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Файл:Английский язык для студентов-юристов и историков = English for Students of Law and History. Учебное пособие
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2. The President of the United States is elected
a) every four years.
b) every two years.
c) every five years.
3. The President of the United States must be at least
a) 40 years old.
b) 35 years old.
c) 30 years old.
4. The Secretaries, the department heads are appointed by
a) the President.
b) the Senate.
c) the House of Representatives.
5. The judicial branch of the federal government of the USA is
a) Congress.
b) the President.
c) the Supreme Court.
6. The home of the President is
a) the Capitol.
b) the White House.
c) the Pentagon.
Vocabulary Exercises
4. Fill in the correct word(s) from the list.
In other words Thus Although even though in any case
Therefore Currently However
1. …………………it rained a lot, we enjoyed our
holiday.
2. I got very wet in the rain ………………………I had an
umbrella.
3. Here is my telephone number. Call me
……………………… .
4. You’ve got my telephone number.
…………………..you can contact me at any time.
5. Dogs are extremely loyal to their owners.
……………………………they are men’s best friends.
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6. Dogs need a lot of attention. ………………………, this is a small price to
pay in change for their friendship and loyalty.
7. I have little money left. …………………….. I have to spend less.
8. …………………..a dollar costs 28,50 rubles.
5. Find the words in the text above that mean:
……………. - to negotiate
…….…………- of or living in a city
or town
……………. - the government
department in charge of finance
……………… - the department of a
country's military resources
…………… - complete
……………… - to continue to be
…………… - not often
……………… - to perform an official
duty or duties
……… - to persuade by argument
or evidence
……………… - the department
providing people with accommodation
…………… - possession of the
necessary skill or power to do
something
……………… - the department of a
nation's domestic affairs
6. Find the different word in each line and explain why it is the odd one
out as in the example.
A Senator, a Representative and the President are elected while a Secretary is
appointed by the President.
to override
to refuse
to veto
to accept
to name
to appoint
to call
to nominate
to build
to include
to make up
to consist
the President
a Senator
a Representative
a Secretary
to confine
to limit
to border
to restrict
Speaking
7. Read the text again, then make notes under these headings. Use your
notes to talk about the President of the United States.
• The election of the President
• The President and Congress
• The executive departments, their responsibilities
• The appointment of the head of each department
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8. Read a short paragraph about the elections and some functions of the
Russian President. Are there any differences between those of American
President?
The President of the Russian Federation is the head of state. He determines the
main directions of home and foreign state policy. The President must be a citizen of
the Russian Federation, at least 35 years old, and have lived in the Russian Federation
at least 10 years. The President is elected by the citizens of the Russian Federation for
4 years and his power is limited to 2 terms. The elections are conducted by means of
universal equal and direct suffrage by secret ballot. The President forms his
Administration and has the power to appoint, with the State Duma’s consent, the
chairman of the Government.
The Parliament has the power to make laws, but a bill becomes a law if it is
signed and promulgated by the President.
9. Fill in the correct prepositions, then make sentences using the completed
phrases.
1 …. least; 2 …. the State Duma’s consent; 3 to be limited …. two terms; 4 the
chairman …. the Government; 5 …. secret ballot; 6 to be elected …. the citizens.
Writing
10. Compare and contrast the elections and some functions of the Russian
and American Presidents in written form. Use the following useful expressions.
Start like this:
The American President must be a citizen, at least 35 years old and for at least
14 years a resident of the US while the Russian President must be a citizen of Russia,
at least 35 years old, but have lived in the Russian Federation at least 10 years.
Useful expressions: also, in contrast, compared to, however, moreover, not
only … but also, although, on the other hand, whereas, while, as well as, etc.
Just for fun
Find out 21 words. The definitions below will help you.
s i d e M o c r a c y k t r y p a s t a t e s
c
r a d o y e s w a y C
o
e n o r f n e d L C o n A p p a l a c h i a n
s
s r e m o t r e n p g
t
u e o e w e e a c i r
i
44
r s p n e r t d o t e t e i l d r m a h l o s u e d e m i f r b n l s t g e n e c l i m i t v i f n t n o l e l e c t o a t y t d i s p o s e
n
1. The government department in charge of finance.
2. The name of the ship on board of which Pilgrim Fathers arrived in America.
3. The American President, who gave political freedom to three million blacks.
4. The main document of a country.
5. The ultimate power under the Constitution belongs to them.
6. The legislative branch of the federal government is represented by it.
7. Congress is made up of this body and the House of Representatives.
8. The department heads are usually called so.
9. The head of the USA.
10. The person commanding most authority within a group or an organization.
11. The place where Congress sits.
12. A kind of correction, improvement.
13. A period of time.
14. A synonym to many.
15. To choose (someone) to fill a position by voting for him or her.
16. Power or influence.
17. There are fifty of these in the USA.
18. To restrict, to confine.
19. To arrange or place in a particular way.
20. A system of government or organization in which the citizens or members
choose leaders or make other important decisions by voting.
21. The highest mountain chains in the USA
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7. THE COURT SYSTEM
Warm up Activities
1. Justice is exercised only by courts. Have you ever been to the court?
Reading
2. Read the text and find the English equivalents for the words below. Try
to remember them.
решение суда, видоизменять, наследственные пэры, мировой судья,
иерархия, Суд Короны, гражданское дело, суды графств, развод, обвинение,
Европейский суд по делам человека, правовая система, отменять, суд по делам
несовершеннолетних, подозреваемый, дело о банкротстве, сумма денег,
отменить решение, пересмотр судебного дела, гражданское правонарушение,
назначенные пожизненно, применять закон, насильственная смерть, уголовное
дело.
The English Court System
In all legal systems there are institutions for creating, modifying, abolishing
and applying the law. Usually these take the form of a hierarchy of courts. The role of
each court and its capacity to make decisions is strictly defined in relation to other
courts. There are two main reasons for having a variety of courts. One is that a
particular court can specialize in particular kinds of legal actions – for example,
family courts and juvenile courts. The other is so that a person who feels his case was
not fairly treated in a lower court can appeal to a higher court for reassessment. The
How do you call
people on the picture?
Are there any
a) accused people;
b) a policeman;
c) witnesses;
d) a reporter;
e) jury;
f) a judge;
g) a coroner on the
picture?
Can you name
other people in the
court?
46
decisions of a higher court are binding upon lower courts. At the top of the hierarchy
is a supreme lawmaking body, but the process of taking an action from a lower court
to the highest court may be very time-consuming and costly.
HOUSE OF LORDS
COURT OF APPEAL
Criminal Division
Civil Division
HIGH COURT
CROWN COURT
COUNTY COURT
MAGISTRATES COURT
(MAGISTRATES COURT)
In general, the division between civil and criminal law is reflected in this chart.
The Crown Courts, for example, deal exclusively with criminal matters, the Country
Courts, with civil (for example, divorce or bankruptcy cases). However, the High
Court considers appeals from lower criminal courts as well as civil matters, and the
Magistrates Courts, while mostly concerned with criminal cases, also deal with some
civil matters. The highest court, the House of Lords, deals with all matters (including
appeals from Scottish and Northern Irish courts).
A criminal case usually begins in a Magistrates Court. Having arrested
someone suspected of committing a crime, the police must decide if they have
enough evidence to make a formal accusation, or charge. If they charge the suspect,
they may release him on the condition that he appear on a certain date at a certain
Magistrates Court. This is know as unconditional bail. However, the police may
instead take the suspect to a magistrate so that he remains in custody until he next
appears before a court. The magistrate may decided that it is not necessary to hold the
suspect in custody and may agree to unconditional bail, or the magistrate may grant
conditional bail – that is, release the suspect provided that he puts up some money as
security or agrees to surrender his passport or some similar condition.
The Magistrates Court is the most common type of law court in England and
Wales. There are 700 Magistrates Courts and about 30,000 magistrates. As the lowest
criminal court, a Magistrates Court is empowered to hear certain cases only. Some
serious crimes, like murder, cannot be heard by the magistrates and must go to the
Crown Courts, which has 90 branches in different towns and cities.
In a Crown Court trial there are twelve jurors. These are ordinary members of
the public between the ages of 18 and 70 who are selected at random. They are not
paid but are given expenses while they are on jury service, which is usually for about
two weeks. Service is compulsory, and it cannot normally be avoided without a good
reason, such as illness. It is not necessary for a juror to know anything about the
law – indeed certain people connected with the world of law, such as solicitors, are
47
not allowed to serve as juror. This is because the job of the jury is to listen to the case
and to decide questions of fact. It is the judge’s responsibility to guide them on
questions of law.
Apart from the limited civil functions of Magistrates Courts (for example,
prevention of family violence), the lowest court in a civil action is a Country Court,
which is in every town in England and Wales. The judges are always professionals.
They may hear matters such as contract and tort disputes or those regarding the
property of a dead person. Cases involving larger amounts of money are heart by one
of the divisions of the High Court.
Appeals are heard by higher courts. For example, appeals from Magistrates
Courts are heard in the Crown Court, unless they are appeals on points of law.
Appeals from the Crown Court go first to the High Court and, in special cases, to the
Court of Appeal. The highest court of appeal in England and Wales is the House of
Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from
Scottish courts.) Members of the House of Lords are not elected but consist of
hereditary peers, peers appointed for life by the government, bishops of the Church of
England, and the law lord – peers appointed for life after long service lawyers. Only
the government can overturn a decision of the House of Lords and then, only by
passing an Act of Parliament.
Certain cases may be referred to the European Court of Human Rights in
Luxembourg. In addition, individuals have made the British Government change its
practices in a number of areas as result of petitions to the European Court of Human
Rights.
The legal system also includes juvenile courts (which deal with offenders
under seventeen) and coroners’ courts (which investigate violent, sudden or unnatural
deaths). There are administrative tribunals, which make quick, cheap and fair
decisions with much less formality. Tribunals deal with professional standards,
disputes between individuals, and disputes between individuals and government
departments (for example, over taxation).
Vocabulary Exercises
3. Fill in the correct word(s) from the list.
refered, appeal, at random, fair, avoided, disputes, make, surrender
1. If you are not agree with the court's decision you may ………………(to
apply to a higher court to review)
2. The dispute was …………….. to the UN (passed on, directed).
3. Please …………….. her go away (compel, cause to).
4. Does our businessmen move towards …………………… (reasonable and
just) trade?
5. We have some ………………………….with my boss (disagreements).
6. He ……………….. of going with her there. (refrained from doing).
7. They chose the lottery ticket ……………. (by guess-work).
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8. The woman had to …………………her bag to the stranger (to give smth. up
to another, under pressure or on demand).
Speaking
4. Read the text again and explain the functions of different types of courts
in England and Wales.
the Magistrates Court, the Crown Court, the County Court, the House of Lords,
the Court of Appeal, the High Court, the European Court of Human Rights, the
juvenile court, the coroners’ court, the administrative tribunal.
Reading
5. Read the text and decide which answer A, B, C or D best fits each space.
There is an example at the beginning (0).
The Federal Judiciary in the U.S.
(0) B the Constitution the third branch of government, in addition to the
legislative and executive branches, is the federal judiciary. Its main instrument is the
Supreme Court, which watches over the other two branches. It determines (1) … or
not their laws and acts are in accordance with the Constitution. If the Supreme Court
decides that the Constitution does not give Congress the power to pass a certain law,
the Court declares the law unconstitutional. The President and his executive officers
cannot enforce such a law.
Congress has the power to fix the number of judges sitting on the Court, but it
cannot change the powers given to the Supreme Court by the Constitution itself. The
Supreme Court consists (2)… a Chief justice and eight Associate Justices. They are
nominated by the President but must be approved by the Senate.
Once approved, they hold office as Supreme Court Justices for (3). A decision
of the Supreme Court cannot be appealed to any other court. Neither the President nor
Congress can change their decisions.
The Supreme Court has direct jurisdiction in only two kinds of cases: those
involving foreign diplomats and those in (4)… a state is a party. All other cases
which reach the Court are appeals from lower courts. The Supreme Court chooses
which of (5)… it will hear. Most of the cases involve the interpretation of the
Constitution.
The Supreme Court also has the ‘power of judicial review’, that is, it has the
right to declare laws and actions of the federal, state, and local governments
unconstitutional. While not stated in the Constitution, this power was established over
time.
The Supreme Court is usually in session from October to June. It has appellate
jurisdiction for the lower courts. (6) … the Supreme Court is the US Court of
49
Appeals. It has only appellate jurisdiction. The Courts of Appeals work in the District
of Columbia and ten circuits. Below Courts of Appeals these are 91 district courts
located in the states. These are courts of original jurisdiction. The district judges are
appointed by the President with Senate approval. The district courts try almost all
cases in the US.
0. A On
B Under
C To
D Over
1. A unless
B if
C whether
D weather
2. A of
B on
C in
D at
3. A 4 years
B 10 years
C ever
D life
4. A who
B that
C which
D what
5. A these
B that
C this
D those
6. A Above
B Below
C Over
D On
6. Work in pairs. Make 10 questions to the text. Let your group mates
answer them.
Speaking
7. Complete the chart with the information from the text, then speak about
the system of courts in the U.S.
Name of the
court
Number of
the courts
Jurisdiction and main functions
The Supreme
Court
…………………………………………………
……………...
…………..
only appellate jurisdiction
……………...
91
…………………………………………………
Reading
8. Besides the European Court of Human Rights there is the International
Court of Justice, whose seat is at the Hague (the Netherlands). Read the article
and underline the correct words in bold.
The International Court of Justice
The International Court of Justice is the principal juridical organ of the United
Nations. Its Statute is a part of the *United Nations Charter.
The Court is open to all members of the United Nations, but it is not open to
private individuals. The jurisdiction of the Court covers all questions which states
refer to it.
The Court consists of 15 Judges selected by the General Assembly and the
Security Council. They are chosen on the basic of their qualification, not on the basic
50
of nationality, and care is taken to ensure that the principal legal systems of the world
are represented in the Court. The Judges serve for a nine-year tern and may be reelected. They cannot engage in any other occupation during their tern of office. All
questions are decided by majority. The hearing of the cases is under the control of the
President or Vice-President.
*Устав ООН
1. The hearing/listening of the case will be tomorrow.
2. Have you selected/elected summer clothes for sales?
3. He is occupied/engaged in reading.
4. This book is good in parts/pieces.
9. Read the following text and explain the word(s) in bold. Then check
your answers in Ex.1. and speak about the people in the court, their duties and
functions.
In the Court
A man has been arrested for something like shoplifting, or for dangerous
driving, or for getting drunk and causing “a disturbance of the peace”. He’s in a
Magistrates Court now.
The accused person is situated in a kind of large, open box. It is on a raised
platform almost in the centre of the court and is called “the dock”. There are three
Magistrates “on the bench” in front of the offender. At least one of them is a woman.
They are also on a raised platform, at desks, side by side. In front of and below them
there is another man. He is the “Clerk of the Court” and he, unlike them, is trained in
the law and is paid for his work. During the case he will handle the administrative
details and perhaps give advice to the Magistrates on legal points.
The case begins. The policeman who arrested the criminal gives evidence. He
tells the court when and why he arrested him (her), what the criminal said what he
said, and so on. The solicitor questions, or “cross-examines” him. One of the
Magistrates speaking for all three also asks questions. Other witnesses appear.
Perhaps the accused person says nothing at all. He or she does not have to speak in
his (her) defence. “Everyone is innocent unless proved guilty”. In other words, the
accused person does not have to prove that he or she is innocent. The police have to
prove the criminal is guilty.
At the end the Magistrates probably do not even go out of the court. They
discuss the case in low voices in front of the accused person. Then the Clerk of the
Court tells him (her) to stand. The Magistrate who has done the talking for the others
tells the person whether they have found him (her) innocent or guilty. He can
sentence him (her) to no more than six months in gaol for one offence, to a maximum
of one year for two or more offences or to a fine of 400 pounds.
More serious cases are heard in the Crown Court, where the Judge is always a
legal expert and is also paid for his work. In the Crown Court the accused person may
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