 Reading

TEXT A

Выучите слова.

statutory law	статутное право
to assume	принимать на себя
to mix	смешивать
enumeration	перечисление
supremacy clause	положение о превосходстве
county	графство
ordinance	постановление
to remain	оставаться
to supersede	заменять собой (другой закон)

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1. What did American law originally consist of?

2. What law is increasingly gaining in importance?

3. Can we call the American legal system a pure case law system or does it consist exclusively of statutes and codifications?

4. Does it differ greatly from the legal system of Continental Europe?

5. What does statutory law consist of on the federal / state level?

Statutory law

American law originally consisted mainly of case law. However, since the end of the nineteenth century statutory law has been increasingly gaining in importance. Economic and social legislation replace the Common Law in these fields, and special administrative agencies, such as the Interstate Commerce Commission (комиссия по торговле между штатами), assume some of the regulatory functions of the courts. The American legal system today, therefore, is neither a pure case law system nor a system consisting exclusively of statutes or codifications. It appears as a mixed system and does not differ materially from the Continental European development to a mixed system through increasing significance of case law. Its main emphasis remains on interpretation and development of the law through judicial decisions.

Statutory law exists on the federal, as well as on the State level. The Federal Constitution governs, by express enumeration, the extent of federal legislation, reserves all other legislative competence to the States, and provides in the so-called "Supremacy Clause" of its Sixth Article that federal law supersedes State law. "Federal law" comprises, first of all, the Constitution itself (and the binding constitutional case law of the Supreme Court), federal statutes (including implementing regulations issued by federal administrative agencies), and federal treaties. The statutory law of the States, in turn, consists of State constitutional law, the statutes of the State, and the legal regulations of the counties and cities (ordinarily called "ordinances").

TEXT B

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Written laws and records Statutes, Regulations and Decisions

All the laws under which you live and work exist somewhere, in black and white. We have already noted what they are: the U.S. Constitution, the constitution of your state, the acts or statutes adopted by the U.S. Congress and by the legislature of your state and the local ordinances of your community's legislature. These are, altogether, the constitutional and the legislative laws that affect you. The administrative laws or regulations include, for example, the rules of the motor vehicle bureau of your state or the regulations of the Internal Revenue Service. Finally, there are the decisions by the courts of the United States and of your own state. These decisions have the full force of the law behind them, meaning that what they say you must do, and the government will force you to do, under penalty of fine or imprisonment, or both.

You may ask where and how you can find all these laws and regulations. To find them all, you would have to go to a large public library. But to find the court cases that are meaningful to you, to interpret and understand them, you must go to a lawyer.

UNIT 8

 CONVERSATION

• Excuse me. Can you tell me where South Street is, please?

• Take the second turn on the left and then ask again.

• Is it far?

• No, it's only about five minutes' walk.

• Many thanks.

• Not at all.

• Excuse me, please. Could you tell me the way to the station?

• Turn round and turn left at the traffic-lights.

• Will it take me long to get there?

• No, it's no distance at all.

• That's OK.

 FOCUS ON GRAMMAR AND PRACTICE

INDIRECT SPEECH

КОСВЕННАЯ РЕЧЬ И ПРАВИЛА СОГЛАСОВАНИЯ ВРЕМЕН

Правило согласования времен заключается в том, что если в косвенной речи сказуемое главного предложения стоит в прошедшем времени, то сказуемое придаточного предложения – в одном из прошедших времен.

Direct Speech

Indirect Speech

+

Present Indefinite “I like this idea.”	Past Indefinite He said that he liked this idea.
Present Continuous “It is raining.”	Past Continuous He observed that it was raining.
Present Perfect “I have met him before.”	Past Perfect He said that he had met him before.
Past Indefinite “I examined the room.”	Past Perfect He replied that he had examined the room.
Future Indefinite “They will be late.”	Future in the Past I was afraid that they would be late.
Present Perfect Continuous “I have been working hard.”	Past Perfect Continuous He explained that he had been working hard.
Past Perfect “I had not seen her before that day.”	Past Perfect He remarked that he had not seen her before that day.
Past Continuous “I was reading while Ann was playing the piano.”	Past Continuous He said that he was reading while Ann was playing the piano.

?

“Do you live in this house?”	He was interested / wanted to know if (whether) I lived in that house.
“Why did you stop here?”	He asked (me) why I had stopped there.

!

“Bring me that book, please”	He told me to bring him that book.
“Be careful, please.”	He asked me to be careful.
“Don’t move!”	He ordered me not to move.
“Yes, I’ll come.”	He answered in the affirmative. He agreed / promised to come.
“No, I won’t come.”	He answered in the negative. He didn’t agree to come.

Обратите внимание!

1. Правила согласования времен не действуют, если то о чем говорят, актуально и на данный момент.

We explained that it is very difficult to find our house.

2. Модальные глаголы might, could, would, should, ought to, must (должно быть) не изменяются в косвенной речи:

We explained that it could be difficult to find our house.

She said that she might bring a friend to the party.

Must (должен) – можно оставить без изменения или заменить на had to.

3. В косвенной речи имеет место замена наречий и местоимений.

today → that day

"I saw him today", she said.

She said that she had seen him that day.

yesterday → the day before

"I saw him yesterday", she said.

She said that she had seen him the day before.

the day before yesterday → two days before

"I met her the day before yesterday", he said.

He said that he had met her two days before.

tomorrow → the next/following day

"I'll see you tomorrow", he said.

He said that he would see me the next day.

the day after tomorrow → in two days time/ two days later

"We'll come the day after tomorrow", they said.

They said that they would come in two days time/ two days later.

next week/month/year → the following week/month/year

"I have an appointment next week", she said.

She said that she had an appointment the following week.

last week/month/year → the previous/week/month/year

"I was on holiday last week", he told us.

He told us that he had been on holiday the previous week.

ago → before

"I saw her a week ago", he said.

He said he had seen her a week before.

this (for time) → that

"I'm getting a new car this week", she said.

She said she was getting a new car that week.

this/that (adjectives) → the

"Do you like this shirt?" he asked.

He asked if I liked the shirt.

here → there

He said, "I live here".

He told me he lived there.

Местоимения, как правило, меняются на 3-е лицо, если говорящий не передает свои собственные слова.

He said: "I like your new car." He told her that he liked her new car.

I said: "I'm going to my friend's house." I said that I was going to my friend's house.