Law. Police. Society (Право. Полиция. Общество). Часть III. Учебное пособие по английскому языку

UNIT 7

FAMILY LAW

The family is the most basic unit of government. As the first community to which a person is attached and the first authority under which a person learns to live, the family establishes society's most basic values.

Charles Caleb Colton

STARTING UP

Task 1. Look at the sayings. What do they mean? Which of the ideas do you agree with?

1.In time of test, family is best. Burmese Proverb.

2.“The family is the school of duties — founded on love.” Felix Adler.

Task 2. Read the definitions of Family Law copied from dictionaries. Comment on similarity and underscore distinctions.

1.The body of law dealing with marriage, divorce, adoption, child custody and support, and other domestic-relations issues. — Also termed domestic relations; domestic-relations law. Blacks Law Dictionary.

2.Body of law regulating family relationships, including marriage and divorce, the treatment of children, and related economic matters. Encyclopædia Britannica.

3.Collectively, those laws dealing with matters of significant impact on family relationships, particularly adoption, divorce, custody, and abuse. Webster’s New World Law Dictionary.

Task 3. Answer these questions and compare your answers with a partner:

1. Is Family Law classified as a subdivision of Civil Law or Criminal

Law?

2.Are there any separate courts for settlement of Family Law disputes in Russia?

3.Are such wrongdoings as child abuse, domestic violence, juvenile delinquency under consideration of the jurisdiction of Family Law or any other type of law?

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4.What types of families do you know?

5.Are there any single parent families in Russia?

6.Is the number of single parent families increasing or decreasing in current Russia?

7.What types of families dominate in Russia so far?

8.What countries in the world have legitimated the same-sex marriage?

9.What is the attitude to the problem of “the same-sex marriage” in

Russia?

Task 4. What types of issues does family law deal with in Russia? Read about matters covered by family law in the USA. Are they the same or different in Russia?

Family Law encompasses a broad range of legal topics involving marriage and children. Common family law subjects include divorce or annulment, child custody and visitation rights, child support payments, and spousal support / alimony. Family Law specifically deals with children in regards to adoption, guardianship, state child protection, domestic violence and restraining orders for adults.

Task 5. Name fundamental terms which are key-notes for principal issues of Family Law. Compare your answer with core terms of Task 1 in the Vocabulary section.

LANGUAGE ACTIVITIES

I. Vocabulary. Terminology on the topic “Family Law”

Task 1. Study words and word combinations on the topic “Family Law” and match the core terms of the left column with their definitions of the right one.

Task 2. Complete the word-building chart, use more than one derivatives where possible:

Task 3. Using the above filled chart find out English derivatives to the Russian words and word combinations given below:

завершение; наследник; разведенная жена/муж; злоумышленник; покровитель; опекун; приемный ребенок; законнорожденный ребенок; усыновитель; нарушитель; нарушение; жестокое обращение; расторжение; насилие; законнорожденность; опека.

II. Reading

Text A

Task 1. Read the text “What is Family Law?” and entitle each part (A–F) choosing an appropriate heading in the box:

Child guardianship; Domestic violence; Legal status of marriage; Roots of Family Law; Legal dissolution of matrimony; Matters of Family Law

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What is Family Law?

A._______ Family Law is a body of law regulating family relationships including marriage and divorce, the treatment of children, and related economic matters. It deals with the nature of marriage and issues arising throughout marriage including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction. It settles the termination of the relationship and matters including annulment, property settlements, alimony and parental responsibility.

B.______ Most of the changes made in family law in the late twentieth century have been based on changing concepts of marriage, family, and gender and go back to European Feudalism, Canon (church) Law and custom. In the past, Family Law was closely connected with the law of property and succession and originated in property questions created by the transfer of a female from her father's family to the power and guardianship of her husband.

C.____ During Anglo-Saxon times in England, marriage and divorce were private matters. Following the Norman Conquest in 1066, however, the legal status of a married woman was fixed by Common Law, and Canon Law prescribed various rights and duties. The result was that the identity of the wife was merged into that of the husband; he was a legal person but she was not. Upon marriage, the husband received the entire wife's personal property and in return, the husband was obliged to support the wife and their children.

D._______ Divorce Law has also changed over time. In colonial America, for example, divorce was extremely rare. By the ninth or tenth century, the divorce rate in Europe had been greatly reduced under the influence of the Church, which considered marriage a sacrament instituted by God. Judicial divorce was a time-consuming and costly process. The Catholic Church labeled divorce a sin, and Protestant denominations saw it as a mark of moral degeneration.

E.________ Finally, the issue of divorce raised the problem of child

custody. Traditionally, fathers retained custody of their children. This tradition weakened in the 19th century, as judges adapted two doctrines governing child custody. The “best-interests-of-the-child” and the “tender years” doctrines balanced a new right of the mother to custody of the child and later gave mothers a presumptive right to their young children.

F._______ Family Law shares an interest in certain social issues with other areas of law, including Criminal Law. For example, one issue that has received considerable attention since the late 20th century is the very difficult problem of violence within the family, which takes the form of physical violence by one adult member on another or by an adult on a child or some other violent or abusive conduct within a family circle. In serious cases the only

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real solution may be to terminate cohabitation or to remove an abused child from the family unit into some form of public or foster custody.

Task 2. Read the text and answer these questions:

1.What issues does Family Law deal with?

2.What periods of history does Family Law date back to?

3.What are the sources of European Family Law?

4.What types of law in earlier times was Family Law associated with?

5.Which member of an antique family was a legally capable person?

Why?

6.How did the medieval moral and church categorize divorce?

7.How did innovative judicial concepts result in child custody

changes?

8.What is the solution of the problem of abusive behavior against chil-

dren?

Task 3. Match each definition given below with a term or termcollocation in bold in the text:

1)— the manner of dealing with children;

2)— was enforced to maintain his wife;

3)— cruel and violent manner of dealing with children;

4)— take a child into their family for a period of time, without becoming the child's legal parents;

5)— cruel and violent treatment of husband or wife;

6)— the position of being a guardian;

7)— the state or condition of living together as husband and wife without being married;

8)— all the rights, duties and powers that by law a parent of a child has in relation to the child;

9)— the process of giving birth as a surrogate mother or of arranging such a birth;

10)— dissolution of matrimony by judgment of a court.

Task 4. Among different meanings in Russian choose the most appropriate one that corresponds to the idea of the English text.

1.Treatment: 1) лечение, уход; 2) обсуждение; 3) обращение, обхождение; 4) обработка; 5) перевоспитание малолетних правонарушителей.

2.Adoption: 1) принятие (закона, резолюции); 2) усыновление, удочерение; 3) подтверждение, утверждение (оспоримой сделки).

3.Legitimacy: 1) закономерность; 2) законнорожденность; 3) законность, правильность.

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4.Annulment: 1) аннулирование, отмена; 2) судебное решение о признании брака недействительным; 3) лишение родительских прав.

5.Succession: 1) последовательность, непрерывный ряд; 2) наследование; 3) севооборот.

6.Alimony: 1) питание, пища; 2) алименты; 3) содержание (мате-

риальное), помощь.

7.Availability: 1) годность, полезность, пригодность; 2) наличие, присутствие.

Task 5. Match the English synonyms. Choose a Russian equivalent:

Task 6. According to the idea of the text fill in the blanks with a proper issue of Family Law from the box:

1) Marriage and Living Together; 2) Reproductive Rights; 3) Divorce and Alimony; 4) Domestic Violence and Child Abuse; 5) Parental Liability and Emancipation; 6) Adoption and Foster Care; 7) Child Custody and Child Support

What Does Family Law Cover in the USA?

Civil procedures and legal matters involving family members' financial responsibilities, custodial rights, eligibility, and other obligations generally fall under the family law category. The following is a list of Family Law topics.

A._______. Eligibility requirements such as age and gender (i. e., same-sex marriage) are primarily governed at the state level. Also, different states have different laws governing legal partnerships other than marriage.

B.______ . It is also called “dissolution of marriage”. Divorces come about via court order, either with or without legal representation. Sometimes one spouse will be required to provide financial support for the other after a divorce.

C._______ . When parents get divorced, the court must decide what is in the best interests of the children, which includes living arrangements and financial support.

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D._______ . A variety of legal considerations may come into play when adopting or fostering a child.

E._______ . Parents often are liable for the actions of their children. Some children may become “emancipated” if they can prove their maturity and ability to live apart from their parents.

F._______ . Laws governing abortion, birth control, artificial conception, and other reproductive rights are established at the state level and often change.

G._______ . While these violations are handled in criminal court, they often raise legal issues affecting the family, as well.

Glossary to the topic “Family Law”

abduction — насильственное похищение какого-либо abuse — оскорбление, плохое, жестокое обращение adoption — усыновление, удочерение

adult ['ædAlt], [ə'dAlt] — взрослый, совершеннолетний, зрелый человек alimony ['ælımənı] — алименты, содержание (финансовое), помощь availability — годность, полезность, наличие, присутствие

child custody — опекунство cohabitation — сожительство consent — согласие

degeneration — вырождение, перерождение

denomination — деноминация, вероисповедание, конфессия dissolution — расторжение, ликвидация, роспуск

eligibility ["elıGə'bılətı] — обладание правом, приемлемость, годность emancipate — освобождать от родительской опеки, объявлять совершеннолетним

foster — v воспитывать чужого ребенка (в своей семье); adj. приемный guardianship — опека, опекунство, попечительство

issue ['ıSH] — спорный вопрос, проблема, дело, тема legal person — юридическое лицо, дееспособное лицо

legitimacy [lı'Gıtıməsı] — законнорожденность, законность liable ['laıəbl] — обязанный, ответственный

living arrangement — проживание

marriage — брак, супружество, замужество, женитьба matrimony — супружество, брак

matter — вопрос, дело

maturity [mə'Cu(ə)ritI] — зрелость, совершеннолетие (о человеке) merge [mE:G] — погружаться, поглощать, сливаться, соединяться obliged [ə'blaIGd] — вынужденный, принужденный

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originate (in, from) — брать начало (в, начинаться) prescribe — предписывать, устанавливать presumptive — предполагаемый, предположительный

property settlement — раздел совместно нажитого имущества provision — предоставление, обеспечение, условие

reduce [rI'djHs] — ослаблять, понижать, сокращать, уменьшать restraining order — судебный запрет

retain — сохранять, удерживать, поддерживать sacrament — таинство, тайна

share — делить, распределять, разделять sin — грех

single parent — матьили отец-одиночка, одинокий родитель spouse [spauz] — муж, супруг; жена, супруга

stepfamily — семья с детьми от разных браков succeed [sək'sJd] — наследовать, быть преемником

succession [sƏk'seʃ(ə)n] — наследование, последовательность support — содержание, материальное обеспечение

support payment — выплата алиментов

surrogacy ['sArəgəsI] — вынашивание чужого ребенка termination — конец; окончание, завершение treatment — обращение, обхождение, уход

visitation rights — право посещения (родителем ребенка)

III. Listening

Task 1. Listen to the text “Family Groups and Law” and answer the following questions:

1.How many types of family groups are there in the up-to-date society?

2.What family structure is prevailing nowadays?

3.What were the reasons of the rapid growth of one-parent families?

4.What are the reasons for the growth of one-parent families in the 21st

century?

Task 2. Listen to the extracts of the text and fill in the blanks. Family Groups and Law

The _____family or nuclear family is the traditional type of family structure. This family type consists of two parents and children.

The ______ family consists of one parent bringing up one or more children on his own.

Over half of all marriages end in_____, and many of these individuals choose to get_______. This creates the_______, which involves ________

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merging into one new unit. It consists of a new husband or wife and their children from previous marriages or relationships.

The ______family consists of two or more adults who are related, either by ____or_____, living in the same home and working toward common goals. Such family usually includes______, aunts or _____and ______ living together.

In the ______family a variety of legal considerations may come into play when adopting or fostering a child. The ordinary legal principle is that the consent of a natural parent or guardian is required for an adoption order by a court. This consent may be dispensed with if the ________or

_______cannot be found or has proved to be uninterested or cruel.

At present the dominant form of the family consists of __ ___ and the

_____ they have produced or adopted. The law mainly deals with ____of the

____ and their children and the duties of the couple to the children and to each other. In a ______ society, for example, the law will forbid a person to be married to more than one other person at the same time, while in other societies it will regulate the number of____ a man may simultaneously have (as Islamic law does).

There was a rapid increase in the number of ______ families in the latter half of the ______ century. In the mid-twentieth century, most one-parent families came about because of ____of a spouse. In the 1970s and 1980s, most one-parent families were the result of ___. In the early 2000s, more and more single parents ___ ____ ____.

It may be necessary to adapt the law to a greater extent to the needs of one-parent families in areas such as the ___ __ _____ and child-welfare services and the legal and administrative system for family support, employment assistance, day nurseries, and the like.

Task 3. Read the script and check your answers.

IV. Speaking

Task 1. Say what you have learned about the Family Law and its issues from the aforesaid texts.

Task 2. What is your opinion about the statement “The most socially subversive institution of our time is the one-parent family” (Paul Johnson)? Do you agree with the idea? Make up a dialogue including discussion of a single parent family.

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Task 3. Look through the information of the whole Unit and be ready to make a presentation or report on the topic “Family is a special institution with its special problems”.

V. Writing

Task 1. Write an essay entitled “The Issue of the Up-to-date Family Structure”.

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