Иностранный язык в юриспруденции
Задание: Выберете правильный ответ, и обоснуйте свой выбор (Choose the right answer and justify your choice)
Тема 1. Отрасли права
(Branches of Law)
1. Choose the right variant:
______________is the body of law that regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people.
a) Criminal law
b) Civil law
c) Business law
2. Choose the suitable grammar form for the following sentences:
There are some state institutions ______________ the life of the society.
a) regulate
b) regulating
c) regulated
3. Choose the suitable synonym for the following words: legislation –
a) judging people
b) making laws
c) special laws
4. State what part of speech the following words are: legislative
a) verb
b) adverb
c) adjective
5. State what part of speech the following words are: legislature
a) noun
b) verb
c) adverb
6. State what part of speech the following words are: legislate
a) noun
b) verb
c) adjective
7. State what part of speech the following words are: legally
a) verb
b) adverb
c) adjective
8. State what part of speech the following words are: unity
a) noun
b) verb
c) adverb
9. Insert the appropriate word into the sentence:
In the eleventh century lay courts and church courts were separated and each had its own …
a) statute
b) rules
c) jurisdiction
10. Insert the appropriate word into the sentence:
….. is built up by the judges since the Norman Conquest.
a) law of equity
b) substantive law
c) case law
11. Insert the appropriate word into the sentence:
In civil law a private citizen begins …to establish rights against another citizen or a group of citizens.
a) a legal action
b) a trial
c) a court
12. Insert the appropriate word into the sentence:
…was applied in medieval times in courts in coastal towns and in market towns.
a) Maritime law
b) Law merchant
c) Сanon law
13. Insert the appropriate word into the sentence:
Common is …. law.
a) a written law
b) a half written law
c) an unwritten law
14. Insert the appropriate word into the sentence:
This body is … the work of the courts.
a) to supervise
b) to enact
c) to draft
15. Insert the appropriate word into the sentence:
The courts of different instances… in the Russian Federation.
a) pay attention
b) supervise
c) administer justice
16. Insert the appropriate word into the sentence:
Criminal offences are the offences against the State and … by the State.
a) available
b) possible
c) punishable
17. Insert the appropriate word into the sentence:
…lays down the rules governing the manner in which a right is enforced under the civil law in court or a crime prosecuted in the trial.
a) Constitutional Law
b) Substantive Law
c) Procedural Law
18. Insert the appropriate word into the sentence:
… may be defined as a rule of human conduct imposed upon and enforced among the members of a given state.
a) Statute
b) Jurisdiction
c) Law
19. Insert the appropriate word into the sentence:
The chief characteristic of law is that is… by the State.
a) broken
b) made
c) enforced
20. They do not depend … the freedoms and status accorded … citizens in particular societies.
a) of, to
b) on, to
c) of, with
21. Choose the word according to the definition:
The law and its administration is …
a) authority
b) supervision
c) justice
22. Choose the necessary verb form:
If he … a good lawyer, he … more inquisitive. But he hadn’t met his obligations.
a) was, should be
b) were, would be
c) is, must be
23. Choose the suitable suffix to form the new words: prevent
a) or
b) ly
c) - ive
24. Choose the proper suffix to compose the new words: legislate
a) ion
b) al
c) ment
25. Choose the suitable suffix to form the new words: law
a) cy
b) ful
c) ence
26. Choose the suitable suffix to form the new words: supreme
a) cy
b) fid
c) ence
27. Choose the suitable suffixes to form the new words: execut
a) er
b) ive
c) ist
28. Choose the suitable synonyms for the following words: publish -
a) protect
b) punish
c) issue
29. Insert the appropriate word into the sentence:
For a layman, it is important to understand that there are many_________, each catering to a particular branch.
a) shareholders
b) lawyers
c) directors
30. Insert the appropriate word into the sentence:
This branch deals with the income tax and other tax-related disputes between __________ or companies and the Federal government.
a) owners
b) families
c) individuals
Тема 2. Гражданское право, Предпринимательское право, Семейное право,
Международное частное право
(Civil Law, Business Law, Family Law, International Private Law)
1. Choose the right variant:
One common form of police corruption is soliciting and/or accepting ________ in exchange for not reporting organized drug or prostitution rings or other illegal activities.
a) children
b) bribes
c) commissions
2. Choose the right variant:
A _____ is a payment given personally to a government official in exchange of his use of official powers.
a) act
b) outflow
c) bribe
3. Choose the right variant:
Bribery requires two _________: one to give the bribe, and one to take it.
a) participants
b) games
c) responds
4. Choose the right variant:
Corrupt dictators routinely ignore economic and social problems in their quest to ____ ever more wealth and power.
a) reduce
b) amass
c) cut
5. Choose the right variant:
There are two methods of corruption of the judiciary: the _____ (through budget planning and various privileges), and the private.
a) authentic
b) local
c) state
6. Choose the right variant:
Regardless of cause, capital outflowing is generally perceived as always undesirable and many countries create ______ to restrict the movement of capital out of the nations' borders.
a) dramas
b) cities
c) laws
7. Choose the right variant:
_________ are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit.
a) Organized help
b) Organized crime
c) Unorganized crime
8. Choose the right variant:
Organized crime often _____ businesses through the use of extortion or theft and fraud activities like hijacking cargo trucks, robbing goods etc.
a) victimize
b) help
c) determine
9. Choose the right variant:
Identity theft is a form of _____ or cheating of another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name.
a) donation
b) trade
c) fraud
10. Choose the appropriate Russian equivalent:
The company may rent any facilities referenced in the Contract to the parties.
a) обоснованный
b) указанный
c) доказанный
11. Choose the appropriate Russian equivalent:
Some circumstances can permit the parties to breach the Contract.
a) запретить
b) позволить
c) аннулировать
12. Choose the appropriate Russian equivalent:
The Client shall inform the Hotel of the exact number of attendees.
a) иммигранты
b) посетители
c) грабители
13. Choose the appropriate Russian equivalent:
The Hotel will be responsible for any damage in case of the Hotel’s negligence.
a) ущерб
b) ушиб
c) риск
14. Choose the appropriate Russian equivalent:
Here are the main transaction documents: letter of enquiry, quotation, order form, invoice.
a) коммерческое предложение
b) запрос
c) письмо с вопросом
15. Choose the appropriate Russian equivalent:
A telegraphic transfer involves a set of instructions sent to a correspondent bank abroad by cable, requiring that bank to pay over a sum of money to a beneficiary.
a) банковский перевод
b) телеграфный перевод
c) телеграфический перевод
16. Choose the appropriate Russian equivalent:
International payments are made with bill of exchange, drafts, promissory notes etc.
a) вексель
b) билль об обмене
c) предъявитель
17. Choose the appropriate Russian equivalent:
European states were concerned to see that the dispute resolved.
a) разногласия
b) побег
c) агрессия
18. Choose the appropriate Russian equivalent:
The conflict was settled by the mediation board.
a) медийная инспекция
b) собрание директоров
c) конфликтная комиссия
19. Choose the appropriate Russian equivalent:
The Government admitted responsibility for the act and was willing to apologize.
a) принести извинения
b) выплатить компенсацию
c) выступить с заявлением
20. Choose the appropriate Russian equivalent:
The case drew media attention.
a) привлекать внимание
b) отвлекать внимание
c) не обратить внимание
21. Choose the appropriate Russian equivalent:
Jurists will note that the outcome of the intergovernmental dispute was based on an individual’s concept of fairness.
a) причина рассуждения
b) подоплека обсуждения
c) результат обсуждения
22. Choose the appropriate Russian equivalent:
The very idea of human rights becomes meaningless when claims are confused with entitlements.
a) предприятие
b) титул
c) право
23. Choose the appropriate Russian equivalent:
Mass violation of human rights becomes inappropriate reality.
a) равнодушие
b) соблюдение
c) нарушение
24. Choose the appropriate Russian equivalent:
If you have plans of hijacking an aircraft, there is a law under which you can be prosecuted.
a) перепродать
b) купить
c) угнать
25. Choose the appropriate Russian equivalent:
Croatia risks losing its diverse forests due to legal gaps in the new bill.
a) неприятность
b) брешь
c) издержки
26. Choose the correct translation of the following Russian sentence:
В этой тюрьме Нью-Йорка много политзаключённых.
a) Many political prisoners are in this New York jail.
b) In this New York jail are many political prisoners.
c) There are many political prisoners in this New York jail.
27. Choose the suitable form of the verb for the following sentences:
The representative of the Cabinet ____________ to give any information.
a) refused
b) has refused
c) was refusing
28. Choose the proper suffix to compose the new words: colony
a) ion
b) - al
c) ic
29. Choose the right variant:
The distinguishing feature of the civil law system is that its legal authority is organized into written _______________.
a) regulations
b) articles
c) codes
30. Choose the right variant:
The __________ law system is derived from Roman law and is found in much of continental Europe, Central America, South America, and several other regions
a) Civil
b) Criminal
c) International
Тема 3. Уголовное право, Криминология, Уголовно-исполнительное право,
Финансовое право
(Criminal Law, Criminology, Criminal and Penal Law, Financial Law)
1. Choose the right variant:
________ is the process of concealing the source of money obtained by illicit means.
a) Money issuing
b) Money laundering
c) Money exchange
2. Choose the right variant:
Bank employees, such as tellers and customer account representatives, are trained in anti-money laundering and are instructed to ______ activities that they deem suspicious.
a) report
b) ban
c) create
3. Choose the right variant:
The principal money laundering offences carry a maximum penalty of 14 years ______.
a) resort
b) imprisonment
c) holidays
4. Choose the right variant:
______ is an economic term describing capital flowing out of (or leaving) a particular economy.
a) Capital outcome
b) Capital outflow
c) Capital outfly
5. Choose the right variant:
Most banks operate under a system known as fractional reserve banking where they hold only a small _____ of the funds deposited and lend out the rest for profit.
a) purchase
b) reserve
c) steal
6. Choose the right variant:
Banks act as payment agents by conducting checking or current accounts for customers, paying checks drawn by customers on the bank, and collecting checks deposited to ____.
a) customers' current accounts
b) director’s current account
c) employees’ current accounts
7. Choose the right variant:
Banks borrow money by accepting funds deposited on current accounts, by accepting term deposits, and by issuing debt securities such as banknotes and _____.
a) bonds
b) newspapers
c) obligations
8. Choose the right variant:
Banks _______ from card products through interest payments and fees charged to consumers and transaction fees to companies that accept the credit- debit - cards.
a) go bankrupt
b) make money
c) demolish
9. Choose the right variant:
Banks face a number of ______ in order to conduct their business, some of which can be really dangerous.
a) risks
b) savings
c) applications
10. Choose the right form of the word:
Banks are _______ to many forms of risk which have triggered occasional systemic crises.
a) suscepting
b) suscepted
c) susceptible
11. Choose the right form of the word:
Currently commercial banks are regulated in most ______ by government entities and require a special bank license to operate.
a) jurists
b) jurisdictions
c) jurisdictionaries
12. Choose the right form of the word:
A _____ is a substance which may have medicinal, intoxicating, performance enhancing or other effects when taken or put into a human body.
a) drug dealer
b) drugstore
c) drug
13. Choose the right form of the word:
Drug _________ is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise.
a) posing
b) possession
c) position
14. Choose the right form of the word:
When produced, ________ or possessed under license, otherwise prohibited drugs are known as controlled drugs.
a) supplied
b) supply
c) supplying
15. Choose the right form of the word:
Drug prohibition law is based on the view that some drugs are so _______ or dependence inducing and so dangerous, that they should be rarely, if ever, used.
a) addictionative
b) addictive
c) addictiving
16. Choose the right form of the word:
Addiction to a prohibited drug may not be considered a ______ reason for using it, even if the drug is obtained from a licensed source.
a) legitimate
b) legitimation
c) legitimating
17. Choose the right form of the word:
_______ is the practice of engaging in risky financial transactions in an attempt to profit from short or medium term fluctuations in the market value of a tradable good.
a) Speculate
b) Speculation
c) Speculator
18. Choose the right form of the word:
_____ fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction.
a) Credit card
b) Crediting card
c) Credits card
19. Choose the appropriate Russian equivalent:
It is impossible to calculate the revenue if you are not an accountant.
a) налог
b) расход
c) доход
20. Choose the appropriate Russian equivalent:
The charges against the criminals were altered to manslaughter.
a) непредумышленное убийство
b) резня
c) запланированное убийство
21. Choose the appropriate Russian equivalent:
The criminal acknowledged that he had committed the murder.
a) убеждал
b) отрицал
c) признал
22. Choose the appropriate Russian equivalent:
President has called for new laws aimed at cutting taxes for citizens.
a) отрезать излишки
b) вызывать такси
c) снижать налоги
23. Choose the suitable grammar form for the following sentences:
Look! The police ______________ the workers.
a) attack
b) are attacking
c) is attacking
24. Choose the proper translation of the following legal term: Burglary
a) грабёж
b) кража со взломом
c) похищение человека с целью выкупа
25. Choose the proper translation of the following legal term: capital punishment
a) наказуемый проступок
b) смертная казнь
c) обвинительное заключение
26. Choose the proper translation of the following legal term: Manslaughter
a) умышленное убийство
b) мелкое преступление
c) неумышленное убийство
27. Choose the proper translation of the following legal term: Swindling
a) жульничество
b) неуважение к суду
c) повестка в суд
28. Choose the proper translation of the following legal term: Misdemeanor
a) смертная казнь
b) наказуемый проступок
c) истец
29. Choose the right variant:
The procedural body of law that accompanies criminal law is known as ___________procedure - this is concerned with ensuring a fair trial to the accused.
a) civil
b) criminal
c) legal
30. Choose the right variant:
________ law is a very large area of the law, which can encompass municipal law, superior court and appellate court criminal practice, federal court practice, domestic violence and juvenile court in the Family Part, sentencing, and probation and parole violations.
a) Administrative
b) Criminal
c) Municipal
Тема 4. Публичное право, Конституционное право, Импичмент, Правовое обеспечение кибербезопасности
(Public Law, Constitutional Law, Impeachment, Legal ensuring of cybersecurity)
1. Choose the right variant:
_________ is illegal interference with the process of an election.
a) Electricity fraud
b) Electronic fraud
c) Electoral fraud
2. Choose the right variant:
A _________ is a lawyer who gives legal advice to his client and may represent him in court.
a) judge
b) trustee
c) solicitor
3. Choose the right variant:
In law “to appeal” is to ask a higher court to change the _____ already given by a lower court.
a) property
b) judgment
c) criminals
4. Choose the right variant:
_______ is the abuse of public power, office, or resources by elected government officials for personal gain.
a) Political syndrome
b) Political system
c) Political corruption
5. Choose the right variant:
Some espouse that all organized crime operates at an international level, though there is currently no international court capable of _____ offences resulting from such activities.
a) buying
b) forgiving
c) trying
6. Choose the right form of the word:
The statutes and regulations in force within a particular jurisdiction may also modify the above terms and/or create new rights, ______ or limitations relevant to the bank-customer relationship.
a) obligations
b) obligatories
c) obliges
7. Choose the right form of the word:
In the broadest sense, the term ________ refers to any business not owned by the state.
a) privating corporation
b) privates corporation
c) private corporation
8. Choose the right form of the word:
In countries with public trading markets, a ______ held business is generally taken to mean one whose ownership shares or interests are not publicly traded.
a) privately
b) privateous
c) privatiously
9. Choose the right form of the word:
Private companies may be called corporations, limited companies, or other names, ____ on where and how they are organized.
a) depending
b) dependenting
c) independent
10. Choose the right form of the word:
Critics argue that privately-owned companies _____ their workers, and that the workers do not receive the full product of their labor.
a) exploit
b) explode
c) explore
11. Choose the right form of the word:
A public company, is a limited liability company that offers its securities for sale to the general public, typically through a stock _____.
a) exchangings
b) exchange
c) exchanger
12. Choose the right form of the word:
Publicly traded companies are able to raise ___ and capital through the sale of their securities, whether debt or equity.
a) foundatings
b) fundaments
c) funds
13. Choose the appropriate Russian equivalent:
Many organizations try to protect the environment we live in.
a) круговорот
b) жилищные условия
c) окружающая среда
14. Choose the appropriate Russian equivalent:
The Company was established in 1993.
a) закрыть
b) учредить
c) обосновать
15. Choose the appropriate Russian equivalent:
Impeachment is the constitutional remedy.
a) доверие
b) средство
c) обязанность
16. Choose the appropriate Russian equivalent:
The Impeachment procedure is outlined in the Constitution.
a) излагать
b) вычеркнуть
c) искажать
17. Choose the suitable grammar form to fill in the blanks:
The president __________ these judges.
a) appointing
b) appoints
c) is appointed
18. Choose the suitable synonyms for the following words: suffrage –
a) elector
b) voter
c) vote
19. Choose the word according to the definition:
Law enforcement agencies are to:
a) protect the citizens
b) impose the observance of law
c) charge the citizens with a crime
20. Choose the word according to the definition:
To repeal the law means:
a) to annul the law
b) to pass the law
c) to enact the law
21. Choose the necessary verb form:
In the Russian Federation local government …and …
a) recognized, guaranteed
b) is recognized, guaranteed
c) was recognized, guaranteed
22. Choose the necessary verb form:
When… the Constitution of the Russian Federation …?
a) … adopted
b) was … adopted
c) were …adopted
23. Choose the suitable suffix to form the new words: use
a) cy
b) ful
c) ence
24. Choose the suitable suffixes to form the new words: social
a) er
b) ive
c) ist
25. Choose the suitable suffixes to form the new words: threat
a) fy
b) en
c) ment
26. Choose the suitable synonyms for the following words: magistrate -
a) layman
b) professional
c) justice of the peace
27. Choose the proper translation of the following legal term: Innocent
a) виновный (в чём)
b) невиновный (в чём)
c) подсудимый
28. Choose the proper translation of the following legal term: Embezzlement
a) подлог или подделка документа
b) мошенничество
c) взятка
29. Choose the right variant:
The absence of effective international legal ____________on cyberspace has largely been discussed in theoretical and policy-making debates as the complexities in cyberspace render difficult for actors to come into agreements, let alone making agreeable binding law.
a) instruments
b) questions
c) lawyers
30. Choose the right variant:
The binding and well-adjudicated international law on cyberspace does not effectively apply to states given challenges taken place in ____________ law related to jurisdiction, arbitration, and legal instruments and jurisprudences.
a) Constitutional
b) Public International
c) European
Тема 5. Судебное разбирательство: Гражданский и Уголовный процессы
(Judicial Proceedings: Civil Trial and Criminal Trial Procedures)
1. Choose the appropriate Russian equivalent:
The Court’s judgment did not satisfy the defense.
a) решение суда
b) заседание суда
c) зал суда
2. Choose the appropriate Russian equivalent:
The Court decision was not unanimous.
a) анонимный
b) единогласный
c) не единый
3. Choose the suitable suffix to form the new words: jury
a) or
b) rnent
c) ive
4. Choose the suitable suffixes to form the new words: justice
a) en
b) ify
c) ment
2. Choose the proper suffix to compose the new words: judge
a) ion
b) al
c) ment
3. Choose the suitable suffix to form the new words: innocent
a) cy
b) fill
c) ence
7. Choose the proper translation of the following legal term: Abuse of power
a) приговорить к смертной казни
b) злоупотребление властью
c) неуважение к суду
8. Choose the suitable suffix to form the new words: chair
a) ian
b) man
c) able
9. Choose the suitable form of the translation of the following sentences:
The defendant believed he hadn't been guilty.
a) Ответчик полагал, что он невиновен.
b) Ответчик полагал, что он не был виновен.
c) Ответчик верил, что он не был виновен.
10. Choose the suitable grammar form to fill in the blanks:
The jury __________ in the most serious cases.
a) uses
b) is used
c) using
11. Choose the suitable grammar form for the following sentences:
The legislation ____________ by this department is very important.
a) prepare
b) preparing
c) prepared
12. Choose the suitable form of the verb for the following sentences:
We ____________ this case yesterday.
a) discussed
b) have discussed
c) were discussing
13. Choose the suitable synonyms for the following words: force -
a) lighting
b) strength
c) forth
14. Choose the suitable synonym for the following words: honour -
a) respect
b) duty
c) right
15. Choose the suitable synonym for the following words: to strengthen –
a) to make stronger
b) to threaten
c) to find guilty
16. Choose the suitable synonyms for the following words: to argue –
a) to disagree
b) to advise
c) to change
17. Choose the suitable synonyms for the following words: to defeat –
a) to control
b) to date back
c) to win a victory
18.Choose the suitable antonyms for the following words: innocent –
a) alive
b) excited
c) guilty
19. Choose the suitable antonyms for the following words: to release –
a) to care
b) to exhibit
c) to execute
20. Choose the word according to the definition:
To show beyond doubt to be true is …
a) to cause
b) to urge
c) to prove
21. Choose the necessary verb form:
At last the problem… by joint efforts of the people present in the courtroom.
a) was solved
b) was being solved
c) had been solved
22. Choose the necessary verb form:
Today judges may … the common law within narrow limits.
a) to develop
b) to be developed
c) develop
23. Choose the proper translation of the following legal term: Attorney for the plaintiff
a) адвокат истца
b) адвокат по защите
c) прокурор
24. Choose the proper translation of the following legal term: Bailiff
a) судебный пристав
b) преступник
c) подсудимый
25. Choose the suitable grammar form for the following sentences:
___________ by his work he can do more than this.
a) Judged
b) Judging
c) Judge
26. Choose the suitable synonyms for the following words: precedent -
a) judgment
b) appeal
c) analogy
27. Choose the suitable synonym for the following words: just –
a) progressive
b) numerous
c) fair
28. Choose the word according to the definition:
… is a violation or breach of a law, custom, rule.
a) An order
b) A criminal
c) An offence
29. Choose the right variant:
The ____________ judicial procedure of each country is specific; it reflects the existing legal, national, and cultural traditions, but at the same time it cannot stand off the world trends in the civil procedure development.
a)
b)
c) civil
30. Choose the right variant:
The RF ____________ contains such adversarial institutions as: the exchange of pleadings, the disclosure of the evidence (the answer to the complaint is the defendant’s defendant), the preliminary hearings, etc.
a) Commercial Procedure Code
b) Criminal Procedure Code
c) Civil Procedure Code
Задание: Прочитайте текст по юридической тематике, и передайте основную мысль на английском языке в пяти предложениях, используя выделенные юридические термины (Read the text on legal topics. Give the main idea of the text in five sentences in English using the italicized legal terms)
Тема 1. Отрасли права (Branches of Law)
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ABA Accreditation for Law School in China Runs Up Against U.S. Job Fears Anthony Lin All Articles The Asian Lawyer 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 starstudded 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 Foxdesigned 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. "As a long-time ABA member, I have no doubt why so many people refuse to join the association or leave shortly after joining," wrote Kelley Drye & Warren partner Steven Moore. "This proposal makes absolutely no sense, unless we just want to implode the legal field in the United States and get our unemployment rate in the double digits for decades to come." A number of law student groups have voiced similar economic arguments. The student bar association of the University of Nebraska-Lincoln College of Law said the proposal would have "an unjustifiable impact upon employment for current and future attorneys from the United States." Several law school deans expressed concern that accrediting foreign schools would undermine their L.L.M. programs. Such programs, they argue, offer foreign law students critical immersion in U.S. culture they would not receive at overseas schools like STL. Fordham Law School Dean Michael Martin wrote that lower-cost overseas schools could under-price U.S. schools, leading to a "race to the bottom" that "would ultimately have the effect of eroding our system of legal education."
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DLA Piper Loses 6 Canberra Partners to HWL Ebsworth Jessica Seah All Articles The Asian Lawyer 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. The moves come amid a shift in strategy among Australia's largest firms that has seen a number of partners switch to midsized practices in recent months. DLA Phillips Fox's merger with DLA Piper has led to a boon for smaller firms. Thomsons Lawyers took on nine partners from the firm's Brisbane office in March. Sydney's Moray & Agnew hired DLA Phillips Fox insurance partner Peter Tredinnick and his team of associates in the same month.
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The English word "law" means various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the law of gravity; another is laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example, the speed limits are laws that prescribe how fast we should drive. In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is informal rules of social and moral behavior. Some are rules we accept if we belong to particular social and cultural groups. And some are laws made by nations and enforced against all citizens. Customs need not be made by governments, and they need not be written down. We learn how we are to behave in society through the instruction of family and teachers, the advice of friends, etc. Sometimes, we can break these rules without any penalty. But if we continually break the rules, other members of society may criticize us, or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually guided by many such informal rules. The rules of social instructions are more formal than customs, carrying penalties for those who break them. Sports clubs, for example, often have detailed rules for their members. But if a member breaks a rule and refuses to accept any punishment, the club may ask him or her to leave the club. However, when governments make laws for their citizens, they use a system of courts and the police to enforce these laws. Of course, there may be instances where the law is not enforced against someone - such as when young children commit crimes, or when certain people are able to escape justice by using their money or influence.
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Employment rises above historic median despite drop in bar passage rates The employment rate for law school graduates may have just passed its historic median. The American Bar Association reported last week that the percent of graduates who held fulltime, long-term, Bar Passage Required or J.D. Advantage jobs roughly 10 months after graduation increased from 70 percent for the class of 2015 to 73 percent for the class of 2016. Those figures rise to 75 percent for the class of 2016 when excluding students pursuing a graduate law degree and including short-term positions, a figure that matches the median from 2001 to 2008, when NALP collected employment data and did not separate short-term from long-term positions. What makes the class of 2016 employment rate even more impressive is that the percent of graduates who landed a full-time jobs may be higher than the percent who passed the bar exam. While The ABA has not released bar passage data for the class of 2016, several states have reported further declines in passage rates, meaning the national rate should be less than the 75.6 percent that was posted for the class of 2015. Of the class of 2016, 74.3 landed full-time jobs and 78.6 percent had full or part-time jobs (64.5 percent had jobs that required bar exam passage, and an additional 14.1 percent had JD preferred jobs). From 2001 to 2008, the first time bar passage rate for ABA graduates hovered between 78 and 83 percent, with 85 to 90 percent of those graduates landing bar exam-required jobs. The class of 2016 appears to have followed the same pattern, with the number of bar exam-required jobs at a minimum of 90 percent of the number of graduates who passed the bar. Many observers have pointed out that the number of jobs actually declined, and the percent only increased because the class of 2016 was 7 percent smaller than the class of 2015. Indeed, the number of graduates was more than 30 percent smaller than in 2011, when employment reached its low. Critics say this is a reflection of a legal market that continues to struggle.
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Alcohol Crimes and Juveniles - What Are the Possible Charges? Juveniles often suffer greater charges when caught with alcohol than their adult counterparts because the judge wants to ensure they understand the message, and there are additional serious concerns when someone under the age drinks. Charges can include possession, drinking and driving, driving under the influence and open can crimes. When the teen is in possession of alcohol, he or she can also commit other crimes at the same time. These generally consist of driving while intoxicated or drinking with open cans in the car and driving. Others may not drink the alcohol but may still face charges for the open can. If one teen is giving another teen alcohol, he or she can contribute to the delinquency of a minor. The consumption of these beverages is the crime when the juvenile is not already 21 in the country. If driving while consuming alcohol, the person can face charges with any blood alcohol content at all. One particularly negative charge is that of drinking and driving. The teen does not need to have the national blood alcohol content level of 0.08 to face these charges. Any BAC or if the state uses the 0.02, the juvenile could become detained. Police may arrest the individual, may detain him or her at the local police station or could use a field sobriety test or a breathalyzer machine. It is important to have accurate readings whether through blood or breath. When the officer has experience with the machine, this is possible. Even if the teen is under the age, he or she can contribute to the delinquency of another minor by providing the youth with alcohol. This generally happens during the times at parties or when alone and drinking together. However, the individual can acquire a fake identification and purchase alcohol and then give it or sell it to the other party. When giving or selling any amount of alcohol, the teen can incur charges if caught by local police officers either in the act or when someone sells him or her out to the police. The individual charged with alcohol crimes in the state may need to defend against the crime with the services of a lawyer. The legal professional may need to explain that the breathalyzer did not read accurate results because of incorrect calibration. Refuting evidence is often possible as well such as when the chain of custody is broken when handling blood results. The lawyer will need to research the matter and investigate the scene and crime. With a possible valid argument and defensive strategy, the teen could see probation, the juvenile court instead of the adult court or enter into a plea bargain for lesser sentencing when the lawyer is successful. Many situations with possible felony actions will
require a criminal defense lawyer. The teen facing charges involving alcohol will need the lawyer to present the argument, explain the matter to the judge and protect his or her rights in the courtroom. The lawyer may need to enter into negotiations for a plea bargain or continue through the courtroom processes to try to convince the judge or jury.
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EVIDENCE OF CHILD ABUSE MAY BE STUDENT COMMENTS MADE TO TEACHERS SAYS U.S. SUPREME COURT DECISION Statements given to teachers by students can lead to a court case of child abuse by adults and parents as explained by the decision of the Supreme Court. When the youth confides in a teacher about abuse and violence at home, this can support the claim of child abuse and help in prosecuting a parent or other adult for this type of activity. What Is Child Abuse? While the statement given to a teacher from a student can support the case in court, the judge may need to determine if child abuse did occur. Sometimes, children will confuse the matter of standard punishment with abuse. The definition of the state’s rules about abuse will apply and may lead to no actual charges even with the statement if the whole situation does not involve child abuse as explained by the state. Any lasting injury or damage to the youth can constitute as abuse as well as repeated harm or trauma. The standard circumstances include marks, scars, broken bones and when the parent takes punishment too far or intentionally harms the young person. To help prove that child abuse is happening in the home, the statements must correspond to certain behaviors and activities. The teacher can take the matter to a lawyer, but the legal professional will need to place the child’s statement in the court’s hands or expose the youth to the courtroom for assessment. This can become even more difficult if one or both parents fight the process. Removing the youth from the home is often a step that happens before the case starts, and the statements given by the child may help prove child abuse without testimony. The prosecuting lawyer will investigate the matter after learning that child abuse is possible in a home. This investigation may start with the statement given by the child and escalate to documenting evidence of scars, marks or extensive bruising on the child. The lawyer may acquire a search warrant to check the house, interview neighbors and interview the parents to ascertain the truth of the matter. If there is any reason why the adult did not actually abuse the child, the individual will need a criminal defense lawyer to explain the truth and how the parent is not at fault.
Тема 2. Гражданское право, Предпринимательское право, Семейное право, Международное частное право (Civil Law, Business Law, Family Law, International Private Law)
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International Criminal Court Seeks Gadhafi's Arrest for Crimes Against Humanity Mike Corder All Articles The Associated Press 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. Moreno-Ocampo said he was continuing investigations into allegations of mass rapes and war crimes "committed by different parties during the armed conflict" and attacks on sub- Saharan Africans wrongly perceived to be mercenaries. "There will be no impunity for such crimes in Libya," said the prosecutor. Moreno-Ocampo says his team has gathered so much evidence that he is almost ready to go to trial. Even if Gadhafi flees Libya, some nations have refused to act on arrest warrants. Three countries have let Sudanese President Omar al-Bashir visit without arresting him. Al-Bashir has been indicted for crimes including genocide in Darfur in the only other International Criminal Court case ordered by the Security Council.
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International Court's Prosecutor Moving Ahead with Probe of Libyan 'Crimes Against Humanity' Edith M. Lederer All Articles The Associated Press 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." When he goes to the judges in the next few weeks to present his evidence, Moreno- Ocampo said he will identify the senior Libyan or Libyans his office alleges committed crimes against humanity. "The judges can decide to accept my request and issue an arrest warrant, to refuse, or to request more evidence," he said. Moreno-Ocampo said he believes strongly that issuing arrest warrants offers "an opportunity to stop the crimes and protect civilians" if the alleged perpetrators can be quickly arrested. He said he plans to discuss with the Security Council how to carry out an arrest, if
authorized by the court.
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WASHINGTON — US President Barack Obama and Lebanese Prime Minister Saad Hariri on Wednesday reaffirmed their commitment to strengthening Lebanon's sovereignty and independence even as Hizbullah ministers forced Hariri's year-old unity government to collapse. The Lebanese leader made no public comment after the Oval Office visit and immediately left for France to consult with French President Nicolas Sarkozy before returning to Beirut, according to a Lebanese official who spoke on condition of anonymity to discuss sensitive diplomatic moves. A White House statement issued afterward said Obama had commended Hariri for his "steadfast leadership and efforts to reach peace, stability and consensus in Lebanon under difficult circumstances." "The efforts by the Hezbollah-led coalition to collapse the Lebanese government only demonstrate their own fear and determination to block the government's ability to conduct its business and advance the aspirations of all of the Lebanese people," the statement said. The Lebanese official said Hariri was pleased with Obama's expressions of support. Lebanon's year-old unity government collapsed Wednesday after Hezbollah ministers and their allies resigned over tensions stemming from a UN-backed tribunal investigating the 2005 assassination of former prime minister Rafik Hariri, father of the current prime minister. Hezbollah, which is backed by Iran and Syria, has denounced the tribunal, which is widely expected to name members of Hezbollah in coming indictments. Many fear that implicating Hezbollah could set off sectarian tensions that have plagued the tiny Middle Eastern country for decades. During Obama's meeting with Hariri, the White House said, the president also stressed the importance of the tribunal's work as a "means to help end the era of political assassinations with impunity in Lebanon." He and Hariri discussed efforts with France, Saudi Arabia and other international and regional partners to maintain calm and ensure that the tribunal's work continues without third-party interference. They also agreed that all involved parties should avoid threats or actions that could cause instability.
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First time Simon Wiesenthal Center has given "A" grade to anyone but US for trying Nazi war criminals; Canada, Hungary receive failing grades JERUSALEM — A new report by a prominent Nazi-hunting group gave more than a dozen countries, including Hungary, Ukraine and Canada, low grades for bringing suspected Holocaust-era war criminals to justice. The Simon Wiesenthal Center gave top marks to Germany — the first time any country besides the US has been given an "A'' grade for prosecuting suspected Nazi war criminals. The Associated Press on Wednesday received an advance copy of the center's report, which covers the period between April 2009 and March 2010. The formal release is scheduled for Thursday. The director of the Weisenthal Center's Israel office, Efraim Zuroff, said Hungary received a failing grade for not imprisoning Dr. Sandor Kepiro, a Hungarian military officer convicted in 1944 in the mass murder of civilians. He called Canada's efforts "a terrible failure" for not extraditing former Nazis even after stripping them of citizenship. The center gave a failing grade to Ukraine, saying it "has to the best of our knowledge never conducted a single investigation of a local Nazi war criminal, let alone prosecuted a Holocaust perpetrator." But in a related development Wednesday, Ukraine rescinded the National Hero of Ukraine award given to Stepan Bandera, a nationalist partisan whose group briefly fought for the Nazis. In all, nine countries received failing grades from the center and five received "Ds." Zuroff noted that, counter-intuitively, perhaps, the number of new state-launched investigations has risen in recent years, even though 65 years have passed since the end of World War II. A total of 456 new cases were opened in the period covered by the recent report, compared with 315 the year before and only 63 in 2006-2007. Germany received its top mark for convicting, in 2009 and 2010, the first two Nazi war criminals since 2002. "People assume because of the age of the defendants that nothing will actually happen," Zuroff said, but "passage of time does not diminish the crimes of the killers."
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US company challenges university's claims to Einstein's brand, says Hebrew U has gone too far in trying to profit off famous physicist NEW YORK – Once, he was a genius theoretical physicist who brought the world the theory of relativity. Today, Albert Einstein – with his crazy mane of white hair, deep-set eyes and occasionally goofy expressions – is an extremely lucrative brand image, and one that the Hebrew University doesn’t want anyone to use without permission. But, in a declaratory relief action filed last month in federal court in New York, Long Island-based costume and disguise company Forum Novelties challenged Hebrew University’s claims to Einstein’s name, image and likeness. Forum Novelties’ attorney, Andrew Langsam, of the New York firm Pryor Cashman, did not return calls for comment, and Hebrew University refused to comment on the pending suit. Forum Novelties, was taken to task by Hebrew University for selling a “Heroes in Disguise” kit which included a white curly wig and white moustache meant to represent Einstein. The costume company is fighting back with its suit, claiming that Hebrew University has gone too far in its pursuit of profit from Einstein’s likeness. Forum Novelties suit alleges that Hebrew University could not “inherit” Einstein’s right of publicity because Einstein did not exploit it during his own lifetime. The costume seller also makes a First Amendment defense, claiming its Heroes in Disguise kits are “intended to be worn by children acting in historically based school plays and in every day play.” There is also a trademark component to the case. Albert Einstein, like Marilyn Monroe, Babe Ruth and Al Capone, is a US federally registered trademark. Hebrew University owns several Albert Einstein federal trademarks, including clocks, bumper stickers, socks, imitation luggage, cookie jars, flower pots, toy butterfly nets and sweatshirts. “Where the commercialization of celebrity rights seems to be forever expanding, the Forum case is a rare, somewhat risky, preemptive attempt to expand the bounds of permissible use of a celebrity’s name and likeness,” New York attorney Lloyd Jassin blogged about the case. “Exploitative or informational? A First Amendment protected costume or an advertisement in disguise? Whatever the court decides, Einstein is clearly a bankable cultural icon worth fighting over.”
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International Court of Justice
The International Court of Justice (known colloquially as the World Court or ICJ) is the principal judicial organ of the United Nations. Established in 1946, its main functions are to settle disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by the UN General Assembly or General Assembly or UN Security Council or Security Council, or by such specialized agencies as may be authorized to do so by the General Assembly in accordance with the United Nations Charter. The Statute of the International Court of Justice is the main constitutional document constituting and regulating the Court. This court is different from the International Criminal Court and the War Crimes Law (Belgium), both of which have been confused with the International Court of Justice. The seat of the Court is in The Hague, Netherlands or the Netherlands. It is composed of fifteen judges elected by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. Judges serve for nine years and may be re-elected. No two may be nationals of the same country. One-third of the Court is elected every three years. Each of the five permanent members of the Security Council (France, the People's Republic of China, Russia, the United Kingdom, and the United States) have always had a judge on the Court. Questions before the Court are decided by a majority of judges present. Article 38 of the Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, the "general principles of law recognized by civilized nations". It may also refer to academic writing and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions. If the parties agree, the Court may also decide ex aequo et bono, or "in justice and fairness", in which the Court makes a decision based on general principles of fairness rather than specific law.
Тема 3. Уголовное право, Криминология, Уголовно-исполнительное право,
Финансовое право (Criminal Law, Criminology, Criminal and Penal Law, Financial Law)
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Appointment of Joint U.S.-U.K. Corporate Monitor Signals New Era in Bribery Enforcement Nate Raymond All Articles The American Lawyer 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." Innospec disclosed May 11 in its quarterly report that it expected to take a $3.9 million charge for the expected cost of the compliance monitor. Aware of past criticism of the costs of monitors, Abikoff said Hughes Hubbard is "approaching this one with full integrity but efficiency." (Abikoff said he was engaged in January but the firm waited to disclose its involvement until after the quarterly report.) Kirkland & Ellis represented Innospec in the March 2010 settlement.
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In FCPA Milestone, Calif. Company, Officers Convicted of Bribing Mexican Utility Amanda Bronstad All Articles The National Law Journal 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." The case was one of the few to go to trial over FCPA violations and had been closely watched nationwide. Sentencing is scheduled for Sept. 16. Lindsey and Lee face maximum prison sentences of 30 years -- five years and a fine of at least $250,000 on the FCPA conspiracy charge, and five years and a fine of at least $100,000 for each of the additional five FCPA counts. Aguilar, who is scheduled to be sentenced on Aug. 12, faces a maximum of 20 years in prison and a fine of at least $500,000. Her husband has been charged but remains a fugitive. The jury deliberated for one day following a one-month trial. The verdict came one day after Handzlik and Levine filed a motion alleging prosecutorial misconduct, arguing that an FBI special agent lied during her grand jury testimony. "Sadly, there is considerable evidence of substantial and sustained prosecutorial misconduct throughout this case," they wrote. FBI Special Agent Susan Guernsey's grand jury testimony was "riddled with material misrepresentations and falsehoods," they added.
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European shares set for sharpest annual drop in 3 yrs LONDON - European shares were poised to register their biggest annual drop since 2008 on Friday after a year marred by the euro zone debt crisis that has threatened to drag down the global economy. At 12:00 GMT the FTSEurofirst 300 was up 0.3 percent at 995.40 points in choppy trading with volume as light as 10.9 percent of the 90-day average. The UK and German markets will close early ahead of the New Year holiday weekend. The European index was on track to record an 11.5 percent loss for the year, with euro zone banks, which own the bulk of troubled Greek, Italian and Spanish debt, losing nearly 40 percent of their value in 2011. All cyclical sectors fell heavily over the course of the year, with basic resources and automotive stocks down 31 percent and 25 percent respectively. Investors have shunned these sectors as government austerity measures and a lending squeeze in the euro zone could derail a fragile world economic recovery. "It has been a tough year, particularly for stock-picking managers, and we'll probably see more of the same in the first quarter, with a lot of uncertainty over the euro zone," said James Buckley, who helps manage 1 billion pounds at Baring Asset Management. Italy, Europe's largest debtor, faces 100 billion euros of bond redemptions and coupon payments by the end of April, which is likely to make investors nervous going into next year.
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India opens retail sector to foreign investment - an analysis The Indian Govern ment has finally taken baby steps towards opening up the retail sector to foreign investment. In a recent announcement, the Government stated its intention to permit foreign investment in ‘single brand’ retail up to 51% with the remaining 49% to be owned by Indians. Permission of the Foreign Investment Promotion Board, the agency responsible for approving foreign investments into the country, is required before any investment is made. 'Single brand' retail implies that a retail store with foreign investment can only sell one brand. For example, if Adidas were to obtain permission to retail its flagship brand in India, those retail outlets could only sell products under the Adidas brand and not the Reebok brand, for which separate permission is required. If granted permission, Adidas could sell products under the Reebok brand in separate outlets. Retailers would be able to sell multiple products under the same brand and not be limited to one or two products. A lot of foreign retailers will be pleased to hear the news. Companies which have a policy of owning its own outlets will just need to find an Indian partner to own 49% of the equity and
can expect to expand rapidly. In most cases, it should not be a problem to find a way to keep control of the operational aspects of the business. Indian partners would be most happy to oblige if profits are generated. For those brands which adopt the franchising route as a matter of policy, this new announcement will not make any difference. They would have preferred that the Government liberalize rules for maximizing their royalty and franchise fees. They must still rely on innovative structuring of franchise arrangements to maximize their returns. Consumer durable majors such as LG and Samsung, which have exclusive franchisee owned stores, are unlikely to shift from the preferred route right away. For those companies which wish to take advantage of the new regulations, there are a number of issues which they must be aware of while considering an investment in this sector. First, the foreign investor must make an application to the Government for approval.
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Spectator is found in contempt of court after snapping fingers at officer's murder hearing ABA Journal, by Debra Cassens Weiss May 26, 2017 A courtroom spectator was found in contempt of court Thursday after snapping his fingers to indicate approval of a Chicago judge’s refusal to dismiss murder charges against a police officer. The incident occurred after Cook County judge, Vincent Gaughan, refused to dismiss first-degree murder charges against Chicago police officer Jason Van Dyke for the October 2014 shooting death of 17-year-old Laquan McDonald, report the Chicago Tribune, the Chicago Sun-Times and DNA Info. Van Dyke’s lawyer, Daniel Herbert, had argued his client was acting according to law and department policy when he shot McDonald 16 times, and the shooting was “business as usual.” Herbert said McDonald was armed with a knife, had committed a felony, and was fleeing arrest when shot. The Chicago Tribune indicates that the spectator, Moises Bernal, snapped his fingers multiple times after Gaughan ruled against the officer, while DNA Info says he snapped his fingers “loudly.” The judge ordered Bernal to “get up here, sir,” and asked why he was at the hearing. “To see a racist murderer on trial,” Bernal replied. Gaughan said Bernal had made a “clicking sound that disrupted this court completely” and disrupted the administration of justice. He found Bernal in direct contempt of court and set bail at $40,000. Bernal, who DNA Info says is a teacher at the Instituto del Progreso Latino, will have to appear in court for a presentence hearing June 21. Gaughan had warned in April that protesters would be held in contempt if they harassed Van Dyke, and that included anyone who brings a sign to the courthouse “and starts waving it around.”
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Sotomayor dissent criticizes midazolam and lawyer phone ban ABA Journal, by Debra Cassens Weiss May 26, 2017
Alabama inmate Thomas “Tommy” Arthur was executed early Friday; the eighth time an execution had been scheduled for him. Arthur, 75, was put to death for the 1982 murder of his lover’s husband after the U.S. Supreme Court denied a stay of execution, spurring a dissent by Justice Sonia Sotomayor, report the Washington Post, AL.com and the Montgomery Advertiser. According to AL.com, the execution began at about 11:50 p.m. when Arthur received the first of three execution drugs. Arthur “slowly drifted off,” AL.com says, “and his breathing became more shallow.” He was pronounced dead at 12:15 a.m. Before the execution started, Arthur apologized to his children in a final statement. “I’m sorry I failed you as a father,” he said. “I love you more than anything on Earth.” The U.S. Supreme Court had initially stayed Arthur’s execution on Thursday, then allowed it to proceed. Sotomayor expressed concern about use of the execution sedative midazolam in her dissent (PDF). “I continue to doubt whether midazolam is capable of rendering prisoners insensate to the excruciating pain of lethal injection and thus whether midazolam may be constitutionally used in lethal injection protocols,” she wrote. “Here, the state has – with the blessing of the courts below – compounded the risks inherent in the use of midazolam by denying Arthur’s counsel access to a phone through which to seek legal relief if the execution fails to proceed as planned.” Sotomayor said there was no legitimate reason to bar Arthur’s counsel from possessing a phone during the execution. “The state’s refusal serves only to frustrate any effort by Arthur’s attorneys to petition the courts in the event of yet another botched execution,” she said. “Its action means that when Thomas Arthur enters the execution chamber tonight, he will leave his constitutional rights at the door.
Тема 4. Публичное право, Конституционное право, Импичмент, Правовое обеспечение кибербезопасности (Public Law, Constitutional Law, Impeachment, Legal ensuring of cybersecurity)
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Will Chabad Case Affect Dispute Over Artwork Taken by Nazis? Zoe Tillman All Articles The National Law Journal
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. But lead counsel for Hungary, Thaddeus Stauber of Washington's Nixon Peabody, said in a phone interview Wednesday there are too many differences in the underlying cases for Chabad to apply. Besides arguing that the plaintiffs failed to prove exceptions to immunity under the FSIA, Hungary is also arguing that a 1973 agreement with the U.S. government settled these types of claims and precludes future litigation. Stauber pointed to claims made in filings that the Hungarian government set up compensation programs for losses that took place during and after World War II, and made restitution to the Herzog family when they brought claims to Hungarian courts. "The Hungarian state is the rightful owner" of the artwork in question, he said.
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U.K. Prime Minister Wades into Privacy Debate as Injunction Controversy Heats Up Suzi Ring All Articles Legal Week
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." The frenzied debate on social media sites had already been stoked on Friday when it emerged that a claimant identified as CTB had launched a High Court action against Twitter and a number of its users in relation to the reporting of an injunction. The action is an attempt to force the social media site to disclose details of a number of Twitter users thought to be behind the publication of confidential information. The case has further underlined claims that privacy laws are out of step with the realities of social media given the challenge of forcing the California-based company to comply with a disclosure order from an English court. The latest developments also come after the committee charged with reviewing the use of superinjunctions on Friday called for the media to have advance notice of privacy orders and for the Government to monitor the use of injunctions. The committee, chaired by Master of the Rolls Lord Neuberger, argued that the current regime for granting injunctions is working effectively.
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Foreign "long arm" Laws Can Reach Out to U.S Clients By Clayton J. Joffrion
Most American lawyers know that extraterritorial jurisdiction began with Pennoyer v. Neff, which prohibited state courts from asserting personal jurisdiction over persons not within the territory. Sixty-seven years later in International Shoe v. Washington the Supreme Court held that state courts could exercise jurisdiction over persons located outside the state if the defendant possessed "minimum contacts" with the state "such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice". The first "long arm statute" in the common law experience was in Great Britain's Common Law Procedure Act of 1852 which gave English courts discretionary power to summons absent defendants whether English or foreigners. The important fact is that Great Britain had what we call long arm statutes 93 years before the Supreme Court would recognize them. Furthermore, most former British colonies adopted the same principles into their laws. The early history of long arm jurisdiction (called "exorbitant jurisdiction" elsewhere) in the United States was based upon Due Process analysis under the Constitution, but not so other countries. Does this make any difference? You bet your malpractice insurance it does! In order to appreciate this potential problem a real case out of Australia is offered for illustration. HOW CAN A MISSOURI ACCOUNTANT BE SUED IN AUSTRALIA? Consider the High Court case of Voth vs. Manildra Flower Mills PTY. Limited which was an appeal from the Supreme Court of New South Wales. Donald Voth was an accountant who resided in Missouri (U.S.A.). The plaintiff, Manildra Flower Mills, had sold products to a related company in the U.S. with payments to include interest. Donald Voth rendered professional services to the related company and was alleged to have failed to "draw the attention of the related company" to the fact that it had to withhold taxes on interest paid by it to the company in New South Wales. The plaintiff claimed that it was liable to reimburse the related company for the taxes, penalties, and interest, and that it had paid more Australian taxes than it would have if the withholding taxes had been paid on time.
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Four more UK top 50 firms rethink approach to lawyer performance assessment Berwin Leighton Paisner (BLP), Fieldfisher, Withers and RPC have joined a growing group of UK top 50 law firms looking to change the way they appraise their fee earners and staff. In recent months, a number of leading firms have unveiled significant changes to the way they assess performance, with Linklaters set to drop both individual financial targets and annual performance reviews for partners, and Allen & Overy and Hogan Lovells both moving away from formal annual assessments in favour of ongoing – or ‘continuous’ – feedback. Others within the UK top 50 now look set to follow suit. BLP confirmed to Legal Week that it is reviewing its annual appraisal process, and is canvassing staff on potential changes. A spokesperson said: “In recent years we have refined the annual appraisal process to focus more on career development, which has been well received. We acknowledge that there is still some room for improvement, and have instigated focus groups to gather further feedback.” Elsewhere, Fieldfisher is also considering dropping annual appraisals, with a spokesperson saying: “The dialogue that we are having with our partners and staff shows that there is an increasing appetite for developmental feedback and more regular ‘touch points’ across all levels of staff, whether fee earner, business services or secretary. “We have a dedicated project team in place that is actively working on how we can create a more rounded real-time feedback culture, and we are actively considering the role and relevance of the annual appraisal in supporting that.” RPC is also reviewing its partner target model, but has no concrete plans yet. The firm dropped annual appraisals and performance ratings for everyone in the firm in July last year, replacing these with regular, more informal discussions on a quarterly basis. Withers also confirmed that it is currently reviewing its annual appraisal process. Other firms to have made similar changes in recent months include Baker McKenzie. The global firm dropped annual appraisals and performance ratings for all fee earners and staff at the end of the 2016-17 financial year, replacing them with more regular feedback on performance throughout the year.
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Admiral convicted for sub deaths
A Russian military court has handed down a suspended four-year prison sentence to an admiral over the sinking of a decommissioned nuclear submarine. Admiral Gennady Suchkov was suspended as head of the Russian Navy's Northern Fleet shortly after the submarine sank last August. Nine of the 10 crewmen died when a storm ripped the pontoons from the K-159 submarine in the Barents Sea. The vessel was being towed to a scrapyard at the time. The submarine had been out of service for 14 years and was being taken to have its nuclear reactors removed. Only two of the bodies of the dead seamen were recovered. Admiral Suchkov pleaded not guilty to the charge of negligence and his lawyers said he would appeal. "As the chief commanding officer of the fleet I do not absolve myself from responsibility," he said after the sentence. "But I do not feel guilty in the judicial sense of the term." The trial was held behind closed doors at the naval base of Severomorsk, in Russia's Arctic north. The Russian navy commander, Admiral Vladimir Kuroyedov, has said Northern Fleet commanders disregarded safety rules when they authorised the towing of the submarine despite a bad weather forecast. He also said that the tugboat had moved faster than allowed by official regulations. Even after the storm ripped off some of the pontoons and the submarine tilted onto its stern, the commanders did not move to evacuate the crew, he was quoted as saying. The submarine, whose two nuclear reactors were shut down in 1989, is still lying at a depth of 238 metres (780 feet) in the Barents Sea.
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How some of English rights were formed
«You have the right to remain silent; anything you say can be used against you…», these are the words of the «Miranda warning» which was created as a result of 1966 United States Supreme Court case, Miranda vs. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntary and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present. The United States Supreme Court ruled the confession could not be used as evidence of Mr. Miranda’s guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, the Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires. The «Miranda warning» is now applied by law officers through the United States as a result of this ruling.
Тема 5. Судебное разбирательство: Гражданский и Уголовный процессы (Judicial Proceedings: Civil Trial and Criminal Trial Procedures)
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Lawyers Ask N.Y. Federal Judge to Find Iran Liable for Sept. 11 Terror Attacks Larry Neumeister All Articles
The Associated Press 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. As part of their proof, the lawyers said they were filing videotaped testimony under seal in which three defectors from Iran's intelligence service "circumstantially and directly" implicate Iran and Hezbollah in the Sept. 11 attacks. Iran and Hezbollah had "foreknowledge of, and complicity in, the overall design of, and preparations for, the 9/11 attacks, involving, but not limited to, facilitation of the hijackers' international travel, training and through Iran provision of safe haven for al-Qaida after the attacks," the lawyers wrote. They said the witnesses, identified in court documents only as "Witnesses X, Y and Z," also provided testimony revealing that then-senior Hezbollah operative Imad Mughniyah had an integral role in the Iran-Hezbollah-al-Qaida terror alliance. One of the witnesses testified that Iran anticipated a retaliatory strike against Iran if its role in the 9/11 attacks was discovered. Mughniyah died in a car bombing in 2008.
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Venezuelan Accountant Pleads Guilty in Massive U.S. Fraud Guillen is to stay under home confinement until July sentencing
Michael Melia All Articles The Associated Press 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. In January, he told the U.S. Securities and Exchange Commission that the assets were real despite knowing they did not exist, according to prosecutors. "There were no loans, and Mr. Guillen and others knew that," prosecutor Richard Schechter told U.S. District Judge Stefan Underhill. Guillen pleaded guilty to conspiracy to obstruct an official proceeding of the U.S. Securities and Exchange Commission. He faces a maximum sentence of 20 years in prison and a fine of up to $2.5 million. The plea agreement does not put a lower cap on any prison sentence, although he waived a right to appeal a sentence involving less than 33 months in prison. Prosecutors also agreed not to pursue any additional charges against him.
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Youngest case of ‘tefillin allergy’ reported by IMA journal 14-year-old boy who complained of a chronic rash on his left arm and hand has been diagnosed with allergy to chemical used to process tefillin straps. A 14-year-old boy who complained of a chronic rash on his left arm and hand has been diagnosed with a “tefillin rash” – caused by the chemical potassium dichromate, which is used to process the black straps of the phylacteries. An article in the September issue of the Hebrewlanguage medical journal Harefuah (of the Israel Medical Association) by doctors at Sha’are Zedek Medical Center describes the unusual case. The boy was described as the youngest person to be recorded with such an allergic reaction to leather tefillin straps. Other victims have been as old as 77 (such a man was diagnosed after 20 years of suffering from allergic contact dermatitis). Others were devout men, including rabbis, who wear their phylacteries not only to recite the morning prayers but also keep them on all day as an “extra mitzva.” “Tefillin allergy” is relatively rare in Israel. It is due not to the tefillin themselves, but to the chemicals used to process the leather straps. Almost all cases involve the phylacteries worn on the arm, but there are rarer cases in which those worn around the head and touching the neck also cause rashes there. The rash appeared in the boy about a year after he first began to don phylacteries for his bar mitzva, wrote Drs. Pinhas Hashkes and Efraim Sagi of the Jerusalem hospital. In most cases, the inflammatory response appears in the area of the middle finger, around which the straps are wrapped. It is less common on the forearm and much less frequent on the nape of the neck. In some patients, the rash appears in the form of “straps,” but in others, the rash is not under the places on the skin that are in contact with the straps. According to estimates, about a quarter of the male Jewish population in Israel wears tefillin on a regular basis. But as they are worn for less than an hour at a time, the allergic response does not appear in all users with sensitivity to the chemical. Some who were diagnosed turned to their rabbis for permission to wear their phylacteries over their sleeves instead of their bare arm, while others place clear cling plastic under the leather straps. In addition, a Bnei Brak shop called Machon Pe’er sells tefillin processed without the offending chemical.
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How to Deal with Prison Overcrowding
Crime Magazine, by Brittni Brown Feb 19, 2015
About 50 percent of the individuals sentenced to time in prison are there because of drug-related crimes. Most are not major players in the drug trafficking industry, but rather are users or are selling to make ends meet. These two groups in particular would likely benefit from entering alternative programs rather than entering the prison system. Graduates of drug treatment programs are 74 percent less likely to be involved in drug use and/or misconduct over a 14-month period when compared to a control group. The United States has only 5 percent of the world’s population but supports over 25 percent of the world’s incarcerated, making it the largest jailer with over 2 million incarcerated. Statistics such as these often beg the question, why? Why are there so many additional inmates in one of the world’s most developed countries? Are we raising our children to be criminals? Are we just a country that holds our moral baseline to a lower standard? Or, perhaps, are we over-sentencing the nation’s minor crimes in a way that is actually detracting from our economy? The number of people being incarcerated in the United States has not always been so astronomically high. Before the Nixon administration began The War on Drugs in the mid-1970s and the Reagan administration greatly expanded it in the early 1980s, the number of people incarcerated for nonviolent drug related crimes hovered below 50,000. Since that time, the number of prisoners serving time for these types of offences has skyrocketed. By the end of 2013, nearly 98,200 - 51 percent - of the people within the federal prison system were locked up on drug related charges. The vast majority of these crimes were minor first time offences. The criminalization of minor drug crimes has significantly contributed to massive overcrowding problems, impacted the psychology of prisons, and diverted tax dollars from rehabilitation to expansion. None of these changes have been beneficial to the over 90 percent of prisoners who will eventually be released and thrust back into society. The fact of the matter is that minor drug crimes should entail less prison time. People convicted of minor drug crimes are in need of alternatives to incarceration. According to a study completed by the Government Accountability Office’s (GAO) report released in early 2012, the Bureau of Prisons inmate population has swelled to over 39 percent above capacity. The same study found that in high-security prisons this statistic jumped to 55 percent overcapacity. Furthermore, prison overcrowding is expected to continue to be a growing problem and officials estimate an increase to over 45 percent above capacity by 2018.
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Hyundai's boss gets three years
The chairman of Hyundai Motor Company, one of South Korea's biggest firms, has been sentenced to three years in jail for embezzlement and breach of trust. Chung Mong-koo, 68, was accused of amassing a multi-million-dollar slush fund for personal use and to pay lobbyists and politicians. A spokesman for South Korea's top auto maker said the ruling was disappointing and that an appeal would be filed. The court allowed Chung to remain on bail while he fights the appeal. Chung was accused of embezzling $110m from company affiliates. Some of the money was allegedly used to pay off politicians and government officials, and also help smooth the way for Chung's son to take control of the auto group. "The court decided a strict execution of law is necessary to eradicate illegal and antimarket practices" presiding judge at the Seoul court, said. He said Chung's actions were "clearly criminal". Prosecutors - who had sought a six-year sentence - had argued during the trial that Chung's crimes were "grave". But Judge Kim said the lesser sentence was given taking into account Chung's "big contributions to the development of the country's economy" and also his involvement in charity. Chung looked grim as the verdict was read and later walked silently from the courtroom. The trial has been closely watched in South Korea, where it has been seen as a test of the court's commitment to tackle corporate corruption. In the past the courts have treated similar cases with great leniency, but there has been growing pressure from the government and the public to impose stiffer penalties. The imprisonment could "have a grave impact on the industry as well as the national economy.
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Recent Judicial Developments in the European Union By Clayton J. Joffrion
Court of Justice Delivers Judgments Via Internet International attorneys, exporters, and future exporters have recently been given a gift of immeasurable value. The Court of Justice of the European Communities and the Court of First Instance has broken new ground in that full text judgments will be available in 11 languages on the Internet as soon as they are delivered. Now U.S. attorneys have access to case law as fast as Europeans. There is also a search engine so attorneys can look for specific cases and issues. The Court's website URL is: www.curia.eu.int Employee Rights in Transfer of Contractual Obligations. The Court decides a wide variety of cases which should be of interest. Labor law is one such type of such legal issue. Consider the case of Ayse Suzen v. Zehnacker Gebauderreinigung GmbH Krankenhausservice, Court of Justice Case C-13/95. Mrs. Suzen was employed by Zehnacker which had a contract to provide cleaning services for a school. The school terminated the contract with Zehnacker, which dismissed all its employees. The school then entered into a contract with Lefahrt, GmbH which did not offer to re-employ the dismissed employees. Mrs. Suzen then brought an action before the Labor Court in Bonn for a declaration that the notice of dismissal had not brought an end to her employment. To Americans more familiar with the doctrine of employment at will this might seem to be an irrational suit, but there was a valid legal question. European Directive Safeguards Rights of Employees Council Directive 77/187/EEC of 14 February 1977 safeguards the rights of employees in the event of transfers of obligations, businesses or parts of businesses. Article 1(1) provided that it would apply to the transfer of undertakings, businesses, or parts of a businesses as a result of a legal transfer or merger. The Labor Court in Bonn decided that the cases depended on an interpretation of the Directive and stayed the proceedings pending a preliminary ruling from the Court of Justice.
Задание: Переведите предложения по юридической тематике с русского языка на английский и аргументируйте ваш выбор юридической терминологии (Translate the sentences on legal topics from Russian into English and explain your choice of legal terminology)
Тема 1. Отрасли права (Branches of Law)
1. Отрасль права – это совокупность правовых норм, которые регулируют целую сферу однородных, близких по своему характеру общественных отношений. Отрасль характеризуется своеобразием предмета и метода правового регулирования.
2. Отраслью права регулируются общественные отношения, которые связаны с реализацией какой-либо общественной, государственной, гражданской и другой субъектной деятельности в области права.
3. Правосудие можно определить как осуществляемую судом правоохранительную деятельность по рассмотрению и разрешению гражданских и уголовных дел при неуклонном соблюдении требовании закона и установленного им порядка, обеспечивающих законность, обоснованность, справедливость и общеобязательность судебных решений.
4. В состав каждой правовой отрасли входит центральный институт, определяющий предмет, задачи, общеотраслевые принципы права. Нормативными положениями такого института объединяются правовые нормы и институты,
определяются свойства, характеризующие определенную правовую отрасль.
5. Юрист не несет ответственности за ущерб, который может быть причинен его юридической неграмотностью или неосведомленностью, а также его заинтересованностью, так как он представляет только одну из сторон сделки.
6. Положениями гражданского процессуального кодекса определены цели, задачи судопроизводства в гражданском праве, порядок сбора и оценки доказательств гражданским делам, подачи жалоб о принятом судебном решении соответствующей отрасли права, а также порядок исполнения принятых и вступивших в силу судебных решений. Для данной отрасли главным документом является Гражданско-процессуальный Кодекс Российской Федерации.
7. Нормы отраслей материального права закрепляют права и обязанности субъектов права в определённой сфере правовой регуляции общественных отношений. Эту группу составляют почти все известные вам отрасли права – конституционное, гражданское, административное, экологическое, семейное, уголовное и др.
8. Нормы отраслей процессуального права закрепляют порядок (процедуру, форму) осуществления и защиты тех прав, которые предусмотрены нормами материального права. К этой группе отраслей относят гражданское процессуальное, административно-процессуальное, уголовно процессуальное право.
9. Известно, что юридическое деление права на частное и публичное активно развивалось в работах отечественных правоведов до 1917 г. Публично-правовыми являются уголовное, административное, финансовое, уголовно-процессуальное, гражданско-процессуальное право и др.
10. Публично-правовые отрасли регулируют сферу государственного управления, межгосударственные отношения, местное самоуправление, правосудие, государственно-правовое принуждение.
11. В то время как основными источниками внутригосударственного права выступают нормативно-правовые акты в романо-германской правовой системе или судебные прецеденты в англосаксонской правовой системе, то источниками международного права являются нормативные договоры.
12. Российская правовая система организована на федеральной основе, т.е. в каждой республике, а также в ином субъекте Российской Федерации существует своя отдельная правовая система, которая обязательно должна согласовываться с общефедеральной.
Тема 2. Гражданское право, Предпринимательское право, Семейное право,
Международное частное право (Civil Law, Business Law, Family Law, International Private Law)
1. Наилучшим защитником прав и законных интересов граждан в сфере гражданско-правовых отношений является институт нотариата.
2. Нотариус осуществляет свою деятельность от имени государства; он одинаково заинтересован в соблюдении прав всех участников сделки и, в силу закона, отвечает всем своим имуществом за совершаемые нотариальные действия.
3. Ответчик – одна из сторон гражданского дела, рассматриваемого в суде. Ответчик привлекается к делу в связи с предъявленным к нему истцом исковым требованием о нарушении его прав.
4. Кредиторы – это лица, обладающие определенными правами и требованиями, имеющими прямое отношение к должнику по каким-либо иным или денежным обязательствам.
5. В целях предупреждения банкротства предприятию, вполне возможно предоставляется определенная поддержка, например, финансовая.
6. Несостоятельность (банкротство) – признанная арбитражным судом неспособность должника удовлетворить требования кредиторов по денежным обязательствам и (или) исполнить обязанность по уплате обязательных платежей.
7. Для возбуждения дела о банкротстве необходимо чтобы должник (юридическое лицо либо гражданин) обладало признаками банкротства.
8. Особое место в делах о несостоятельности занимают вопросы банкротства банков и иных кредитных учреждений, поскольку состав кредиторов указанных учреждений, как правило, носит массовый характер (вкладчики – физические лица и юридические лица).
9. Если же прибегнуть к помощи квалифицированных юристов, они сами предпримут все меры по розыску имущества и имущественных прав должника, напишут официальные запросы, составят план дальнейший действий. Также юристы проконтролируют действия приставов.
10. Решение о признании должника банкротом принимается только судом на основании отчетов арбитражного (конкурсного) управляющего и решений собраний кредиторов. Недвижимое имущество - это один из видов объектов гражданских прав.
11. Сделки с недвижимым имуществом наиболее дорогостоящие из тех, которые приходится совершать гражданам.
12. Правовую основу формирования, компетенции и деятельности Международного Суда составляют гл. XIV Устава ООН и Статут Международного Суда, образующий неотъемлемую часть Устава.
Тема 3. Уголовное право, Криминология, Уголовно-исполнительное право,
Финансовое право (Criminal Law, Criminology, Criminal and Penal Law, Financial Law)
1. Уголовное, уголовно-исполнительное и уголовно-процессуальное право образуют единый комплекс отраслей, регулирующих общественные отношения в сфере борьбы с преступностью, что обуславливает наличие целого ряда их общих свойств, в частности, единых: экономических, политических, социальных целей и задач; принципов уголовной ответственности, охранительной природы и правоохранительной сущности, общности некоторых правовых институтов.
2. Целостный механизм действия уголовного права, расширяя свои регулятивно- охранительные возможности, все в большей степени оказывается объектом острой политической борьбы, основными чертами которой являются направленность на распределение всегда дефицитной власти в ее различных проявлениях.
3. Осуждённые, находящиеся в местах лишения свободы, уязвимы для различного злоупотребления со стороны как сотрудников уголовно-исполнительной системы, так и со стороны других осуждённых. Чтобы минимизировать ущемление их прав была создана международно-правовая защита прав заключенных.
4. Уголовное право по своей природе – легитимирующий феномен. Оно должно вносить в воздействие на социальные процессы справедливость, свободу и предсказуемость.
5. Уголовно-правовая мысль не всегда позволяет объяснить корни острых разногласий профессиональных юристов касательно уголовной репрессии.
6. Сферой уголовной политики одни специалисты считают все меры, прямо или косвенно направленные на борьбу с преступностью, другие стремятся профессионализировать и рационализировать уголовную политику, ограничивая ее
кругом специальных мер воздействия на преступность, преступление и преступника, а также защиты потерпевшего.
7. Существующие тенденции формирования основных положений государственной политики в области противодействия незаконной миграции позволили сформировать вывод о необходимости дальнейшего совершенствования норм действующего законодательства в рассматриваемой области с учетом социальных, политических и экономических факторов, происходящих в государстве.
8. Применение положений о крайней необходимости или о непреодолимом физическом принуждении при незаконном пересечении потерпевшими от торговли людьми Государственной границы РФ затруднено, поскольку они могут сохранять возможность руководить своими действиями, могут теоретически обратиться в правоохранительные органы, но не делают этого, опасаясь мести со стороны торговцев людьми.
9. Общественный контроль за обеспечением прав человека в местах принудительного содержания, а также содействие лицам, находящимся в местах принудительного содержания, является одной из основных форм участия общественности в работе учреждений и органов,
10. Криминология – это социально-правовая наука, которая изучает преступность, личность преступника, причины и условия преступности, методы и средства ее предупреждения. Ее объектом являются общественные отношения, связанные с преступностью и другими правонарушениями, причинами и условиями преступности, местом и ролью личности преступника в системе общественных отношений, а также с решением задач по предупреждению и профилактике правонарушений. Исполняющих наказания.
11. Финансовое право представляет собой совокупность юридических норм, регулирующих общественные отношения, которые возникают в процессе образования, распределения и использования централизованных и децентрализованных денежных фондов государственных и муниципальных образований, необходимых для реализации их задач, включая отношения по финансовому контролю и применению норм финансово-правовой ответственности.
12. Все виды финансовых махинаций, финансового мошенничества связаны с воровством чужих денег. Все финансовые преступления заранее обдумываются и глубоко прорабатываются на их соответствие требованиям финансового законодательства.
Тема 4. Публичное право, Конституционное право, Импичмент, Правовое обеспечение кибербезопасности (Public Law, Constitutional Law, Impeachment, Legal ensuring of cybersecurity)
1. Полная реализация обозначенных в Конституции РФ стратегических задач в области обеспечения прав и свобод человека и гражданина, демократизации правоохранительной системы должна привести к тому, что судебная власть станет такое же влиятельной, авторитетной и полноправной, как и другие ветви государственной власти - исполнительная и законодательная.
2. По советскому праву Ответчиками могут быть гражданин или предприятие, организация, учреждение, пользующиеся правами юридического лица.
3. Проблему рационального устройства государственной власти и ее органов пытаются разрешать столько, сколько существует государство как форма организации общества.
4. Один из двух основных компонентов судебной власти состоит в том, что ее осуществление доверяется только специально учреждаемым государственным органам – судам, которые отличаются от органов, выполняющих законодательные и исполнительные функции.
5. Для формирования органов законодательной и исполнительной властей закон не устанавливает детальных правил.
6. К настоящему времени сложилось несколько вариантов процедур осуществления судебной власти, которые принято именовать видами судопроизводства. К ним относятся:
- конституционное судопроизводство;
- гражданское судопроизводство;
- арбитражное судопроизводство;
- уголовное судопроизводство;
- административное судопроизводство.
7. Этот термин является синонимом наименований Верховного Суда РФ или Высшего Арбитражного Суда РФ.
8. В системе общих судов народный суд является основным звеном. Это обусловлено прежде всего широкой его компетенцией по осуществлению правосудия, а также тем объемом работы, который фактически им выполняется.
9. В качестве суда первой инстанции суды данного уровня рассматривают уголовные дела о преступлениях против государственной власти (кроме дел о шпионаже, отнесенных к ведению военных судов), дела об умышленном убийстве, при отягчающих обстоятельствах, изнасиловании при особо отягчающих обстоятельствах и некоторых других преступлениях (см. ст. 36 УПК).
10. В вышестоящие суды обычно попадают дела: а) имеющие большое общественное значение; б) не получившие правильного разрешения после вторичного рассмотрения в районном (городском) суде; в) переданные в суды этого уровня по решению надзорных инстанций.
11. Суды среднего звена обязаны принять к своему производству для рассмотрения по первой инстанции гражданские и уголовные дела, связанные с государственной тайной. Верховный Суд РФ имеет также предоставленное ему ст. 104
Конституции РФ право законодательной инициативы. Это важное средство обратной связи нашего законодателя с практикой применения принимаемых им законов.
12. Специфика полномочий судебной власти требует того, чтобы осуществляющий ее орган строился и имел возможность действовать так, как этого требуют интересы законности и справедливости. Отсюда вытекают особенности порядка образования судов, их взаимоотношений с государственными учреждениями, реализующими другие ветви власти - законодательную и исполнительную.
Тема 5. Судебное разбирательство: Гражданский и Уголовный процессы (Judicial Proceedings: Civil Trial and Criminal Trial Procedures)
1. О привлечении физического или юридического лица в качестве гражданского ответчика дознаватель, следователь или судья выносит постановление, а суд - определение.
2. Гражданский ответчик вправе:
- давать показания на родном языке или языке, которым он владеет, и пользоваться помощью переводчика бесплатно;
- иметь представителя;
- собирать и представлять доказательства;
- знакомиться по окончании предварительного расследования с материалами уголовного дела, относящимися к предъявленному гражданскому иску, и делать из уголовного дела соответствующие выписки, снимать копии с тех материалов уголовного дела, которые касаются гражданского иска;
- участвовать в судебном разбирательстве уголовного дела в судах первой, второй и надзорной инстанций;
- знакомиться с протоколом судебного заседания и подавать на него замечания;
- обжаловать приговор, определение или постановление суда в части, касающейся гражданского иска.
3. Специфика суда как органа судебной власти состоит также в том, что для его деятельности установлены особые правила, процедуры.
4. Структура судебной системы, в целом, и ее подсистем может быть определена на основе анализа не только положений Конституции РФ но и ряда других законодательных актов: Закона о судоустройстве, Закона об арбитражных судах, Положения о военных трибуналах, а также некоторых постановлений Верховного Совета РФ, касающихся реорганизации военных судов.
5. Судебной инстанцией считается суд (или его структурное подразделение), выполняющий ту или иную судебную функцию, связанную с разрешением судебных дел.
6. Судом первой инстанции называют суд, который уполномочен принимать решение по существу тех вопросов, которые являются основными для данного дела. По уголовным делам это вопросы о виновности или невиновности подсудимого в совершении преступления и о применении или неприменении уголовного наказания, конкретной его меры.
7. В отношении гражданских и уголовных дел судами первой инстанций могут быть почти все суды в пределах, предоставленных им законом полномочий.
8. К отличительным признакам правосудия относится то, что оно может осуществляться только особым органом - судом (судьей).
9. Ежегодно суды всех уровней рассматривают и соответствующим образом разрешают несколько миллионов уголовных и гражданских дел, материалов об административных правонарушениях.
10. Вышестоящей инстанцией или вышестоящим судом обычно называют суды, занимающие более высокую ступень по отношению к данному суду.
11. По гражданским делам существо дела обычно составляет вопрос о доказанности или недоказанности предъявленного иска и о тех юридических последствиях, которые должны наступить.
12. Часто граждане становятся жертвами всякого рода мошенников, которые используют в своих целях юридическую неосведомленность большинства граждан.