Вариант 4.
I. Переведите предложения на русский язык, обращая внимание на особенности перевода страдательного залога.
Traditionally the jury was required to reach its decisions with unanimity.
The primary function of any court system in any nation is so obvious that it is rarely mentioned or referred to.
The US pattern of constitutional adjudication has not been followed in all nations that have written constitutions.
The offenders will be prevented from committing further crime by short terms of imprisonment.
When English judges are concerned about their pay, their grievances are being listened to and acted upon in private.
II. Переведите предложения на английский язык, обращая внимание на время и залог сказуемого.
Когда следователь вошел в зал суда, допрашивались свидетели обвинения.
Вина этого обвиняемого уже доказана.
Приговор будет вынесен к концу месяца.
Конституция США была принята в 1787 г.
Выборы президента США проводятся каждые 4 года.
III. Определите функцию причастия I и переведите предложения на русский язык.
When presenting a case in court, barristers, like judges, put on the archaic gown which, as it is supposed, emphasizes the impersonal majesty of the law.
Having been appointed the judges can only be dismissed by a resolution of both Houses of Parliament, and this is something that has never happened.
To an extent that varies greatly between common-law and civil-law nations, all courts apply preexisting rules formulated by legislative bodies.
Having decided controversies courts create an important by-product beyond the peaceful settlement of disputes, that is, the development of rules for future cases.
Following the closing statements, the judge gives instructions to the jury, explaining the relevant law, how the law applies to the case being tried, and what questions the jury must decide.
IV. Определите функцию причастия II и переведите предложения на русский язык.
A bail is a sum of money guaranteed by somebody on behalf of a person charged with a crime so that he or she can be set free until the time of the trial.
First heard in a magistrate’s court serious criminal cases are referred to a higher court known as a Crown Court where the jury consisting of twelve people selected at random from the list of voters takes the decision regarding guilt or innocence of the person accused.
If convicted a person may appeal to the Court of Criminal Appeal, generally called the Appeal Court, where the verdict rendered by the jury may be overruled.
Most people accused of crime and arrested in the common-law world pleaded not guilty and denied having committed the acts charged against them.
As already noted, the issues presented to and decided by the court may be either factual, legal, or both.
V. Определите функцию герундия и переведите предложения на русский язык.
If a judgment orders a party to do or to refrain from doing a certain act the court itself takes the first step in enforcing the judgment by holding in contempt anyone who refuses to obey its order and sentencing him to pay a fine or to go to jail.
In a robbery case the judge tells the jury that using an unloaded gun to rob a store is legally the same as using a gun that is loaded.
While choosing the jurors the lawyers can reject a certain number of prospective jurors without giving any justification.
The person detained by the police was suspected of having robbed the bank and couldn’t avoid being questioned at the interrogation.
The concept worth remembering is in the fact that the decisions made by the Supreme Court affect the lives of millions of people.
VI. Определите функцию слов с окончаниями –ed и –ing и переведите предложения на русский язык.
The case decided appeared complicated.
The judge decided the case by hearing the testimonies presented by the witnesses.
The case has just been decided in favour of the plaintiff.
Though decided, the case was passed to a higher court for a judicial review on the ground of being inconsistent with the Constitution.
The case will be decided after the evidence is presented by all the witnesses.
The judge was just deciding the case when the trial was interrupted by a sudden intrusion of masked criminals.
Deciding the case is necessary for resolving the dispute between the plaintiff and the defendant involved in it out of court.
Deciding the case it is necessary to take into consideration all the facts submitted by the lawyer and all the evidence presented by the witnesses.
Judges are government officials deciding the cases brought before courts.
On deciding the case the judge awarded the damages to the plaintiff for compensating him for the injuries inflicted on him by the defendant.
VII. Прочитайте текст, выпишите 10 предложений со словами “that, those, one, ones”, определите их функцию и переведите предложения на русский язык.
juries
1. The jury is a historic legal institution in which a group of laymen participate in a major way in deciding cases brought to trial. Its exact characteristics and powers depend on the laws and practices of the countries, provinces, or states in which it is found, and there is a considerable variation. Basically, however, it recruits laymen at random from the widest population for the trial of a particular case and allows them to deliberate in secrecy, to reach a decision by other than majority vote, and to make it public without giving reasons.
2. As far as the history of the jury is concerned, its origin is lost in the past. It may have been indigenous to England or have been brought there by the Norman invaders in 1066. Originally, the jurors were neighbourhood witnesses, the ones who passed judgment based on what they themselves knew. But the breakdown of medieval society and the growth of the towns changed this; the jury was called upon to determine the facts of the case, based upon the evidence presented in court. The availability of the jury in the king’s courts may have been a key factor in centralizing the nation’s courts under the king and in creating the common law. By the 15th century, nonrational modes of trial such as ordeal, in which the defendant was subjected to various tortures that, if successfully endured, proved his innocence, were replaced by the jury trial, that became the established form of trial for both criminal cases and civil ones at common law.
3. Two forces moved the jury abroad. One was the expansion of the British Empire, that brought the jury to Asia, Africa, and the American continent. The other one was the French Revolution and its aftermath, which brought it, as a symbol of popular government, to the European continent: first to France itself, then, through Napoleon, to the Rhineland, later to Belgium, most of the remaining German states, Austria-Hungary, Russia, Italy, Switzerland, Holland, and Luxembourg, although the last two abolished it immediately after Napoleon’s defeat. In each of these countries, the use of the jury was from the outset limited to trials of major crimes and to those of political ones against the state.
4. Beginning in the mid-19th century, the jury was weakened in a variety of ways: in 1850, Prussia, for example, removed treason from its jurisdiction; in 1919, Hungary suspended jury trial entirely and never restored it. Germany abandoned the jury in 1924. The Soviet bloc abolished it outright; France never restored the jury abolished during the German occupation in the 1940s, and Japan did away with its short-lived jury courts in 1943. After World War II, Austria reintroduced the jury in a weakened form.
5. Thus, there are three important points about the history and development of the jury as a legal institution: first, the effort to introduce it outside the Anglo-American legal orbit has failed; further, in England itself its use was limited by statute to a small category of cases; and, thus, the United States has emerged today as the home of the jury system for both criminal and civil cases. Some 120,000 jury trials are conducted there annually, more than 90 percent of all jury trials in the world.
6. One cannot help mentioning that the use of the jury in the United States depends on two factors: the degree to which it is available as a matter of right and the degree to which the parties themselves choose to use it. The laws as to its availability have varied from state to state, but in 1968 in Duncun v. Louisiana the United States Supreme Court declared that a jury trial was a constitutional right in all criminal cases in which the penalty may exceed that of six months’ imprisonment. In civil cases its constitutional status is less clear, but, in general, jury trial is available. The practice of allowing the parties to waive a jury trial also varies widely from region to region, and, as a result, the number of jury trials per year also varies widely. The annual number of criminal jury trials per 100,000 population ranges between 3 for Connecticut to 144 for Georgia.
VIII. Перепишите и переведите письменно на русский язык абзацы 1, 2 и 5.
IX. Дайте ответ на вопрос:
How did the legal institution of a jury trial appear in other countries outside England?