Discussion

1. Give extended commentaries on the following statements using necessary legal terms:

1. There is no universally accepted definition of a crime.

2. Criminal law is one of two main branches of law.

3. In the modern world there are certain acts that are almost universally regarded as crimes.

4. New laws or new interpretations of existing laws may make activities criminal that were once legal or, on the other hand, they may legalize acts that were once criminal.

5. There are some acts which are crimes in one country but not in another.

6. War is not a crime.

7. The principle of legality is the keystone of criminal law.

8. Legal systems traditionally do not allow double jeopardy.

9. All systems of law have statutes of limitation.

10. Most countries refuse to extradite their citizens to the jurisdiction of other countries.

11. It is generally agreed that the essential elements of a crime are voluntary action or failure to act and a certain state of mind.

12. Ignorance of the law is no excuse.

13. Persons suffering from mental defects are not responsible for their actions.

14. The law recognizes that the use of even deadly force may be justified under some circumstances.

2. Consult the Criminal Code of the Republic of Belarus and find out whether the following legal practices are used in our country (fully, partially, not used). Ground your statements:

• actus reus and mens rea;

• defense of duress;

• defense of insanity;

• self-defense;

• mitigation;

• defense of crime of passion.

3. What — in detail — would happen to you in our country if you were caught:

a) speeding in your car;

b) in possession of soft drugs;

c) with a gun in your pocket;

d) breaking into house;

e) withholding information from the court being a witness;

f) using forged money to pay your purchase in the shop;

g) blackmailing your boss?

UNIT 7

TORTS

LIST OF WORDS

tort	punitive/exemplary damages
negligence	actual/compensatory damages
trespass	defenses to negligence
vicarious liability	contributory negligence
nuisance	comparative negligence
tortfeasor	nominal damages
defamation	governmental immunity
statutory	conversion
strict liability	litigation
false imprisonment	litigants
duty of care	intentional torts
actionable	hazardous activity
assumption of risk	product liability
disparagement of reputation	legal remedy

Ex. 1. Complete the missing forms

Noun	Verb	Adjective
definition	—	—
—	act	—
permission	—	—
—	—	violent
—	compensate	—
authority	—	—
—	—	false
defamation	—	—
—	insure	—
—	—	statutory
treatment	—	—
—	deter	—
—	—	liable

Ex. 2. The following words from the box can be used with the prefix mis-, which has a negative meaning. Find out their meaning and supply the sentences with required words.

application, behave, deeds, interpretation, judgement, treat, use, trust, conduct

1. This new computer system is completely unnecessary and a ______ of taxpayers’ money.

2. There is a huge temptation to ______ on the financial markets when there is money to be made.

3. Two directors have resigned following accusations of ______ of the company’s financial affairs.

4. Since her release from prison she’s been making up for her past ______ by doing a lot of voluntary work.

5. Her ______ of the public’s concern about environmental issue lost her the election.

6. The inquiry has found evidence of serious mismanagement and ______ of funds over the past five years.

7. Although the dispute ended two years ago there is still considerable ______ between the management and the workforce.

8. The Jury’s decision to convict the defendant was based on a ______ of the evidence.

9. I think people who ______ their pets should be banned from keeping them.

Ex. 3. Match the words with their definitions.

conversion, battery, trespasser, prevent, accident, authorize, liability, tortfeasor, defamation, infringement

1. A person who makes a wrongful act, injury or damage for which a civil action can be brought.

2. Something which happens unexpectedly and unintentionally, esp. causing damage or injury.

3. To give official permission for something to happen, or to give someone official permission to do something.

4. Taking and using another’s property unlawfully.

5. Damage to a person’s or group’s reputation by saying or writing bad things about them which are not true.

6. Violation of patent, copyright or trademark rights.

7. To stop something happening or someone doing something.

8. A person who enters another’s property unlawfully.

9. Responsibility for something or somebody.

10. Touching somebody in harmful or offensive way.

Ex. 4. In each of the following sets of four, one word or expression is the odd one out — it does not fit with the others. Consult a dictionary if necessary.

e.g. lawyer — judge — criminal — policeman, ‘criminal’ does not fit

1. divorce — married — separated — alone

2. judge — counsel — barrister — solicitor

3. robbery — arson — shoplifting — burglary

4. indict — accuse — charge — convict

5. responsibility — duty — right — obligation

6. murder — blackmail — manslaughter — homicide

7. hereafter — hereinafter — hereunder — herewith

8. collateral — plea — surety — guarantor

9. condemnation — clemency — pardon — mercy

10. guillotine — electric chair — gas chamber — execution

11. dispense — distribute — disburse — discredit

12. ransom — abduct — take hostage — kidnap

13. accidentally — deliberately — knowingly — willfully

14. verdict — ruling — appeal — decision

15. intellectual property — royalty — patent — copyright

16. joint venture — partnership — contract — merger

17. accused — witness — defendant — prisoner

18. admit — permit — allow — deny

19. award — mete out — prescribe — imprison

20. harm — wrong — damages — injury

21. statement — libel — slander — disparagement

22. breach — cancellation — violation — infringement

Ex.5. Insert the correct prepositions in the extract below

“The king can do no wrong” was the binding adage ¹⁾ ___ the English legal system ²⁾ ___ the simple reason that the courts were set up ³⁾ ___ and belonged ⁴⁾ ___ the monarch. The judges only had power because he granted it ⁵⁾ ___ them, and they certainly were not ⁶⁾ ___ to “bite the hand that fed them”. ⁷⁾ ___ the Declaration of Independence on July 4, 1776, this freedom ⁸⁾ ___ responsibility changed slightly, but it was retained ⁹⁾ ___ what we know today ¹⁰⁾ ___ “governmental immunity”. This protection ¹¹⁾ ___ the consequences ¹²⁾ ___ tortious governmental acts has been weakened ¹³⁾ ___ recent years, but it still remains ¹⁴⁾ ___ a shield that most governmental bodies can hide ¹⁵⁾ ___, even though their citizens generally cannot. Spouses, parents, and charities also enjoyed the biased favour ¹⁶⁾ ___ the courts ¹⁷⁾ ___ recently. Today, however, the federal government can be sued ¹⁸⁾ ___ its negligent conduct (but not ¹⁹⁾ ___ its intentional torts) or to hold it strictly liable. ²⁰⁾ ___ the state level, governmental immunity is still the rule.

Read the texts. Make notes of their main points. Be ready to discuss them. Do some practice after reading to check your knowledge.

TEXT 1