Задания к экзамену по ин яз

ЗАДАНИЕ ДЛЯ ПОДГОТОВКИ К ЭКЗАМЕНУ

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2. Прочитайте текст, выпишите из текста 10 юридических терминов по данной теме,переведите и выучите их.

3. Выполните письменный перевод текста на русский язык.

4. Ответьте письменно на вопросы по содержанию текста (на английском языке).

5. Устно подготовьте контрольное чтение вслух и перевод текста

6. Письменные задания должны быть оформлены в печатном виде, на листах А4.

Страница делится на две части. Слева должен располагаться английский текст и послетекстовые вопросы, справа – перевод текста и ответы на вопросы (на английском языке). Титульный лист оформляется также, как для контрольной работы по иностранному языку.

7. Ответ на экзамене включает в себя лексический минимум к тексту (10 терминов, выученных наизусть), чтение вслух и перевод любого отрывка из подготовленного текста (на усмотрение преподавателя).

TEXT 1. TYPESOFLEGALPROFESSION

SOLICITORS. Thereare about 50,000 solicitors, a number which is rapidly increasing, and they make up far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates" court.

BARRISTERS. There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Council).

JUDGES. There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.

JURY. A jury consists of twelve people ("juriors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listens to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

MAGISTRATES. There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. There are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.

CORONERS. Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.

CLERKS OF THE COURT. Clerks look after administrative and legal matters in the courtroom.

Ответьтенавопросы.

1. What is the difference between solicitors and barristers ?

2. What is the highest level of barristers?

3. Who is «a juror»?

4. What do coroners do?

TEXT 2. SOCIAL MORALITY, RULES AND LAWS

The English word "law" refers to limits upon various forms of behavior. 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 behavior. 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 experience. Sometimes, we can 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.

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).

Ответьтенавопросы.

1. What does the English word "law" refer to?

2. What is the difference between descriptive and prescriptive laws?

3. What is the difference between the rules of social institutions and customs?

4. Are there any instances where the law is not enforced against someone?

TEXT 3.ANCIENT SYSTEMS OF LAW

One of the earliest systems of law of which we have knowledge is the collection of laws, known as the Code of Hammurabi, the Babylonian king, who lived in about 1900 B.C., and whose stone figure we can see in the British Museum in London. Another early code is the code of Hebrew Law contained in the Bible.

In Greece each city state had its own law, some laws were common to many states. In the seventh century B.C. the Greeks began to put their laws into writing. About 594 B.C. Solon, the famous Athenian law-giver, provided a new code of law. The Athenians did not consider it necessary to have legal experts for non-criminal cases. In a civil case the verdict was given by a jury, which might number anything from 201 to 2,500. The members of a jury listened to speeches made by the persons who had brought the case before them, and by their friends. Barristers did not participate in court proceedings, but professional speech writers sometimes prepare speeches.

Roman law is one of the greatest systems that has ever existed. It was based upon custom, and by A.D. 528 the quantity of Roman law had become so immense that The Emperor Justinian in Constantinopole ordered to make a clear, systematic code of all the laws.

Roman law had a deep influence upon the law of the world. It had a strong influence of most European countries and some influence on Anglo-Saxon law, which is the other great law system of the world. After many years Roman law reappeared in the eleventh century, when there was a great revival of learning. Many European countries began to use Roman law in their courts. In France, however, until Napoleon codified the law in 1804, each province has its own laws. The Napoleonic Code was a splendid achievement, and it has influenced the law of many countries in Europe and South America.

Notes:

В.С. (before Christ) – донашейэры.

Hebrew Law – древнееврейскоеправо.

A.D. (Anno Domini) (лат.) – нашейэры.

Ответьте на вопросы.

1. What ancient systems of law do we have knowledge of ?

2. What book contains one of the earliest systems of law ?

3. When did the Greeks begin to put their laws into writing ?

4. What is one of the greatest systems of law ?

5. What system of law had a great influence on the law of the world ?

TEXT 4.THE GOVERNMENTAL MODEL IN THE UK

The governmental model that operates in Britain today is usually described as constitutional monarchy, or parliamentary system. While a monarch still has a role to play on some executive and legislative levels, it is Parliament, which possesses the essential power, and the government of the day, which governs by initiating and controlling political policy and legislation. The correct constitutional definition of Parliament is "Queen-in-Parliament", and all state and governmental business is therefore carried out in the name of the monarch by the politicians and officials of the system.

In constitutional theory the British people hold the political sovereignty to choose their government, while Parliament, consisting partly of their elected representatives in the Commons, possesses the legal sovereignty to make laws.

The various branches of this political system, although easily distinguishable from each other, are not entirely separate. The monarch is formally head of the executive, the legislature and the judiciary.

The legislature, which consists of both Houses of Parliament and formally the monarch, is for most purposes the supreme law-making body.

The executive comprises the sitting government and its Cabinet, together with government ministers of departments headed by ministers or secretaries of state, who all act formally in the name of the monarch. The judiciary is composed mainly of the judges of the higher courts, who determine the common law and interpret Acts of Parliament.

The judiciary is supposed to be independent of the legislative and executive branches of government.

Ответьтенавопросы.

1. What role does the sovereign play in constitutional monarchy?

2. Why are the branches of the British political system not entirely separate?

3. What are the functions of the three branches of power?

TEXT 5 THE AMERICAN CIVIL SERVICE

Many people think of a federal bureaucrat as a pencil pusher shuffling papers in Washington, D. C. This image, however, is not accurate. First of all, only 11 percent of all federal government employees work in Washington, D. C. Most of them work in regional and local offices scattered across the United States and the world. Second, FBI agents, forest rangers, and air-traffic controllers are as much part of the federal bureaucracy are as secretaries and file clerks. Their activities have little to do with bureaucratic paperwork.

Federal government employees play a vital role in assuring the smooth functioning of the United States government. Who are the people who work for the many departments and agencies that make up the federal bureaucracy? The typical man or woman in the federal service is about 43 years old and has worked for the government for a total of about 15 years. Federal workers are better educated than workers in the general population. More than a half of them have some college training, while a quarter have done graduate work at universities.

Federal workers hold a great variety of jobs. Besides administrative workers, the government also employs doctors, veterinarians, lawyers, cartographers, scientists, engineers, accountants, and many other professionals.

The way the civil servants get their offices is also important. During the first years of democracy, George Washington declared that he appointed government officials according to "fitness of character." Another president, Andrew Jackson argued that long service in the same jobs by any group of workers would only promote tyranny.

Ответьтенавопросы.

1. What common features do federal workers have?

2. What kind of jobs do government employees hold?

3. How did civil servants get their offices in the first years of American democracy?

4. How were governmental officials appointed in the first years of American democracy?

TEXT 6 THE COURT SYSTEM OF ENGLAND AND WALES

There are two main types of court in England and Wales: magistrates' courts (or courts of the first instance), which deal with about 95 per cent of criminal cases and with some civil matters, and Crown Courts for more serious offences. All criminal cases above the level of magistrates' courts are held before a jury.

There are about 700 magistrates' courts in England and Wales, served by approximately 28,000 unpaid magistrates or Justices of the Peace (JPs) who are ordinary citizens. A court normally consists of three magistrates, who are advised on points of law by a legally qualified clerk. They may not impose a sentence of more than six months imprisonment or a fine of more than 2000 pounds, and may refer cases requiring a heavier penalty to the Crown Court. A Crown Court is presided over by a professional judge, but the verdict is reached by a jury of twelve citizens, who are selected at random. There are some offences where the defendant is given the choice of having his case heard in the magistrates' court or the Crown Court.

A person convicted in a magistrates' court may appeal against its decision to the local Crown Court, which will hear the appeal without a jury. On points of law he may appeal directly to the Queen's Bench Division of the High Court. Appeals against a decision of the Crown Court go first to the High Court and, in special cases, to the Court of Appeal (Criminal Division). The highest court of appeal is the House of Lords. The decisions of law lords on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords by passing an Act of Parliament.

Apart from the limited civil functions of magistrates' courts, the lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract disputes and actions regarding the property of a dead person. Cases involving larger amounts of money are heard by one of the divisions of the High Court. Appeals from the High Court, and most appeals from the County Courts, go to the Court of Appeal (Civil Division).

Ответьте на вопросы, основываясь на содержании текста.

1. What are the two main types of court in England and Wales?

2. How many magistrates’ courts are there in England and Wales?

3. Who presides over a Crown Court?

4. Where may a person convicted in a magistrates’ court appeal against its decision?

5. What is the highest court of appeal?

TEXT 7 THE COURT SYSTEM OF THE USA

The American court system is complex, mainly because of the federal system of government in the USA. Each slate runs its own separate system of courts. In addition, there is a separate system of federal courts, which operates alongside the state courts.

The structure of state courts varies from state to stale. Usually there are minor trial courts for less serious cases, major trial courts for more serious cases, intermediate appellate courts and courts of last resort. The state's minor trial courts have various names: justice courts, small-claims courts, traffic courts, police courts, municipal courts, mayors' courts. The judges in these courts are usually quite professional, but some states still have Justices of Peace - men and women who have never gone to law school and never taken the bar exam.

The next level of the pyramid is made up of state's courts of general jurisdiction, which are the basic trial courts. These courts hear civil cases involving larger amounts of money than in minor trial courts. They also handle cases of serious crime, such as burglary, rape and murder. The judges are always lawyers.

In states with small population the loser of the trial court can appeal directly to the state's top court usually called the Supreme Court. In other words, these states have "two-tier" court systems. The states with big or middle-sized populations have a "three-tier" system. Most appeals go to the middle level, and (here they end.

Federal courts are also organized in three tiers: district courts, courts of appeals and the Supreme Court. All federal judges are appointed for life.

A case which falls within federal jurisdiction is heard first in one of the ninety-four district courts. Every state has at least one, in the larger states there arc more than one district court. Each case is tried by a single judge, sitting alone.

Ответьте на вопросы, основываясь на содержании текста.

1. Why is the American court system complex?

2. What are the names of the state's minor trial courts?

3. Who is Justice of Peace?

4. What are the basic trial courts?

5. How are federal courts organized?

TEXT 8 THE BRITISH CONSTITUTION

Parliamentary democracy in Britain has a special character which stems from the fact that the British Constitution is not to be found in a single document. This does not mean, however, that Britain does not have a formal and controlled system of government. British democracy has evolved over time. Treaties like the Act of Union between England and Scotland in 1707 and the treaty with the Irish Free State in December 1921 have helped to shape the Constitution as it is today.

Similarly, statute laws have established constitutional principles which have then been interpreted and developed by the courts. In addition, historic practices have gradually become recognised as part of the Constitution. The whole complex system has developed gradually over the centuries and continues to do so.

The increasing importance of the party system, which supplies both the Government and the Opposition in the Houses of Parliament, is an illustration of political evolution. So too is the office of Prime Minister. A modern British Prime Minister has very considerable powers, greater than those of many other leaders of democratic states. These powers do not stem from a constitutional document or from statute law. They have arisen as a result of the growing strength of party discipline and organisation and experience of the conduct of affairs particularly in time of war.

Ответьте на вопросы, основываясь на содержании текста.

1. What is parliamentary democracy in Britain like?

2. What treaties have helped to shape the Constitution as it is today?

3. What kind of laws have established constitutional principles?

4. What does the party system supply?

5. Where have powers of a modern British Prime Minister arisen?

TEXT 9 THE BRITISH SYSTEM OF VOTING

The simple majority system of voting is used in the General Election in the UK. This means that the candidate with the largest number of votes in each constituency is duly elected, although he or she may not necessarily have received more than half the votes cast.

It is thought that this system favours two-party competition, particularly when the parties' support is concentrated geographically. It does not favour parties whose support is spread thinly and evenly across constituencies, as they tend to accumulate relatively small numbers of votes in each constituency and consequently do not win many seats. It is calculated that the Liberal Democrats are under represented in Parliament for this reason. Voting is by secret ballot.

Who may vote – All British citizens who are registered as electors by being resident in the UK may vote provided they are aged 18 years or over and are not legally barred from voting. Subject to the same conditions, citizens of other Commonwealth countries and the Irish Republic who are resident in Britain may also vote. British citizens living abroad may apply to be registered to vote for up to 15 years after leaving Britain. They may register to vote in the constituency in which they were last resident.

Who may not vote – The following people are not entitled to vote in parliamentary elections: The Monarch, members of the House of Lords; foreign nationals, other than citizens of Commonwealth countries and of the Irish Republic resident in Britain; people kept in hospital because of criminal behaviour; people serving prison sentences; people convicted within the previous five years of corrupt or illegal election practices; young people under 18.

Ответьте на вопросы, основываясь на содержании текста.

1. What does the majority system of voting mean?

2. What parties does not this system of voting favour?

3. Who may vote?

4. Where may British citizens living abroad register to vote?

5. Who cannot vote?

TEXT 10 STATE GOVERNMENT IN THE USA

Before their independence, colonies governed themselves separately under the authority of the British Crown. In the early years of the republic, prior to the adoption of the Constitution, each state was virtually an autonomous unit.

In general, matters that lie entirely within state borders are the exclusive concern of state governments. These include internal communications; regulations relating to property, industry, business, and public utilities; the state criminal code; and working conditions within the state. Within this context, the federal government requires that state governments must be republican in form and that they adopt no laws that contradict or violate the federal Constitution or the laws and treaties of the United States.

Like the national government, state governments have three branches: executive, legislative, and judicial; these are roughly equivalent in function and scope to their national counterparts. The chief executive of a state is the governor, elected by popular vote, typically for a four-year term (although in a few states the term is two years). Except for Nebraska, which has one legislative body, all states have a bicameral legislature, with the upper house usually called the Senate and the lower house called the House of Representatives, the House of Delegates, or the General Assembly. In addition to the previous usage, some states refer to the entire state legislature as the "General Assembly", with two houses therein. In most states, senators serve four-year terms, and members of the lower house serve two-year terms.

The constitutions of the various states differ in some details but generally follow a pattern similar to that of the federal Constitution, including a statement of the rights of the people and a plan for organizing the government. On such matters as the operation of businesses, banks, public utilities, and charitable institutions, state constitutions are often more detailed and explicit than the federal one. Each state constitution, however, provides that the final authority belongs to the people, and sets certain standards and principles as the foundation of government.

Ответьте на вопросы, основываясь на содержании текста.

1. What is the exclusive concern of state governments?

2. What does the federal government require from state governments?

3. What are the branches of state governments?

4. Who is the chief executive of a state?

5. What are the constitutions of different states similar to?

TEXT 11.Elections in Great Britain

The maximum life of the House of Commons has been restricted to five years since the Parliament Act 1911. The franchise (right to vote) became universal for men in the nineteenth century. Women's suffrage came in two stages (1918 and 1928).

For parliamentary elections the United Kingdom is divided into 650 constituencies of roughly equal population. The average constituency contains about 60,000 registered votes. Any British citizen from the age of 18 registered as an elector for the constituency elects a single member to the House of Commons.

Voting is on the same day (usually on Thursday) in all constituencies, and the voting stations are open from 7 in the morning till 9 at night. Each voter has only one vote, if he knows that he will be unable to vote, because he is ill or has moved away or must be away on business, he may apply in advance to be allowed to send his vote by post.

Voting is not compulsory. But in the autumn of each year every householder is obliged by law to enter on the register of electors the name of every resident who is entitled to vote. Much work is done to ensure that the register is complete and accurate. It's only possible to vote at the polling station appropriate to one's address.

As in Britain the political scene is dominated by the Conservatives and the Labour Party, in every constituency each of these parties has a local organization whose first task is to choose the candidate and which then helps him to conduct his local campaign. Any British subject can be nominated as a candidate, there is no need to live in the area, though peers, clergymen, lunatics and felons in prison are disqualified from sitting in the House of Commons.

There are usually more than two candidates for each seat. The candidate who wins the most votes is elected. This practice is known as the majority electoral system.

Ответьтенавопросы:

1. How often are elections held in Great Britain?

2. How many constituencies are there in the United Kingdom?

3. Are electors allowed to vote by post?

4. Is voting compulsory?

5. Who can be nominated a candidate at the election?

6. What is the essence of the majority electoral system?

TEXT 12.The American State Power System

The United States is a constitutional republic. The nation operates as a presidential system also known as a congressional system. The federal government’s power is divided between three branches – the legislative, the executive and the judicial.

The legislative branch – the Congress – is made up of elected representatives from each of the 50 states. It is the only branch of U.S. government that can make federal laws, levy federal taxes, declare war, and put foreign treaties into effect. Members of the House of Representatives are elected to two-year terms. Each member represents a district in his or her home state. In all, there are 435 representatives in the House. Senators are elected to six-year terms. Each state has two senators, regardless of population. There are 100 senators. To become a law, a bill must pass both the House and the Senate. Once both bodies have passed the same version of a bill, it goes to the president for approval.

The chief executive of the United States is the president, who together with the vice president is elected to a four-year term. As a result of a constitutional amendment that went into effect in 1951, a president may be elected to only two terms. Other than succeeding a president who dies or is disabled, the vice president's only official duty is presiding over the Senate. The vice president may vote in the Senate only to break a tie. The president's powers are formidable but not unlimited. As the chief formulator of national policy, the president proposes legislation to Congress. The president may veto any bill passed by Congress. The president is commander-in-chief of the armed forces.

The judicial branch is headed by the U.S. Supreme Court, which is the only court specifically created by the Constitution. In addition, Congress has established 13 federal courts of appeals and, below them, about 95 federal district courts. The Supreme Court meets in Washington, D.C., and the other federal courts are located in cities throughout the United States. The Supreme Court consists of a chief justice and eight associate justices.

Ответьтенавопросы:

1. How many states are there in the USA?

2. Does this country have a constitution?

3. Who is the official head of this country?

4. Is the USA a democratic state? Prove it.

5. What are the main branches of power in America?

TEXT 13.MONARCHY IN BRITAIN

Great Britain is a monarchy, but the Queen of Britain is not absolute but constitutional. Her powers are limited by the Parliament. The Parliament is the supreme legislative authority in Britain. Queen’s power is hereditary and not elective.

In practice the Monarch has no actual power: they say the Monarch reigns but does not rule. The Prime Minister is the virtual ruler of the country. The Prime Minister is usually the leader of the party that obtains a majority of seats in the House of Commons. That party which has majority of seats in the House of Commons is called Government and the other is the Opposition. The leader of the party in the opposition occupies a salaried office of the Leader of the Opposition. The Government may hold office for five years.

All the affairs of the state are conducted in the name of the Queen, but really the Prime Minister is responsible for every measure submitted to Parliament.

The Queen summons, prorogues and dissolves Parliament. Normally she opens each session with a speech from the throne outlining the Government’s program. It is her duty to make appointment to all important state offices, including those of judges, officers in the armed forces, diplomats. She must, in theory at least, see all Cabinet documents. The Queen has the power to conclude treaties, to declare war and make peace.

The Queen has her own Privy Council. The Cabinet developed from this Council, which used to be body of advisers of English monarchs. As the system of Cabinet developed the Privy Council declined in importance. The Privy Council consists of members of the royal family, the archbishops, colonial governors and senior ministers. There are about 300 of them altogether. The committee of the Privy Council, the Judicial Committee, however, is the final court of appeal for the British – a Royal court.

Queen Elizabeth II came to the throne in 1952 after the death of her father, King George VI. The Queen’s heir is her son Charles, Prince of Wales. He was born in 1948, educated in Cambridge, served in the Royal Navy. Now he is involved in various aspects of public life, in particular industry and government.

The Royal family is the principal aristocratic house in Great Britain, closely connected with other members of the hereditary aristocracy and with big finance interests. The Queen is known to be among the wealthiest women in the world.

Ответьтенавопросы:

1. What kind ofmonarchy is Great Britain?

2. Is the Queen’s power hereditary or elective?

3. Who is the virtual ruler of the country?

4. What are the functions of the Queen of Great Britain?

TEXT 14.AGENTS OF THE LAW

The court system is dependent on the legal profession to make it work. Although individuals can institute cases and defend them normally lawyers do this job for them. The legal profession is the normal source of judicial personnel for any court system.

England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers. This division of the legal profession is due mainly to historical causes. Each branch has its own characteristic functions and a separate governing body.

The division has a number of significant impacts on the judicial system. It is the main reason for the separation between civil and criminal courts. It also has a significant impacts on judicial appointments.

The traditional picture of the English lawyer is that the solicitor is the general practitioner, confined mainly to the office. The solicitor is the legal adviser of the public. Members of the public are able to call at a solicitor’s office and seek his advice in a personal interview. The barrister is the specialist adviser much of whose time is taken up with court-room appearance. A barrister can only be consulted indirectly through a solicitor. Today however the lines of demarcation are blurred.

There is approximately one solicitor to every 1300 of the population, with considerable regional and local variations. There is a heavy concentration in commercial centres. The ratio for barristers is one per every 10000. Taking the legal profession as a whole, there is one practicing lawyer per 1200 people. This compares with one lawyer per 600 in the USA. But a lot of work in English solicitors’ offices is undertaken by managing clerks, now called “legal executives”, who are a third type of lawyers. Legal executives now have their own professional and examining body – “the Institute of Legal Executives”.

Judges are not a separate profession: they are barristers who have been elevated to the bench (возвышеныдоположениясудьи). The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace”(мировыесудьи). They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense” (чувствоздравогосмысла). They give up their time voluntarily.

Ответьтенавопросы:

1. What is the court system dependent upon?

2. What are the two kinds of lawyers in England?

3. Are solicitors mostly concentrated in towns?

4. What is a third type of lawyers?

TEXT 15. THE COURT SYSTEM

Court is а person or body of persons having judicial authority to hear and determine disputes in particular cases: civil, criminal or military. Court is also a large room in a building where trials and other legal cases happen.