- •Basics of law. Основы права
- •I. Law: a necessary evil?
- •II. What is law? Descriptive and prescriptive
- •Social morality, rules and laws
- •The nature of law
- •Law and Morality
- •Law and Justice
- •Conclusion
- •Freedom of choice?
- •Discussion
- •Sources of modern law
- •Judicial precedent
- •Sources of modern law
- •Common law systems
- •Continental systems
- •Legal system of the Republic of Belarus
- •Discussion
- •Civil and public law
- •Civil and public law Main categories
- •Differences in procedure
- •Points of contact
- •Criminal law
- •Civil law
- •Discussion
- •Judicial institutions
- •Judicial institutions
- •English courts
- •Appeals
- •Lower courts
- •Restrictions
- •The jury
- •Jury service — an important job and a rewarding experience
- •How you were chosen
- •Selection of the trial jury
- •Judicial decisions as authorities
- •Discussion
- •Lawyers at work
- •Lawyers at work Professional titles
- •Legalese
- •Functions of solicitors
- •Functions of barristers
- •Functions of judges
- •Functions of magistrates
- •Functions of coroners
- •The face of the judiciary
- •Judicial education in the usa
- •Other systems
- •Alternative dispute resolution
- •Discussion
- •Criminal law
- •Criminal law The nature of criminal law
- •What is a crime?
- •Criminal Conduct
- •Ingredients of a Crime
- •Elements of proof
- •Actus reus and mens rea
- •Defenses
- •Private wrongs
- •Felony and misdemeanor
- •Crimes against the state
- •People and property
- •Victimless crimes
- •White-collar crime
- •Organized crime
- •Computer crime
- •Discussion
- •What is a tort?
- •Tort law’s relationship to criminal and contract law
- •Legal remedies to correct tortious conduct
- •Violations of duty and legal liability
- •Requirements of proof
- •Discussion
- •Enforcing the law
- •Enforcing the law
- •Role of police force
- •Civil and criminal penalties
- •Capital punishment (cp)
- •Law of Criminal Procedure
- •Discussion
Basics of law. Основы права
УЧРЕЖДЕНИЕ ОБРАЗОВАНИЯ
«Белорусский государственный экономический университет»
Л.В. Бедрицкая, Л.И. Василевская, Г.Г. Карлова,
Е.П. Колбаско, Г.И. Сидоренко
BASICS OF LAW
ОСНОВЫ ПРАВА
МИНСК
2009
CONTENTS
Part I
UNIT 1. What is law?
UNIT 2. Sources of modern law
UNIT 3. Civil and public law
UNIT 4. Judicial institutions
UNIT 5. Lawyers at work
UNIT 6. Criminal law
UNIT 7. Torts
UNIT 8. Enforcing the law
UNIT 1
WHAT IS LAW?
LIST OF WORDS
law |
to implement common sense / justice |
dispute (n, v) |
to create a just society |
to settle |
to challenge a decision |
lawyer |
to declare a verdict |
legal |
to negotiate terms |
legal action |
to seek legal means of settlement |
legal system |
to evade/avoid justice / taxes |
legislation |
to enforce a law |
legislature |
deliberation |
judiciary |
to retain power |
lawful |
prosecution |
obligation |
authority |
court |
to face prosecution |
valid |
tribunal |
descriptive |
executive |
consistent |
penalty |
prescriptive |
to obey the law |
to impose a fine |
to sentence |
to break a law |
finding (n) |
punishment |
a criminal case |
to commit a crime |
a civil case |
justice |
unanimous decision |
loss |
peer |
to inherit |
deliberation |
to cross examine |
|
Ex. 1. The following words can be used with the prefixes dis-, un-, in-, il-, im- to form their opposites. Write them down using the correct prefix.
formal, reasonably, lawful, legal, fair, valid, dependence, justice, agreement, consistent, written, make, important, ability
Ex. 2. Match the word from A with its best association from B. In some cases more than one variant are possible. Find their Russian equivalents and learn them. Use the phrases in your own sentences.
A |
B |
1. law |
a) laws of economics |
2. ways |
b) crimes |
3. legal |
c) the rules |
4. consistent |
d) of settling disputes |
5. break |
e) a decision |
6. accept |
f) courts |
7. commit |
g) power |
8. create |
h) any punishment |
9. implement |
i) traditions |
10. inherit |
j) common sense |
11. challenge |
k) means |
12. retain |
l) a just society |
|
m) justice |
Ex. 3. Find an odd word in each group and explain your choice:
1. nobble — cheat — bribe — kidnap
2. lawful — jurisprudence — legitimate — legal
3. corruption — bribery — graft — prize
4. defiance — challenge — disobedience — assault
5. bidding — deal — order — command
6. verdict — decision — judgement — law
7. guarantee — fasten — secure — transfer
Ex. 4. Mind the difference between the words LAWFUL and LEGAL.
LAWFUL — acting within the law; keeping the law; permitted by law; legitimate (adj)
LEGAL — pertaining to law; required by law
Divide the words which can be used with LAWFUL and LEGAL into two columns and use them in sentences of your own. Translate the word combinations into Russian:
1. practice, 2. person, 3. profession, 4. costs, 5. money, 6. trade, 7. decision, 8. advice, 9. authority, 10. obligation, 11. acts, 12. age, 13. ethics, 14. owner, 15. history, 16. wife, 17. procedure, 18. department.
LAWFUL |
LEGAL |
|
|
Ex.5. Some words form ‘partnerships’. For example, we talk about income tax not revenue tax. Both forms are grammatically correct, but only the first is normally used. Match the verbs on the left with the nouns on the right to make as many partnerships as you can. Remember that some verbs will go with more than one noun. Translate the phrases into Russian and learn them.
Verbs |
Nouns |
1. break |
a) a case |
2. commit |
b) a market |
3. cross examine |
c) a fee |
4. charge |
d) an interest |
5. declare |
e) a law |
6. enter |
f) a crime |
7. evade |
g) a verdict |
8. hear |
h) terms |
9. negotiate |
i) a witness |
10. return |
j) taxes |
Complete the sentences using the partnerships you have formed. You may have to make some changes to fit the grammar of the sentences.
1. You must know that you are ______ when you park on the pavement.
2. The merger will only go ahead if the two companies can ______ they are both happy with.
3. After two hours deliberation the jury ______ of not guilty.
4. We are going to ______ with a revolutionary new product next month.
5. A good accountant can save you money by finding ways to ______.
6. We have ______ for the prosecution, which depends on an unreliable identification.
7. When she was ______ he contradicted his earlier testimony.
8. I am innocent; I did not ______ you accuse me of.
9. During the recent debate on this matter Mr Alien failed to ______: he is a director of the company bidding for the contract.
10. Most solicitors do not ______ for the first consultation.
Ex.6. Match the words with their definitions and learn them:
law, morality, court, penalty, agreement, crime, just, property, to cross examine, valid, citizen, justice |
1. A person who is a member of a particular country and who has rights because of being born there or because of being given rights.
2. A personal or social set of standards for good or bad behaviour and character, or the quality of being right, honest or acceptable.
3. Based on truth or reason; able to be accepted; having legal force.
4. A building where trials and other legal cases happen, or the people present in such a room, esp. the officials and those deciding whether someone is guilty.
5. Something or a number of things owned by someone, esp. buildings and land.
6. A rule, usually made by a government, that is used to order the way in which a society behaves, or the whole system of such rules.
7. The putting of the law into action; or a judge.
8. A punishment for doing something that is against a law; or a type of punishment, often involving paying money, that is given to you if you break an agreement or do not follow rules.
9. A decision or arrangement, often formal and written, between two or more groups of people.
10. Fair, morally correct.
11. An action which is against the law, or, more generally, bad or unacceptable behaviour.
12. To examine a witness by a party other than the one who called him to testify.
Ex.7. Match the legal terms with their definitions. Learn them.
authority, court, govern, judge, law enforcement agency, legal action, legal system, legislation, rule, the judiciary, tribunal |
1. A body appointed to make a judgement or inquiry.
2. A country’s body of judges.
3. An act or acts passed by a law-making body.
4. Behaviour recognized by a community as binding or enforceable by authority.
5. Legal proceedings.
6. An official body that has authority to try criminals, resolve disputes, make other legal decisions.
7. An organization responsible for enforcing the law, especially the police.
8. A senior official in a court of law.
9. The body or system of rules recognized by a community that are enforceable by established process.
10. The control resulting from following a community’s system of rules;
11. Members of the legal profession.
12. To rule a society and control the behaviour of its members.
Check your knowledge of the above legal terms by completing the following text with them. Make some necessary changes, but use each term once.
Why do we have laws and 1) ______? At one level, law can be seen as a type of 2) ______ which is meant to 3) ______ behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs.
Law, the body of official rules and regulations, generally found in constitutions and 4) ______, is used to govern a society and to control the behaviour of its members. In modern societies, a body with 5) ______, such as a 6) ______ or the legislature, makes the law, and a 7) ______, such as the police, makes sure it is observed.
In addition to enforcement, a body of expert 8) ______ is needed to apply the law. This is the role of 9) ______, the body of 10) ______ in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or 11) ______. One thing, however, seems to be true all over the world — starting a 12) ______ is both expensive and time consuming.
Ex. 8. Insert prepositions where necessary:
1. He was elected ______ a unanimous vote.
2. The old man was determined to secure his property ______ his daughter.
3. The jury gave a verdict ______ acquittal.
4. He was tried ______ his peers.
5. How can I secure myself ______ the consequences?
6. I set him and his threats ______ defiance.
7. ______ long deliberation the jury gave their verdict.
8. They finally got married ______ defiance of the public opinion.
9. It turned out that the paper was ______ legal force.
10. The judge rose from his chair ______ great deliberation and left the room.
Ex. 9. Fill in the missing words in the following passage from the list provided below. Translate the sentences into Russian.
independent, legislature, United States, conform, executive, judicial, three, different, prescriptive, executive, judiciary, administrative, legislature, descriptive, legislative, different, executive |
There are 1) ______ main functions of government. These are the 2) ______, the 3) ______ and the 4) ______. The theory of separation of powers states that these functions should be carried out by 5) ______ bodies. The British constitution does not 6) ______ to this theory. The same people are members of the 7) ______ and the 8) ______ and there are some 9) ______ functions which are carried out by the courts. The distinction is clearer in the constitution of the 10) ______ where the executive, legislative and judicial roles are performed by 11) ______ bodies. The theory is 12) ______ rather than 13) ______ of the liberal system of government, an essential feature of which is that the 14) ______ should be 15) ______ of the 16) ______ and the 17) ______.
Read the texts. Make notes of their main points. Be ready to discuss them.
TEXT 1