Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

Delict

action is brought

8.

Enf

. A wrongful act for which the person injured has the right

rce

to a civil remedy.

9.

. Compel observance of or compliance with (a law, rule,

Legaldispute

or obligation).

.Aconflictorcontroversy,esp.onethathasgivenrise

10.

Legallybinding

to a particular lawsuit.

. Enforceable by law.

11.Litigation

12.

.Theprocessofresolvingrights-baseddisputesthrough

the court system, from filing a law suit through arguments on legal

motions, a discovery phase involving formal exchange of information,

Plaintiff

courtroom trial and appeal.

13.

Precedent

. A party who institutes a legal action

14.

. A court decision that is considered an authority for

deciding subsequent cases involving identical or similar facts, or similar

Remedy

legal issues.

. A form of court enforcement of a legal right resulting

15.

Supran ional

from a successful civil lawsuit.

16.

Tort

. Involving more than one country, or having power

or authority thatis greater than that of single countries.

17.

. A civil wrong that occurs where someone unfairly causes

of Roman Law in the Middle Ages, with influences from many other legal

systems. Today, civil law continues to be the most common legal system

in the world.

In the latter part of the 20th century and continuing into the 21st

century, civil-law systems underwent substantial modification asa result

of the changing sources of law in modern states. In fact, all modern civil-

law systems started using uncodified statutory law in order to regulate

broad areas of social and economic life. Such legislation falls outside

thescopeofthetraditionalcivilcodes,evenwhenittouchesonquestions

concerning

or

–areas

of law that were traditionally

governed by the codes.

delict

contract

Contemporarystatutorylawtendstoreflectabroaderroleofthestate

in modern society, even in the areas traditionally considered to be part

of“private”law.Theinfluenceofclassicalcodesdecreased,asmanycode-

based legal systems now rely on extensive areas ofnon-codified “special

legislation” as well as the

of national and

courts. The traditional divisions of areas of law within civil codes have

ca e law

supranational

becomecincreasingly uncertain as the law addresses new problems,

such as

and sports law, that were not considered

bythepriorlegalcategories.Public-lawconcernshavepenetratedalmost

nsumer protection

every area of the civil law: equal treatment principles, for example, have

completely transformed the previously patriarchal family-law provisions

of civil codes everywhere.

(https://www.law.cornell.edu/wex/civil_law)

Based on

and

(https://www.britannica.com/topic/

Wex

civil-law-Romano-Germanic)

Britannica

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

отрасль права; обязанности; физическое лицо; юридическое лицо;

phrases:

частное лицо; присяжные заседатели; источники права; регулиро-

ваться; прецедентное право; принципы равноправия.

1. legal person

a) laws and regulations aimed at safeguarding

3.Matchthewordsontherightwiththeirdefinitionsontheleft:

buyers of goods and services against

low quality or dangerous products and

advertisements that deceive people.

2. natural person

b) a civil wrong permitting compensation

TEXT 2

7.Readthetextandmakealistoftortsmentionedinit:

“When

TORTS

we think of modern civil litigation, we usually think

ofcontractoroftort–disputesgrowingoutoftrade,ortherelationships

between employer and employee, or the agreements under which

corporations and partnerships are organized and do business …; or

actionstocompensatefordamagenegligentlydonetopersonortogoods

(mostly on the highway or, lately, in the hospital), or intentionally, for

rights.”fraud, libel,1

invasion of privacy, … and (again lately) deprivation of civil

The word “tort” is derived from the French language meaning

“wrong”.Inlegalterminology,thewordmeansanycivilwrongotherthan

breach of contract or breach of trust.

“Lawyers group under this general heading of Tort all acts of any

person or

organization

which by law gives to any other person

or organization the right to claim damages or other legal remedies

against the “actor” (as lawyers call the person doing an act), other than

acts which give a right to claim damages for breach of contract, contract2

being ... an obligation voluntarily undertaken byone personto another.”

Contract law “enforces duties set out in parties’ agreements... Tort law

requires no express agreement between the parties for a duty to arise,

but instead simply assumes that all members of society have a common,

unspoken3

duty to refrain from behavior that will cause harm to other

people.”

“Whenatortiscommitted,thesameactisoftenalsoacrime.However,

the essential difference between torts and crimes is that the former

are the subject of civil law disputes between private individuals, and

the latter are prosecuted by the state. Sometimes an individual takes

anactioninthelawoftortbecausehehasbeenthevictimofthecrimebut

has gained no benefit from the criminal prosecution. Sometimes there

is no criminal prosecution because … it is difficult to find a criminal law,

which covers a tortious act. For example, simply entering land without

the owner’s permission4

is not a crime in English law. It is, however,

and the person detained was not forced or inconvenienced. Other torts

are used in many different situations, e.g., the tort of negligence. This

includes reckless motorists, doctors who diagnose wrongly or give

the wrong treatment to patients, etc.

The next tort to consider is nuisance. There are nuisances of two

types:publicandprivate.Publicnuisancesinvolvecaseswherethepublic

as a whole suffer more than an individual. That is why public nuisances

arenottortsbutcrimes.Aprivatenuisanceismorelimited.Theoccupier

of an apartment, for example, may sue in the tort of nuisance if he

is disturbed by the noise made by his or her neighbour. Most common

forms of nuisance are noise, smells, falling objects, etc.

The tort of defamation “is concerned with injury to the reputation

ofanotherperson.Theelementsare(1)thedefendantmadeadefamatory

statement concerning the plaintiff; (2) the statement was5 “published”;

and (3) the statement damaged the plaintiff’s reputation.”

OneofthenewesttortsintheU.S.A.isinflictionofemotionaldistress.

“Thisinvolvesintentionalconductthatissorecklessandoutrageousthat6

it causes severe mental distress to a person of ordinary sensibilities.”

These are only the examples of torts. In fact, torts are numerous and

various.1

The Law of the Land: The Evolution of Our Legal System.

2

N.Y., 1980, p. 188.

Notes:

Rembar Ch.

3

Law and Class Society. Book 4: The Substance of the Law.

L., 1972, p. 9.

Pritt D. N.

Burnham W. Introduction to the Law and Legal System of the United

4 States. St. Paul, Minn., 1995, p. 401.

5

Burnh

Law Today. Longman, 1993, p. 51.

6

Commaker

Op. cit, p. 419.

P wellR.

A. Legal Environment of Business. The Pennsylvania State

W.

p. 19.

Univ., 1993,

1. trespass

a) condition, activity,or situation (such as a loud

11.Matchthewordsontherightwiththeirdefinitionsontheleft:

noise or foul odor) that interferes with the use

or enjoyment of property

2. false imprisonment

b) the failure to behave with the level of care that

a reasonable person would have exercised

under the same circumstances

3. negligence

c) entry to a person’s land or property without

permission

4. nuisance

d) a statement that injures a third party’s

reputation

5. defamation

e) the limiting of someone’s freedom without

the authority or right to do so

a)

false

imprisonment

12.Makeupword-combinati

s:

reckless

distress

public

conduct

emotional

nuisance

intentional

driving

careless

motorists

b)

relationships

of

emotional distress

invasion

from

crime

deprivations

between

civil rights

victim

–

employer and employee

infliction

privacy

disputes

care

duty

criminal prosecution

benefit

private individuals

TEXT 3

16.Beforereadingthetext,studythelistofwordsandtheirdefinitions:

remedy

– the legal means to recover a right or to prevent or obtain

breach

redress for a wrong

– a breaking, infringement, or violation of a promise,

damages

obligation, etc.– a remedy in the form of a monetary award to be paid

specific performance

to a plaintiff as compensation for loss or injury

– a remedy awarded by a court requiring

a person to fulfill obligations under a contract where damages are

valid

an insufficient remedy

voidable

– legally acceptable

void

– capable of being made of no legal effect or made void

– not legally binding

If one of the parties fails to perform his or her obligations, the other

party may apply tothe courts. A failure to perform an obligation is called

abreachofcontract.“Dependingonthespecificsofthecontract,abreach

can occur when a party fails to perform on time, does not perform

inaccordancewiththetermsoftheagreement,ordoesnotperformatall.

Accordingly, a breach of contract will usually be categorized as either

“material” or “immaterial” for purposes of1 determining the appropriate

legal solution or “remedy” for the breach.”

“In a ‘minor’ breach (a partial breach or immaterial breach or

where there has been substantial performance), the non-breaching

party cannot sue for specific performance, and can only sue for actual

damages. A material breach is any failure to perform that permits

the other party to the contract to either compel performance, or collect

damages because of the breach. A fundamental breach is a breach so

fundamental that it permits the non-breaching party to terminate

performance of2 the contract. In addition that party has the right to sue

for damages.”

There are several classifications of contracts: “they are classified

according to how they are created (expressed/implied), to their stage

of performance (executory/executed), and whether the agreement

categorized

involvesmakingapromiseforapromise

apromiseforanact(bilateral/

unilateral) ... Contracts may be

according to enforcement.

If a contract is fully enforceable by both parties to the agreement,

the contract is a valid one. Most contracts probably fall into this

class. If, however, a contract is enforceable by only one of the parties,

it is voidable... If a contract in some manner violates public policy, then

it is void and the3

contract is treated as though the parties had never

Notes:

entered into it.”

1

“Breach of Contract” and Lawsuits. URL: http://smallbusiness.findlaw.

2

com/business-contracts-forms/breach-of-contract-and-lawsuits.

html/#sthash.4q0hrM2D.dpuf

Breach of

Contract. URL: http://bizlawfirm.com/all-practice-areas/

Commaker A.

3 breach-of-contract/

Legal Environment of Business. The Pennsylvania State

Univ., 1993, p. 45–46.

1. contract

a) a promise of something of value given by

21.Matchthewordsontherightwiththeirdefinitionsontheleft:

a promissor in exchange for something of value

given by a promisee

2. offer

b) the means by which a court enforces a right or

orders redress for a wrong

3. acceptance

c) a sum of money which is awarded by the courts

for the purpose of replacing the monetary value

of property or rights which have been lost or

damaged

4. consideration

d) the agreement to an offer resulting in duties,

obligations, or benefits for one or more

of the parties.

5. breach

e) an agreement that specifies certain legally

enforceable rights and obligations pertaining

to two or more parties

6. remedy

f) a specific proposal to enter into an agreement with

another

7. damages

g) a violation of law or when a party fails to perform

their part of a contractual agreement

Oxford Learner’s Dictionaries define a dispute as “an argument

2.2.1. LITIGATION AND ADR

between two people, groups or countries; discussion about a subject

on which people disagree”. There are many different

,

from disputes over property or contract terms to disputes over country

legal disputes

boarders and climate control issues. How can legal disputes be resolved?

Whatformsof

doyouknow?Whatformsarethemost

commonforRussia?forEuropeancounties?forAsiancountries?forLatin

America?

di puteresolution

Terminology and Definitions

for settling

1. Alternative

dispute resolution (ADR). A procedure

a dispute outside the courtroom.