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Legal English For Correspondence Students.doc
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Receiving stolen property

Accepting property acquired by larceny or robbery is now a distinct statutory offense, generally a felony, depending in some states on the value of the property that was stolen. Most of the statutes require that the offense have several elements: (a) the accused must actually have received the property; (b) it must have been stolen and remain stolen at the time of its receipt; (c) the receiver must have known that the property was stolen; and (d) he must have received it with criminal intent, that is, intent to prevent the owner from getting it back. The typical receiver today is what newspapers and books refer to as a fence. He is the one who encourages the criminal to steal or commit larceny in the first place because of his assurance to the thief that he can sell or dispose of the stolen property. Knowledge by the receiver that the property is stolen may be implied by the courts from the circumstances of the case. If property is, in fact, stolen, the receiver accepts it "with knowledge" if (a) he knows it was stolen, (b) he believes it was stolen or (c) his suspicions are aroused and he does not check further for fear that he will discover it was stolen. Suppose a used-car dealer is offered a car exactly like the one described in a recent newspaper story about the theft of a car from a nearby parking lot. He either knows or believes that the car offered to him was stolen. His acceptance of that car would, in all likelihood, subject him to the charge of receiving stolen property. The situation would be different if the theft of the car from the parking lot happened some time earlier and the dealer only vaguely remembered the details in the newspaper account. Even if the car now offered him for sale in his used-car lot seems in fine condition and he believes he can sell it quickly at a good profit, he would be wise to check carefully to make sure the person offering him the car has legal title to ownership of it. Statutes in many, if not all, states require the registration with the state of documents of title to automobiles, and the dealer should have little difficulty learning whether the car is actually owned by the person who wants to sell it. But all documents can be forged, and to protect himself from the possible charge of receiving stolen property, a dealer should report to the proper authorities any case that seems suspicious.

UNIT 15

CONVERSATION

– Hello! Have you heard anything about the results of our appeal?

– Nothing. I've been waiting for them since ten o'clock.

– When will they tell us the results?

– Nobody can answer this question.

– Look, what is on TV?

– It is a session of the Congress of the USA.

– Is it interesting?

– I don't know. They have been discussing something for a long time and I haven't understood a word.

– So, switch it off and don't waste time.

FOCUS ON GRAMMAR AND PRACTICE

UNREAL CONDITIONAL SENTENCES

НЕРЕАЛЬНЫЕ УСЛОВНЫЕ ПРЕДЛОЖЕНИЯ

1. Если мы говорим о нереальных или маловероятных действиях или ситуациях, которые относятся к настоящему или будущему, то используются следующие временные формы.

ПРИДАТОЧНОЕ ПРЕДЛОЖЕНИЕ (IF)

ГЛАВНОЕ ПРЕДЛОЖЕНИЕ

PAST INDEFINITE

WOULD('D) + INFINITIVE

(to BE WERE для всех лиц)

If I had more time, I would study more.

Если бы у меня было больше времени, я бы больше занимался.

If I were you, I would call the police.

Если бы я был на твоем месте, я бы вызвал полицию.

2. Когда мы говорим о том, что не произошло в прошлом, но могло бы произойти при каких-то обстоятельствах (нереальное условие, относящееся к прошлому), то используем следующие временные формы.

ПРИДАТОЧНОЕ ПРЕДЛОЖЕНИЕ (IF)

ГЛАВНОЕ ПРЕДЛОЖЕНИЕ

PAST PERFECT

WOULD('D) HAVE + INFINITIVE

If I had known about it, I would have acted differently.

Если бы я знал это, то я бы действовал по-другому.

3. В главном предложении вместо would могут использоваться could (мог бы) и might (может быть, … бы).

1. Составьте как можно больше предложений; переведите их.

I

would go to the USA

if he had attended the lectures.

They

would have been arrested

if .... had more time for the preparation.

The judge

would buy a new car

if there were more money.

Mr. Lawrence

would have passed the exam

if the case had been proved.

He

would pass a sentence

if there were more evidence.

She

would pass the exam

if ... could afford it.

2. Закончите следующие предложения в письменном виде.

  1. He would take the Financial Law if ...

  2. He would apply to the Law School if ...

  3. The police officer would have detained the man if ...

  4. I would have prepared for the class if ...

  5. If I were you, I ...

  6. If I had been in such a situation, I ...