Английский язык. Профессиональная лексика для юриста. Учебное пособие

pay people who give information about criminals. 4. It is the judge’s responsibility to guide the jury on questions of law. 5. It is impossible to avoid service as a juror without a good reason, such as illness. 6. It is the inalienable right of every citizen to have a fair trial.

b)

1. Mr Skinner is a coroner. It requires a legal training. 2. The judge pronounced the sentence. It took half an hour. 3. The defence counsel browbeat the witness. It made a district attorney furious. 4. The police found the perpetrator. It turned out to be the simplest task. 5. The attorney for the Southern Railroad lost the case. It depressed him greatly.

c)

1. The accused penetrated into the house ... (to climb through the window) 2. The counsel got the answer he wanted ... (to put the words into the witness’s mouth) 3. Sometimes teenagers get into trouble ... (to keep bad company) 4. The defendant expressed his dissatisfaction with the court ruling ... (to fi le an appeal to the local Crown Court) 5. The criminals made the victim give false evidence

... (to threaten him)

d)

1. When did he leave the country? (to plead guilty to having illegal deals) 2. When did the prosecutor begin to lose his confidence? (to hear the testimony of a surprise witness) 3. When can the experts make a conclusion? (to identify the fi ngerprints) 4. When should a witness be sworn? (to give evidence in the court) 5. When did the court adjourn? (to be in session for several hours) 6. When did the plaintiff refuse to take the money offered to him? (to consult his attorney)

Exercise 6. Use the proper form of the Gerund.

1.Many famous jurists define a crime as an act of (to violate) the law of the state.

2.He was charged with (not to take) the victim to hospital after the accident.

3.He is responsible for the criminals (not to arrest) yet.

4.One of the aspects of punishment implies that an offender must be afraid of (to punish).

5.Instead of (to place) in jail the accused was released on bail.

6.The main task of police work is the task of (to protect) society against crime.

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7.The man was accused of (to violate) the traffic rules.

8.The problem of (to obtain) a warrant for arrest is of growing importance.

9.Agents of FBI are mainly concerned with (to gather) and (to record) the information in order to present a case for prosecution.

10.(To arrest) a person is (to take) him to custody for the purpose of (to charge) him with a special offence.

11.If evidence was obtained by law enforcement agencies without (to observe) the constitutional rights of the accused, the accused may ask the court to prevent the evidence from (to use) in his trial.

12.Great Britain has no national CID, but police forces have the right of (to invite) Scotland Yard to help them in (to investigate) serious crimes.

13.The problem may be summarized by (to say) that a criminal offence is an offence against any private right and punishable by the state.

Exercise 7. Complete the sentences with the correct form of the Gerund.

1.(Keep) promises to the foreign bankers means (break) the election promises made to the people who had elected you.

2.Some people cannot stand (be embarrassed) and I could not stand (make) a fool of.

3.A visitor to a physical research laboratory today cannot avoid (impress) by the profound change in the kind of equipment which is being built and used.

4.The lawyer was cheerful at (win) his first serious case.

5.“Do you deny (have) a secret life?” – “Yes, but I could have had a secret life without any of you (know) about it”.

6.He had to force himself to be patient and tolerant of other people. But I remember (he, say) to me later on, how he had been missing a lot of fun out of life by (not, get) it in his youth.

7.People have been known to read the same passages and use the same telephone numbers hundred of times without (remember) them.

8.The invention of (write) was the greatest movement by which mankind rose from barbarism to civilization.

9.A man was charged with (terrorise) the neighbourhood for a long time.

10.I object to my money (pay) to these people of whom I know nothing, who have done nothing to earn it.

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11.The two men who had tried to stop a prosecution witness from (tell) the truth in court were sentenced at the Old Bailey to two years imprisonment.

12.Police and customs officers faced last night the almost hopeless task of (try) to present a stolen painting from (leave) the country.

Exercise 8. Use the correct form of the Gerund. Translate the sentences.

1.The clerk was suspected of (steal) money from the safe but they had no real evidence.

2.The youths were accused of deliberately (smash) the phone boxes. They say that fear of punishment could deter people from (commit) a crime.

3.Loneliness isn’t something that can be solved simply by (see) a counselor, (speak) to someone on the phone or (be) in the company of a lot of people.

4.He was convicted for (not to pay) the rent.

5.The witness testified that his colleague was a gentle person, not able of (commit) a brutal crime.

6.The policeman denied (do) anything wrong, despite the evidence against him.

7.I hate (cheat) by people and try to be honest with others.

8.A man was arrested in town for (steal) a camera.

9.Some criminals become known for their intelligence and avoid (catch) for years.

10.Many people dream of (live) in a foreign country as it can be an amazing experience for those who have the courage to leave home and friends and settle down in a new place.

11.Culture shock is the feeling we get from (live) in a place that is so different to where we grew up that we are not sure how to deal with it.

12.Everybody knows that (elect) as President is a real achievement in life.

13.Judges play a prominent role in (ensure) that justice is served, sometimes at great expense.

14.Your heart (break) is an integral part of (grow) up.

Exercise 9. Define the Gerundial constructions, if any. Translate the sentences.

1.I was against your interfering in my affairs.

2.We were satisfied with his having been acquitted.

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3.Mr Smith is proud of his son being an honest man.

4.We were surprised at your having asked such a question.

5.People don’t like being asked questions about their private life.

6.The policeman’s coming late to the scene of the crime made the investigation difficult.

7.Your pleading not guilty doesn’t mean that you are innocent.

8.The offender’s being arrested at the scene of the crime came as a result of the quick police actions.

9.The person’s being fined can be regarded as a just punishment.

10.An arrest is legal if there is no doubt of a person’s committing a crime.

11.According to the law the magistrate conducting a preliminary hearing is obliged to inform the accused of his having the right to legal counsel.

12.One of the main duties of the police is to prevent delinquents from becoming criminals.

13.Your presenting proper evidence to the court will help to prove his innocence.

14.I couldn’t recollect such a thing having happened to me before.

Exercise 10. Insert either the Infinitive or the Gerund in the proper form.

1. Before the trial started Mr Show felt quite sure of (to win/winning) the case but after the first day of hearing he began to lose confidence. 2. Show is sure (to win/winning) the case: he is a veteran trial lawyer. 3. Do you remember (to see/seeing) the defendant that day? 4. Remember (to put down/putting down) the date of the trial in the protocol. 5. I will never forget (to appear/appearing) for the defence for the first time. 6. He always forgets (to take/taking) his glasses and can’t read a single paper. 7. I don’t regret (to take up/ taking up) the case of this man. 8. I regret (to inform/informing) you that you will remain in custody until you next appear in the court. 9. Some defendants prefer (to have/having) their cases heard in the Crown Court. 10. I prefer (to get/getting) a professional lawyer to represent me in a higher court.

Exercise 11. Complete the sentences using the correct form of the Infinitive, the Participle or the Gerund. Define the constructions with the Verbals, if any.

1. Important measures (strengthen) the criminal justice system have been taken in recent years.

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2.Certain special powers are available to assist in (prevent) and (investigate) terrorist crimes.

3.The courts have powers (trace, freeze and confi scate) the proceeds of drug trafficking.

4.Money (launder) is the process by which illegally (obtain) property – from drugs or arms trafficking, terrorist activities or other serious crimes – is given the appearance of (originate) from a legitimate source.

5.The Prevention of Terrorism Act 1989 makes it unlawful (support) special organizations (involve) in terrorism (connect) with the affairs of Northern Ireland, and enables the Government (exclude) from all or part of Britain people who are believed (involve) in such terrorism.

6.There are also special powers for the police (conduct) security checks at ports and airports.

7.The Home Secretary and the Scottish and Northern Ireland Secretaries, together with police authorities and chief constables are responsible for an effective and efficient police service in Britain (provide).

8.The police serve the public by (fi ght) crime, (preserve) public order and (keep) in touch with the concerns of the community.

9.If magistrates are content (deal) with the case, the accused has the right (choose) trial by magistrates or trial by jury in the Crown Court.

10.An (accuse) person has the right (employ) a legal adviser and may (grant) legal aid from public funds.

11.If (remain) in custody, he or she may (visit) by a legal adviser (ensure) a properly (prepare) defence.

12.There are no coroners’ courts in Scotland where the fiscal is responsible for (investigate) all sudden, suspicious or unexplained deaths.

13.In England and Wales courts are required (give) reasons for (not to award) compensation to victims.

14.In England and Wales criminal proceedings cannot (bring) against children below the age of 10 years.

15.The civil law of England, Wales and Northern Ireland covers business (relate) to the family, property, contracts and wrongful acts (suffer) by one person at the hands of another, it also (contain) constitutional, administrative, industrial and maritime law.

16.Legislation sets the maximum penalties for offences, the sentence (be) entirely a matter for the courts.

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17.When (fi x) the amount of a fine, the courts are required (re-

flect) the seriousness of the offence and (take) into account the fi- nancial circumstances of the offender.

18.Stop (blame) me for everything. Remember (apologize) for (say) all those words in offensive way. My (not, be guilty) has been proved in court. I remember (tell) you about it lots of times.

19.A court is required (explain) to the offender why it is passing a custodian sentence.

20.The Old Bailey is London’s Central Criminal Court, defendants (accuse) of very serious offences (try) there.

Exercise 12. Translate from Russian into English using the Gerund.

1. Истец утверждает, что его избили и ограбили. 2. Хотя это вопрос весьма личного характера, я не могу не задать его вам. 3. Сэр Иванс возражал, чтобы его дочь давала показания против своего мужа. 4. Об этом факте не стоит упоминать. 5. Услышав, что Норман, которого обвиняли в убийстве, скоро предстанет перед судом, его дядя попросил известного адвоката представлять его дело в суде. 6. Несмотря на то, что миссис Вилард находилась под присягой, она солгала суду. 7. Какой смысл допрашивать ребенка? Он слишком мал, чтобы давать показания. 8. Адвокат настаивал на том, чтобы обвиняемого осмотрел врач. 9. Достаточно ли у нас доказательств для предъявления обвинения? 10. Разве вы не боитесь, что вас привлекут к ответственности за ложь?

Exercise 13. Complete the sentences with the proper form of the Verbals. Translate the sentences.

1.Our detectives are determined (fi nd) out exactly what happened in this case.

2.The lecturer ignored the interruption and went on (talk) as if nothing had happened.

3.(Keep) a relationship going was hard enough, without any external pressure from parents.

4.(Be) in prison seems (change) his behaviour for the better.

5.(Hear) the noise outside, I went (investigate).

6.People get a pension from the companies they used (work) for.

7.In some professions you have (retire) when you are not 55 or 60 years old.

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8.I can’t (believe) there’s anyone in the world who wants the hole in the ozone layer (get) any bigger.

9.We all saw the reporter (interview) the witness.

10.He only just escaped (send) to prison, next time the judge won’t be so forgiving.

11.Did you hear about the bank (rob)?

12.(Consider) my application the police let me know about their decision to start (investigate) the case.

13.The Prime Minister had to resign after (criticize) in Parliament.

14.(Avoid) loneliness the following advice may (give): (join) clubs, (take up) a social hobby, (try) part-time job if you don’t work outside the house.

15.(Fingerprint) is now widely used as a means of (identify) criminals.

16.Robbery is the crime of (steal) things from a bank, shop, etc., especially (use) violence.

17.The (arrest) youths denied the fight (be) their fault.

18.Scotland Yard is responsible for (maintain) links between British law enforcement agencies and Interpol.

Exercise 14. Read and translate the following sentences. Underline and explain the constructions with the Verbals, if any.

1.An accident happened as a result of driver’s not paying attention to the road.

2.Once a man managed to steal the camera equipment, the tape being left behind. It was used as evidence in court because it showed him taking the camera.

3.It’s a waste time denying your not having done it as we have got proof.

4.When asked about it yesterday, the politician denied his being involved in the scandal.

5.The police expect victims to report, identify and testify.

6.The modern European alphabet is based on the Greek, it having spread to other European countries under the Romans.

7.Most people seem to agree that smoking in public areas should be banned.

8.During the 17th century more and more people began to realize that they could test their scientific ideas by designing a relevant experiment and seeing what happened.

9.Trained dogs found the packages, drugs having been stuffed into the seats of the lorry.

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10.In the past children were expected to be very obedient.

11.Everyone is sure to know that lying in court is punishable.

12.In a foreign country you might even be banned doing things that are perfectly legal in your own.

13.Judges are known to be independent from the government and other social services.

14.The Prime Minister is certain to be aware of the growing social problems.

15.The Mayor is said to have been attacked for wasting public money.

16.Very different customs and traditions can sometimes make it difficult for foreigners to get on with local people and make friends.

17.Individuals having free will, legal and illegal means can be chosen by them to get what they want.

18.At the lowest level of jurisdiction are federal magistrates, they not only having jurisdiction over minor federal offices, but also having the important task of issuing warrants of arrest or search warrants to federal law enforcement offices.

19.Victims believe the police to recover property taken from

them.

20.Victims expect the police to respond to their needs quickly.

21.Only owners of stolen automobiles are likely to get back some or all of what was taken.

22.The federal courts being called on to test the constitutionality of federal and state legislation and of court decisions, this is their second and perhaps even more important function.

23.To apply and enforce all federal laws is known to be the primary function of the federal courts.

Exercise 15. Use the correct form of the Verbals: the infinitive, the gerund or the participle. Explain their usage and translatethe sentences into Russian.

1.It was the Dutch who in the mid-sixteenth century constructed the first prison (use) for the purpose of (correct) wrongdoers in “work houses”.

2.Prisoners were permitted (leave) their cells only for exercise, group work, religious services, therapy and meals.

3.(Accept) the allegation (conduct) through investigation, (recover) (steal) property, (make) arrest and (gather) enough evidence (lead) to a conviction are considered (be) the police respond to the victim’s crimes.

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4.The (pardon) power was originally seen as a method of (right) legal wrongs of (free) the innocent.

5.The idea of probation was born in the mid-nineteenth century, the demand for prison place (be) greater than the supple.

6.Probation is now one of the most widely (use) convictional dispositions.

7.Correction officers are expected (apply) the rules, and prisoners are expected (obey) them.

8.Prisons are federal or state penal institutions for offenders (serve) sentences.

9.Jails are generally defined as facilities (administrate) by local officials and (design) to hold persons for more than forty-eight hours, but usually less than one year.

10.Early houses of correction (not, replace) other punishments, brutal public executions, a work of the Middle Ages, continued (exist).

11.In the 18th century English convicts were sentenced (transport) to the colonies.

12.The United States, Japan and South Africa (retain) capital punishment without any clear evidence have promoted public safety in these countries.

Subjunctive Mood

Exercise 1. Analyse and translate the sentences used in the Subjunctive Mood.

1.Unreal Condition

a)unreal present or future:

1.There would be fewer people in prisons if they didn’t violate the law.

2.If I had the opportunity, I would go abroad to get higher education.

3.If you were offered to buy some drugs, what would you do? Would you call the police?

4.We would have less delinquency if people married more wisely, if parental and parent-child relations could be more congenial and understanding.

5.If you found a gun in the street, what would you do?

b)unreal past:

1.If I had locked the car, it wouldn’t have been stolen.

2.If you had been sincere with the counsel for the defence, he would have helped you.

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3.If the investigating officer hadn’t found physical evidence, it would have been difficult to investigate that crime.

4.If his accomplices hadn’t revealed some details, the sentence could have been quite different.

5.Had I not interfered, the problem might have been settled already. Now I feel as if I had done something wrong.

c)mixed type:

1.If the thief had left any clues, he would be interrogated now.

2.If you knew better how to deal with your son’s problems he might not have turned into a juvenile offender.

3.The offender wouldn’t be kept in prison if he had kept out of trouble for two years.

4.Were you not so absent-minded, you would have discovered some more additional facts to associate the accused with the crime scene.

5.He wouldn’t be in prison now if he hadn’t committed a crime some years ago.

d)but for…:

1.But for your explanation he wouldn’t have believed us.

2.Nobody would have recognised him but for this scar on his left cheek.

3.But for our evidence it would have been impossible to win the case.

e)after though, although, however, even though, even if, whenever, whatever, wherever:

1.Even if he hadn’t been arrested, I shouldn’t have believed in his innocence.

2.Whatever she should/might say, I will not change my opinion.

3.Even though I had not heard you in court, I should have known you to be the best counsel in the district.

4.The penalty was severe; however it should be regarded as a just punishment for such an offence.

f)in some phraseological expressions: had better, would rather, would sooner, etc.:

1.You had better trust him in everything.

2.We would rather not suspect him of doing anything unlawful.

3.He would sooner die, than betray his friends.

g)after the noun time:

1.It’s high time that crime had been investigated.

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