Английский язык для юристов. Учебное пособие [для студентов специальности 40.02.04 «Юриспруденция»]

8.Regulations are abstract opinions (not decisions in exact disputes) but legally binding on all lower courts.

9.Judges for all courts are approved by the State Duma.

10.The judicial system of the Russian Federation consists of courts at the federal level and regional courts.

3.Дайте ответы на вопросы по содержанию текста:

1.How are judges appointed to all federal courts?

2.What is the jurisdiction of the Constitutional Court?

3.What is the jurisdiction of the Supreme Court?

4.What is the jurisdiction of Military Courts?

5.What is the jurisdiction of the Higher Arbitration Court?

6.What is the extra duty of the Supreme Court and the Higher Arbitration Court?

TEXT 2

THE STRUCTURE OF THE RF COURTS

(PART II)

Vocabulary

1.to constitute — составлять

2.a challenge — претензия, оспаривание, проблема

3.rural — деревенский, сельский

4.overwhelming — непомерный, подавляющий

5.to handle — разрешать, заниматься (каким-либо делом), syn. to try, to consider

6.petty — мелкий, незначительный

7.a review — пересмотр, обзор

4. Прочитайте и переведите текст

2. REGIONAL COURTS

2.1 Constitutional Courts (or Charter Courts) of the Subjects of the Russian Federation with the jurisdiction to interpret Regional Constitutions and Charters and decide whether local statutes are consistent with Regional Constitutions and Charters.

Courts of General Jurisdiction.

61

2.2Courts of the subjects of the Russian Federation.

These include the Supreme Courts of the Republics, the highest Courts of each Region, the Moscow and Saint-Petersburg City Courts, and the courts of autonomous districts. Courts of the subjects of the Russian Federation serve as courts of cassation and extraordinary appeal from their subordinate district courts. Their original jurisdiction constitutes challenges to normative laws and regulations of the regional authorities, and adoption of regulations.

2.3There are district courts located in the country’s smaller towns and rural administrative areas including groups of villages; cities have several courts of that kind. District courts are the basis of the system of courts of general jurisdiction, with jurisdiction over the overwhelming majority of civil and criminal cases, unless otherwise provided by law. As courts of appeal, district courts decide appeals from justices of the peace.

2.4Justices of the peace form an integral part of the system of courts of general jurisdiction, although they are considered to be regional judges. They handle minor civil disputes, petty administrative and criminal offences. Appeals against decisions of justices of the peace go to district courts, the decisions of which are final. In each district there may be several justices of the peace.

Arbitration Courts.

2.5Ten Federal District Arbitration Courts act as courts of cassation.

2.6The Appellate Courts consider appeals as a rehearing with new

evidence.

2.7The Arbitration Courts of the subjects of the Russian Federation consider the absolute majority of economic disputes.

5. Дайте ответы на вопросы по содержанию текста:

1.What is the jurisdiction of Constitutional Courts (or Charter Courts) of the Subjects of the Russian Federation?

2.What courts does the three-tiered system of courts of general jurisdiction at the regional level consist of?

3.What disputes do courts of the subjects of the Russian Federation consider?

4.What disputes do district courts consider?

5.What disputes do justices of the peace deal with?

62

6. What courts does the system of arbitration courts at the regional level consist of? What are the jurisdictions of all?

6. Объедините предложения так, чтобы получились связные высказывания.

1)Courts are divided into

2)The Constitutional Court is

3)The Supreme Court of the Russian Federation is

4)The Supreme Court of the Russian Federation has jurisdiction

5)Regulations enacted by the Plenary Session

6)Military courts consider

7)The system of general jurisdiction courts at regional level includes

8)There is a four-tiered system of arbitration courts:

9)The Higher Arbitration Court of the Russian Federation operates

a)are “explanations on issues of judicial practice”.

b)the Higher Arbitration Court of the Russian Federation, ten Federal District Arbitration Courts, Appellate Courts, the Arbitration Courts of the subjects of the Russian Federation.

c)the supreme judicial body of four-tiered system of courts of general jurisdiction.

d)disputes involving military personnel.

e)as the supreme body in the arbitration court system.

f)as a court of cassation in the land and as a court of supervisory instance over the courts of lower level.

g)the highest judicial body in the Russian Federation.

h)federal courts and courts subjects of Russia.

i)justices of the peace, district courts, the supreme courts of the republics, city courts of Moscow and St. Petersburg, courts of autonomous districts, military courts.

63

UNIT 11

BRANCHES OF LAW

1.Подберите русские эквиваленты к названиям следующих отраслей права:

International law Criminal law Employment law Financial law Banking law Land law

2.Подберите английские эквиваленты к названиям следующих отраслей права:

Конституционное право Административное право Гражданское право Семейное право Экологическое право Военное право

3.Соотнесите русские названия отраслей права с английскимисловосочетаниями.

64

4. Прочитайте и переведите текст

Vocabulary

core subjects — основные, профилирующие предметы optional courses — курсы по выбору

sole practitioner — индивидуальный предприниматель; юрист, работающий сам на себя

litigation and arbitration — судебные и арбитражные разбирательства

TEXT

It usually takes three years to complete law degree programmes in the UK. These programmes typically include core subjects such as criminal law, constitutional law, administrative law, contract law, tort law, land law, etc. In addition, students are often required to take courses covering skills such as legal writing and legal research.

There are also optional (elective) courses available. Since many law students are going to become lawyers, they often choose courses that will be useful in their future career. Some students who want to run a small partnership or to work alone as a sole practitioner in a small town may decide to take family law or employment law as their major. Those who are planning to work in a large law firm will consider subjects such as company law, commercial law and litigation and arbitration.

Many universities also offer courses on legal practice. Courses like these give students opportunity to experience the work of a lawyer before deciding on career in law. Another way of finding out more about law in practice is to get involved with a voluntary advice centre or a law clinic. These clinics offer free legal assistance to the local community and provide a useful introduction to the day-to-day work of a lawyer. For students who wish to work in a commercial practice, knowledge of foreign languages is essential. When law firms hire recruits, they generally look at four things: education, personality, work experience and language ability. Since English is the language of the international legal community, law firms increasingly expect graduates to have a good command of English.

65

5.Определите, справедливы ли данные высказывания или нет. Исправьте неверные утверждения.

1.A course in company law is usually included in the core subjects at law schools in the UK.

2.Some law degree programmes offer courses in some of the important skills that lawyers need in order to do their work, such as legal writing and legal English.

3.Students don’t have a right to choose the field they want to practise in.

4.Students don’t get practical experience while they are studying at law schools.

5.Nowadays law firms expect students to be completely fluent in

English.

6.Прочитайте описание правовых дисциплин одного из высших учебных заведений. Как вы думаете, в какой стране находится данное учебное заведение? Почему вы так считаете?

Сопоставьте описание с названием курса.

•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 analyse 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.

66

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 the Supreme Court. Students will study and analyse 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.

7. Ответьте на вопросы.

1.Which courses enumerated in exercise 6 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?

8. Прочитайте и переведите следующие определения и

примеры. Заполните пропуски данными словами: law(2), bill, statute,

legislation, act, by-law, rule

1.the whole system of rules that citizens of a country or any other place must obey. It’s against the … for children to work before they are fifteen.

2.a law that has been officially accepted by Parliament or Congress. In legal usage this word is often capitalized and often used in the titles of law. The Copyright … of 1976 is a United States copyright law that states the primary basis of copyright law in the United States and the basic rights of copyright holders.

3.a written proposal for a new law, which is brought to Parliament so that it can be discussed. In her speech the Queen usually outlines the new …s which the government will put before Parliament in the coming session.

67

4.an official instruction that says how things must be done or what is allowed, especially in a game, an organization, or a job. If you stick to the …s the accident won’t happen.

5.a law passed by Parliament and formally written down. The term codified law refers to …s that have been organized ("codified") by subject matter; such organized laws are often called “codes”.

6.a law made by local government or an organization. Corporate and organizational …s are generally concerned with the work of the organization, setting out the form, manner or procedure in which the company or organization should be run.

7.a law which has been enacted by a legislature or another governing body, or the process of making it. … is regarded as one of the three main functions of government, which are often distinguished under the doctrine of separation of powers.

8.the principles and regulations established in a community by some authority and applicable to its people, usually in the form of legislation. Under the new … children must be at home after 10 p.m..

68

UNIT 12

THE SYSTEM AND CLASSIFICATIONS OF LAW

Vocabulary

1.public law — публичное право

2.private law — частное право

3.substantive law — материальное право

4.procedural law — процессуальное право

5.an administrative unit — административная единица

6.to impose punishment — назначить наказание

7.an offence against the public — преступление против общества

8.parties to a contract — стороны договора

9.a binding agreement — соглашение, имеющее обязательную силу

10.tort law — деликтное право

11.defamation — клевета; syn: slander, libel

12.product liability — ответственность производителя за качество

товара

13.employment law/labour law — трудовое право

14.trade union — профсоюз

15.to file an appeal — подавать апелляцию

16.to breach a contract — нарушить договор

17.to be entitled to damages — иметь право на возмещение ущерба

18.enforceable agreement — соглашение, имеющее исковую силу (может быть принудительно исполнено в судебном порядке)

1. Прочитайте и переведите текст.

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, as branches of law are traditionally considered to be the most important elements of this system. 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.

69

The distinction is often made between public and private law. Public law governs the relationship between the state and an individual, who is either a company or a citizen. Public law covers three subdivisions: constitutional, administrative and criminal law.

Constitutional law deals with the structure of the government and the relations between private citizens and the government.

Administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) in such areas as police law, international trade, manufacturing, the environment, taxation, immigration and transport.

Criminal law, or penal law, is the body of law that relates to crime, i.e. illegal conduct that is prohibited by the state and sets out the punishment to be imposed on those who break these laws. A crime is considered to be an offence against the public, although the actual victim may be an individual. This is because the state considers anti-social behaviour not simply as a matter between two individuals but as a danger to the well-being and order of society as a whole.

Private law is also known as civil law. It involves relationships between individuals, or private relationships between citizens and companies. The main branches of private law are contract, tort, family, employment and land law. Contract law deals with legally binding agreements between people or companies that are called parties to a contract.

Tort law deals with civil wrongs which result in physical, emotional or financial harm to a person or property. Tort cases comprise road accidents, defamation, product liability (for defective consumer products), copyright infringement, environmental pollution (toxic torts), etc.

Family law is an area of the law that deals with family-related issues such as marriage and divorce, adoption, custody of children, child abuse and alimony.

Employment law is law relating to the employment of workers, their contracts, conditions of work, trade unions and legal aspects of industrial relations. Employment law is also called labour law.

Land law is the law which deals with rights and interests related to owning and using land. Land is the most important form of property, so the name land law is often used for the law of property.

70