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1kurs1semestrochnoe_2 / Иностранный язык в сфере юриспруденции (английский)

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(3) Another approach to an explanation of crime was initiated by the French political philosopher Montesquieu, who attempted to relate criminal behavior to natural or physical environment. His successors have gathered evidence tending to show that crimes against the person, such as homicide, are relatively more numerous in warm climates, whereas crimes against property, such as theft, are more frequent in colder regions. Other studies seem to indicate that the incidence of crime declines in direct ratio to drops in barometric pressure, to increased humidity, and to higher temperature.

(4) Many modern criminologists of the 19th century, particularly those associated with the social movement, attributed crime mainly to the influence of poverty. They pointed out that persons who unable to provide adequately for themselves and their families through normal legal channels are frequently driven to theft, burglary, prostitution, and other offences. The incidence of crime especially tends to rise in times of widespread unemployment. Present-day criminologists take a broader and deeper view; they place the blame for most crime on the whole range of environmental conditions associated with poverty. The living conditions of the poor, particularly of those in slums, are characterized by overcrowding, lack of privacy, inadequate play space and recreation facilities, and poor sanitation. Such conditions engender feelings of deprivation and hopelessness and are conducive to crimes as means of escape. The feeling is encouraged by the example set of those who have escaped to what appears to be better way of life made possible by crime.

Some theorists relate the incidence of crime to the general state of a culture, especially the impact of economic crises, wars, and revolutions and the general state of insecurity and uprootedness to which these forces give rise. As a society becomes more unsettled and its people more restless and fearful of the future, the crime rates tend to rise. This is particularly true of juvenile crime, as the experience of the United States since World War II has made evident.

(5)The final major group of theories are psychological and psychiatric. Studies by such 20th century investigators as the American criminologist Bernard Glueck and the British psychiatrist William Healy have indicated that about one-fourth of a typical convict population is psychotic, neurotic, or emotionally unstable and another one forth is mentally deficient. These emotional and mental conditions do not automatically make people criminals, but do, it is believed, make them more prone to criminality. Recent studies of criminals have thrown further light on the kinds of emotional disturbances that may lead to criminal behaviour.

(6)Since the mid-20th century, the notion that crime can be explained by any single theory has fallen into disfavour among investigators. Instead, experts incline to socalled multiple factor, or multiple causation theories. They reason that crime springs from a multiplicity of confliction and converging influences – biological,

psychological, cultural, economic and political. The multiple causation explanations seem more credible than the earlier, simpler theories. An understanding of the causes

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of crime is still elusive, however, because the interrelationship of causes is difficult to determine.

2. Write down Russian equivalents for the words and expressions in bold type, given in the text above.

3.Find in the text the English equivalents for the following words and expressions and reproduce the context in which they were used:

1)мошенничество;

2)кража;

3)убийство;

4)кража со взломом;

5)сравнительный анализ преступников и законопослушных граждан;

6)соотнести преступное поведение с факторами окружающей среды;

7)преступления против человека;

8)преступления против собственности;

9)совершать преступления умышленно;

10)некоторые узнаваемые наследуемые черты;

11)выдающиеся ученые-криминологи;

12)ряд условий;

13)уровень преступности;

14)быть склонным к преступной деятельности;

15)пролитьсветна проблему;

16)теория многообразия факторов;

17)достоверная теория.

4.Find in the text all word combinations with the following words: research study theory. Reproduce the context in which they were used. Make up your own sentences with these words.

5.Answer the following questions:

What concepts formed the basis of the earliest criminological theories? How did the biological theory develop?

What was Montesqieu’s approach?

What views on crime predominated in the 19th century?

How did the criminological theories develop in the 20th century?

What is the relationship between the mental and emotional state of a person and his or her inclinations to crime?

What are the latest views on the causes of crime?

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2. Материалы по текущему и итоговому контролю усвоения дисциплины

2.1.Образцы письменных заданий.

1.The detective “Alibi” Game

The police believe that a certain man took part in a robbery in London last weekend. He tells them that he was not in London at the weekend. His alibi is that he was in Scotland.

Fill the missing words. Use the following verbs: travel, see, hire, return, cost, buy, fly, stay, have, catch, arrive, pay, drive, go.

On Friday I ______ by tube to Heathrow Airport. I _______ some magazines at the airport. I then _______ to Edinburgh on a British Airways flight. I ________ dinner at the Taj Mahal restaurant in Edinburgh. After dinner I _________ a film at the Odeon Cinema. My ticket _________ 5. 79.

Then I _________ at the Cumberland Hotel in Room 546. On Sunday morning I

_________ a car and __________ to St. Andrews. I _________ a deposit of 20.00. In the afternoon I _______ fishing. In the evening I _______ to Edinburgh. On Sunday morning I ________ the 11.40 train to London. I _______ back in London at 17. 57.

2. Образуйте словосочетания с приведёнными ниже словами

1. быть защищённым; 2. предотвращать; 3. копировать; 4. распределять; 5. производить; 6. обеспечивать;

a. intellectual property; b. original creative works; c. others from coping; d. scientific and creative works; e. intellectual property laws; f. by law.

3. Образуйте различные части речи от следующих глаголов

To create, to value, to protect, to prevent, to produce, to require, to enforce

3. Match the words with their meanings.

1. settlement

a. money paid to a professional for services

2. damages

b. ownership, possession

3. plaintiff

c. the official who controls a court

4. property

d. money paid to the victim of an injustice

5. lawyer

e. a person who litigates

6. judge

f. a qualified legal adviser

7. fee

g. an agreement reached between two parties in a lawsuit

 

 

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5.Choose proper words from the list and complete the following sentences a thief, the innocent, judge, a murderer, a code, barrister, a statute, solicitor.

1.………….. is a lawyer who is chosen out of barristers.

2.…………. is a lawyer who specializes in presenting cases in front of a judge and has the right of audience even in the High court.

3.Someone who steals a lot ……………………………………………………

4.A document which regulates legal behavior is………………………………

5.Someone who killed a person is…………………………………………….

6.A document which details elements of a crime is …………………………..

7.Someone who is found not guilty is…………………………………………

8.………………………… is a lawyer who employs barristers to argue a case.

6. Read and translate the text. Give a summary of the text

In England a person accused of a crime must always be presumed innocent until he/she has been proven guilty. If a criminal case is serious it is always investigated with a jury. What is a jury and how does it function?

There are 12 members of the jury both men and women. There are quite a lot of people in England who think that 12 ordinary men and women are not capable of understanding properly all the evidence given at criminal trials. But there is no doubt about it because judges are great experts in summing up the evidence. The judge calls the jury's attention to all most important points in the evidence. He favours neither prosecution nor defence. The members of the jury decide only the questions of fact. Questions of law are for the judge. The jury retires to a private room to consider the verdict. If the jury cannot agree, they must be discharged (распущен) and a new jury is formed.

A verdict has to be unanimous. English law requires that the guilt of an accused man must be proved 'beyond reasonable doubt'. When the jury returns to the courtroom, they have to give only one answer "Guilty" or "Not guilty".

2.2. Образец промежуточного теста по английскому языку.

Grammar

A. Choose the correct answer. Only one answer is correct. 1. I hope you _____ by my playing the violin.

A) were not to disturb

B) are not disturbing

C) have not been disturbed

D) did not disturb

 

2. You can take _____ orange.

 

 

A) two

B) all

C) either

D) both

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3. His new watch cost far _____ than his old one.

 

 

A) more

B) much

C) most

D) many

 

4. I wish I _________________ younger.

 

 

 

A) had been

B) would have been

C) were D) have been

 

5. She said she ________ to me, but she didn't.

 

 

A) would have written

B) will have written

C) will write

D) would

write

 

 

 

 

 

6. If he __________ lucky, he could get the job.

 

 

A) is

B) had been

C) would be

D) would have been

B. Rewrite the sentences in the passive.

1.TV and the media have covered the case in detail.

2.Attorneys are suing the company for negligence.

3.The jury is to announce the verdict later today.

4.The company would pay compensation to all victims.

5.The judge is going to postpone the trial.

Vocabulary

A.Write true or false. If you write false, say why.

1.If you are innocent you are not guilty……………….

2.Arrest means that the police come and take somebody away to ask them about a crime that they might have committed……………..

3.If you do something wrong you have to pay a find……………….

4.We call the building where criminals are forced to live as a punishment a prisoner…………..

5.Thief is a person who steals………

B.Match the words with their meanings.

1. commit a crime

a. to hand, give or send out

2. to distribute

b. find out what’s happened

3. investigate

c. ask questions

4. property

d. that which rouses a person to action

5. interrogate

e. break the law

C. Write down collocations using the following words.

1. to be eligible for

a. others from selling the invention

2. to satisfy

b. is granted

3. to exclude

c. an infringement

4. a patent

d. an invention

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5. to constitute

 

e. the statutory conditions

 

6. to protect

 

f. protection

 

 

7. to recover

 

i. an invention

 

 

D. Complete the following sentences with the prepositions from the box.

 

 

before

in

to

of

with

1.He’s being kept _______________custody.

2.He was sentenced _________ five years.

3.She got a sentence ________ six months.

4.He was accused _________ robbery.

5.She is charged __________ fraud.

6.He appeared _______ court _____ handcuffs.

7.The jury reached a verdict _______ guilty.

F. Complete the expressions with the verbs.

 

 

 

take

suffer

make

provide

reach

file

award

1.to _______ a lawsuit

2.to _______ an accusation

3.to _______ damages

4.to _______ settlement

5.to _______ legal action

6.to _______ evidence

7.to _______ injuries

2.3.Темы контрольных работ для студентов заочной формы обучения.

Контрольная работа по английскому языку для студентов заочной формы обучения (1 курс, 1 семестр):

1. Тема: About Myself

Useful Words and Phrases:

My name is...

My surname is...

I am Russian. I live in ...

I am 17(seventeen) years old/ 20 (twenty years old)/ 23 (twenty three years old)...

I am a student at Novosibirsk State Institute branch of Tomsk State University.

I am single/ married.

My family is large/small. I have got...

I combine work with study

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Task 1 Translate the Text from English into Russian.

Meet Phil Knight.

Phil Knight is the founder and CEO of Nike, a famous sports and fitness company. He is from Oregon, USA. He is 65 and is a very rich man. He is married, and his wife’s name is Penny. They have two sons and one daughter: Knight loves sport, including tennis, running and golf. He also likes fast cars. He says, “I love the fact that Nike is about sports”. He has a tattoo of the Nike logo on his left leg.

Knight’s ad agency is “Wieden and Kennedy”. At his first meeting with Wieden, Knight said, “Hi, I’m Phil Knight. And I hate advertising”. But they are still partners after 21 years. At meetings with Wieden, Knight is relaxed and tells jokes. He wears blue jeans, a T-shirt and suit jacket, and a pair of Nike shoes.

Knight is interested in Asia, especially Japan. His office is full of objects from Asia. It’s in Nike’s World Headquarters in Beaverton, Oregon.

Task 2 Fill in the Table

Phil Knight

Age

Nationality

Family

Job

Type of company

Interests

Text 2: My future profession

Read and translate the text

From: Lucy Kovrova

To: maryborell@yandex.com

Subject: Dear Mary

Date: 11.09.06

Dear Mary,

This is my first e-mail message to you from Novosibirsk. I've got great news to tell you!!! This summer I took entrance exams to Moscow Law Institute. There were a lot of applicants and the exams were rather difficult but I worked hard and passed them well enough to become a first-year student.

The Institute has a long history and a high status. The teaching staff consists of highly qualified professionals who are known all over the city. Classes begin at 9 o'clock in the morning and last till two or four in the afternoon. All subjects are very interesting. We have seminars and lectures in English, Philosophy, History, Theory of State and Law, Latin and so on. Later we are going to study law: constitutional law,

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civil law, criminal law, land law, family law. I'll try to do well in all subjects and attend all classes in order to pass exams successfully.

After graduation from this Institute I would like to become a lawyer. I think that it is a noble profession, because you work with people and try to help them. To become a good lawyer you should work hard and have certain traits of character. You should be clever, helpful, open-minded and sociable. I feel that I'm just cut out to be a lawyer.

Truly yours, Lucy

Ex 1.Translate into Russian

a)Higher education, to enter, to pass exams, to fail exams (an exam), first-year student/ freshman, applicant, to be good at a subject (subjects), to work hard at smth, to hand in a paper, to attend classes, to miss classes, to do well in subjects, to lag behind the group, to catch up with the group;

b)full-time student, part-time student, extra-mural student, fellow-students;

c)to run a company, to go into business, to be in the diplomatic service, to work in the field of, hardworking, intelligent, smart, honest, to be cut out for smth.

2. Тема: Legal Profession in England and Wales Useful Words and Phrases:

legalprofession – юридическаяпрофессия; barrister – адвокат (выступающий в суде); senior/junior barrister – старший/ младший адвокат; solicitor – поверенный;

to do the court work – выполнятьработувсуде;

to do the office work – выполнятьработувконторе; legal affairs/matters – судебные, правовые дела; an attorney – адвокат;

the right of audience – право выступать всуде; college of advocates – коллегия адвокатов;

self-managed cooperative type organization – независимая общественная организация;

legal aid offices – юридическаяконсультация; defendant – ответчик;

plaintiff – истец;

litigation – судебныйпроцесс.

1 Text: Professional Titles

The legal profession in England is divided into two main groups: barristers and solicitors. Barristers do the court work and solicitors do the office work. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but they are employed by solicitors. Judges are usually chosen from the most senior barristers.

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Solicitors do much of the preparation for cases which they then give to barristers. Solicitors also have a right of audience in lower courts. In general, barristers spend most of their time either in a courtroom or preparing his arguments for the court and solicitors spend most of their time in an office giving advice to clients, making investigations and preparing documents. In the United States there is no division of the profession and a lawyer frequently does both office work and courtroom work. The attorneys are lawyers who represent clients in court. They are trained at law schools and are licensed to practice only in a certain state. In Russia lawyers work mostly in colleges of advocates - self-managed cooperative-type organizations. Colleges of advocates are formed in accordance with territorial subdivisions - in the cities, regions, republics. In it's territory any college is represented by law firms or legal aid offices, which render all legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffs or defendants in civil litigation and defense people in criminal proceedings.

2 Text: Solicitors and Barristers

There are about 66.000 practicing solicitors and over 8.000 practicing barristers in England and Wales. Solicitors and barristers work together on cases but the solicitor is the first point of contact with the law for a client in the UK. The solicitor listens carefully to the client and then explains the legal position and gives advice. Barristers will only see the client in the company of a solicitor who prepares all the documents relevant to the case which will be examined by the barrister. The barrister is a specialist in advocacy and he has the right of audience. There are only a few solicitors who are allowed to present cases in the higher courts. Barristers are selfemployed in the independent Bar. Solicitors normally get salaries but sometimes they can get extra money in the profits if they are successful. In addition to the barristers practicing in England and Wales, there are 2000 barristers working as in-house lawyers.

Judges in England and Wales have been barristers for not less than 10 years. Since judges are appointed, they can't work as barristers. Solicitors do a variety of workproperty, private law, banking, finance, employment law and environmental law.

Ex. 1. Ответьте навопросы:

1.What is the main difference between a barrister and a solicitor?

2.What kind of lawyers can become judges?

3.Is it better for a company to have an in-house lawyer or to invite a lawyer in case of necessity? Give yourreasons.

Ex. 2. Исправьте неправильные утверждения, используя выражения из текстов 1-2:

1. Both barristers and solicitors have the right of audience.

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2.Both barristers and solicitors can become judges.

3.Both barristers and solicitors have the right to argue a case in high court.

4.Barristers are employed by solicitors to argue a case.

Ex. 3. Подставьтеслово, подходящее данным определениям:

1.....is a lawyer who gives advice to his clients and prepares documents. 2.....is a lawyer who is chosen out of barristers.

3. .... is a lawyer who specializes in presenting cases in front of a judge and has the right of audience.

4..... is a lawyer who employs barristers to argue a case.

Контрольная работа по английскому языку для студентов заочной формы обучения (1 курс, 2 семестр):

1. Тема: The legal system in England and Wales.

When the police believe that somebody has committed a crime, they arrest that person and the case is then heard in court and treated as a criminal case. The courts also deal with civil cases, where no crime has been committed, such as cases of divorce or disputes over property.

Less serious criminal and civil cases are deal with in Magistrates Courts, where there is no jury but a case is usually heard by two or three magistrates. Most magistrates, also known as Justices of the Peace (JPs), work part-time and are not paid. They are given some training but not indeed legal qualifications. A clerk of the court advises them on law. When they have heard a case, the magistrates reach a verdict and where necessary decide what the punishment should be. Magistrates also decide what should happen to somebody between the time they are arrested and the time when the case is heard in court. They may grant a bail (allow the person to be free until the trial, if a sum of money is paid) or remand her or him in custody (keep the person in prison until the trial).

More serious cases are heard by Judges in the crown courts (for criminal cases) or the country courts (for civil cases). In civil cases, and in cases where the defendant has pleaded guilty, the judge sits alone, without a jury, and after hearing the case, makes a decision, or judgment.

If the person accused of a crime pleads not guilty, he or she is tried before a jury. When the evidence has been heard, the judge goes over the facts of the case (the summing-up) and explains the law to the jury. If they find the accused guilty, the judge passes sentence, that is, decides what the punishment should be.

Solicitors are lawyers who do legal business for individuals and companies and also act as advocates, representing clients in court.

Barristers used to be the only lawyers allowed to appear as advocates in the higher courts. One barrister (the Counsel for the Prosecution) tries to prove in court that the accused committed the crime. The advocate representing the defendant (the Counsel for the Defense) tries to show that he or she is innocent. They call witnesses and question them about the facts of the case.

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