Выполните практическое задание №1 по дисциплине «Иностранный язык в сфере юриспруденции». Ответы располагайте непосредственно после текста и выделяйте их цветом.
Text
Judges
Task: read the text and focus on its main points.
The judge is the presiding officer of the court. The statutory basis for the appointment of judges dates from the Act of Settlement 17001. Under the original arrangements the districts were grouped into 60 county court circuits, each with its own judge appointed by the Lord Chancellor from barristers of at least seven years’ standing. On the re-organisation of the criminal courts under the Courts Act 1971 the existing county court judges became Circuit judges. Every Circuit judge is by virtue of his or her office capable of sitting as a judge for any county court district and at least one is assigned to each district by the Lord Chancellor. A full-time District judge is barred from legal practice. District judges were formerly called registrars; the change of title reflected the fact that their functions are now judicial. They are responsible for procedural steps in court proceedings. Their administrative functions have now been transferred to substantial staffs of clerks and bailiffs.
Judges themselves are not a separate profession: they are barristers who have demonstrated competence in litigation and have been elevated to the bench2, itself a name derived from the part of the Court where they sit. A barrister always enters the judiciary at the lower trial level. He is thereafter promoted, if he proves successful in the initial judicial post.
The traditional function of judges is to apply existing rules of law to the case before them. The judge decides the interpretation of the law. After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.
Judges are capable of “making law” both through the interpretation of statutes and the doctrine of precedent. When an Act of Parliament makes no provision for the case in question and there is no existing precedent, the judge must, if necessity, create a new law.
Judges are not under the control of Parliament, or the Civil Service. The independence of the judiciary is a fundamental principle of constitutional law. Closely related to judicial independence is the doctrine of judicial immunity.
The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with the professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs)3. They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense”4 and understanding of their fellow human beings.
Magistrates are selected by special committees in every town and district. Nobody, even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.
The work of the Magistrates’ Courts5 throughout the country depends on the unpaid services of JPs.
Notes:
1 Act of Settlement – акт о престолонаследии
2 be elevated to the bench – возвысить до положения судьи
3 Magistrate, Justice of the Peace (JP) – судья, мировой судья
4 “sound common sense” – (зд.) чувство здравого смысла
5 Magistrates’ Court – суд магистратов, мировой суд (рассматривает дела о мелких преступлениях)
Ex. 1. Say if these statements are true or false.
1. The judge is the presiding officer of the court.
2. Every Circuit judge is capable of sitting as a judge for one county court area.
3. A part-time district judge is barred from legal practice.
4. Here was the change of judges titles but their functions remained the same.
5. Judges themselves are a separate profession.
6. A barrister always enters the judiciary at the highest level.
7. The judge decides the interpretation of the law.
8. Judges are capable of “making law” through the doctrine of precedent.
9. Judges are under the control of Parliament.
10. Judicial independence is a fundamental principle of constitutional law.
11. Professional judges are paid salaries by the state.
12. Magistrates are also professional judges but they deal with less serious crimes.
13. Magistrates are selected by special committees in every town and district.
Ex. 2. Here are the answers to some questions on the text. What are the questions?
1. The Act of Settlement 1700.
2. The existing country court judges became Circuit judges.
3. A full-time district judge is barred from legal practice.
4. Registrars are responsible for procedural steps in court proceedings.
5. They are barristers who have demonstrated competence in litigation.
6. If he proves successful in the initial judicial post.
7. The judge summarizes the case for the jury.
8. The judge must, if necessity, create a new law.
9. The doctrine of judicial immunity.
10. The professional judges.
11. Justices of the Peace.
12. The committee tries to draw Magistrates from different professions and social classes.
13. The unpaid services of JPs.
Ex. 3. Complete the following sentences:
1. The judge is ...
2. On the reorganization of the criminal courts …
3. The Lord Chancellor assigned …
4. Registrars are responsible for …
5. The statutory basis for the appointment of judges dates from ...
6. Judges are barristers who ...
7. The traditional function of judges is ...
8. Judge’s summing up is ...
9. Judges “make law” through ...
10. The fundamental principle of constitutional law is ...
11. Judicial immunity means ...
12. The professional judges deal with ...
13. Magistrates or Justices of the Peace are ...
14. JPs are selected by ...
Ex. 4. Explain and expand on the following:
1. The judge is a presiding officer of the court.
2. There was the re-organization of criminal courts under the Courts Act of 1971.
3. Judges themselves are not a separate profession.
4. A barrister enters the judiciary at the lower trial level.
5. The judge decides the interpretation of the law.
6. Judges are capable of making laws.
7. Judges are not under the control of Parliament.
8. Alongside with the professional judges there are unpaid judges.
9. Magistrates are selected by special Committees.
Практическое задание № 2
Выполните практическое задание №2 по дисциплине «Иностранный язык в сфере юриспруденции». Ответы располагайте непосредственно после текста и выделяйте их цветом.
What is Law?
Task: read and translate the following text.
The English word “law” refers to limits upon various forms of behaviour. There is a vague distinction between man-made law and moral precepts. Law can be defined as a set of rules which form the pattern of behaviour of a given society. Law is one of the most basic social institutions – and one of the most necessary. No society could exist if all people did just as they pleased, without regard for the right of others. Nor could a society also have certain obligations toward one another. The Law also sets penalties for people who violate these rules and it states how government shall enforce the rules and penalties.
Law essentially serves two functions in modern society. First, it serves to order and regulate the affairs of all “persons” be they individuals, corporations or governments. Secondly, law acts as standard of conduct and morality. Through both of these functions law seeks to promote and achieve a broad range of social objectives. Law can appear as the highest achievement of civilization. In man’s capacity to legislate against his own defects we can discern his chief claim to stand clearly above the animal level.
Law seems to exist apart from man and is not even noticed by him until somebody violates its orders or until it is called upon to defend interests that have been the object of encroachments.
The student of law is concerned with the questions of relationships between individual citizens and the state, as well as the relationships between states. The study of a legal process is the study of how decisions are made, who makes them, what the decisions are, how they influence subsequent events.
We commonly speak of both law and laws – the English law, or the laws of England; and these terms point to two different aspects under which legal science may be approached. The laws of a country are separate, distinct, individual rules; the law of a country however much we may analyse it into separate rules, it is something more than the mere sum of such rules. It is rather a whole, a system which orders our conduct, in which the separate rules have their place and their relation to each other and to the whole. Thus each rule which we call a law is a part of the whole which we call the law. Lawyers generally speak of law; laymen more often of laws. This distinction between law as a system and law as enactments is brought out more clearly in those languages which use different words for each.
In a developed state the sphere in which the law operates proves to be quite extensive. It embraces all the spheres of production, distribution and exchange. Law fixes the forms of administration and the constitutional system, and determines the legal status of citizens and activity of the state mechanism (state law, administrative law). It fixes the existing property relations and operates as a regulator of the measure and forms of distribution of labour and its products among the members of society (civil law, labour law). Finally, the law lays down the
measures for combating encroachment on the state system, the existing order of social relations, together with the forms in which this is done (criminal law, procedural law, corrective labour law).
However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society’s needs and attitudes.
Word Study
Ex. 1. Read the international words and translate them. Mind the stress.
'limit
'form
'object
'aspect
'person
'sphere
'status
'operate
'analyze
'social
'standard
'function
'mechanism
mo'rality
ac'tivity
pro'duction
‚indi'vidual
‚corpo'ration
‚civili'zation
‚distri'bution
‚regu'lator
consti'tutional
ad‚mini'stration
Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.
Verb noun (agent) noun (concept)
to promote
to legislate legislator legislation
to operate
to distribute
to regulate
to violate
to separate
to administrate
Ex. 3. Pair the words in column with A the ones from column B.
A
B
1) forms
2) set
a) of exchange
b) of labour
3) standard
4) sphere
5) system
6) distribution
7) object
8) part
9) violation
10) range
11) man-made
12) status
c) of law
d) of encroachment
e) of objectives
f) of citizens
g) laws
h) of behaviour
i) of interests
j) of morality
k) of relationships
l) of rules
Ex. 4. How can you express the following ideas in one word?
1. to bear (oneself) in a socially-acceptable or polite way;
2. rightness or pureness of behaviour or of an action;
3. the control or direction of affairs, as of country or business;
4. an object to be won;
5. a guiding rule on which behaviour is based;
6. to make laws;
7. a statement of something at last;
8. the body of laws and principles according to which a country is governed;
9. a condition that determines one’s formal position;
10. the way or order of directing business in an official meeting, a law case;
11. to fight or struggle against;
12. the act or result of encroaching;
Ex. 5. Match English and Russian equivalents.
1) to regulate the relations
a) установленная норма нравственного поведения
2) to define a set of rules
b) главное требование
3) the pattern of behaviour
c) устанавливать правовой статус
4) a standard of morality
d) простая сумма правил
5) man-made law
e) образец поведения
6) moral precepts
f) социальные цели
7) social objectives
g) определять формы управления
8) a chief claim
h) издавать закон против чьих-либо пороков
9) to influence subsequent events
i) объект посягательства
10) to fix the forms of administration
j) нечеткое различие
11) to determine the legal status
k) нравственные заповеди
12) to lay down the measures
l) определять набор правил
13) the mere sum of rules
m) закон, созданный человеком
14) a vague distinction
n) регулировать отношения
15) to legislate against one’s defects
o) влиять на последующие события
16) the object of encroachment
p) устанавливать меры
17) spheres of production
q) сферы производства
Ex. 6. Choose the best alternative to complete the following sentences.
1. The English word “law” refers to limits upon various / some forms of behaviour.
2. Laws prescribe how people can / ought to behave.
3. Law essentially serves two / four functions in modern society.
4. There is a vague/clear distinction between man-made law and moral precepts.
5. In a developed / feudal state the sphere in which the law operates / develops proves to be extensive.
6. Law fixes the forms of constitutional / educational system.
7. Law operates as a regulator/obstacle of distribution of labour and its products.
8. The law of a country may be analyzed as a selection / set of rules.
9. The study of legal process is the study how decisions/customs are made, who makes/fixes them.
10. Law seems/regards to exist apart from/inside man and is not even noticed/decided by him until somebody/criminal violates its orders.
11. Law is called/invited upon to defend interests/habits that have been the object/crime of encroachments.
Law embraces/separates all the spheres of production, distribution and exchange.