Vocabulary

1. case случай, судебное дело Case Law прецедентное право

2. court, court decision суд, судебное решение

3. crime, to commit a crime преступление, злодеяние; совершать преступление

4. criminal law уголовное право

5. code кодекс

6. codify кодифицировать

7. to deal with заниматься чем-л., иметь дело (с чем-л.),обсуждать что-л.

8. to draft a law составить законопроект

9. enacted установленный, предписанный (в законодательном порядке)

10. enactment издание, принятие закона

11. felony уголовное преступление

12. guilt вина, виновность

13. innocence невиновность

14. judicial судебный, законный

15. judge судья

16. judgment приговор, решение суда

17. law закон, право, юриспруденция

18. legal юридический; правовой; законный

19. legislation законодательство; законодательный акт; закон

20. legislator (syn. lawmaker) законодатель, член законодательного органа

21. to make laws издавать законы

22. misdemeanour проступок

23. negligence небрежность

24. offence правонарушение, преступление

25. penalty, to suffer penalty наказание; нести наказание

26. precedent прецедент

27. prevail преобладать

28. to pass a law принимать закон

29. solemnity церемония; предусмотренная правовая формальность

30. statute статут, закон, законодательный акт

31. tort деликат, гражданское правонарушение

32. violence насилие; violent death насильственная смерть; violation нарушение

33. written law писаное право

Task 1. Read the text.

The Sources of English Law

On the Continent the writings of legal authors form an important source of law. In England, in accordance with the tradition the courts are the interpreters of the law. The “sources” of law are the sources to which the courts turn in order to determine what it is. From the aspect of their sources, laws are traditionally divided into two main categories according to the form in which they are made. They may either be written or unwritten. These traditional terms are misleading, because the expression “written” law signifies any law that is formally enacted, whether reduced

to writing or not , and the expression “unwritten” law signifies all unenacted laws. For example, judicial decisions are often reduced to writing in the form of law reports, but as they are not formal enactments they are “unwritten” law.

Under the influence of the Code Napoleon many continental countries have codified their law, public and private. On the Continent, therefore, the volume of written law is more than the volume of unwritten. In England in accordance with the tradition writings of the laws had comparatively little respect in the past and for the most part have never been enacted. So in England where more of laws derive from judicial precedents, unwritten law is predominant. This does not , of course, mean that none of English law is codified. Many parts of it are codified: such as the law on the sale of goods (Sale of Goods Act 1979) and the law on partnership (Partnership Act 1890). All that means that although Parliament may and does make any laws it pleases, there is no whole system of codification which prevails in many continental countries.

Two principal and two subsidiary sources of English law must be mentioned. These principal sources are Legislation, and Judicial Precedent, the subsidiary sources are Custom and Books of Authority which carry a weight of authority almost equal to that of precedents.

Task 2. Answer the Questions.

1. What are the two main sources of law?

2. Are English laws “written”?

2. What do you understand by “enacted” law?

3. What does the expression “the unwritten law” signify?

4. Why is the unwritten law predominant in England?

5. What do most of the laws in England derive from/

6. Are all “written” laws in England reduced to wring?

7. Who makes legislation in England?

Task 3. Read the text and explain the difference between Statute law and Case law.

English Law

English law can be divided into Statute Law, Common Law and Case Law. Statute Law consists of all laws passed by Parliament. The majority of laws are proposed and drafted by the government in power, any member of the House of Commons or House of Lords can also propose a law. An exception to this that is that only a member of the House of Commons may introduce a financial Bill. The laws that are drafted by the government, as the laws proposed by individual members of the House of Commons, approved (in most cases) by the House of Lords, and confirmed by the Sovereign.

Common Law consists of principles and rules of conduct based on the ancient customs of the country and recognized by the Courts as law. Common Law is unwritten, and its principles can be learnt only by intensive study of past court decisions and ancient custom. The Common Law can, however be changed or developed by statute.

But more important perhaps than either the Statute Law or even the common Law are decisions of Courts. Judicial precedents are an important source of law in the English legal system. Just as the many ancient customs of the land make up the Common Law, the collected decisions of the Courts from English “Case Law”. Once Parliament has passed a law, the courts must decide

what the words of that law mean. The interpretation of the Courts remains till either a higher court decides that this interpretation was wrong, or Parliament passes another law and changes it.

So once a Court decided against the government on a question of what a law means- and the Courts may decide that a law as worded means something quite different from what the government intended- the government must accept the decision of the Court. They may, if the Houses agree, pass another law. But that takes a great deal of time and trouble. The judges are independent of the government and the people appearing before them. This allows them to make impartial decisions. Court procedure is accusatorial. This means that judges do not investigate the cases before them but reach a decision based only on the evidence presented to them by the parties to the dispute. This called the adversarial system of justice.

Task 4. Give Kazakh (Russian) equivalents to the following words and word combinations.

Find these terms in the text and translate the sentences with them.

enacted

precedent

case

statute

court

judge

judicial

legal system

enacted law

evidence

justice

legislator

lawmakers

civil disputes

to suffer penalty

Task 5. Find in the English-Kazakh (Russian) Law dictionary the meanings of the following words: a) judiciary law, legislature law, law reports, sources of law, lawful, lawless, lawlessness, lawfulness, law-abiding b) legal, legalism, legalist, legalistic, legality, legalization, legalize, legalized, legally.

Task 6. Are these two words synonyms: law-maker and legislator? Are there any differences? Translate them.

Task 7. Find the pairs of synonyms to given words from the list below.

To make law, to obey the law, to adopt a law, to break a law, to annul a law;

To enact a law, to violate a law, to revoke a law, to disobey a law, to pass a law.

Task 8. Translate into Kazakh (Russian) in writing.

Another important feature of the common law tradition is equity. By the fourteenth century many people in England were dissatisfied with the inflexibility of the common law, and a practice developed of appealing directly to the king or to his chief legal administrator, the Lord Chancellor. As the Lord Chancellor’s court became more willing to modify existing common law in order to solve disputes; a new system of law developed alongside the common law. This system recognized rights that were not enforced as common law but which were considered “ equitable”, or just, such as the right to force someone to fulfill a contact rather than simply pay damages for breaking it or the rights of a beneficiary of a trust. The courts of common law and of equity existed alongside each rather for centuries. If an equitable principle would bring a

different result from a common law ruling on the same case, then the general rule was that equity should prevail.

Task 9. Summarize the text.

Task 10. Study this table and read the text.

The main categories of English civil law are: Law of Contracts – договорное право; Law of Torts – деликтное право; Law of Trusts – доверительное право, правовые нормы о доверительной собственности; Probate Law – право о наследовании; Family law – семейное право; The main categories of public law are: Criminal law – уголовное право; Constitutional law – конституционное право; International Law – международное право.

Classification of law.

In many countries a distinction is made between private (or civil) and public law. Civil laws regulate relations between individuals or groups of individuals. A civil action (lawsuit) can be brought when one person feels wronged or injured by another person. Courts may award the injured person money to make amends in some other way. Civil laws regulate many everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another. The main categories of English civil law are:

Law of Contracts; binding agreements between people (or companies);

Law of Torts: wrongs committed by one individual against another individual’s person, property or reputation;

Law of Trusts, arrangements whereby a person administers property for another person’s benefit rather than his own Land Law’

Probate Law: arrangements foe dealing with property after the owner’s death;

Family law.

The main categories of public law are:

Criminal law: A criminal case is a legal action by the government against a person charged with committing a crime. Criminal laws have penalties requiring that offenders be imprisoned, fined, placed under supervision, or punished in some other way. Criminal offenses are divided into felonies and misdemeanors. The maximum penalty for a felony is a term of more than one year in prison. For a misdemeanor the penalty is a prison term of one year or less.

Constitutional law: regulation of how the law operates and of the relation between private citizen and government;

International Law: regulation of relations between governments and also between private citizens of one country and those of another.

Most countries make a rather clear distinction between criminal and civil procedures.

Street law is the concept of educating people about law that is of practical use in everyday life. Every purchase, lease, contract, marriage, divorce, crime, or traffic violation places the citizen face-to-face with the law. Street law is designed to provide you with an understanding of your legal rights and responsibilities, knowledge of everyday legal problems, and the ability to analyze, evaluate, and, in some situations, resolve legal disputes.

Task 7. Answer the following questions.

1. What is the main distinction between private and public law in many coutries?

2. What are the main categories of English civil law?

3. What law deals with binding agreements between people?

4. What is meant under the term “torts”?

5. What law deals with the arrangements whereby a person administers property for another person’s benefit?

6. What are the main categories of English public law?

7. What wrongs does the Criminal law deal with?

8. What law regulates the relations between private citizens and the government?

9. What does International law regulate?

10. Who usually starts a criminal and a civil action?

Task 8. Give some examples for civil and criminal cases. What differences are there between civil and public law?

Task 9. Translate into Kazakh (Russian): the law of contract, tort, property, a criminal offence, a civil wrong, civil law, substantive law, procedural law.

Task 10. Give definitions to the following words: defendant, crimes, civil law, prosecution, torts, and public law.

Task 11. Translate into Kazakh (Russian): offence, to give offence(to), to take offence, quick to take offence; This was his third offence.; to offend, offender; offensive.

Task 12. Read the text and say on what principles are based the courts of Great Britain.

The structure of the courts sometimes reflects the difference between civil and criminal law. One should also know the difference between courts of the first instance and appellate courts.The court in which a case is first heard is called the court of first instance (юрисдикция суда первой инстанции). In almost all cases it is possible to appeal to a higher court for reconsideration of the decision of the original court. These courts are called appellate courts.

There are, within the English legal system, a large number of courts … thus it is possible to classify courts according to their functions. The obvious classification would be into courts of civil and courts of criminal jurisdiction. The classification is not, however, very precise since, although certain courts exercise a purely civil and criminal jurisdiction, most English courts hear both civil and criminal cases. Thus the House of Lords, Court of Appeal, High Court, Crown Court and magistrates’ courts exercise jurisdiction in both civil and criminal matters. A second classification would be into courts of original and courts of appellate jurisdiction. Nor is this division of general application. Although certain courts, such as the Court of Appeal and the

House of Lords, exercise a purely appellate jurisdiction, while other courts, such as magistrates’ courts, have no appellate jurisdiction. Many courts, notably the High Court and the Crown Court, exercise both original and appellate jurisdiction.

СРСП 4

Task 1. Read the text.

Rules and Laws

The English word “law” refers to limits upon various forms of behaviour. Some laws are descriptive: they simply describe how people usually behave. Other laws are prescriptive- they prescribe how people ought to behave.

In all societies, relations between people are regulated by prescriptive laws. Some of them are customs- that is, informal rules of social and moral behaviour. Some are rules we accept if we belong to particular social institutions, such as religious, educational and cultural groups. And some laws are made by nations and enforced against all citizens within their power.

The rules of social institutions are more formal than customs. They carry penalties for those who break them. They are not, however, enforceable by any political authority.

Customs need not be made by governments, and they need not be written down. We learn how we should behave in society through the instruction of family and teachers, the advice of friends, and our own experiences. Sometimes, we can break these rules and do not suffer any penalty. But if we continually break the rules, or break a very important one, other members of society

may criticize us, act violently toward us or refuse to have anything to do with us. The ways in which people talk, eat and drink, work and relax together are usually guided by many such informal rules which have very little to do with laws created by governments.

Order is rich with meaning. Let’s start with “law and order”. Maintaining order in this sense means establishing the rule of law to preserve life and to protect property.

Members of every community have made laws for themselves in self-protection. If it were not for the law , you could not go out in daylight without the fear of being kidnapped, robbed or murdered. There are far more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone. Even if we were all as good as we ought to be, laws would still be necessary. Suppose you went to a greengrocery- and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle.

However, when governments make laws for their citizens, they use a system of courts backed by the power of the police. Of course, there may be instances where the law is not enforced against someone ( for example when young children commit crimes).

Government- made laws are nevertheless often patterned upon informal rules of conduct which already exist in society and relations between people are regulated by a combination of all these rules.

Task 2. Choose the right word or word-combination.

1. The English word “law” refers to limits upon various….

a) rules of social institutions b) members of society c) forms of behaviour

2. The rules of social institutions are not enforceable by any ….

a) political authority b) social rules c) social relations

3. … need not be made by governments and they need not be written down.

a) rules b) laws c) customs

4. When governments make … for their citizens they use a system of courts backed by the police.

a) customs b) relations c) laws

5. Government- made laws are often patterned upon informal … which already exist in society. a) norms of behaviour b) rules of conduct c) social norms

Task 3. Insert the right words: laws (2), commit crime, customs, rules (2)

1. Customs are informal … of social and moral behaviour. 2. The rules of social institutions are more formal than… . 3. …. need not be made by governments. 4. We accept … if we belong to particular social institutions. 5. … are made by governments and enforced against all citizens within their power. 6. The law is not enforced against young children when they… .

Task 4. Answer the questions to the text.

1. What does the English word “law” refer to ?

2. What regulates the relations between people?

3. Are customs made by governments?

4. How do governments enforce the laws which they make?

Task 5. Give a short summary of the text.

Task 6. Read the text.

Common and Continental Law

There are two main traditions of law in the world. One is based on English Common law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe, Continental law has also influenced Japan.

Common law or case law systems differ from Continental law as it has developed gradually throughout history. It is not the result of government attempts to codify every legal relation. Customs and rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make law, since their interpretations may become precedent for other courts to follow.

Before William of Normandy invaded England in 1066 no law was common to the whole kingdom. The Norman Kings sent traveling judges around the country and gradually a “common law” developed under the authority of three common law courts in London. Judges dealt with both criminal cases and civil disputes between individuals. Although local and ancient customs played their part, uniform application of law throughout the country was promoted by the gradual development of the doctrine of precedent. By this principle, judges attempted to apply existing customs and laws to each new case, rather than looking to the government to write new laws. If the essential elements of a case were the same decision regarding guilt or innocence. If

no precedent could be found, then the judge made a decision based upon existing legal principles, and his decision would become a precedent for other courts to follow when a similar case arose. The doctrine of precedent is still a central feature of modern common law systems. Sometimes governments make new laws- statutes- to modify or clarify the common law, and they are interpreted by the courts in order to fit particular cases, and these interpretations become new precedents.

Continental systems, codified legal systems have resulted from attempts by governments to produce a set of codes so that the state could govern every legal aspect of a citizen’s life. When the lawmakers were codifying their legal systems, they looked to the example of Revolutionary and Napoleonic France, whose legislators wanted to break with previous case law.

The lawmakers were also influenced by the model of the Canon law of the Roman Catholic Church, but the most important models were the codes produced in the seventh century under the direction of the Roman Emperor Justinian. Versions of Roman law had long influenced many parts of Europe but had little impact on English law.

Task 7. What are the two main traditions of law in the world?

Task 8. Find the doctrine of “precedent” in the text and explain its meaning.

Task 9. Guess the meanings of the following expressions:

- death caused by violent, external means, as distinguished from natural death;

- a crime of graver nature than a misdemeanour;

- criminal offences less than felonies;

Task 10. Try to draw a plan of the court system in your country, showing which courts have civil functions and which have criminal functions. Compare your plan with another student’s.

Task 11. Learn and remember the following phrasal verbs.

TO BREAK – бүлдіру, қирату; (заңды) бұзу; (келісімді) бұзу; ломать, разрушать; нарушать (закон); расторгать (соглашение)

to break into premises – үй-жайға бұзып кіру; проникать в помещение со взломом

to break into a door – есікті бұзу; взломать дверь

to break a law – заңды бұзу; нарушать закон

to break a marriage – неке бұзу; расторгать брак

to break an oath - сертті бұзу; нарушать клятву

to break off relations – қарым-қатынасты үзу; разрывать отношения

to break out – басталу (соғыс, көтеріліс), начинаться (о войне, забастовке)

to break the peace- қоғамдық тәртіпті бұзу; нарушать общественный порядок

to break out of prison – түрмеден қашу, совершать побег из тюрьмы

to break sanctuary – баспана құқығын бұзу; нарушать право убежища

to break up – тарату; расформировать

Task 12. Give the English equivalents from the task above.

қоғамдық тәртіпті бұзу, нарушать общественный порядок; заңды бұзу, нарушать закон; есікті бұзу, взломать дверь; қарым-қатынасты үзу, разрывать отношения; үй-жайға бұзып

кіру, проникать в помещение со взломом; түрмеден қашу, совершать побег из тюрьмы; сертті бұзу, нарушать клятву; басталу (соғыс, көтеріліс), начинаться (о войне, забастовке);

тарату, расформировать; неке бұзу, расторгать брак; баспана құқығын бұзу, нарушать право убежища.

Task 13. Give 5-6 sentences with words given in ex. 9.

Unit 5