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Чуркіна Англійська мова 2006 частина 2.doc
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I. Make up situations of your own using the given words and word combinations

1. Natural persons and corporations (actual rules; artificial person; be complied with; be distinguished from; depend on; factual situation; legal capacity; legal entity; legal identity; limited companies; person’s rights; rule of law; significant types; subject to; unincorporated association).

2. The legal view of marriage (alter the legal status; apply to the court; be based on; be complied with; be prosecuted for; be void; degrees of relationship; formal requirements; legal consequences; main consequences; maintain his wife; male and female; matrimonial home; require the consent; special rules; valid marriage; voluntary union).

3. Testimony of witnesses (accused person; be confined to; be given; be taken; before trial; civil proceedings; competent witness; criminal case; exceptions to this rule; exclude opinions; for example; general rule; give evidence on oath; hearsay evidence; in open court; mentally disordered; various grades; young children).

4. Documentary evidence (be duly executed; be expected; be kept; be necessary; be proved; by handwriting; common method; exceptional circumstances; expert witnesses; for example; formally admitted; main cate­gory; produce the original; proper cus­tody; prove the validity; put the document; rely on; solicitor's office; usual method; validly executed; witness box).

5. Real evidence (assess damages; be inspected by; be referred to; be stolen; for example; main types; material objects; murder weapon; outside the court; personal injury; person's wounds; physical appearance; physical characteristics; physical objects; real evidence; relevant facts).

II. Complete the open dialogue and learn it by heart

I.

P.

As far as I know a legal person is a being that is regarded by the law as having rights and duties.

I.

P.

In my opinion there are two basic types of legal person – natural persons and corporations.

I.

P.

On the contrary. A corporation is an artificial person which is recognized in law as a separate legal entity once the formalities for its creation have been complied with.

I.

P.

To my mind a corporation must be distinguished from an unincorporated association, which does not have a legal identity separate from that of its members.

I.

P.

As far as I am concerned the most significant types of corporation and unincorporated association are limited companies and partnerships respectively.

I.

P.

As a rule human beings generally have full legal capacity, and consequently are potentially subject to any rule of law.

I.

P.

I don't think so. The matter is that the actual rules to which a person is subject depend on the factual situation in which he finds himself.

I.

P.

As far as I remember these factual situations which affect a person’s rights and capacities are called sta­tuses.

I.

P.

I'm of the same opinion. One person may have many statuses, for example husband, father, employer. Other examples include minor, guardian, wife, and mentally disordered person.

UNIT 20

EUROPEAN CONVENTION ON HUMAN RIGHTS

BEFORE YOU READ

Answer these questions

1. Do you agree that in developed countries today the rights and free­doms of the individual are regarded as important? Why?

2. What do we mean when we say that we live in a free society? What basic rights and freedoms do we want to have?

READING TASKS

A. Understanding main points

Read the text below about European convention on human rights and answer these questions, beginning your answers with the fol­lowing phrases: as a rule …; to tell the truth …; as far as I know …; the matter is that …; as far as I remember …; as far as I am concerned …; frankly/strictly speak­ing …; to make a long story short …

1. Are our rights set down in the law? Why are there limitations on these rights? Give examples.

2. What does the Human Rights Act 1998 which came into effect in 2000 incorporate into British law?

3. When did the UK Government sign the European Convention on Human Rights? Why was this Convention drawn up?

4. What did the European Convention on Human Rights fol­low? When was the European Convention on Human Rights adopted?

5. What does the Convention set out and state?

6. What rights does the arrested per­son have according to the European Convention on Human Rights?

7. In what document in the English legal system was the right to liberty set out? Who signed it and what did he agree by doing it?

8. Are there any limitations on the right to liberty? What are the most widely used reasons for detaining people?

9. What institution was established in order to protect the rights set out in the European Convention on Human Rights?

10. In what case will the European Court of Human Rights hear the case in full and give a judg­ment?

B. Understanding details

Mark these statements T (true) or F (false) according to the information in the text. Give your reason using the fol­lowing phrases: as a matter of fact ...; I don't think so …; I'm of the same opinion …; in my opinion …; on the contrary …; strictly speaking ...; to my mind ...

1. The rights and free­doms of the individual have never been regarded as important.

2. All our rights are written into the law and there are no limitations on these rights.

3. The European Convention on Human Rights was drawn up in order to try and protect people's rights after the First World War.

4. The Council of Europe is part of the present European Union with a smaller membership than the European Union.

5. The European Convention on Human Rights sets out the rights and free­doms that the people of European continent should have.

6. The European Convention on Human Rights states that everyone's right to life shall be protected by law

7. The European Convention on Human Rights does not recognize that States may impose the death penalty for those convicted of certain crimes.

8. The Convention sets out that everyone has the right to lib­erty and that no one shall be deprived of his liberty except where the law allows arrest or detention.

9. In the English legal system this right to liberty has been important for centuries and was set out in a very important document in the thirteenth century.

10. The procedure for applying to the European Court of Human Rights is very complex.

EUROPEAN CONVENTION ON HUMAN RIGHTS

In developed countries today the rights and free­doms of the individual are regarded as important. When we say that we live in a free society, we mean by this that everyone has certain basic rights and freedoms. These include freedom of speech, freedom to practise one's chosen religion, freedom from discrimination because of race or sex and the right to liberty. There are laws on particular points including racial and sexual dis­crimination, but some other rights are not written into the law. Even where our rights are set down in the law, there are limitations on these rights. Some limitations are needed in order to protect other people's rights or to protect society as a whole. To illustrate this, consider the right to lib­erty; clearly it is important that ordinary people have freedom of the person, the right not to be held prisoner; but there are situations where it is necessary to imprison violent and dangerous criminals to protect society from them.

In the English legal system the right to liberty has been important for centuries and was set out in the Magna Carta, an important document in British history which King John of England signed at Runnymede in the south of England in 1215. By doing this he agreed that limits could be set on royal powers. Later, especially in the seventeenth century, the document was seen as a statement of basic civil rights. There are limitations on these rights; but a person can only be detained on specific grounds set out in the law. The most widely used reasons for detaining people are as follows: a lawful arrest on the order of a court while awaiting trial, a sentence of imprisonment after being found guilty of a crime under the Mental Health Acts. If a person has been unlawfully detained he may sue in the civil courts and claim damages for false imprisonment. Where the person is still being detained there is a special writ of habeas corpus that can be obtained. An application for this writ is made to the Queen's Bench Divisional Court and its effect is to order that the detained person be brought before the court immediately. An application for a writ of habeas corpus takes priority over any other case in court on that day and it will be heard first. The court will decide whether the detention is lawful or not; if the court decides that there is no lawful reason for the detention it will order the immedi­ate release of the prisoner.

The Human Rights Act 1998 came into effect in 2000. This Act incorporates the European Convention on Human Rights into British law making it unlawful for any public authority to act in a way that is incompatible with a Convention right. Citizens can take action for breach of a right. Even before the Human Act came into effect the UK Government had signed this Convention.

The European Convention on Human Rights was drawn up in order to try and protect people's rights after the horrors of the Second World War. It fol­lowed the Universal Declaration on Human Rights made by the General Assembly of the United Nations in 1948. Two years later in 1950 the Council of Europe adopted the European Convention on Human Rights. The Council of Europe is not part of the present European Union but a separate interna­tional organization formed in 1949 and with a big­ger membership than the European Union. In 1950 there were 21 members and 20 of these, including the United Kingdom, signed the European Convention on Human Rights. Since that date other European countries have joined the Council of Europe and signed the Convention, making 32 members in 1994.

The European Convention on Human Rights sets out the rights and free­doms that the people of Europe should have. It sets out that everyone has the right to lib­erty and that no one shall be deprived of his liberty except where the law allows arrest or detention. Even in these cases the arrested per­son has the right to be told of the reason for his arrest and brought before a court within a reason­able time. It states that everyone's right to life shall be protected by law but it does recognize that States may impose the death penalty for those convicted of certain crimes. The Convention says that no one shall be tortured and declares that slavery is not allowed.

In order to protect the rights set out in the Convention, a Court of Human Rights was established in 1959. The procedure for applying to this court was simplified in 1994. A new permanent single European Court of Human Rights was established and individuals who feel their rights have been breached can apply direct to the Court. Member States can also report another Member State to the Court. A Chamber of the Court will consider whether the complaint is admissible and if it decides that it is, the Government of the State concerned is asked for its comments. There is the possibility of coming to a friendly negotiated set­tlement, but if this is not successful then the Court will hear the case in full and give a judg­ment. The European Court of Human Rights sits at Strasbourg.