected by the criminal law. __________is unlawful entry onto the real property of another.
1) robbery
2) trespassing
3) guilty act
70. ___________deals extensively and increasingly with criminal conduct that is heinous and ghastly enough to affect entire societies and regions.
1) public international law
2) civil law
3) criminal law
71. _______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
72. One who commits a tortious act is called a ____________.
1) tortfeasor
2) judge
3) torture
73. 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
74. ____________ concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case.
1) duty of care
2) negligence
3) tortfeasor
75. _________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
76. In jurisprudence, a _________ is a real human being, as opposed to a legal person, which may be a corporation or state.
1) natural person
2) corporation
3) statute
77. An example of the distinction between natural and legal persons is that a natural person can hold _______, but a corporation cannot. A corporation can, however, file a lawsuit or own property as a legal person.
1) public school
2) public office
3) private school
78. ________cannot marry, they usually cannot vote or hold public office, and in most jurisdictions there are certain positions which they cannot occupy.
1) natural humans
2) legal entities
3) supernatural humans
79. States may be classified as _______ if they are not dependent on, or subject to any other power or state.
1) sovereign
2) souvenir
3) dependent
80. The rise of the modern state system was closely related to changes in political thought, especially concerning the changing understanding of __________state power.
1) useless
2) powerful
3) legitimate
81. A _________is a form of government in which sovereignty is actually or nominally embodied in a single individual (the monarch).
1) monarchy
2) presidency
3) aristocracy
82. In the __________, the monarch rules as an autocrat, with absolute power over the state and government—for example, the right to rule by decree, promulgate laws, and impose punishments.
1) constitutional monarchy
2) absolute monarchy
3) parliamentary system
83. 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
84. Most states only have a single person acting as monarch at any given time, although two monarchs have ruled simultaneously in some countries, a situation known as________.
1) monarchy
2) diarchy
3) parliament
85. In a ___________-, the position of monarch is inherited according to a statutory or customary order of succession, usually within one royal family tracing its origin through a historical dynasty or bloodline. This usually means that the heir to the throne is known well in advance of becoming monarch to ensure a smooth succession.
1) diarchy
2) constitutional monarchy
3) hereditary monarchy
86. In an _________, monarchs are elected, or appointed by some body (an electoral college) for life or a defined period, but otherwise serve as any other monarch.
1) elective monarchy
2) constitutional monarchy
3) hereditary monarchy
87. _________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
88. Roman law-based systems (including Scotland) do not require consideration, and some commentators consider it unnecessary—the requirement of intent by both parties to create legal relations by both parties performs the same function under __________.
1) contract
2) promising
3) invasion
89. The rules by which many contracts are governed are provided in specialized _______that deal with particular subjects.
1) minutes
2) memorandum
3) statutes
90. ______ is the body of legal theory that addresses normative and conceptual questions in contract law. One of the most important questions asked in ______ is why contracts are enforced.
1) statutes theory
2) contract theory
3) contract law
91. _________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
92. 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
93. 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
94. ___________ is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual.
1) jurisdicton
2) inheritance
3) lease
95. In law, an _______is a person who is entitled to receive a share of the decedent's property, subject to the rules of inheritance in the jurisdiction where the decedent died or owned property at the time of death.
1) air
2) hair
3) heir
96. Often, minorities and individuals from socially disadvantaged backgrounds receive ________ inheritance and wealth.
1) more
2) much
3) less
97. Many states have inheritance taxes or death duties, under which a portion of any estate goes to the_____________.
1) criminals
2) government
3) nowhere
98. 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
99. 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
100. 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
101. A _________ was a building housing the offices for the government officials who processed the paperwork for the import and export of goods into and out of a country.
1) customs house
2) jury
3) House of Commons
102. 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
103. Publicly traded companies are able to raise __________ and capital through the sale of its securities.
1) debts
2) assets
3) funds
4) liabilities
104. A _____________or close corporation is a business company owned either by non-governmental 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
105. In countries with public trading markets a privately held business is generally taken to mean one whose ownership shares or interests are___________________.
1) publicly traded
2) not publicly traded
3) bought
4) sold out
106. Privately held companies have fewer reporting requirements for__________, via annual reports, etc. than do publicly traded companies.
1) strength
2) quality
3) transparency
4) security
107. A ____________is a form of business in which two or more people operate for the common goal of making profit. Each partner has total and unlimited personal liability of the debts incurred by the partnership.
1) partnership
2) proprietorship
3) private company
4) public company
108. 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
109. ____________is a concept where a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a company or partnership with limited liability.
1) enterprise
2) partnership
3) limited liability
4) stock market
110. Most corporations are registered with the local jurisdiction as either a stock corporation or a______________.
1) privilege
2) non-stock corporation
3) government
2) public company
111. The institution most often referenced by the word "corporation" is a publicly traded corporation, the __________of which are traded on a public stock exchange.
1) top managers
2) shares
3) leaders
4) goods
112. _______________is the practice of using another firm's successful business model.
1) franchising
2) stockholding
3) limited liabilities
4) non-stock corporation
Вариант правильного ответа: a
113. For the__________, the franchise is an alternative to building 'chain stores' to distribute goods and avoid investment and liability over a chain.
1) franchisor
2) franchising
3) franchisee
4) franchise
114. Where there is no specific law, ____________is considered a distribution system, whose laws apply, with the trademark (of the franchise system) covered by specific covenants.
1) franchisee
2) franchisor
3) franchise
4) franchising
115. A ____________circulates money on behalf of a government and acts as its monetary authority by implementing monetary policy, which regulates the money supply.
1) local bank
2) central bank
3) banking process
4) merchant bank
116. A _____________accepts deposits and pools those funds to provide credit, either directly by lending, or indirectly by investing through the capital markets.
1) central bank
2) commercial bank
3) savings bank
4) local bank
117. A ___________ (known as a "building society" in the UK) can either be stockholder owned or mutually owned, in which case it is permitted only to borrow from members of the financial cooperative.
1) central bank
2) commercial bank
3) savings bank
4) local bank
118. Banks __________money by accepting funds deposited on current accounts, by accepting term deposits, and by issuing debt securities such as banknotes and bonds.
1) lend
2) borrow
3) issue
4) send
119. Banks ___________ money by making advances to customers on current accounts, by making installment loans, and by investing in marketable debt securities and other forms of money lending.
1) find
2) borrow
3) issue
4) lend
120. A bank can generate ___________in a variety of different ways including interest, transaction fees and financial advice.
1) shares
2) revenue
3) stocks
4) information
Задание: прочитать текст на юридическую тематику и передать основную мысль на английском языке в пяти предложениях (компетенции: ОК-5, ОПК-5, ОПК-7)
Read and translate the text. Give the main idea of the text in five sentences.
CARD 1
Lawyers Ask N.Y. Federal Judge to Find Iran Liable for Sept. 11 Terror Attacks Lawyers representing 9/11 families are asking a federal judge to find Iran culpable in the Sept. 11 terror attacks, saying new evidence shows Iranian officials had advanced word of the attacks and helped train the hijackers. The lawyers filed papers Thursday in U.S. District Court in Manhattan saying there is "clear and convincing" evidence to conclude default judgment damages should be paid to their plaintiffs -- families and personal representatives of some of those killed in the attacks. Supporting their arguments, the lawyers cited the testimony of three defectors from Iran's intelligence service, the Ministry of Information and Security, saying they worked in positions that gave them access to sensitive information regarding Iran's state sponsorship of terrorism. They said the testimony, part of 28 hours of testimony by four witnesses, supports a claim that Iranian officials had advanced word of the attacks and that Iran helped train those who carried it out. Iran has not responded to the lawsuit, which was first filed in Washington, D.C., and later transferred to New York. A message was left Friday with the Iranian mission to the United Nations. The Shiite regime in Iran and al-Qaida, a Sunni group, are natural enemies, though they have sometimes had a relationship of convenience based on their shared hatred of the U.S. The lawyers said Iran and "its proxy terrorist organization," the Lebanese group Hezbollah, entered into a terrorist alliance with al-Qaida in the early 1990s that continued throughout the preparations for the 2001 attacks. They said Iran and Hezbollah gave material support to al-Qaida after the attacks by helping some of the terrorist group's leaders and their families escape from the U.S.-led invasion of Afghanistan.
CARD 2
ABA Accreditation for Law School in China Runs Up Against U.S. Job Fears Dean Jeffrey Lehman is generally pleased with the progress of the new law school he oversees. The former dean of University of Michigan Law School and onetime president of Cornell University has seen enrollment at the three-year-old school go from 53 extremely bright and highly motivated students per class to 80. He will also soon have recruited eight full-time faculty members to work alongside a star-studded roster of visiting faculty that has included Harvard professors Charles Ogletree and Jack Goldsmith. Ground will be broken later this year on a stunning new Kohn Pedersen Fox-designed law school building. The one sticking point has been accreditation by the American Bar Association. Which seems like it should be a no-brainer, except that this law school is located in Shenzhen, China. Lehman has long hoped to make the Peking University School of Transnational Law (STL) the first law school outside the United States to be accredited by the ABA, which would allow its graduates to take the bar exam in any U.S. state. Though its students are almost all Chinese, the school teaches a predominantly U.S. law curriculum in English and employs a faculty whose members mostly hold J.D.s from American law schools. Lehman and other supporters see the school as promoting U.S. law and the values behind it as a sort of legal lingua franca in an increasingly globalized world.
But that aim has run headlong into the still-weak U.S. legal job market. Fears of a tide of new overseas competition for scarce work were evident in many of the 60 comments the ABA received in response to a special-committee report released last fall recommending the accreditation section begin considering foreign schools.
CARD 3
Will Chabad Case Affect Dispute Over Artwork Taken by Nazis? As attorneys for the Chabad-Lubavitch movement press on with attempts to retrieve texts stolen by the Nazis and now held by the Russian government, a case involving efforts to reclaim an art collection also taken by the Nazis is just getting under way. In a case filed last July in U.S. District Court for the District of Columbia, the descendants of Baron Mor Lipot Herzog, a wealthy Jewish Hungarian art collector, are suing the Hungarian government for the return of Herzog's collection. According to the complaint (PDF), the paintings were seized by the Nazis during World War II from Herzog's family. The Hungarian government filed a motion to dismiss (PDF) in February, arguing that the court lacks jurisdiction under the Foreign Sovereign Immunities Act (FSIA). Herzog's heirs filed their opposition (PDF) earlier this month, and the Hungarian government has until June 15 to respond. Similar arguments for dismissal under the FSIA were lodged unsuccessfully by the Russian government in the Chabad case. U.S. District Court Chief Judge Royce Lamberth and the U.S. Court of Appeals for the D.C. Circuit both denied Russia's motion to dismiss, but attorneys in this case disagree on whether the precedent set in Chabad will apply. Michael Shuster of New York's Kasowitz, Benson, Torres & Friedman, who is representing Herzog's heirs, pointed to two arguments for exception under the FSIA that were cited by the appellate court in Chabad -- first, that the plaintiffs are arguing the objects in question were taken in violation of international law; and second, that the foreign government does business in the U.S. "Provided that the standards are met for coming within one of the exceptions to the FSIA, I think the U.S. federal courts haven't shied away from entertaining these cases notwithstanding that they involved foreign sovereigns and events that go back in time," he said in a phone interview Wednesday.
CARD 4
U.K. Prime Minister Wades Into Privacy Debate as Injunction Controversy Heats Up Privacy law has continued to dominate the headlines, with U.K. Prime Minister David Cameron on Monday wading into the row about the sustainability of privacy injunctions after Twitter users continued to flout court orders over the weekend. Speaking on ITV's "Daybreak" program Monday morning Cameron called for privacy laws to be reviewed. He described current laws affecting newspapers as "unsustainable" and said Parliament was "going to have to take some time out to really have a think about this." His words came after a weekend that saw injunctions continue to dominate the attention of newspapers and social networking sites like Twitter, as the debate intensified about the justification for such privacy orders and their applicability in today's era of digital media. On Sunday, a Scottish newspaper chose to flout the injunction by publishing a barely concealed picture of a footballer who has taken out an injunction over his alleged affair with former "Big Brother" contestant Imogen Thomas. It is unclear the extent, if any, to which an injunction issued in England applies to Scotland. The Sun newspaper on Monday submitted an application to challenge the existing Imogen Thomas injunction on the basis of the publication in Scotland. There have also been newspaper reports that Attorney General Dominic Grieve has been asked to consider a prosecution following an alleged breach of an injunction by a journalist on Twitter concerning another footballer in the case known as TSE against News Group Newspapers.
However, Mr Justice Tugendhat on Monday said: "I have not received any request to refer to the attorney general in this case in which the claimant is referred to as TSE, and I have not referred it to him."
CARD 5
Appointment of Joint U.S.-U.K. Corporate Monitor Signals New Era in Bribery Enforcement For companies looking to get out of the crosshairs of Department of Justice by agreeing to a deferred prosecution agreement, the appointment of a corporate monitor has become a familiar condition, particularly in Foreign Corrupt Practices Act cases. Now, in a sign of its own growing anti-corruption efforts, the United Kingdom has been getting into the monitor game. Hughes Hubbard & Reed announced May 12 that partner Kevin Abikoff has been hired by Innospec Inc. to act as compliance monitor as part of a $40.2 million bribery settlement it reached in March 2010 with the U.S. Department of Justice, Securities and Exchange Commission, and the U.K. Serious Fraud Office. Innospec pleaded guilty to federal charges related to alleged kickbacks to the Iraqi government in the U.N. oil-for-food program and for violating the U.S. embargo with Cuba. The position is the first-ever joint U.S.-U.K monitorship. Abikoff told us he is only the second monitor appointed by the Serious Fraud Office. Mabey & Johnson, which pleaded guilty in July 2009 in the first successful U.K. prosecution of foreign bribery, was similarly required to hire a monitor. "It's absolutely part and parcel and consistent with the U.K.'s ramped up anti-corruption efforts," Abikoff said. Companies have been fretting over compliance requirements in anticipation of enforcement of the U.K. Bribery Act, which, after much delay, is set to go into effect July 1. After companies voiced concern over how the law, often called the "FCPA on steroids," would be enforced, the government signaled in March it would take a softer line than initially feared. Regardless, questions linger about the compliance efforts companies will need to take. With Innospec under monitorship, Abikoff said he expects the Serious Fraud Office will use his position and reports to view "at least one company's compliance with those efforts."
CARD 6
ABA Accreditation for Law School in China Runs Up Against U.S. Job Fears Dean Jeffrey Lehman is generally pleased with the progress of the new law school he oversees. The former dean of University of Michigan Law School and onetime president of Cornell University has seen enrollment at the three-year-old school go from 53 extremely bright and highly motivated students per class to 80. He will also soon have recruited eight full-time faculty members to work alongside a star-studded roster of visiting faculty that has included Harvard professors Charles Ogletree and Jack Goldsmith. Ground will be broken later this year on a stunning new Kohn Pedersen Fox-designed law school building. The one sticking point has been accreditation by the American Bar Association. Which seems like it should be a no-brainer, except that this law school is located in Shenzhen, China. Lehman has long hoped to make the Peking University School of Transnational Law (STL) the first law school outside the United States to be accredited by the ABA, which would allow its graduates to take the bar exam in any U.S. state. Though its students are almost all Chinese, the school teaches a predominantly U.S. law curriculum in English and employs a faculty whose members mostly hold J.D.s from American law schools. Lehman and other supporters see the school as promoting U.S. law and the values behind it as a sort of legal lingua franca in an increasingly globalized world. But that aim has run headlong into the still-weak U.S. legal job market. Fears of a tide of new overseas competition for scarce work were evident in many of the 60 comments the ABA received in response to a special-committee report released last fall recommending the accreditation section begin considering foreign schools.
CARD 7
International Criminal Court Seeks Gadhafi's Arrest for Crimes Against Humanity The International Criminal Court prosecutor asked judges Monday to issue arrest warrants for Libyan leader Moammar Gadhafi and two other senior members of his regime, accusing them of committing crimes against humanity by targeting civilians in a crackdown against rebels. Luis Moreno-Ocampo says Gadhafi, his son Seif al-Islam Gadhafi and intelligence chief Abdullah al-Sanoussi ordered, planned and participated in illegal attacks. He said Gadhafi's forces attacked civilians in their homes, shot at demonstrators with live ammunition, shelled funeral processions and deployed snipers to kill people leaving mosques. Judges must now evaluate the evidence before deciding whether to confirm the charges and issue international arrest warrants. "The case is now in their hands," Moreno-Ocampo told reporters at a press conference. The warrants are not expected to have any immediate impact on the war in Libya, but they could make it harder for their targets to end the conflict by going into exile. Because the Security Council ordered the ICC investigation, all U.N. member states would be obliged to arrest him if he ventures into their territory. Moreno-Ocampo said he had evidence of Gadhafi issuing orders, his son organizing the recruitment of mercenaries and of Al-Sanoussi's direct involvement in attacks on demonstrators. Moreno-Ocampo said that the persecution is continuing in areas under Gadhafi's control. "Gadhafi's forces prepare lists with names of alleged dissidents. They are being arrested, put into prisons in Tripoli, tortured and made to disappear," he said. "These are not just crimes against Libyans, they are crimes against humanity as a whole," he added.
CARD 8
International Court's Prosecutor Moving Ahead With Probe of Libyan 'Crimes Against Humanity' The International Criminal Court prosecutor said Monday he has "strong evidence" of crimes against humanity in Libya committed by Moammar Gadhafi's regime which he will present to a judge in a few weeks. Luis Moreno-Ocampo said in an interview with The Associated Press he has documented the shooting of civilians in demonstrations, a systematic campaign to illegally arrest and torture civilians connected with protests, and a pattern of forced disappearances. The U.N. Security Council voted unanimously on Feb. 26 to refer the Libyan crisis to the International Criminal Court, the world's permanent war crimes tribunal, and asked the prosecutor to report in two months. Moreno-Ocampo said he plans to tell the council on Wednesday that "in a few weeks, we'll present our first case and we will have strong evidence of the crimes committed." "We are going to present the case of crimes against humanity -- for those crimes committed against demonstrators and those crimes (which) are today committed in different cities of Libya, illegal arrest, torture, forced disappearances. We have evidence of that," he said. Gadhafi, who has been in power for more than four decades, has fought fiercely to put down an uprising against his regime that began with protests inspired by a wave of Mideast unrest and escalated into an armed rebellion. Moreno-Ocampo said other crimes were also committed in Libya since the uprising began in February "including war crimes." The prosecutor said his office is continuing investigations on the use of cluster bombs, the targeting of civilian areas, serious allegations of rape, and "allegations that the rebel groups killed black people, considering them mercenaries."
CARD 9
In FCPA Milestone, Calif. Company, Officers Convicted of Bribing Mexican Utility A federal jury has found a California company and two of its senior executives guilty of violating the Foreign Corrupt Practices Act by paying bribes, including a $300,000 red Ferrari, to two officials from a state-owned electric utility company in Mexico. Lindsey Manufacturing Co., Chief Executive Officer Keith Lindsey and Chief Financial Officer Steve Lee each was convicted on Tuesday on all counts -- one of conspiracy to violate the FCPA and five of FCPA violations. The jury also convicted Angela Aguilar on one count of conspiracy to launder money. U.S. District Judge A. Howard Matz had thrown out a second count of money laundering against her on Monday. She is the wife of Enrique Aguilar, president of Mexican company Grupo International, which worked as a sales agent for Lindsey Manufacturing. Jan Handzlik, a shareholder in the Los Angeles office of Greenberg Traurig who represents Lindsey Manufacturing and Keith Lindsey; Janet Levine, a partner in the Los Angeles office of Crowell & Moring, who represents Lee; and Stephen Larson, a partner at Girardi & Keese in Los Angeles, who represents Angela Aguilar, did not respond to requests for comment. "Today's guilty verdicts are an important milestone in our FCPA enforcement efforts," said Assistant Attorney General Lanny Breuer of the Justice Department's criminal division, in a prepared statement. "Lindsey Manufacturing is the first company to be tried and convicted on FCPA violations, but it will not be the last." Steven Martinez, FBI special agent-in-charge of the Los Angeles field office, added: "The guilty verdicts announced today should send a strong message to large public corporations and small businesses alike, that bribing foreign officials to obtain a competitive advantage is a crime and will be prosecuted."
CARD 10
Venezuelan Accountant Pleads Guilty in Massive U.S. Fraud Guillen is to stay under home confinement until July sentencing A Venezuelan accountant pleaded guilty Wednesday to charges that he helped a Connecticut-based hedge fund adviser attempt to cover up a massive, five-year pyramid scheme that could cost investors hundreds of millions of dollars. Juan Carlos Guillen Zerpa was accused of falsifying a document to throw off federal investigators targeting Francisco Illarramendi, a Venezuelan-American financier who used unregistered hedge funds in Stamford, Conn., as cover for one of the biggest frauds in state history. Guillen, who was the managing partner of a Venezuelan accounting firm, wore a beige prison jumpsuit and had his hands cuffed behind his back as he was led into the U.S. federal courtroom in Bridgeport. An interpreter translated proceedings into Spanish for him, although he told the judge in English that he accepted his guilt, saying: "Absolutely, yes, your honor." U.S. prosecutors in Connecticut have called the case against Illarramendi the state's biggest white-collar federal prosecution. The 42-year-old New Canaan, Conn., man was accused of transferring money among investment accounts without telling clients to cover up huge financial losses and then falsifying documents to deceive investors, creditors and investigators. A pension fund for Venezuela's state oil workers accounted for most of the investment totaling hundreds of millions of dollars. Illarramendi, who served as an adviser to Venezuela's government until 2004, pleaded guilty in March to criminal charges including several counts of fraud and conspiracy to obstruct justice. He faces up to 70 years in prison. As one of several co-conspirators, Guillen, 44, expected to receive $1 million for agreeing to sign a fabricated letter indicating falsely that one of the funds had made $275 million in outstanding loans to Venezuelan companies, prosecutors said. A payment of $250,000 for Guillen had already been delivered when he was arrested in March by FBI agents in Florida -- money he agreed to forfeit as part of the plea agreement.
CARD 11
Mexican Drug Kingpin Finally Appears in U.S. Court One of Mexico's earliest drug kingpins finally appeared in U.S. court Monday, nearly eight years after he was charged with overseeing a vast operation to funnel cocaine and marijuana to the United States from Mexico and South America. Benjamin Arellano Felix stood in an orange jumpsuit throughout the nine-minute hearing, quietly answering "yes" when U.S. District Judge Larry Burns asked if he understood what was happening. The judge entered a not guilty plea on behalf of Arellano Felix to drug and racketeering conspiracy charges and ordered him held without bail. The hearing was staged under tight security at the downtown San Diego courthouse. Arellano Felix's daughter and relatives watched from second-row seats. Arellano Felix, 57, was extradited from Mexico on Friday, ending a long quest by U.S. authorities. The man who once headed the Tijuana, Mexico-based Arellano Felix cartel was incarcerated in Mexico since his 2002 arrest and was sentenced in 2007 to 22 years in prison on drug trafficking and organized crime charges. During Monday's hearing, San Diego lawyer Jan Ronas told the judge that Arellano Felix wanted him as his defense attorney. Burns scheduled a May 23 hearing to consider whether to replace a court-appointed attorney assigned to the case about a year ago. "He's expressed a decision to fight these charges in the United States," Ronas told reporters outside court. Ronas said his "cynical side" led him to believe that Mexico extradited Arellano Felix to get more aid from the U.S. under the 2008 Merida Initiative to combat drug trafficking and organized crime. He noted that Secretary of State Hillary Clinton and Mexican Foreign Relations Secretary Patricia Espinosa met Friday in Washington to review the Merida effort.
CARD 12
DLA Piper Loses 6 Canberra Partners to HWL Ebsworth DLA Piper has lost six partners in Canberra, leaving the firm's office in the Australian capital with just two partners. The lawyers are joining HWL Ebsworth Lawyers in August to open the firm's Canberra office, the Australian firm announced on Monday. The departures come in the wake of DLA Piper's merger with DLA Phillips Fox, which has already seen 10 partners leave the firm for smaller rivals. The departure dates of the partners -- Richard Garnett, Lex Holcombe, Stuart Imrie, George Marques, Melanie McKean and Michael Will -- have yet to be confirmed. They advise public sector clients on issues including negligence claims, workers' compensation, freedom of information, statutory interpretation, administrative law, public liability, product liability and workplace relations. In a statement, DLA Piper said that the partners have indicated that while they agree integration was the best course of action for the Australian firm, they do not wish to be part of a global business law firm. With the departures, the firm will have 106 partners in Australia. Its Canberra office will be left with two partners, Anthony Willis and Caroline Atkins. HWL Ebsworth also announced on Monday it has hired former Mallesons Stephen Jaques senior partner Joe Montano as a partner in the firm's banking and financial services practice in Sydney. Montano specializes in funds management work. He also advises on corporate finance, mergers and acquisitions, and joint ventures. The seven new additions will take HWL Ebsworth's total partners to 122 across its offices in Brisbane, Melbourne, Sydney and Norwest, New South Wales. The firm has been on a hiring spree this year. Over the past four months, it has taken on laterals from Australia's largest firms including Allens Arthur Robinson, Mallesons and Freehills.
CARD 13
Former Baker & McKenzie Head an Early Favorite to Helm International Monetary Fund Dimitra Kessenides All Articles The American Lawyer May 20, 2011 French Finance Minister Christine Lagarde has a lot going for her as a possible successor to former International Monetary Fund head Dominique Strauss-Kahn, The New York Times reports. Lagarde, 55, who led the global law firm Baker & McKenzie as its first female chairman from 1999 to 2004, doesn't pull any punches, carries a good deal of clout in the world of international finance and she's a woman. The last credential, the paper notes, can't hurt the IMF at this crucial point, as the organization is working to get back on track and back to business in an effort to distance itself from the sexual assault scandal surrounding Strauss-Kahn. (Strauss-Kahn issued a letter of resignation as managing director of the IMF late Wednesday.) "What's happened with Strauss-Kahn underscores how great it would be to have a woman in the role," Kenneth S. Rogoff, a Harvard University professor and a former IMF chief economist, told the Times. Should she succeed Strauss-Kahn as chair of the IMF, Lagarde would be the first woman to run the fund. (Several media outlets have singled out Lagarde as a favorite, including Reuters and The Guardian.) Gender is a factor, but that's secondary to her intellect and abilities, Rogoff said. "She is enormously impressive, politically astute and a strong personality," he said. One drawback that's getting a lot of attention is Lagarde's French nationality. For 26 of the past 33 years, the IMF has been led by a French national, Reuters reports. The backlash in the wake of Strauss-Kahn's alleged assault could make it that much harder for another French person to be elected. Also, the current state of affairs reportedly has set off a power play within the IMF, as emerging market countries are expected to try and break Europe's longstanding hold on the job, according to Reuters.
CARD 14
Criminal Court Seeks Gadhafi's Arrest for Crimes Against Humanity The International Criminal Court prosecutor asked judges Monday to issue arrest warrants for Libyan leader Moammar Gadhafi and two other senior members of his regime, accusing them of committing crimes against humanity by targeting civilians in a crackdown against rebels. Luis Moreno-Ocampo says Gadhafi, his son Seif al-Islam Gadhafi and intelligence chief Abdullah al-Sanoussi ordered, planned and participated in illegal attacks. He said Gadhafi's forces attacked civilians in their homes, shot at demonstrators with live ammunition, shelled funeral processions and deployed snipers to kill people leaving mosques. Judges must now evaluate the evidence before deciding whether to confirm the charges and issue international arrest warrants. "The case is now in their hands," Moreno-Ocampo told reporters at a press conference. The warrants are not expected to have any immediate impact on the war in Libya, but they could make it harder for their targets to end the conflict by going into exile. Because the Security Council ordered the ICC investigation, all U.N. member states would be obliged to arrest him if he ventures into their territory. Moreno-Ocampo said he had evidence of Gadhafi issuing orders, his son organizing the recruitment of mercenaries and of Al-Sanoussi's direct involvement in attacks on demonstrators. Moreno-Ocampo said that the persecution is continuing in areas under Gadhafi's control. "Gadhafi's forces prepare lists with names of alleged dissidents. They are being arrested, put into prisons in Tripoli, tortured and made to disappear," he said.
"These are not just crimes against Libyans, they are crimes against humanity as a whole," he added.
CARD 15
Foreign Nationals Push for Right to Make Contributions to U.S. Political Campaigns Lawyers for a Sidley Austin associate and a doctor on Thursday urged a three-judge panel in Washington, D.C., to find unconstitutional the inability of foreign nationals who live and work in the United States from making monetary contributions to political candidates. The associate, Benjamin Bluman, and the doctor, Asenath Steiman, sued the Federal Elections Commission in October in Washington federal district court, saying the restrictions imposed on them violate First Amendment speech rights. Bluman, who practices in Sidley's mergers and acquisition group in Manhattan, is a native of Canada. Bluman said in the suit he wants to contribute money to Diane Savino, a Democratic state senator in New York who is a proponent of same-sex marriage. Bluman also intends to print and distribute flyers to support President Barack Obama's re-election campaign. Arguing for the plaintiffs Thursday in front of a three-judge panel, Jones Day associate Warren Postman called the FEC position "extreme" and said Bluman and Steiman should not be excluded from the political speech as lawful, if not permanent, residents of the United States. "If there is a concern about speech, the solution is more speech," Postman told U.S. District Judges Ricardo Urbina and Rosemary Collyer, who heard the case with Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. The panel heard argument for more than an hour in the ceremonial courtroom of the federal district courthouse in downtown Washington. Collyer said she was troubled by what she described as Postman's "black and white" view of the First Amendment. Collyer said the First Amendment is not "all or nothing." The judge noted the plaintiffs are permitted to advocate orally for the candidate and the cause of their choice. Bluman and Steiman, Collyer said, can volunteer in a campaign headquarters and speak on public radio for or against a candidate. "They can't contribute money," she said. "But they can contribute in other ways."
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.
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.
CARD 18
Tribunals in the UK
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.
The system of courts in the United Kingdom is supplemented by a substantial number of tribunals, set up by Acts of Parliament. They are described in the guidance given to government departments as:
"those bodies whose functions, like those of courts of law, are essentially judicial. Independently of the Executive, they decide the rights and obligations of private citizens towards each other and towards a government department or public authority." Report of Council on Tribunals
The growth in the number and importance of tribunals is closely related to the development of an increasingly active welfare state with legislation covering areas previously considered private. Some examples are:
• Social Security Appeal Tribunal
• Employment Tribunal
• Mental Health Review Tribunal
• Immigration Appeal Tribunal
• Lands Tribunal
Some tribunals have a significant effect in the areas of law involved. However, they are nonetheless inferior to the courts and their decisions are subject to judicialreview - examination by a higher court of the decision-making process in a lower court.
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 are 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 in-house counsel or in government departments like the Crown Prosecution Service. Many work independently in self-employed practice in groups called chambers or sets and practise 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
Legal practitioners Solicitors
Lawyers in the United Kingdom jurisdictions generally practise as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. They can each do advocacy, draft legal documents and give written advice, but solicitors, unlike barristers, cannot appear in every court.
Traditionally, solicitors undertake work such as conveyancing, and drawing up contracts and wills. Barristers spend more time in court and have a right of audience in the higher courts. Unlike solicitors, barristers cannot usually be employed directly by clients but are instructed by solicitors. Solicitors normally form partnerships with other solicitors and work in offices with support staff. The qualification and practice of solicitors are regulated by the Law Society.
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 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.
CARD 25
Legal History
What is law? Law and legal system is the natural outcome of people living together and dealing with each other. Law was systematically discovered based on historical experience and historical events of generations for years and centuries.
In the Mesopotamia region of Babylonia tribal customs were converted into social laws thousands of years ago. Laws also existed in ancient Greece. Our knowledge of ancient Greek laws come from various Homeric writings. As well, the Roman law was the legal system not only in ancient Rome, but was applied throughout Europe until the eighteenth century. Many European modern laws are still influenced by Roman law. English and North American common and civil laws also owe some debt to Roman ancient 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.
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.
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. While the concept of codification dates back to the Code of Hammurabi in Babylon about 1790 BC, civil law systems mainly derive from the Roman Empire. This was an extensive reform of the law in the Byzantine Empirebringing it together into codified documents. Civil law was alsopartly 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, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law.
CARD 28 Crime in our society
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.
Crime has been around us for many centuries. Every day when we open a newspaper or turn on TV almost all we read or hear is about criminals and their illegal actions. According to the law, people who commit a crime must be punished, imprisoned or even sentenced to a death penalty. Without punishment our life in the society would be less secure, although sometimes punishment isn’t strict enough, to my mind.
Some kinds of crimes are as old as the human society (such as stealing, pick-pocketing, vandalism, assault or domestic violence, murder and manslaughter), others are a more recent phenomenon. Armed robbery of stores and banks, hacking into computers (so called “cyber frauds”), corruption or forgery of money and documents, for instance, are some of them. The 20th century has also seen the appearance of organized crimes such as drug-trafficking, drug-smuggling and hijacking. Statistics show an alarming rise of violent crimes and crimes to do with the illegal sale of arms across the world. Unfortunately, women and children often become the victims of crime. Sometimes criminals kidnap rich people or their kids and ask for a ransom to be paid for them.
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 writtem 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.
6.3. Примерный перечень комплексных практических контрольных заданий к зачету с оценкой для оценивания результатов обучения в виде ВЛАДЕНИЙ
Задание: перевести предложения по юридической тематике с русского языка на английский (компетенции: ОК-5, ОПК-5, ОПК-7)
Translate the sentences from Russian into English.
1. Борьба с организованной преступностью относится к компетенции специальной полиции - Агентства по борьбе с серьезной организованной преступностью (Serious Organised Crime Agency - SOCA).
2. Важную роль в борьбе с организованной преступностью играет Королевская прокурорская служба (Crown Prosecution Service - CPS).
3. В Великобритании понимают важность эффективной борьбы с организованной преступностью, которая превратилась в хорошо организованный бизнес с огромными финансовыми ресурсами.
4. Органы внутренних дел, прокуратура, суд являются участниками широкого круга правоотношений, возникающих в сфере борьбы с преступностью.
5. В настоящее время руководством МВД РФ предусмотрены системные меры профилактики и противодействия коррупции, охватывающие все этапы службы сотрудника.
6. При выработке современных стратегий борьбы с коррупционными преступлениями необходимо делать акцент на усиление институтов государственной власти.
7. Необходимо провести реорганизацию правоохранительных органов, которая бы позволила улучшить эффективность их работы.
8. Судья персонально реализует властные полномочия, опираясь в своей деятельности на конституционные принципы.
9. Существенным вопросом, влияющим на соблюдение прав и законных интересов граждан, является соблюдение судами сроков рассмотрения дел.
10. Ряд нормативно-правовых актов регламентирует деятельность общественных организаций и их связь с общественными организациями.
11. Свидетель на суде сообщил о незаконном получении подозреваемым крупной суммы денег.
12. Европейский Суд пришел к выводу, что в демократическом обществе не было необходимости в привлечении обвиняемого к уголовной ответственности.
13. Европейский Суд придерживается того мнения, что осуждение подсудимого в уголовном порядке не может быть легитимным, согласно международному праву.
14. Дело касается отказа полиции позволить адвокату, нанятому родителями заявителя, представлять его интересы во время допроса в отделении полиции по подозрению в совершении нескольких убийств, ограбления и поджога.
15. Заявитель признался в совершении преступлений, выписав доверенность на представление своих интересов другому адвокату.
16. Европейский Суд признал, что полиция не сообщила заявителю ни о возможности воспользоваться услугами адвоката, нанятого его семьей.
17. Во время допроса заявитель признался в совершении преступлений, в которых он обвинялся, а его признание было принято судом в качестве доказательства.
18. Заявитель, проживающий в Сахалинской области, жаловался на применение к нему насилия сотрудниками полиции в целях получения признательного показания.
19. В журнале рассматриваются актуальные проблемы теории и практики российского, зарубежного и международного права.
20. Меры направлены на совершенствование законодательства и правоприменительной практики в области гражданского, налогового,
банковского, авторского, международного, частного и других отраслей права.
21. Термин «защита», составляющий основу понятия «защитник», применяется законодателем в двух значениях – широком (общеправовом) и узком (отраслевом).
22. Закон определяет, что представитель имеет те же правомочия, которыми обладает представляемое лицо.
23. Это общеправовые полномочия адвоката, предоставленные ему в силу принадлежности к профессиональному сообществу юристов-правозащитников. Следователи, суды нередко отказывают адвокату в удовлетворении ходатайств о допросе опрошенного очевидца.
24. Закон Республики Казахстан от 8 января 2003 г. № 373-II не содержит отдельной нормы, раскрывающей сущность инвестиционного режима, применяемого по отношению к иностранным инвесторам.
25. Статья 9 Закона Республики Узбекистан от 30 апреля 1998г. № 609-I «Об иностранных инвестициях» определяет предусмотренный для иностранных инвесторов и иностранных инвестиций режим, как справедливый и равноправный.
26. 1 января 2008 г. вступил в силу Закон, предусматривающий реформу страхового права Германии.
27. Страховщик несёт ответственность за ущерб, если он не выполняет обязательство дать разумный совет и предоставить документацию.
28. Судебное разбирательство представляет собой специфическую процессуальную форму правосудия.
29. Доказывание гражданского иска, предъявленного в уголовном деле, производится, как вытекает из смысла закона, по правилам, установленным уголовно-процессуальным законодательством.
30. При большом количестве потерпевших суд вынужден назначать их явку на разные дни, недели и даже месяцы, поскольку одновременное их участие в судебном разбирательстве просто невозможно.