Legal English. Practicing core skills = Английский язык для юристов профессиональные навыки. Учебное пособие по английскому языку

Judge: Of course, Ms. Wild, please…

Ms.LengstenWild:Two years ago I thought I lost any kind of family that I had, forever. And my Uncle was absent in my life. Any way I waited my mother come back to me…He knows I have to ask some questions that I forgot to ask her.And I want him to tell me the stories about my mother and the family.And I want to see the pictures. I want to get my Uncle better. But the person who has become a huge part of my life … (you saved me from terrible loneliness), is Diane. And I want to live with her; I want her to be my mother.

Judge: Thank you for your statement, Ms.Wild, and I’ll take it into the consideration. I’m going to my chamber to review all the material and the statements and then I’ll deliver my decision.

Doctor Lord (to Lengster): Thank you!

…

Aboyfromthehall(callingLengster):Hey!I’vetriedtocallyou…

Ms. Lengster Wild: I need to see my Uncle anyway.

…

A boy from the hall: Lengster is in the court. Her Uncle is trying to take away her from Doctor Lord.

…

Mr. Montez (to his lawyer): Is it going to go away?

Mr. Montez’s lawyer: I’ve never said beforehand. Doctor Lord is a powerful person in town and she made a good case.

…

Doctor Lord (to her lawyer):Tell me who is going to be a winner? Doctor Lord’s lawyer: I would if it were any other judge. You can never predict what Jenkens will do. But we have a very strong case.

And Jenkens should take Lengster’s wishes into consideration. – All rise!

Judge: Please, be seated. I’ve gone over the cases presented by both petitioners and I reached the decision. Ms. Wild’s statement makes it clear that Doctor Lord ‘s done a fine job caring for her foster child. That’s it …

(Noise in the court-room, some young people are coming into the room asking Lengster some questions)

Judge: May I continue?

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Doctor Lord: Yes, indeed, we are sorry, your Honour. It is just Lengster’s family, they are worried about her.

Judge: As we see Doctor Lord, you’ve done your work fine . But responsible relatives are always desirable.There is no substitute of the ongoing relationship for the close-family member. The goal of the court is to preserve families when it is possible.

Therefore my ruling is that Lengster Wild will hereby be placed in the custody of her Uncle Ray Montez.

Video Fragment 3 (Criminal Law)

Butts, County Georgia

Deputy Chad Payne patrols the highway chasing the dangerous driver. But a routine traffic stop appears to be not an ordinary one.

–  Hey, how are you doing? … Have you got any license? … You’ve got to do me a favor. You can’t follow those trucks so close.

–  … the suspect followed the truck too close.

The police try to get the driver’s information. Payne becomes highly suspicious.

–  Do you get your license information?

–  He was more nervous than any normal person. And the driver’s license analysis was shaken our control.

–  Sir, come back here for me for just a second. You’re not carrying anything illegal in the car, are you

–  No.

–  No marijuana? No cocaine? You mind if I search it real quick? With the driver’s permission Payne begins his inspection. Inside the deputy has no trouble.

–  There was no marijuana in the compartment, but I feel probably more marijuana in core.

When he doesn’t find anything in the cab, Payne opens the trunk. Inside he finds two suspiciously looking buckets.

–  What’s in there? … sealed with dark tape. –  What is this? Do you know what’s in it? –  No

–  You don’t know what’s in it?

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The man plays dumb, but Payne suspects otherwise.

And the reason that I feel I take it from the middle, from the plastic container.

Another deputy parts off the lid. –  Get on the ground!

It’s obvious that these buckets aren’t all void. –  You’re under arrest for trafficking marijuana.

The deputies cuffed the suspect on the spot. Then they take all packets of marijuana out of the containers. But even with all the evidence the suspect denies everything.

–  He denied that we seized marijuana. The offices can congratulate each other.

–  The suspect was charged with trafficking marijuana.

Video Fragment 4 (Criminal Law)

Introduction to Negligence

The characters: the lawyer, viewing the applicant;

Pat, a young graduate, who came for an interview to a law firm.

The lawyer:…Let’s spend a little time viewing basic elements of negligence case. As you know we represent a lot of cases: medical malpractice and some legal malpractice cases, which all involve some form of negligence. So let me ask you what are basic elements of negligence case?

Pat: Duty, breach, causation and damages.

The lawyer: Good. Let’s pretend I don’t know anything about negligence case, let’s review the basic elements. What does duty mean?

Pat: Duty is a legal obligation when a person owes to another. Before you have a negligence case you have to prove that the defendant owed a duty to the plaintiff.

The lawyer: Do we owe duty to everyone?

Pat: No. there is some situation when a person doesn’t owe duty to the other. So if we feel some act, that could be a civil case of negligence, you first have to establish what the duty is, and then prove the second element, which is breach.

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The lawyer: OK! Tell me about breach.

Pat: Well, when you establish that the defendant owed the duty to the plaintiff, then you have to prove that the defendant breached the duty. All these elements mutually dependent upon each other: if you don’t have a duty, you don’t have a case. If you have a duty, but the defendant didn’t breach it, you don’t have a case.

The lawyer: How do we prove the defendant breached the duty? Pat: We show he acted improperly or negligently: violating the standards of care for doctors, we must show that the defendant acted recklessly, if the defendant is a motorist and he violated the rules

of road, you could prove breach.

The lawyer: OK! So far is so good.Tell me about the third element of a negligence case.

Pat: Causation, which is a … one, because in simple cases you have proximate cause.

The lawyer: What is proximate cause?

Pat: a proximate cause is … Well, you must prove that there is a factual direct link between what the defendant did or failed to do and injuries of the plaintiff. You’ll have to show a strong connection between the two, for the jury find the defendant’s liableto the plaintiff.

The lawyer: Give me any example.

Pat: OK!Say,aguyhasruntheredlightwithoutstopping.Wehave a duty because all motorists have a duty to obey the rules of road. The guy breached the duty by running the red light and he failed to stop and there is a direct connection to injures suffered by our client.

The lawyer: OK! Tell me about the fourth element.

Pat: Damages. Once you prove the first three elements, only then you can find out the client’s injury; you can ask the court to force the defendant to pay for the things like medical expenses related to the accident and for the pain and suffering, and as I can remember whether the spouse files to …

The lawyer: Last concession.

Pat: Yes! That is where the spouse files the defendant for causing injury to the husband, and because the husband is injured he can’t perform the activity he did before the accident.

The lawyer: That’s very good, Pat. What can you tell about special, general and punitive damages?

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Pat: Special damages are damages that are directly related to injury and have a special dollar value.

The lawyer: OK! Give me any example.

Pat: Medical bills.The plaintiff can sue for such things as medical bills, physical therapy, things like that.

The lawyer: OK! What about general damages?

Pat: Those are damages that relate to pain and suffering due to the injuries that we call general damages.

The lawyer: So far is so good! Punitive damages.

Pat: That’s easy! Punitive damages, that the court inflicts intending to punish the defendant. Those are typical things like gross negligence, reckless actions and others because they are by their nature are no intentional actions.

The lawyer: That’s very good, Pat! …

Video Fragment 5 (Commercial Law)

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy allows you to be discharged from most of your debts. That means your release from personal liability for most of your debts and creditors are prohibited from taking collection actions against you. So, does it mean that your debts disappear? Not exactly.

First of all you’ll have to file a Chapter 7 petition. And you have to be eligible under Means Test: your monthly income must be less thanthemedianincomeinyourstate.SoifyouliveinCaliforniawhere the median income is about 4500$ a month and you have 4600$, you are not eligible to file for bankruptcy under Chapter7.

Then you’ll have to go through a liquidation process: –  selling most nonexempt property

–  distributing proceeds to your creditors.

Nonexempt property could include home equipment: vehicles, electronic equipment and other valuable belongings.

And keep in mind that even you may be released from most of your debts, you’ll be still responsible for certain types of financial obligations, such as:

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–  alimony

–  child support

–  fines and penalties

–  most taxes (federal, state, city) –  and more.

Video Fragment 6 (Additional material: Family Law)

I specialize in Family Law. Family Law is the area of law that deals exclusively with family relations. As a family lawyer my practice focuses on divorce, legal suppressions and so on. I frequently deal with different sorts of issues, such as child’s custody and visitation, child support, spouse’s support and others.

What is custody? Well, custody is split into two parts: one part is physical custody, the other is legal. What does it mean physical custody? If you have a little baby today, you have a physical custody.

Legal custody reverses to decision-making power. So it govern the right to make decisions about the safety and wealth of your children.

My phone number is (323) 393-5669.

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БИБЛИОГРАФИЯ

1.The Advanced Learner’s Dictionary of Current English / A. S. Hornby, E.V. Gatenby, H. Wakenfield. Oxford University Press, 2005.

2.Англо-русский юридический словарь / С.Н. Андрианов, А.С. Берсон, А. С. Никифоров. Москва, 2003.

3.Артамонова Л. С. Пособие по устной практике для студентов старших курсов, занимающихся в группах с углубленным изучением английского языка. М.: МГЮА, 2004.

4.Мамулян А. С., Кашкин С. Ю. Англо-русский полный юридический­ словарь. М.: Советникъ, 2005.

5.OxfordAdvanced Learner’s Dictionary. 9th ed. /A. S. Hornby. Oxford University Press, 2015.

6.Oxford Dictionary of Law. 6th ed. / ed. by ElizabethA. Martin, Jonathan Law. OUP, 2006.

7.Speak out. Cambridge University Press, 2005.

8.https://yandex.ru/video/preview/7596276317978521141

9.https://webarchive.library.unt.edu/eot2008/20090507104022/

http://www.bls.gov/oco/ocos272.htm

10.https://www.ontariocourts.ca/ocj/general-public/what-do- judges-and-justices-of-the-peace-do/

11.https://webarchive.library.unt.edu/eot2008/20090507104022/

http://www.bls.gov/oco/ocos272.htm

12.http://en.wikipedia.org/wiki/Justice_of_Peace

13.https://en.wikipedia.org/wiki/Family_law

14.http://www.bbc.co.uk/worldservice/learningenglish/grammar/learnit/learnitv79.shtml

15.https://en.wikipedia.org/wiki/Fathers%27_rights_movement

16.https://en.wikipedia.org/wiki/Child_custody

17.https://en.wikipedia.org/wiki/Substance_abuse

18.https://www.citizensinformation.ie/en/justice/criminal_law/ criminal_offences/

19.https://yandex.ru/video/preview/2374888995269018727

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20.https://en.wikipedia.org/wiki/Prohibition_of_drugs

21.http://en.wikipedia.org/wiki/Anti-drug

22.http://en.wikipedia.org/wiki/Drug_control_law

23.https://en.wikipedia.org/wiki/Negligence

24.https://legal-dictionary.thefreedictionary.com/Negligence

25.https://yandex.ru/video/preview/16306784430086089631

26.https://www.thebankruptcysite.org/topics/your-home-bank- ruptcy.html

27.https://www.law.cornell.edu/wex/bankruptcy

28.https://en.wikipedia.org/wiki/Bankruptcy

29.http://www.youtube.com/watch?v=mqxaQlA_Ecw&feature=related

30.https://yandex.ru/video/preview/2119395873991186034

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