nazarova_nb_korobova_ev_practice_in_legal_english
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МИНИСТЕРСТВО ТРАНСПОРТА РОССИЙСКОЙ ФЕДЕРАЦИИ
ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ ОБРАЗОВАТЕЛЬНОЕ УЧРЕЖДЕНИЕ ВЫСШЕГО ОБРАЗОВАНИЯ
«РОССИЙСКИЙ УНИВЕРСИТЕТ ТРАНСПОРТА (МИИТ)»
Институт экономики и финансов
Кафедра «Лингвистика»
Н.Б. Назарова, Е.В. Коробова
Practice in Legal English
Учебное пособие
МОСКВА - 2017
МИНИСТЕРСТВО ТРАНСПОРТА РОССИЙСКОЙ ФЕДЕРАЦИИ
ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ ОБРАЗОВАТЕЛЬНОЕ УЧРЕЖДЕНИЕ ВЫСШЕГО ОБРАЗОВАНИЯ
«РОССИЙСКИЙ УНИВЕРСИТЕТ ТРАНСПОРТА (МИИТ)»
Институт экономики и финансов
Кафедра «Лингвистика»
Н.Б. Назарова, Е.В. Коробова
Practice in Legal English
Учебное пособие для студентов-бакалавров
направления «Лингвистика»
МОСКВА - 2017
УДК 42
Н 19
Назарова Н.Б., Коробова Е.В. Practice in Legal English:
Учебное пособие. Для студентов-бакалавров направления «Лингвистика». – М.: РУТ (МИИТ), 2017. - 148 с.
Настоящее учебное пособие предназначено для студентов-бакалавров направления «Лингвистика», а также студентов-лингвистов, изучающих английский язык в области межкультурной коммуникации, в области бизнеса и потребительского права.
Целью учебного пособия является совершенствование коммуникативной компетенции студентов в профессиональной сфере обучения на английском языке, а также расширение лексического запаса студентов-бакалавров и магистров в области профессиональной терминологии, формирование навыков понимания, извлечения, обработки и воспроизведения информации на английском языке.
Рецензенты |
кандидат педагогических наук, доцент |
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кафедры иностранных языков |
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Московского финансово-промышленного |
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университета «Синергия» О.Л. Мохова, |
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старший преподаватель кафедры |
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«Иностранные языки – 4» |
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РУТ (МИИТ) Т.М. Пригоровская |
©РУТ (МИИТ), 2017
Contents |
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Unit 1. What is Law?......................................................................... |
4 |
Unit 2. Law and Values ..................................................................... |
8 |
Unit 3. Consumer Law....................................................................... |
13 |
Unit 4. How Laws Protect the Consumer .......................................... |
18 |
Unit 5. What to Do Before Buying.................................................... |
23 |
Unit 6. What to Do After Buying ...................................................... |
26 |
Unit 7. Consumer Protection Agencies and Organizations ............... |
31 |
Unit 8. Taking Your Case to Court.................................................... |
35 |
Unit 9. Small Claims Court ............................................................... |
38 |
Unit 10. Door–to–Door and Telephone Sales.................................... |
42 |
Unit 11. Advertising and the Consumer ............................................ |
44 |
Unit 12. Ads that Appeal to Our Emotions........................................ |
49 |
Unit 13. Bait and Switch Technique.................................................. |
51 |
Unit 14. Shopping by Mail ................................................................ |
53 |
Unit 15. Contracts.............................................................................. |
56 |
Unit 16. Written and Oral Contracts.................................................. |
59 |
Unit 17. Warranties............................................................................ |
62 |
Unit 18. Implied Warranties .............................................................. |
65 |
Unit 19. Disclaimers .......................................................................... |
68 |
Unit 20. Credit ................................................................................... |
72 |
Unit 21. Credit Cards and Charge Accounts ..................................... |
75 |
Unit 22. EFT Cards and Debit Cards ................................................ |
78 |
Unit 23. Costly Credit Arrangements ................................................ |
80 |
Unit 24. What Lenders Want to Know Before Extending Credit ...... |
83 |
Unit 25. Default And Collection Practices ........................................ |
87 |
Unit 26. Creditor Collection Practices............................................... |
89 |
Revision Tasks and Achievement Tests ........................................... |
92 |
Vocabulary ........................................................................................ |
126 |
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UNIT 1.
What is Law?
Read and translate the text.
The question “What is law?” has troubled people for many years. An entire field of study known as jurisprudence (the study of law and legal philosophy) is devoted to answering this question. Many definitions of law exist. For our purposes, however, law can be defined as the rules and regulations made and enforced by government that regulate the conduct of people within a society.
As a child, you learned about rules first at home and later at school. At home, your parents made and enforced rules concerning issues like chores and bedtimes. Rules made and enforced by the government are called laws. The government makes laws that affect almost every aspect of daily life.
One thing is certain: every society that has ever existed has recognized the need for laws. These laws may have been unwritten, but even pre–industrial societies had rules to regulate people’s conduct.
Native American societies, for example, were governed by unwritten laws. When Europeans first arrived on the North American continent, each of the Native American nations (or tribes, as they are commonly called today) maintained order through a system of unwritten rules. Because many non–Native American government officials and others did not see or understand these traditional mechanisms, many non– Native Americans held the erroneous view that the societies were lawless. Today, some Native American groups are still governed, at least in part, by traditional unwritten law.
Without laws, there would be confusion and disorder. This does not mean that all laws are fair or even good, but imagine how people might take advantage of one another without a set of rules.
Find the equivalents for the following words and expressions in the text.
Существовать, проводить в жизнь, внутри общества, каждый аспект повседневной жизни, признать необходимость законов, неписаный закон, доиндустриальное общество, поведение людей, поддерживать порядок, ошибочная точка зрения, путаница и беспорядок, набор правил.
Answer the questions:
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1.Why has the question “What is law?” troubled people for many years?
2.What is jurisprudence?
3.What definition of law is given in the text?
4.Why does any existing society need laws?
5.Have laws always been written?
6.What would happen if people lived without laws?
Problem–solving:
Make a list of all your daily activities (for example, waking up, eating, going to school). Next to each item, list any laws that affect that activity. What is the purpose of each law that you identified? Would you change any of these laws? Why?
Read and translate the text: Kinds of Laws
Laws fall into two major groups: criminal and civil. Criminal laws regulate public conduct and set out duties owed to society. A criminal case is a legal action brought by the government against a person charged with committing a crime. Criminal laws have penalties, and offenders are imprisoned, fined, placed under supervision, or punished in some other way. Criminal offenses are divided into felonies and misdemeanors. The penalty for a felony is a term of more than one year in prison. For a misdemeanor, the penalty is a prison term of one year or less. Felonies are more serious crimes such as murder or robbery. Misdemeanors are less serious crimes such as simple assault or minor theft.
Civil laws regulate relations between individuals or groups of individuals. A civil action (lawsuit) can be brought by a person who feels wronged or injured by another person. Courts may award the injured person money for the loss, or they may order the person who committed the wrong to make amends in some other way. An example of a civil action is a lawsuit for recovery of damages suffered in an automobile accident. Civil laws regulate many everyday situations, such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence.
Sometimes one action can violate both civil and criminal law. For example, if Joe beats up Bob, he may have to pay Bob’s medical bills under civil law and may be charged with the crime of assault under criminal law.
Find the equivalents for the following words and expressions in the text.
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Уголовное право, гражданское право, совершать преступление, нарушитель, оштрафовать, поместить под наблюдение, уголовное преступление, судебно наказуемый проступок, убийство, грабеж, нападение, воровство, возмещать убытки, судебный процесс (тяжба).
Answer the questions:
1.What two groups of laws do you know?
2.What is a criminal case?
3.How are criminal offenses divided?
4.What crimes are more serious?
5.What is the penalty for a felony? For a misdemeanor?
6.Make a list of all the crimes mentioned in the text.
7.What do civil laws regulate?
8.Give your own examples how one action can violate both civil and criminal laws.
Match the words on the left with the correct definition on the right:
Jurisprudence |
law dealing with private rights of citizens, not with |
|
crime. |
Criminal law |
punishment for wrongdoing. |
Civil law |
the branch of law dealing with crimes and their |
|
punishment. |
Felony |
recognized and permitted by the law. |
Misdemeanor |
accuse. |
Murder |
violent and sudden attack. |
Penalty |
the study of law and legal philosophy. |
Assault |
major serious crime, e.g. murder, armed robbery, |
|
arson. |
Responsibility |
legal offence less serious than a felony. |
Read, translate and finish the dialogue:
PEOPLE IN LAW CASES IN GREAT BRITAIN
Narrator: The solicitor says why he thinks thefts occur, and then he gives his views on violence.
Solicitor: In thefts I would say that the motive strongest motive is not to work. Oh, for theft, and very often there is a pattern of drinking, involved in the theft…
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Interviewer: Could you give an example?
Solicitor: They leave the pub, they go out, they see a house which is in darkness with a couple of milk bottles on the doorstep, they think, “Right, we’ll do that house and get a bit more beer money for tomorrow.”
Interviewer: What about violence, it’s one thing I find least easy to explain?
Solicitor: Because very often it’s not explicable. I have very frequently found there is a pattern here too, especially the juvenile offenders, broken homes…
Interviewer: You mean they come from broken homes…
Solicitor: Yes, from broken homes, or large, unhappy, rather poor families.
Answer the questions:
1.What is the strongest motive for theft?
2.What pattern often occurs in lives of people involved in theft?
3.What house do robbers usually choose?
4.What background do robbers most often come from?
Retell the dialogue in indirect speech.
Problem–solving:
Matt and Luther decide to skip school. They take Luther’s brother’s car without telling him and drive to a local shopping center.
Ignoring the sign Parking for Handicapped Persons Only, they leave the car and enter a radio and TV shop.
After looking around, they buy a portable AM–FM radio. Then they buy some sandwiches from a street vendor and walk to a nearby park. While eating, they discover that the radio does not work. In their hurry to return it, they leave their trash on the park bench.
When Matt and Luther get back to the shopping center, they notice a large dent in one side of their car. The dent appears to be the result of a driver’s carelessly backing out of the next space. They also notice that the car has been broken into and that the tape deck has been removed.
They call the police to report the accident and theft. When the police arrive, they seize a small clear bag containing illegal drugs from behind the car’s back seat. Matt and Luther are arrested.
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a.List what you think Matt and Luther did wrong.
b.What laws are involved in the story?
c.Which of these are criminal laws? Which are civil laws?
d.Role–play:
e.Dramatize the story.
The roles: Matt, Luther, the shop assistant, the street vendor, the policeman
UNIT 2
Law and Values
Read and translate the text.
Laws generally reflect and promote a society’s values. Our legal system is influenced by our society’s traditional ideas of right and wrong. For example, laws against murder reflect the moral belief that killing another person is wrong. Most people would condemn murder regardless of what the law said. However, not everything that is immoral is also illegal. For example, lying to a friend may be immoral but is seldom illegal.
We expect our legal system to achieve many goals. These include
(1) protecting basic human rights, (2) promoting fairness, (3) helping resolve conflicts, (4) promoting order and stability, (5) protecting the environment, (6) representing the will of the majority, and (7) protecting the rights of minorities.
Many of society’s most difficult problems involve conflicts among these goals. For example, in trying to make up for past discrimination, some laws give preference to minorities over whites or to women over men. Laws must balance rights with responsibilities, the will of the majority with the rights of the minority, the need for order with the need for basic freedom. Reasonable people sometimes disagree over how the law can protect the rights of some without violating the rights of others.
Laws can be based on moral, economic, political, or social values. As values change, so can laws. Moral values deal with fundamental questions of right and wrong. For example, laws against killing promote society’s primary moral value–the protection of life. However, as already noted, some things that are considered immoral may not violate the law. In limited circumstances, such as in self–
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defense or during a time of war, even an intentional killing may be legal.
Economic values deal with the accumulation, preservation, use, and distribution of wealth. Many laws promote economic values by encouraging certain economic decisions and discouraging others. The law encourages home ownership by giving tax benefits to people who borrow money to pay for a home, for example. Laws against shoplifting protect property and discourage stealing by providing a criminal penalty.
Political values reflect the relationship between government and individuals. Laws making it easier to vote promote citizen participation in the political process, a basic American political value.
Social values concern issues that are important to society. For example, it is an American social value that all students are provided with free public education through high school. Consequently, all states have laws providing such education. Like other values, social values can change. In the past, for example, society believed that school sports were not as important for girls as for boys. This value has changed. Today, laws require schools to provide females with sports opportunities similar to those offered to males.
Many laws combine moral, economic, political, and social values. For example, laws against theft deal with the moral issue of stealing, the economic issue of protection of property, the political issue of how government punishes those who violate criminal statutes, and the social issue of respecting the property of others. What values are placed in conflict by laws protecting the environment?
Social values concern issues that are important to society. For example, it is an American social value that all students are provided with free public education through high school. Consequently, all states have laws providing such education. Like other values, social values can change. In the past, for example, society believed that school sports were not as important for girls as for boys. This value has changed. Today, laws require schools to provide females with sports opportunities similar to those offered to males.
Many laws combine moral, economic, political, and social values. For example, laws against theft deal with the moral issue of stealing, the economic issue of protection of property, the political issue of how government punishes those who violate criminal statutes, and the social issue of respecting the property of others. What values are placed in conflict by laws protecting the environment?
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