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IV writing

a) Describe the process of making new law in your country. What are the strengths and the weaknesses of the process?

b) Explain to a student from a different jurisdiction how cases are used and recorded in your legal system.

V over to you

Read the report e from the BBC webpage and comment on similar cases that you have probably read about.

Extra 'ingredient' in Cornish pie

A Cornish pasty maker has apologised to a customer who bit off more than he could chew.

Simon Enticknap, from Basingstoke, Hampshire, was enjoying a Ginsters chicken and mushroom slice before work when he crunched into a snail.

The 21-year-old took photographs of the pasty and offending mollusc before calling Ginsters to complain.

Ginsters has apologised for the "extra ingredient", which it believes came in a delivery of fresh mushrooms.

Mr Enticknap bought the pasty from a petrol station shop near Ringwood on his way to work last month.

"It was about seven o'clock and I hadn't had any breakfast," he told BBC News.

"I'd eaten about half of it when there was a nasty crunch at my back teeth.

"I spat it out and when I realised what it was, I was physically sick out the van, although my mate thought it was hilarious."

Compensation offered

A Ginsters spokesman said the company had apologised in writing and a member of staff had been sent to Basingstoke to collect the offending product.

"It appears that the object came in with a delivery of fresh mushrooms and had not been removed by our rigorous washing process, which is an extremely rare occurrence," the spokesman said.

"We have sent a further letter of apology to Mr Enticknap along with £25 for the inconvenience caused, and we thanked Mr Enticknap for taking the trouble to bring the matter to our attention."

However, air conditioning fitter Mr Enticknap said he was not fully persuaded by Ginsters explanation.

"This was a whole snail and even if it escaped the washing process, I don't understand how it got through the slicing and chopping," he said.

"I'm not at all thrilled and certainly won't be buying a chicken and mushroom slice again."

Unit 4 Studying Law

Section 1 Training Lawyers in Ukraine

I. Warming - up

1. Answer the following questions:

1. Why is it important for a lawyer to be highly educated?

2. Why are the lawyers needed in the human society?

3. Do you agree that education of a good legal specialist must never stop? Why?

2. Match the following English words and expressions with their Ukrainian equivalents:

qualification requirements

legal educational institution

certificate of a specialist

scientific research

educational-proficiency level

scientific degree

field of science

appropriate level

юридичний навчальний заклад

наукові дослідження

диплом спеціаліста

освітньо-професійний рівень

відповідний рівень

галузь науки

науковий ступінь

кваліфікаційні вимоги

Read the text to understand what information on legal education in Ukraine is of primary importance or new for you.

TEXT 1

LEGAL EDUCATION IN UKRAINE

Notes:

Postgraduate education (Candidate's or Doctor's Degree) – освіта, спрямована на отримання наукового ступіня кандидата або доктора наук.

The Law of Ukraine “On Education” – закон України „Про освіту” (№ 1060 – XII).

The Law of Ukraine “On Higher Education” – закон України „Про вищу освіту” (№ 2984 – III).

A professional licence – дозвіл на здійснення професійної діяльності.

Requirements to the contents, scope and level of the educational and professional training in Ukraine are determined by the Law of Ukraine “On Education” of 1991. The Law establishes a four level system of higher education and defines qualification requirements for junior specialists and bachelor degree holders (basic higher education), specialists and master degree holders (complete higher education). The system of education also includes postgraduate education (Candidate's or Doctor's Degree).

As the legal profession becomes very prestigious and much in demand, a large network of legal educational institutions and faculties has been established in Ukraine recently. The higher educational establishments (HEE) that train lawyers in Ukraine include: technicums, colleges, institutes, academies, universities and other establishments. HEE have four degrees of accreditation based on their status:

– the first degree – technicum or other HEE of the equal status; – the second degree – college or other HEE of the equal status; – the third and the fourth degrees (depending on the results of accreditation) – institute, academy, university and other HEE equal to them.

Legal education in Ukraine is centred in the state and private colleges and universities. The four year education gives a bachelor’s degree; graduates after five year studies receive a certificate of a specialist. Everybody has a possibility to continue his/her education and scientific research at the master’s and postgraduate courses.

Higher education graduates are awarded qualifications of the appropriate educational-proficiency levels and they are granted diplomas of the state format. The Diploma is a state-recognized document which serves as both an educational certificate and a professional licence. It confirms the attainment of the appropriate higher educational level and a certain professional qualification in some speciality. The Law of Ukraine “On Higher Education” (2002) establishes the following types of documents that confirm higher education qualifications:

Dyplom Molodshoho Spetsialista (Diploma/ qualification of Junior Specialist),

Dyplom Bakalavra (Diploma/ qualification of Bachelor),

Dyplom Spetsialista (Diploma/ qualification of Specialist),

Dyplom Mahistra (Diploma/ qualification of Master).

At the postgraduate level Ukraine has a two-degree system. The first qualification is the Candidate of Sciences (a scientific degree of Kandidat Nauk). It normally requires at least three years of postgraduate study (aspirantura) after the award of the Specialist or the Master diploma. For this qualification a thesis (dissertation) must be submitted and defended. The second qualification is the Doctor of Sciences (a scientific degree of Doktor Nauk), the highest scientific degree in Ukraine. This qualification requires some period of studies (doktorantura) following the award of Kandidat Nauk degree. The dissertation for this degree must make an original contribution to a certain field of science.

A public defence of the dissertation is held in the form of a public presentation and scientific debates.

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