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Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

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14.Expressthesamenotioninonewordusingtheprompts:

compensation, damages, diagnosis, incident, inexperience, injury, negligence,1. Breachplaintiff,of a dutyvictimof care. which results in damage.

2.Physicalharmordamagetosomeone’sbodycausedbyanaccident or an attack.

3. Lack of knowledge or experience.

4. The identification of the nature of an illness or other problem by examination of the symptoms.

5. Something, typically money, awarded to someone in recognition of loss, suffering, or injury

6.Moneythatispaidtosomeonebyapersonororganizationwhohas been responsible for causing them some injury or loss.

7. An instance of something happening; an event or occurrence. 8. The party that institutes a suit in a court.

9. A person who has been harmed by a crime, accident, or other adverse circumstances.

15. Make up a plan of the text and retell the text according to your plan.

WRITING: ACADEMIC SUMMARY

16. Read an excerpt of thearticle “The Cruel Lesson of aSingle Medical Mistake” written by Daniela J. Lamas and write its summary in Russian and/orEnglishusing“Howtowriteanacademicsummary”p.23.

Daniela J. Lamas, a contributing Opinion writer, is a pulmonary and

critical-carephysicianatBrighamandWomen’sHospitalinBoston.

Weallcarrythememoryofourmistakes.Forhealthcareworkerslike me,thesememoriessurfaceintheearlymorningwhenwecannotsleepor at a bedside where, insome way, we are reminded ofa patient who came before. Most were errors in judgment or near misses: a procedure we thought could wait, asubtle abnormality invital signs that didn’t register as a harbinger of serious illness, an X-ray finding missed, a central line nearly placed in the wrong blood vessel. Even the best of us have stories of missteps, close calls that are caught before they ever cause patient harm.

Butsomearemoredevastating.RaDondaVaught,aformerTennessee nurse, is awaiting sentencing for one particularly catastrophic case that

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tookplacein2017.Sheadministeredaparalyzingmedicationtoapatient before a scan instead of the sedative she intended to give to quell anxiety. The patient stopped breathing and ultimately died.

Precisely where all the blame for this tragedy lies remains debated. Ms. Vaught’s attorney argued his client made an honest mistake and faulted the mechanized medication dispensing system at the hospital where she worked. The prosecution maintained, however, that she “overlooked many obvious signs that she’d withdrawn the wrong drug” and failed to monitor her patient after the injection.

Criminal prosecutions for medical errors are rare, but Ms. Vaught was convicted incriminal court oftwo felonies and now faces up toeight years in prison. This outcome has been met with outrage by doctors and nurses across thecountry. Many worry that her case creates adangerous precedent, a chilling effect that will discourage health care workers from reporting errors or close calls. Some nurses are even leaving the profession and citing this case as the final straw after years of caring for patients with Covid-19.

From my vantage point, it is not useful to speculate about where malpractice ends and criminal liability begins. But what I do know as an intensive care unit doctor is this: The pandemic has brought the health care system to the brink, and the Vaught case is not unimaginable,especiallywithcurrentstaffingshortages.Thatis,perhaps, the most troubling fact of all.

But when it comes to medical errors, that is rarely the reality. Health care workers and the public must acknowledge that catastrophic outcomes can happen even to well-intentioned but overworked doctors and nurses who are practicing medicine in an imperfect system. Punishing one nurse does not ensure that a similar tragedy won’t occur in a different hospital on a different day. And regardless of the sentence that Ms. Vaught receives in May and whether it is fair, her case must be viewed as a story not just about individual responsibility but also about the failure of multiple systems and safeguards. That isa harder narrative to accept, but it is a necessary one, without which medicine will never change. And that, too, would be a tragic error but one that is still in our power to prevent.

FindthefulltextofthearticleatURL:https://www.nytimes.com/2022/04/15/

NB! opinion/radonda-vaught-medical-errors.html

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17. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.

 

What’sthe Verdict?

 

JUST FOR FUN

You are the judge in tricky courtroom quizzes. You don’t need to be

a lawyer to get the “right” answer. Care, common sense and imagination

should lead to the correct solution in a case, regardless of previous

education or training.

1.HairTodayandTo orrow

A hair removable clinic offered to permanently remove facial hair. It

advertises that theresults are guaranteed. Inresponse to the ads, Shirley

went to the clinic and paid for the treatment. Shirley’s hair loss was not

permanent and she sued for breach of contract.

Did Shirley win?

2.TheFatalTrip

Ab was a chronic alcoholic. On this first day in the hospital, he had

aconvulsionwhileonroutetothebathroom.Hestruckhisheadanddied.

Abe’s trip to the bathroom was unsupervised by hospital staff.

Did Abe die external, violent and accidental means?

Delores, 22 and unmarried, was severely injured in a car accident.

 

3.BloodRights

She was taken unconscious to a nearby hospital, badly needing a blood

transfusion. Delores

and her parents were Jehovah’s Witnesses.

The parents refused to consent to the transfusion. The hospital authoritiesgobeforeajudgeinordertoobtainpermissiontogiveDelores a transfusion.

Can the judge authorize the transfusion?

Utility Insurance4.TheCompanyGoodNemployedwsandtheDrBad. SmithNewsto examine Irving, an applicant for insurance. Irving badly needed insurance, but was very sick. Irving conspired with Dr. Smith to submit a false medical report. Utility granted insurance to Irving on the basis of the false report. Irving died soon after and Utility paid his beneficiaries. Some time later, Utility discovered the fraud and sued Dr. Smith and Dr. Smith’s medical malpractice insurer. The insurer was responsible for the doctor’s “malpractice” and his “errors or mistakes.”

Can Utility recover from Dr. Smith’s insurer?

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International law2.2.is7. INTERNATIONALa set of rules andLAWprinciples governing the relations and conduct of sovereign states with each other, as well aswithinternationalorganizationsandindividuals.Issuesthatfallunder international law include trade, human rights, diplomacy, environmental preservation,andwarcrimes.Generallyspeaking,thegoalofinternational law is to promote peace and order between nations. What do you know aboutinternationallaw?Whatsourcesofinternationallawdoyouknow? What organizations are responsible for overseeing theissues mentioned above?

1. . FormedTerminologyor used forandspecificDefinitionsor immediate problems or needs.ad hoc

2. . The body of jurisprudence that undertakes to reconcileConflictsuchofdifferenceslaws or to decide what law is to govern in these situations; the principles of choice of law

3. . The body of international legal principles containedConventionalin treaties law

4. International obligations arising from established internationalCustomapracticesy law. .

5. The law or legal system established within a state togovernDomesticevents,lawtransactions,. andpersonswithinorhavingaconnection to that state; also internal, municipal, national, or local law/legal system.

6. .Anaggregationofpeopleorpeoplesofoneormorecultures, races,Natietc, organizedinto a single state.

7. . A written agreement between two or more countries, formallyTreatyapproved and signed by their leaders.

TEXT A

1.ReadInternationalthetextandlawcompleteis … thefollowingsentences:

2. Public international law is …

3. Private international law is …

4. Supranational international law is …

InternationallawisoneINTERNATIONALofthefastestgrowingLAWlegalfields.Traditionally, it consisted of rules and principles regulating the relations and dealings

114

of nations with each other and now is commonly known as public conflict

oflaws

 

 

 

 

 

 

 

 

 

international law. Private international law, also referred to as

 

 

 

 

,dealswithrelationsbetweenstatesandindividuals,andrelations

between international organizations. A third branch of international law,

 

 

 

 

 

 

cu tomary law

 

supranational law, has been actively developing since the EU creation.

conventional law

 

 

 

 

 

 

 

and

 

Primary sources of public international law are

 

 

 

 

 

 

. Customary international law refers to international

obligations arising from established state

practice. It is probably

 

 

 

 

 

 

 

 

 

legally

the most disputed and discussed source of international law as, for

bindi g

 

 

 

 

 

 

 

 

 

example, it isnot clear1when aparticular State practice becomes a

 

 

 

 

State practice . “Conventional international law derives from

international agreements and may take any form that the contracting

parties agree upon. International agreements create law for the parties

of the agreement. They may also lead to the creation of customary

internationallawwhenthey2

areintendedforadherencegenerallyandare

in fact widely accepted.”

 

 

 

 

 

 

 

 

 

Public international law, in terms of substantive law, can be

subdivided into the following fields: International economic law;

International criminal law; International environmental law; Diplomatic

law; International humanitarian law or law of war; International human

rights law.

 

 

 

 

 

 

 

 

 

“International law is practised on a daily basis in the Foreign

Offices, national courts and other governmental organs of states,3

as well

asininternationalorganisationssuchastheUnitedNations” andothers.

The UN isthe most influential among internationalorganisations. It aims

at maintaining peace and security, developing friendly relations among

nations, achieving international cooperation in solving international

problems and has the development of International Law as one of its

 

 

 

treaties

 

 

 

 

 

 

 

primarygoals:“toestablishconditionsunderwhichjusticeandrespectfor

the obligations arising from4

 

and other sources of international

law can be maintained.”

 

 

 

 

domestic

law

“Private international law (often referred to as “conflict of laws”)

governsthechoiceoflawtoapplywhenthereareconflictsinthe

 

 

 

 

 

of different nations related to private transactions between those

nations. Private international law deals with a variety of topics such

ascontracts,marriageanddivorce,jurisdiction,5

recognitionofjudgments,

child adoption and abduction, and the like.” In other words, it regulates disputes between private individuals and/or legal bodies of different sovereignstatesbyansweringthequestionswhatjurisdictionacasemay be heard and what laws to apply.

115

“Supranational law or the law of supranational organizations

governs ‘integrationist’ organizations or unions such as the European

Union, where the founding international treaties provide that

municipal or national laws are held inapplicable when in conflict with

the supranational legal system. … Integration (political or economic)

requires that members of an organization give up some of their

sovereignty and create a supranational organization – a treaty-based6

entitywhosepowers‘limit’thesovereigntyoftheconstituentmembers.”

The EU is the only union achieved the status of a supranational union,

suchorganisationsastheAfricanUnionandtheUnionofSouthAmerican

Nations being examples of organisations intending to create a similar

level of integration.1

 

 

 

Customary International Law. URL: http://www.peacepalacelibrary.

Notes:

nl/research-guides/public-international-law/customary-

2

international-law/

 

3

DixonSourcesM.ofInternational Law. URL: https://www.law.cornell.edu/wex/

international_law

 

4

Textbook on International Law. OUP Oxford, 2007. P.4.

5

The Charter of the United Nations, Preamble.

6

TsokodayiPrivateInternationalC

Law.URL:https://law.duke.edu/ilrt/def_terms_3.

htm

Sovereignty and supranational organizations. URL:

 

http://www.examiner.com/article/sovereignty-and-supranational-

 

organizations

 

 

2. Find in the text the English equivalents for the following words and

государство (2); торговые связи, деловые отношения; коллизион-

phrases:

 

ное право; разногласия; материальное право; законы и обычаи во-

йны; усыновление и похищение детей.

1. customarylaw

a)state, country

3.Matchthewordsontherightwiththeirdefinitionsontheleft:

2. conventional law

b) law consisting of commonly repeated customs,

 

practices and beliefs that are accepted as legal

 

requirements or obligatory rules of conduct

3. treaty

c) law based on or formed by agreement

4. nation

d) a formally concluded and ratified agreement

 

between states

116

legal

inapplicable

4.Makeupwordcombinations.Usetheminthesentencesofyourown:

legal

bodies

regulate

goals

disputed

basis

primary

field

contracting

accepted

widely

parties

recognition

individuals

a daily

dealings

child

organisation

private

adoption

hold

source

influential

of judgements

1)5.AnswerWhat thedidfollowinginternationalquestions:law traditionally consist of? 2) What is another term for ‘conflict of laws’? 3) How long has supranational law beendeveloping?4)Whatareprimarysourcesofpublicinternationallaw? 5) What form may conventional international law take? 6) What bodies practice international law? 7) What issues does private international law deal with? 8) Are there supranational unions inthe world? 9) Where are the principles of substantive law applied?

6.Makeupaplanofthetextandretellthetextaccordingtoyourplan.

TEXT 2

If7.oneReadstartshetextansilentlyInternetandsearchentitleforit:the phrase ‘international courts’ pages of results will appear, Wikipedia being in the first line giving a list of more than two dozen international courts. Most of these courts are active,somewereestablishedforparticularpurposesandceasedtoexist. Another distinction of these courts is their relation to the .

The principal judicial organ of the UN is the InternationalUN Court of Justice. It was established in June 1945 by the Charter of the United

117

Nations and is located in The Hague (Netherlands). The Court’s role

is to settle legal disputes submitted to it by States and to give advisory

opinions on legal questions referred1

to it by authorized United Nations

organs and specialized agencies.

 

 

was established by

 

The

International Criminal Court (ICC)

the Rome Statute in 1998. It deals with cases involving persons charged

with genocide, crimes against humanity and war crimes. “The ICC

isanindependentinternationalorganisation,andisnotpartofthe2United

Nations system. Its seat is at The Hague in the Netherlands.” There

is the Relationship Agreement between the UN and the ICC approved by

the UN General Assembly (resolution 58/318).

ad hoc

tribunals were

 

Before the ICC came into existence, several

 

established to bring justice to victims of international crimes. The UN

Security Council established the International Criminal Tribunal for

theformerYugoslaviaandtheInternationalCriminalTribunalforRwanda.

“TheUNhasalsobeeninvolvedinvariouswayswiththeSpecialCourtfor

SierraLeone,theExtraordinaryChambersintheCourtsofCambodia,and

others.Whiletransitionaljusticeandruleoflawcontinuetobeimportant

to the UN, it is likely that the International3

Criminal Court will handle

most situations that arise in the future.”

 

 

 

 

Criminal prosecution is not the only subject matter of international

courts. Maritime disputes, nuclear energy disputes, human rights,

interpretation of

 

law, trade disputes within different organisations,

e.g.

 

,

 

, etc. are in the focus of diverse international courts

 

 

 

 

 

EU

 

 

 

 

 

functioning globally or in different geographical areas (Africa, Europe,

 

WTO SADC

 

 

 

 

 

 

Caribbean,1

etc.)

 

 

 

 

 

 

 

 

 

International Court of Justice official website. URL: http://www.icj-cij.

 

2 org/court/index.php?p1=1

 

 

 

 

Notes:

International Criminal Court official website. URL: https://www.

 

3

icc-cpi.int/en_menus/icc/about%20the%20court/Pages/about%20

 

the%20court.aspx

 

 

 

 

 

 

UN Documentation: International Law. URL: http://research.un.org/

 

 

en/docs/law/courts

 

 

 

 

8.Translatethewordsandphrasesinboldtype.

9.Readthetextagainhundredand ecidewhetherthefollowingstatementsare

1. There are twoatementisfalse,internationalcorrectit:courts in the world. 2. All trueorfalse.Ifcourtsthe

international are related to UN. 3. The main judicial body of the UN is the International Court of Justice. 4. The International Court

118

of Justice is located in Netherlands. 5. The International Criminal Court (ICC) settles legal disputes submitted to it by States. 6. The ICC is part oftheUnitedNationssystem.7.TheInternationalCriminalTribunalwas established after 1998. 8. International courts deal only with criminal prosecution.

1)0.UnitedNationsMatchthetwopartsofthedefinitions.

2) International Court of Justice

3) International Criminal Court

4) International Criminal Tribunal for Rwanda

5) WTO

6) SADC

a) a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely thecrimeofgenocide,crimesagainsthumanity,warcrimesandthecrime of aggression

b) an inter-governmental organization with headquarters in Gaborone, Botswana. Its goal isto further socio-economic cooperation and integration as well as political and security cooperation among 15 southern African states.

c) a court established in the Hague to settle disputes brought by nations that are parties to the Statute of the Court Also called: World Court

d) an international organization of independent states, with its headquartersinNewYorkCity,thatwasformedin1945topromotepeace and international cooperation and security

e) an intergovernmental organization which regulates international trade

f) the body to “prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and neighbouring States, between 1 January 1994 and 31 December 1994”

11. SearchtheInternet andfindinformationaboutotherinternational tribunals.Chooseoneofthemandprepareashortreportwithapresentation usingtheguidelinesfromAppendix1.

119

TEXT 3

12.ReadthetextandindicatethekeydatesfromtheBRICShistory:

BRICS is an informalFROMgroupTHE BRICSof statesHISTORYcomprising the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa.

On 20 September 2006, the first BRIC Ministerial Meeting was held when foreign ministers of Russia, Brazil and China and the Indian Defence Minister expressed their interest in expanding multilateral cooperation. In May 2008 after the BRICS Foreign Ministers meeting a Joint Communique was issued, reflecting common stances on topical global development issues.

In June 2009 thefirst BRIC Summit was held inRussia. BRIC Leaders issued a joint statement after the Summit. The document set forth the goals of BRIC “to promote dialogue and cooperation among our countries in an incremental, proactive, pragmatic, open and transparent way.ThedialogueandcooperationoftheBRICcountriesisconducivenot only to serving common interests of emerging market economies and developing countries, but also to building a harmonious world of lasting peace and common prosperity.” The document outlined a common perception of ways to cope with the global financial and economic crisis.

The growing economic might of BRICS countries, their significance as one of the main driving forces of global economic development, their substantial population and abundant natural resources form the foundation of their influence on the international scene. BRICS countries are influential members of leading international organizations and agencies, including the UN, the G20, the Non-Aligned Movement and the Group of 77.

Relations between BRICS partners are built on the UN Charter, generally recognized principles and norms of international law and thefollowingprinciples,whichwereagreedbymembercountriesattheir 2011 Summit: openness, pragmatism, solidarity, non-bloc nature and neutrality with regard to third parties.

The system of cooperation formats between BRICS countries includes annual scheduled summits, leaders’ meetings on the sidelines of G20 summits, meetings between high representatives responsible for national security, foreign ministers (on the sidelines of the UN General Assembly),ministersoffinanceandgovernorsofcentralbanks,ministers of agriculture and agrarian development, etc.

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