Test_Module 1 (1)-3
.docxTest for students of law institute (Module I)
Variant I.
Task 1.
Below is a list of major functions of law in modern society. Match the functions with the paragraphs.
To Order Society
To Confer Power
To Settle disputes
To Control Individuals
To Ensure Justice
To Legitimize
This function has been described as "the arrangement of procedures which recognize action as being authoritative" and the conferring of political legitimacy. To take the most obvious example, a primary function of constitutional law is to confer legitimacy on the acts of the law-makers. Thus, constitutional law may legitimize the legislative acts of a legislature, which in turn may legitimize a court as a legal institution, which in turn may promulgate "laws" through judicial legislation.
This function has been described as the distribution of power. It actually designates which individuals or groups in society may exercise which governmental powers. Law also may allocate powers between government officials and citizens by denying certain powers to all governmental officials as a class. This particular use of law commonly goes under the rubric of the rule of law as opposed to the rule of men. Under the rule of law, government officials may exercise powers only if they act according to reasonably general rules. Thus, it is said that one function of law is to serve as a restraint on power, especially arbitrary power, and to establish and protect individual rights.
Another function of law is to provide the framework for social and individual interaction. This function has been described as ordering of social relationships and providing the model for individuals to arrange their private affairs. Thus, it is said that some laws "provide individuals with facilities for realizing their wishes, by conferring legal powers upon them to create, by certain specified procedures and subject to certain conditions, structures of rights and duties within the coercive framework of the law".
One of the major functions of law is to control members of society by coercion and threats of coercion so as to maintain peace and order. Control becomes necessary when people refuse to obey the law and do not interact in compliance with the legal framework. Law then deals with potential conflicts and prevents them from becoming actual breaches of peace. Thus, law in general is often identified as a form of social control; and this is especially the case with criminal law in particular.
This function of law has been described as adjusting actual conflicts once they have arisen. Here the goal is to restore the peace and order rather than to maintain them. Sometimes the conflict arises out of allocations of governmental power or specific interpretations or applications of legislation. This function is easily associated with the work of courts, which, after all, are the most visible legal institution.
Each society lives up to its own ideals. It is a major function of law to dispense the kind of justice necessary to attain the goals of such a society, i.e. to achieve the ideals of justice actually held by its representatives. In a just society, each individual is merely under a restraint not to interfere with others’ fundamental rights. A just state is one that has the power to restrain anti social conduct and award compensation when one member of society has infringed another member’s rights.
Task 2.
Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.
1. representing clients in the higher courts 2. performing the majority of paper work in a law firm 3. advising people on general legal issues 4. advising people on specialist legal issues 5. drafting and reviewing legal documents, such as contracts and wills 6. providing an opinion on the merits of a case 7. holding negotiations and discussions between parties who are trying to reach agreement on a legal issue 8. drafting plea for conducting a case in a court
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I. Solicitors |
II. Barristers |
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Task 3.
Complete the text using the words/phrases from the box.
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How a Bill becomes law in the USA
The lawmaking procedure in the United States is relatively straightforward.
The first stage is the introduction of a bill to ___1___. Legislation can be proposed by anyone who feels that it will benefit the American people. However, only members of the Congress can directly___2___.
A senator or a congressperson drafts the text of the bill and formally introduces it. Once the bill is introduced, it is sent into committee for ____3___. Both houses of U.S. legislature - ___4___ and ___5___ have numerous committees dealing with issues from natural resources to the military. The members of the relevant committee consider the bill, make recommendations and decide whether to table it or to release it back onto the floor for___6___.
Once the committee has recommended the bill, it can be further debated and modified until a vote is taken. If the bill is___7___, it is sent to the other house of Congress, where the entire process is repeated. If both houses approve the bill, it is sent to the president for ___8___. When a law is sent to the President, he or she can sign it, indicating approval, or ___9___ it, rejecting the law and requesting that Congress re-write it. If the President does nothing for 10 days, the bill automatically passes into law.
Task 4.
Complete the text using the words and phrases from the box.
The British Constitution
The British Constitution is an ___1___ constitution, not being contained in a single document. It is based on ___2___ and important documents, such as ___3___, ___4___(decisions taken by courts of law on constitutional matters), ___5___, and can be modified by a simple Act of Parliament like any other law. It contains two main principles – ___6___ (i.e. that everyone is subject to the law) and ___7___, which implies that there is nobody that can declare the activities of Parliament unconstitutional and that Parliament can in theory do whatever it wishes. The Constitutional safeguard of ___8___ between ___9 ___ (the two Houses of Parliament), which makes law, ____10___ (the Government), which puts law into effect and plans policy, and __11 _____, which decides on cases arising out of the laws, is only theoretical.
a. the separation of powers b. the rule of law c. the Magna Carta d. the Judiciary e. customs and conventions f. case law g. the Executive h. the supremacy of Parliament i. the Legislature j. unwritten k. statutes. |
Variant II.
Task 1.
Law serves many purposes and functions in modern society. Below is a list of its major functions. Match the functions with the paragraphs.
Establishing Standards
Protecting Liberties and Rights
Changing Society or Individuals
Maintaining Order
Giving power
Resolving Disputes
The law is a guidepost for minimally acceptable behavior in society. Some activities, for instance, are crimes because society through a legislative body has determined that it will not tolerate certain types of behavior that injure or damage persons or their property. For example, under the law, it is a crime to cause physical injury to another person without justification—doing so generally constitutes the crime of assault.
Apart from establishing standards of conduct and morality, the law serves to order and regulate the affairs of all individuals, corporations or governments. Some resemblance of order is necessary in a civil society and is therefore reflected in the law. The law—when enforced—provides law and order consistent with society’s guidelines.
Conflicts and disputes are unavoidable in a society made of persons with different needs, wants, values, and views. A dispute is a disagreement between two or more parties. Disputes can arise over many issues; however the most common forms of dispute concern money, property, employment, accidents, marriage breakups and family separations. The primary purpose of law is to resolve these disputes through the system of courts and, in a simple sense, to decide who is ‘right’ and who is ‘wrong’.
The Constitution of the Russian Federation grants to its people several rights and liberties and gives them constitutional and legal protection. Thus, the purpose of law is to protect these various rights and liberties from violations or unreasonable intrusions by persons, organizations, or government. For example, the Chapter on Rights and Liberties lays down that no law can be made by the state against the basic rights and liberties of the people: “No laws denying or belittling human and civil rights and liberties may be issued by the Russian Federation”.
One of the major functions of law is to serve as an instrument of conscious change, either of society or of particular individuals in that society. In order for law to be used as an instrument of conscious social change, some individual or individuals must desire the change and use law as an instrument to effect that change. In a democracy the persons consciously desiring change may be a majority of the politically active people or an elite group of opinion leaders, while in an authoritarian government it is the primary power-holders who may initiate that change.
Law establishes and recognizes specific institutions, body of persons and individuals and gives them authority to exercise certain powers on behalf of the state. Under the doctrine of the separation of powers, there are three arms of government which include the legislative, the executive and the judiciary. These three arms have the specific functions they perform. The legislative exercises its legislative power, the executive exercises its executive power, and the judiciary is expected to exercise the judicial power.
Task2.
Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.
1. resolving disputes between the parties through arbitration or mediation 2. preparing proceedings and documents for court, including legal arguments and plead 3. making arrangements for buying and selling commercial and residential property 4. advocacy in all courts 5. advocacy in the lower courts 6. handling serious criminal cases 7. performing office-based work, such as drafting legal documents and contracts 8. dealing with court-related matters
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I. Solicitors |
II. Barristers |
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Task 3.
Complete the text using the words and phrases from the box.
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How a Bill becomes law in Russia
In Russia a bill usually passes through several stages before it becomes law.
Once a bill has been introduced, it should survive three readings in __ 1 __. During the first reading, fundamental provisions of the draft are addressed. After introductory speeches and debate, the deputies of the State Duma __ 2 ___the bill and send it to a committee where __ 3 ____proposed during the first reading are made. Then the draft is presented for a second reading where each article is considered in detail. The third reading consists solely of a vote on the draft bill in its entirety. To pass, a federal law requires ___ 4 ___of the members of the State Duma.
A federal law passed by the State Duma, ___ 5 ___, is transferred within five days to __ 6 ___, the upper house. The Constitution of the Russian Federation provides that the Council has 14 days to examine a federal law passed by the State Duma and to approve, dismiss or ___ 7 ____.
In case the Federation Council votes in favor of the bill, it is transferred to the President who has 14 days to ___ 8 ___ and publicly announce the adopted federal law. The law __ 9___with its official publication in the Collected Legislative Acts of the Russian Federation and in Rossiiskaya Gazeta.
Task 4.
Complete the text using the words and phrases from the box.
The American Constitution
The American Constitution is based on the doctrine of the __ 1 __ between the __ 2 __, __ 3 __, and__ 4 __. The government institutions – __ 5 __, __ 6 __ and __ 7 __ - were given limited specific powers; and a series of __ 8___, whereby each branch of government has certain authority over the others, were included to make sure these powers were not abused. Government power was further limited by means of a dual system of government, in which the __ 9 __ was only given the powers and responsibilities to deal with problems facing the nation as a whole. The remaining responsibilities and duties of government were reserved to the individual __ 10 _.
Article V allowed for __ 11 __ to be made to the Constitution (once passed by a two-thirds majority in both houses of ___12___ and then ratified by the __ 13 __ of three-fourth of the states. The Constitution finally ratified by all thirteen states in 1791 already contained ten amendments, collectively known as __ 14__ (the freedoms of religion, speech and the press, etc.) to protect the citizen against possible tyranny by the federal government.
a. Congress (2) b. the Presidency c. amendments d. separation of powers e. the Courts f. the Bill of Rights g. the executive h. federal government i. legislative j. legislatures k. judiciary l. checks and balances m. state governments
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