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International law, Criminal law, Employment law, Finance law, Banking law, Land law, Tax law, Intellectual property law, Tort law, Ecological (Environmental) Law, Business law, Contract law.

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a. collective bargaining agreements, protection from gender

 

discrimination, wages and hours, health and safety of em-

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ployees, disciplinary or termination procedures, minimum

 

wage standards, full-time workers, vacation

 

 

 

b. divorce, child custody, child support, setting alimony and

2.

maintenance, marriage, parents, marriage contract

 

 

 

c. literary or artistic works, intangible creation, creator,

3.

piracy, trademark counterfeiting, copyrighted property, pat-

 

ents, trademarks, trade secrets, downloading music from

 

sites

 

 

 

d. drinking water, air quality, fertilizers, herbicides, pesti-

4.

cides, odours from a nearby dump, a polluter, pollution con-

 

trol methods, contamination, nature, trash, recycling

 

 

 

e. liquidity, insolvency, accounts, defaulting, liquid assets,

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capital, bank deposits, foreign currency, loans and credits

 

 

 

f. sovereignty, protection of nationals abroad, conventions,

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The United Nations Charter, treaties, sovereign states, for-

 

eign relations, multilateral agreements, mediation

 

 

 

g. taxpayers, audit procedures, payment schedules, tax

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calculations, flat or progressive tax rates, tax evasion, VAT,

 

income tax

 

 

 

h. government funding, sale of bonds, hard currency, funds,

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trends, capital markets, risk management, regulatory restric-

 

tions

 

 

 

i. offences, penalties, serious crimes, capital punishment,

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conviction, warrant of arrest, sentence, imprisonment, hand-

 

cuffs

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j. civil liability, negligence, harm to a person, defamation,

 

compensation, plaintiff, defendant

151

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1.The divorced farther has a court order allowing him to see his son once a week, but the mother, who has remarried, doesn’t let him contact with the child.

2.The employee was made redundant. The company didn’t pay him the money he had earned and refused to pay compensation.

3.The relatives of the deceased person don’t agree with the will. They think it is invalid.

4.A new housing estate has been built on a territory of the national park. The local authorities say that they haven’t given permission for the construction.

5.A company promised to deliver new equipment by the end of April. It’s the end of May already, but the equipment hasn’t arrived yet.

6.Your neigbours make an excessive noise every night. You can’t endure it any more.

7.One hundred unlicensed copies of discs have been sold.

8.During the fierce argument one man snatched a knife and stabbed it into the other man. Four hours later the injured man died in hospital.

9.The owner of a pit bull terrier allowed it to be in a public place without being muzzled.

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Introduction to law

Criminal procedure

Civil procedure

Contract law

Constitutional law

Criminal law

Legal research

1.______________The course describes the nature of legal research. Students will analyze judicial opinions, apply legal concepts and rules and learn legal precedents. Special attention is given to writing memoranda and briefs.

2._______________The course describes general principles of the study of law. Students will develop certain basic skills such as reading, analysis and interpretation of statutes. They will discuss fundamental aspects of the legal process, e.g. how courts “apply laws” or main functions of law enforcement bodies.

3._______________Topics covered in this course include crimes against persons and property with special emphasis placed upon the law of homicide.

4._________________This course covers regulation of law enforcement conduct during the investigation of crimes. Topics include search and seizure, types of surveillance, identification procedure, etc.

5._________________This course covers the general principles of federal constitutional law, including distribution of authority between the national government and the state government; the judicial functions in constitutional cases; intergovernmental relations; the federal constitution and its amendments.

6._________________This course covers the process of litigation at the level of district courts and appeal at the level of Supreme Court. Students will study and analyze different procedural documents on state and federal levels.

7._________________The course covers the fundamental principles of formation, interpretation, performance and enforcement of legally binding agreements.

152

5..

1.Which courses cover basic skills that students will need in their future career?

2.Do you have the same courses at your university?

3.What is the difference between these courses and the courses at your university?

4.Which course are you mostly interested in? Why?

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, a “legal”, “public”, “private”.

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“legal”.

1.To the rest of the world the English legal profession is very strange because historically there were two types of lawyers: barristers and solicitors.

2.Every legal system has many shortcomings.

3.Criminal charges and divorce are normally seen as matters needing legal help and advice.

4.Not every accident victim has a legal remedy. Some accidents are nobody’s fault.

153

5.There is a large information gap in people’s awareness of their legal rights.

6.Such legal knowledge as people had came largely from newspapers and television.

7.The new Community Legal Service aims to provide legal information as well as legal advice and representation.

8.Newspapers regularly carry frightening stories about losers in legal actions who face bills of thousands of pounds.

9.Legal costs of the lowest income group are paid by the state.

10.Legal aid is usually granted as long as financial test is satisfied.

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Private citizens, private relationships, private information, private law, private life, private property, private expert laboratories, private bank, private office, private school, private meeting, private letter, private bill, private life.

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Public relations (PR), public law, public morality, public service, public library, public lands, public notary, public facilities, public opinion, public debt, public figure, public order, public holidays, public office, public school, public act.

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1.It usually takes three years to complete law degree programmes in the UK.

2.______ , these programmes typically include core subjects such as criminal law, constitutional law, administrative law, contract law, tort law, land law, etc.

3.______, students are often required to take courses covering skills such as legal writing and legal research.

4.There are also optional (elective) courses available. ____ many law students often choose courses that will be useful in their future career.

5.Many universities _____ offer courses on legal practice.

6.________, for students who wish to work in a commercial practice, knowledge of foreign languages is essential.

7.______ law firms hire recruits, they generally look at four things: education, personality, work experience and language ability.

8.______ English is the language of the international legal community, law firms increasingly expect graduates to have a good command of English.

154

UNIT 2. SYSTEM AND CLASSIFICATION OF LAW

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1.Reading books is useful.

2.Asking him about it is useless.

3.Writing a good report is not easy.

4.Your being here means much more than just pleasure.

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1.I like reading books.

2.I am pleased with his studying English so hard.

3.They insisted on our meeting.

4.I’ve given up smoking.

5.I had the pleasure of knowing him personally.

6.We haven’t had a chance of learning the truth.

155

7.Did he have any special reason for saying that?

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1.The bus passed without stopping.

2.Learn to swim by swimming.

3.On arriving at the station they found out that the train had started.

4.Making sure I had the right number, I phoned again.

5.Having passed my driving test, I was able to buy my first car.

6.She spent all yesterday afternoon cleaning the flat.

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1.The train arriving at platform 8 is the 17.50 from London.

2.The white stone house being built near the park is a new building of the Art Museum.

3.Law dealing with the structure of the government is called constitutional.

4.Employment law is the law relating to the employment of workers, their contracts, and conditions of work.

5.Contract law deals with legally binding agreements between people or companies.

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1.The weather this summer is disappointing.

2.The tone in which she spoke with me was convincing.

3.The students’ tests results were pleasing.

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FUNCTION

EXAMPLES

TRANSLATION

Subject

Object

Predicative

Attribute

Adverbial Modifier

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1.I have been convicted of breaking the law because I was trying to stop others from doing so. It’s totally unjust.

2.Generally speaking, this law treats of rules, principles, and maxims which govern the decisions of a court.

3.The law may be seen as a binding or enforceable rule of conduct passed by legislation, and recognized as such by the community.

4.Laws can also be classified as being either Substantive, or Procedural Law.

5.English law has an evolving history dating from the local customs of the Anglo-Saxons, traces of which survived until 1925.

6.Every country has its own historically developing system of norms, legal institutions and branches of law, which regulates different types of social relations.

7.Contract law deals with legally binding agreements between people or companies that are called parties to a contract.

8.Having explained this simple law of war that delivers all enemy persons and property absolutely to the victor or occupant, the author approaches the more intricate subject of neutrality.

9.The rules of bringing the breaching party into court and the conduct of the trial are rather mechanical and constitute procedural law.

10.A clearer comparative understanding is also critical in assessing the effects of Western legal ideas in Russia.

11.If an Englishman wants to sell property he owns in France to another Englishman, any English court must consider French law when deciding the legality of the contract of sale.

12.In all legal systems there are institutions for creating, modifying, abolishing and applying the law.

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). 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 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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Matt and Luther decided to skip school. They (take) Luther’s brother’s car without (tell) him and (drive) to a local shopping center. (Ignore) the sign “Parking for Handicapped Persons Only”, they (leave) car and (enter) a radio and TV shop. After (look) around, they (buy) a portable AM-FM radio. Then they (buy) some sandwiches from a street vendor and (walk) to a nearby park. While (eat), they (discover) that the radio (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

157

in one side of their car. The dent (appear) to be the result of a driver’s carelessly backing out of the next space. They also (notice) that the car ( be broken) into and that the tape deck (be removed). They (call) the police to report the accident and theft. When the police (arrive), they (seize) a small clear bag (contain) illegal drugs from behind the car’s back seat. Matt and Luther (be arrested).

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1.What offences did Matt and Luther commit?

2.What branches of law are involved in the story?

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TEXT

CLASSIFICATION OF LAW

Every country has its own historically developing system of norms, legal institutions and branches of law, which regulates different types of social relations. In order to understand different aspects of a system of law it is necessary to look at various classifications of law. Numerous classifications that vary from country to country usually reflect the peculiarities of different systems of law. Nevertheless there are the most common divisions singled out by contemporary jurists. Thus law is frequently classified into public and private and substantive and procedural.

The distinction is often made between public and private law. Public law deals with matters that affect society as a whole. It includes areas of the law that are known as criminal, constitutional and administrative law. These are the laws that deal with the relationship between the individual and the state, or among jurisdictions. For example, if someone breaks a criminal law, it is regarded as a wrong against society as a whole, and the state takes steps to prosecute the offender.

Private law, on the other hand, deals with the relationships between individuals in society and is used primarily to settle private disputes. Private law deals with such matters as contracts, property ownership, the rights and obligations of family members, and damage to one's person or property caused by others. When one individual sues another over some private dispute, this is a matter for private law. Private suits are also called "civil" suits.

The next classification which is widely used is subdivision of law into substantive and procedural. There are many laws and legal rules found in statutes, cases decided by courts (legal precedents) and other sources that are applied by courts in order to decide lawsuits. These rules and principles of law are classified as substantive law. On the other hand, the legal procedures that provide how lawsuit is begun, how the trial is conducted, how appeals are filed, and how a judgment is enforced are called procedural law. In other words, substantive law is the part of the law that defines rights, and procedural law establishes the procedures which enforce and protect these rights. For example, two parties entered into a contract, but then one of the parties breached this contract. The rules of bringing the breaching party into court and the conduct of the trial are rather mechanical and constitute procedural law. Whether the agreement was enforceable and whether the other party is entitled to damages are matters of substance and will be determined on the basis of the substantive law of contract.

The jurists of all countries admit that it is necessary to differentiate between international law and national law. The latter is also called domestic law or municipal law. Domestic law is the law which is applicable within the boundaries of one state. International law is the body of legal rules that regulate relations between sovereign states. It is a special system which is not a part of the national law of the state. There are some important differences between international law and do-

158

mestic law. Domestic laws are passed by legislative bodies, most of which have popular political support. International laws, on the other hand, are created by agreements between governments of different states. As a result, they don’t have the support from individual citizens. Enforcement of international laws is also different. Many international agreements or treaties are not binding; even when nations agree to be bound, it is unclear how obligations to be enforced. Countries differ greatly with regard to the importance attached to international obligations. Some states consider international obligations superior to their domestic laws, but in most cases international obligation are considered as a part of national law.

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