Английский язык. Профессиональная лексика для юриста. Учебное пособие
.pdf6.The principles of tort and contract are particularly relevant to consumer matters.
7.Consumer laws imply certain terms into consumer agreements.
8.The children’s trustees will be the legal owners of their money and will have the right to invest it.
Use “It was not until … that”
Model 2:
When did married women get equal property rights with men? – In 1935.
It was not until 1935 that married women got equal property rights with men.
1.When could the police take some actions? – When a trespasser committed a crime.
2.When was he allowed to make some copies? – When he paid.
3.When did the court issue a decree dissolving the marriage? – When the husband proved that his wife’s mental illness was incurable.
4.When was the law on election passed? – It was only in the nineteenth century.
Exercise 12. Translate the sentences into English.
1. Профессия юриста чрезвычайно популярна в современном обществе. 2. Если человек решил стать юристом, ему нужно быть терпеливым и трудолюбивым. 3. Много изменений произошло в профессии юриста за последнее десятилетие. 4. В настоящее время в Великобритании разделение обязанностей солиситора и барристера стало не таким строгим. 5. Солиситоры часто выступают не только в судах низшей инстанции, но и в высших судах. 6. Согласно последним данным в Англии и Уэльсе работают 9 698 барристеров, из них 7 288 мужчин и 2410 женщин. 7. В стране 1046 королевских адвокатов, из которых 974 мужчины и 72 женщины. 8. Английские солиситоры добились значительного успеха в расширении своих прав, и поэтому существует надежда, что в будущем англичане отменят старую систему. 9. Сейчас нет необходимости для барристеров работать только в конторах адвокатов. 10. Барристер может заниматься практикой самостоятельно, работая не в офисе, а дома. 11. С 1990 года барристеры имеют право делать объявления о своих услугах в газетах. 12. Вам нужно сдать множество профессиональных экзаменов и обрести опыт. 13. Важно
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решить, в какой области права вы хотите специализироваться. 14. Адвокатская практика дает возможность представлять интересы клиентов в суде. 15. У него было право получить возмещение убытков, и он его, в самом деле, получил. 16. Едва только его выпустили из тюрьмы, как он совершил новое преступление. 17. Только после того, как она обратилась в суд, ее бывший муж стал платить алименты. 18. В этом случае именно суд должен решить, кто будет опекуном ребенка. 19. При разводе именно вопрос благосостояния детей и раздела имущества является самым важным и часто самым трудноразрешимым.
Passive Voice
Exercise 1. Translate into Russian. Explain the tense forms of the Passive Voice.
1.It is not of importance that it is right. What is of importance is how it was done, who it was done by, and, most of all, when it was done.
2.My parents often remind me that a man is known by the company he keeps and that a good name is sooner lost than won.
3.The different factors have been exhaustively analysed. No solution has been found yet.
4.The case will be given detailed consideration in the highest
court.
5.All through the 19th century America, Africa, India and parts of Europe were being developed largely by British capital. British shareholders were thus being enriched by the world’s movement towards industrialization.
6.Success is a ladder that cannot be climbed with your hands in pockets.
7.The lawyer was much younger than her opponent, and her ambition had been given less chance to be fulfilled.
8.Of course, everything will be seen to. But the President had been left with no choice, but to act.
9.It cannot be denied that a new law banning smoking in public places is of great importance.
10.It must be understood that the narrow gap between Conservative and Labour parties in the polls reflects the narrow gap between them on policy.
11.I cannot trifle or be trifled with; better be envied than pitied.
12.All that we can be certain about is they can be relied upon.
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13.The candidate to the presidency must certainly have known that he was being criticized, conspired against, threatened with unbelief.
14.Expansion is not to be a policy that can be embarked upon without regard to all its consequences.
Exercise 2. Translate the sentences used in the Passive Voice. Ask and answer different types of questions working in pairs.
1.The Law is defined as a set of rules which form the pattern of behaviour of a given society.
2.The Law is based upon the recorded experiences of society and the community in their efforts to define and regulate the relationships between their members.
3.In ancient times laws were derived from old customs and in some cases were codifi ed by the order of a strong ruler, and then they became known under the ruler’s name, like Hammurabi’s Code of Laws or Code of Justinian.
4.Though in many cases the names of ancient lawgivers are unknown, their teachings have been known to millions of people.
5.It seems that the Ten Commandments from the Bible are known to all people, both religious and non-religious.
6.Besides strictly religious commandments, there are those that are willingly accepted by most people: to show honour and devotion to our parents, not to murder, not to be unfaithful to our spouses, not to steal, not to make false statements, not to desire greedily anything that belongs to anyone.
7.The Koran is considered the most revered book among Muslims. The Koran is the basis of Islamic law, the Sharia.
8.The judicial part of the Sharia was codifi ed for the first time in the Mejelly (the Ottoman Civil Code) in the Ottoman Empire in 1869.
9.Another ancient law the initiator of which is unknown is the law of the talion: an eye for an eye, a tooth for a tooth.
10.In Anglo-Saxon law the death penalty has been considered a customary response to certain kinds of offence.
11.Nowadays legislators are members of legislature who are empowered to make, change or repeal the laws of the country or state and levy taxes.
12.Legislature as the legislative branch is distinguished from the executive and judicial branches of the government.
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13.Civil law system is based on Roman law and the French Napoleonic Code, the German and Swiss Codes.
14.In civil law countries legislation is seen as the primary source of law.
Exercise 3. Express the same idea using the Passive Voice.
1.People use the word “law” to mean many things.
2.A governing power establishes laws to maintain peace, secure justice for its members, define the legal rights of the individual and community, and to punish offenders for legal wrongs.
3.The civil law is the portion of the law which defi nes and determines the rights of the individual in protecting his person and his property.
4.The criminal law protects society and the community from the injurious and harmful acts of individuals.
5.Generally we use the word “law” to indicate all law and we also use it to mean a single enactment of a lawmaking body, a statute.
6.The criminal law assures a person charged with a crime of a fair and speedy trial.
7.The case law arises out of disputes, and you can fi nd it in the decisions of courts.
8.Parliament makes laws, and they constitute parliamentary or statutory law.
9.In all societies prescriptive laws regulate relations between people.
10.We often refer to the law.
11.Members of every community have made laws for themselves in self-protection.
12.The Law embraces all the spheres of production, distribution and exchange.
13.The Law lays down the measures for combating encroachment on the state system and the existing order of social relations.
14.In civil law countries courts base their judgments on the provisions of codes and statutes.
15.Civil laws regulate many everyday situations such as marriage, divorce, contracts, insurance, consumer protection and negligence.
Exercise 4. Give answers to the following questions using the Passive Voice.
1.What were laws derived from in ancient times?
2.Are there any commandments in the Bible that are willingly accepted by most people? Why is it so?
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3.Are all legislators’ names remembered in history? In what cases are they remembered?
4.What principle is the law of the talion based on?
5.How are most legal systems classified?
6.What has the Common Law of England been developed from?
7.Why is the English system called the Common Law system? Is it applied throughout the country?
8.What law is used by the countries which were colonized at some time by Britain?
9.What is Civil Law system based on? What are the judgments of courts in civil law countries based on?
10.Who are common law judges selected from?
11.What is the Muslim legal system based on? Do you know in what countries it is used?
Exercise 5. Choose the right verb from the box below and put it in the gap in the correct tense and voice form.
to draw up |
to rediscover |
to pass |
to govern |
to carve |
to exhibit |
to devise |
to adopt |
to set up |
to lay down |
to revise |
to settle |
to read |
to cover |
to make |
to say |
to lose |
to observe |
to conquer |
to write |
|
|
|
|
1.One of the most detailed ancient legal codes __ in about 1758 BC by Hammurabi, a king of Babylonia.
2.The entire code, consisting of 282 paragraphs, __ into a great stone pillar which __ in the temple of the Babylonian god Marduk so that it could __by every citizen.
3.The pillar __for centuries after the fall of Babylon in the 16th century BC, and only in 1901 it__by a French archaeologist amid the ruins of the Persian city of Susa.
4.The pillar __ now in the Louvre museum in Paris.
5.The laws which __ by Hammurabi were more extensive than any that had gone before.
6.Hammurabi’s laws __ crime, divorce and marriage, inheritance and property contracts, regulations about taxes and price of goods, the rights of slave owners and slaves, etc.
7.The cruel principle of revenge: an eye for an eye and a tooth for a tooth __ in the code.
8.The ancient Greeks believed that laws__ by the people for the people.
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9.In the 7th century B.C. Greece’s first written code of law __ by Draco.
10.Draco’s laws were shockingly severe, so severe that people __ they __ not in ink but in blood.
11.Several decades __ before Solon, a poet, a military hero and Athens’ lawgiver __ a new code of law.
12.Solon __ every statute of Draco’s code except that of homicide and __ Athenian law altogether more humane.
13.Before England __ by the Normans, different areas __ by different systems of law, which __ often from those of the various invaders who __ there.
Exercise 6. Use the verbs in brackets in the Passive Voice. Translate the sentences.
1.Laws (to divide) into two major groups: criminal and civil.
2.Appeals (to hear) by higher courts. Appeals from magistrates’ courts (to hear) in the Crown Court.
3.The English legal system (to condition) by two basic con-
cerns.
4.The law should (to administer) by the state so that it could (to apply) evenly over the whole country in order to satisfy its two main functions of control and service.
5.The principle of judicial independence (not to achieve) until 1701, when the Act of Settlement made judges irremovable from office, except by an appeal to the monarch from both Houses of Parliament.
6.Common law originally (to base) on medieval customs and conventions that (to establish) by the Norman kings.
7.Almost all criminal law now (to set out) in Acts of Parliament while the greater part of civil law still depends on common law and guidance of previous decisions.
8.Statutes which (to create) by Acts of Parliament are the ultimate source of law.
9.Parts of common law (to abolish) by Parliament and (to replace) by statute law.
10.Certain changes to the United Kingdom law (to make) to bring it in line with rulings of the Council of European Court of Human Rights.
11.The Napoleon’s Code (to establish) in 1804 by the Emperor of France Napoleon Bonaparte.
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12.The law systems of many countries (to base) on the Napoleon’s Code.
13.The Code clearly (to write) and (to understand) by ordinary people.
14.The laws which (to make) in Parliament (to interpret) and (to apply) by courts, but changes in the law itself (to make) in Parliament.
Exercise 7. Translate into English.
1.Законы основываются на моральных, экономических, политических и социальных ценностях общества.
2.При составлении законов должно соблюдаться равновесие между правами и обязанностями граждан, необходимостью порядка и соблюдением основных свобод.
3.В законах отражаются различные ценности общества.
4.Бесплатное образование и медицинское обслуживание гарантированы законами многих стран.
5.Не все аморальные действия считаются незаконными.
6.С течением времени меняются социальные ценности, вслед за этим также изменяются законы.
7.Задолго до того, как европейцы поселились на Американском континенте, во многих племенах порядок поддерживался системой традиционных неписаных законов.
8.– Какой вопрос обсуждается сейчас в законодательном комитете?
–Сейчас комитетом обсуждаются новые законы, связанные с использованием атомной энергии.
9.За последнее десятилетие большое внимание уделялось развитию законодательства об охране окружающей среды.
10.Взаимоотношения между отдельными людьми и группами людей регулируются гражданским правом.
11.Британскую Конституцию часто называют неписаной, так как она никогда не была записана в едином документе.
12.Термин “неписаный закон” употребляется для обозначения закона, который не принимался парламентом; “писаный закон” означает закон, который был принят парламентом.
13.Закон об уголовном праве 1967 г. считается одним из важнейших законов Великобритании. В этом законе дана новая классификация уголовных преступлений и отменено традиционное деление их на фелонии и мисдиминоры.
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Active and Passive Voice
(Revision)
Exercise 1. Open the brackets and use active or passive tense forms.
1.Two men (to question) by the police at the moment in connection with the burglary.
2.The police (to observe) the criminal for the past two weeks before they arrested him.
3.People often (to argue) that prison (not to work).
4.The government (to consider) a new law to ban smoking following new research.
5.Your application (to consider) and we will let you know as soon as we (to make) a decision.
6.The judge looked at the witness and (to remind) him that he (to have) to tell the whole truth.
7.The Prime Minister told the reporters that the government (to want) to pass the law banning hunting.
8.I (not to think) people should rely on the state, even if they (to be) unemployed for some period of time.
9.The doctor said that the injured man already (to operate).
10.The policeman explained that he (to stop) me for my crossing the street at the red lights.
11.I (to appear) in court tomorrow and the prosecution (to oppose) bail.
12.The neighbour said that she often (to see) this woman with bruises on her face.
13.Today most of the work in offices (to do) by computers. As a result, fewer people (to need) for jobs.
14.After the ambulance came, the man (to be) still conscious after he (to knock) by a car.
15.The man (to blame) for stealing money before he (to have) even a chance to defend himself.
16.Generally, prisons (to govern) by rules setting out a code of conduct and listing prohibited behaviour.
17.The code of conduct must (to give) to the prisoner on his arrival in the prison.
18.Hearings (to conduct) in a structured manner and last between two and three hours.
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Exercise 2. Use the correct form of the verbs in brackets in the Active or Passive Voice. Ask and answer the questions on the text working in pairs.
Last night Alex 1.__ (to arrest) on suspicion of robbery. The police had no proof that he 2.__ (to commit) the crime and Alex 3.__ (to deny) the charge saying he had a good alibi.
When he 4.__ (to put) on trial, the police called several witnesses to the stand. Alex’s lawyer 5.__ (to defend) the client well and 6.__ (to try) to prove that Alex 7.__ (not to do) anything illegal.
However, the jury 8.__ (to fi nd) Alex guilty and he 9.__ (to sentence) to six months in prison. As Alex never 10.__ (to commit) a crime before this was a very heavy punishment. Most people 11.__ (to convince) of Alex’s innocence, and his lawyer said he 12.__ (to appeal) against the verdict.
Exercise 3. Fill in the gaps of the text with the proper form (active or passive) of the verbs below. Retell the text.
Robberies
The only stories I ever heard about robberies or burglaries were those which 1.__on television or printed in the newspaper. The stories, although shocking, really 2.__very little to me because they 3.__neither me nor anyone I know. As I 4.__older, I 5.__to hear people’s personal experiences of such crimes. However, no matter how much you sympathize with a victim, you cannot 6.__yourself in their shoes until it 7.__to you.
The first time I 8.__was on the way to the beach in the south. I even 9.__the first who 10.__my purse from my bag. People 11.__ to rob me several more times on the streets and busses in other towns, even with the aid of knife though they 12.__. In London, my flat 13.__into. Luckily, the burglar only 14.__the money.
The worst time, however, was when I 15.__in Holland. I 16.__ back from a lovely holiday in Greece to find almost everything 17.__from my flat. In the last two cases, although my personal belongings 18 __. I was 19.__, by the fact that a stranger 20.__in my house. It was the most disturbing part of it.
broadcast |
put |
attempt |
come |
mean |
happen |
not to succeed |
go |
involve |
rob |
break |
lose |
grow |
not to see |
take |
upset |
begin |
steal |
live |
be |
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Exercise 4. Complete the sentences using the verbs in the Active or Passive Voice.
1.The War of 1914 (not to call) the First World War until the Second World War (to start).
2.Ages, eras and wars will always be defined when they (to be over), or at least well after they (to start).
3.When you first (to fall) in love, the whole world (to seem) a beautiful place.
4.I was surprised when she (to say) I (to hurt) her feelings.
5.Two men slightly (to injure) in that accident. They (to recover) already.
6.When the police (to investigate) the case thoroughly, they (to arrest) my neighbour.
7.Accidents often (to cause) by careless driving.
8.The Vikings (to visit) America before it (to discover) by Columbus.
9.By the time you read it, everything (to change) in my life.
10.People (to dream) of having a personal means of communication for a long time.
11.You (to hear) about the millionaire who (to give away) his entire fortune to charity?
12.Since the 1980 mobiles (to become) a part of everyday life.
13.The government (not to seem) to have a plan and just (to react) to events in a spontaneous way.
14.The accused (to fi nd) quality and (to sentence) to five years in prison.
15.Crowds of protestors (to break) shop windows, (to steal) goods and (to crash) cars in the streets yesterday evening.
16.– You (to recover) from your operation? How you (to feel)?
17.The government (to try) to convince people of the need for higher prices.
18.Nobody (to approve) the new law if it (to introduce) in the near future.
19.We all can make predictions but nobody (to know) for sure what the era we (to live) and how the future (to call) by historians.
20.At the end of this month I (to work) at my law project for about six weeks but I have still got a lot to do before I (to hand) it in.
21.Several signs (to fi nd) at the scene of the crime. Fingerprints (to consider) very important signs for the investigation.
22.The old man (to accuse) of committing this crime, but nobody wants to believe in it.
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