English_for_Lawyers_2011

Unit 3. Administrative Law. Section 2. Administrative Law in the USA and UK

C.Joan will not receive the Salesperson license under mutual recognition procedure because she did not work under a Broker for at least one year

D.Joan will not receive the Salesperson license under mutual recognition because she is now a Florida resident.

4.Kathy, an unlicensed person, helps her neighbor Cindy sells Cindy's house by showing the house to potential Buyers. As a way of saying thank you, Cindy gives Kathy a gift certificate to Kathy's favorite restaurant. Which of the following best describes this situation?

A.This is a legal arrangement since Kathy helped without the expectation of payment.

B.Kathy may not legally accept the gift certificate.

C.Kathy may accept the gift certificate if she was the procuring cause of the sale.

D.Kathy may accept the gift certificate since it is not considered to be compensation.

5.What is the passing score for the state license exam?

A.65%

B.70%

C.75%

D.80%

6.In order to qualify for licensure, an applicant must

A.Be a high school graduate of equivalent (GED)

B.Be at least 18 years of age

C.Possess good character and reputation

D.All of the above

7.After passing the state license exam, when may an applicant begin working as a salesperson?

A.Immediately upon passing the exam

B.Upon submitting the proper form to the Division of Real Estate designating their employer

C.5 days after passing the exam

D.Upon receiving their actual license in the mail

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8.Jim is applying for a Florida salesperson license. On his application, he has disclosed that he pled nolo contendere to credit card fraud in Georgia last year. Jim's application will probably...

A.Be denied

B.Take longer to process

C.Be approved

D.Be returned to him with a request for more information

4b, 3d, 2c, 1c, 8a 7b, 6d, 5c,

The key

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Unit 4. Administrative Proceedings. Section 1. Administrative Justice

Unit 4. Administrative Proceedings

Section 1. Administrative Justice

I.WARMING UP

1.Answer the following questions:

1)What is the task of administrative judiciary?

2)What powers does it have?

3)Do you agree with the saying by H. L. Mencken (1880–1956), U.S. journalist, critic, and editor: «A judge is a law student who marks his own examination papers»? Why (not)?

2.Match the following English words and expressions with their Ukrainian equivalents:

3.How are the letters in bold pronounced in the following words? Choose the correct variant.

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PART II. Constitutional and Administrative Law

Read the text paying special attention to the most important definitions.

TEXT 1

ADMINISTRATIVE JUSTICE

Administrative Justice, or, more commonly, administrative adjudication, is the exercise by an administrative agency of judicial powers delegated to the agency by a legislative body.

Agencies typically possess both legislative and judicial powers in their area of authority. The legislative power gives the agency the authority to issue regulations, and the judicial power gives the agency the authority to adjudicate contested cases within its area of jurisdiction.

Administrative courts are not ordinarily engaged in determining the rights and duties of individuals as against other individuals. Rather, they typically deal with individuals in relation to government in terms of benefits sought or disabilities incurred from government action. It is this function that chiefly distinguishes administrative tribunals from civil courts. In contrast to the criminal courts, administrative tribunals are typically empowered to assess various penalties, such as forfeiture of licenses for the violation of a statutory or administrative regulation. Some administrative agencies, however, are not vested with adjudicative powers and must proceed through the regular courts for civil or criminal punishment of violations.

Another fundamental difference between administrative tribunals and courts is the nature of subject matter jurisdiction. The subject matter of an agency's administrative regulation and adjudication is normally a single economic activity, a set of closely related economic activities, or specific benefits conferred by government. The concern of the National Labor Relations Board with labor relations is an example of the first; the jurisdiction of the Federal Communications Commission over radio, television, and telephone exemplifies the second; and adjudication of the validity of benefit claims by such agencies as the Veterans Administration represent the third. In contrast, the subject matter jurisdiction of courts embraces a broad spectrum of civil and criminal law.

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Unit 4. Administrative Proceedings. Section 1. Administrative Justice

II. COMPREHENSION

1. A. Give the definitions for the following terms and expressions or explain in other words.

1) administrative justice

2) administrative agency

3) administrative courts

4) administrative tribunals

2.Complete the following sentences according to the information from the text:

1)Agencies typically possess …

2)The legislative power gives the agency the authority to …

3)Administrative courts typically deal with …

4)Some administrative agencies are not vested with …

5)Another fundamental difference between administrative tribunals and courts is…

6)The concern of the National Labor Relations Board with labor relations is…

7)In contrast, the subject matter jurisdiction of courts embraces …

III. VOCABULARY STUDY

1.A. In the text find all the related words to the verb to administer and to justify.

B. Make up word combinations with the words you have found.

2.In the text find word combinations with the following words:

– agency

– legislative

– regulations

– courts

– government

– tribunals

– penalties

– powers

– punishment

– jurisdiction

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PART II. Constitutional and Administrative Law

3. Complete the text with the words from the box.

The current distinction between _____________________ within administrative agencies and adjudication in _____________________ of law was not made historically. For example, the English Court of Exchequer evolved from the _____________________ Exchequer, a tax-assessing and collecting agency. American usage derives from the separation of powers in the U.S. Constitution and from its limitation of the " ___________________

power of the United States" to certain types of "cases … and controversies." Administrative adjudication was once criticized as being contrary to the reservation of judicial power to courts as set down in Article III of the Constitution. The Supreme Court held in Crowell v. Benson (1932), however, that agencies could _____________________ cases as long as provision was made for ultimate judicial _____________________.

4. Give the English equivalents for the following word combinations:

Адміністративне правосуддя, адміністративні органи, судова влада, законодавча влада, адміністративні суди, адміністративні норми, уряд.

5. Translate into English.

Адміністративна реформа – це вид політико-правової реформи, яка здійснюється у сфері виконавчої влади і стосується як її організаційної структури, функцій, кадрового забезпечення, так і взаємовідносин з місцевим самоврядуванням. Принципи адміністративної реформи – це головні засади її проведення, які ґрунтуються на відповідній ідеології та політиці. У принципах розкривається головне призначення і сутність цієї реформи.

Правова основа адміністративної реформи – це нормативноправові акти, які є відправною точкою і механізмом забезпечення даної реформи. Нова система державного управління в Україні має бути створена під час проведення адміністративної реформи.

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Unit 4. Administrative Proceedings. Section 1. Administrative Justice

IV. GRAMMAR FOCUS

1.Point out sentences with Participle II in the text and explain the use.

2.In the following sentences substitute the infinitive with Participle II according to the model.

Model: Some agencies have had additional procedural requirements (to impose).

Some agencies have had additional procedural requirements imposed.

1)When Congress has specified that the administrative adjudication must be formal, the APA requires that the agency's decision be made upon a record (to establish) in a trial-type hearing, and that an initial decision be (to make) by the officer who hears the evidence.

2)The "administrative law judge," makes an initial decision (to base) on (to reason) analysis, written findings of fact, and conclusions of law.

3)Questions of law include allegations that constitutional or statutory rights have been denied, failure to observe (to require) procedures, and the agency's scope of authority.

V.SPEAKING

1.Read the report devoted to the improvement of the Administrative Law Infringement Code and discuss possible improvements.

The Administrative Law Infringement Code needs to be improved. Legal Issues Committee of Parliament works on it very actively. Particularly, it works on improvement of terminological problems, establishment of new principles, on which the mentioned Code will be based. These principles are: the principle of economy, proportionality and truth.

The improvement of the concept of administrative jurisdiction and competency is implemented. From the point of view of freedom of information it is important to establish the concept of Private-Common Persons, which aims to ensure the accessibility of information for the persons, who are not mentioned in the concept of administrative body, but perform administrative functions.

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The exact definition of state and professional secrets is determined. Dissociation of personal data and issues on adoption of particular law concerning with it. The need of adoption of particular law on protection of personal data is discussed.

2.Sum up what you know about:

–the authority of administrative agencies;

–administrative law in common law countries;

–administrative governmental bodies.

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Unit 4. Administrative Proceedings. Section 2. Ukrainian Customs Law

Unit 4. Administrative Proceedings

Section 2. Ukrainian Customs Law

I.LEAD-IN

1.Have you ever seen a customs declaration? What happens if you write the wrong information?

2.Match the following English words and expressions with their Ukrainian equivalents:

Read the text to understand what information on administrative law is of primary importance or new for you.

TEXT 2

UKRAINIAN CUSTOMS LAW

The law of Ukraine on customs matters made great contribution to the evolution of Ukrainian customs law. The present day system of customs law is based on the law which was adopted on 25 June 1991. Since that time customs law has developed significantly. In concordance with the Declaration of State Sovereignty of Ukraine this Law defines the legal issues of managing customs matters in Ukraine, which is oriented towards forming of common market territory in Ukraine, and customs unions with other states.

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PART II. Constitutional and Administrative Law

Article 1. Customs matters

Ukraine as a sovereign state independently creates its own customs system and conducts customs matters. Customs matters are part of foreign political and economic activity of Ukraine.

Customs matters in Ukraine include establishing of order and organization of shipment of goods and other articles through the customs border of Ukraine, taxation, customs clearance and examination, and other measures concerning realization of customs policy in Ukraine.

While actualizing customs matters Ukraine follows recognized in international relations systems of classification and coding of goods, unified form of declaring of export and import of goods, customs information, and other generally accepted norms and standards of international practice. Ukraine takes part in international cooperation in customs matters.

Article 2. Customs territory and customs border

Territory of Ukraine is a single whole of customs territory, within borders of which Ukraine has exclusive jurisdiction concerning customs matters.

Border of customs territory of Ukraine is regarded as customs border of Ukraine. Customs territory also includes territories of artificial islands and constructions that are created in the economic zone of Ukraine, and over which Ukraine has exclusive jurisdiction concerning customs matters.

Article 3. Common customs zones and customs unions

Common customs zones and customs unions with other states are created by Ukraine on the basis of treaties.

Article 4. Management of customs matters

General management of customs matters is executed by the Verhovna Rada (the Parliament) and the Cabinet of Ministers of Ukraine. The State Customs Committee of Ukraine is responsible for direct management of customs matters.

Article 5. Customs bodies of Ukraine

Customs matters are directly executed by customs bodies of Ukraine.

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