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- •Министерство Финансов Российской Федерации Всероссийская государственная налоговая академия Legal English - 1
- •Unit 2 What Law Is
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •The Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •For You to Know
- •Text d Sources of American law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Text b Characteristics of Constitutions
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •13 States convention written constitution
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •How Congress Makes Laws
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
Text d Sources of American law
American law, strongly influenced by its English background, has four main sources – common law, equity, constitutions and statutes.
England, the British Commonwealth, and the United States follow the common law. Whereas Civil Law attempts to state the whole law in a comprehensive code, the common law is found in the collected cases of the various courts of law. American common law began with the common law of England. It includes the English common law and all subsequent legal developments, including the principle of stare decisis.
Common law codes should not be confused with Civil Law codes. In the common law, a code is a collection of statutes passed by a legislature; a civil law code is intended as a full and comprehensive statement of the whole law.
Equity began as an independent legal system based on concepts of fair play. It covers injunctive relief, specific performance of contract, and certain contract revisions, as well as parts of family law. Many of the principles and maxims of equity have been merged into the common law. There is no jury trial in an equity case.
Constitutions and Statutes. In contrast to these two forms of judge-made law – common law and equity – are two varieties of "legislative" law—constitutions and statutes. Judge-made law is inductive; on the basis of a number of individual decisions a general rule is constructed. Legislative law is deductive; a general principle is stated by a constitutional convention or a legislature and then is given meaning as it is applied in deciding a series of individual controversies.
The special problems of constitutions as sources of law have already been noted. Constitutions tend to state very general principles and they are hard to amend, so they require or permit great latitude in interpretation. Statutes are typically more limited in their scope and language; they aim to solve particular problems or lay down rules covering defined situations. Nevertheless, statutes also require interpretation when they are applied.
During the past century, judge-made law proved increasingly unable to deal with the problems of an industrialized society. Legislatures responded to the challenge with an enormous output of regulatory and social-welfare legislation. Just as the common-law courts initially resisted the rise of equity, so judges in the United States initially resented statute law replacing the standards of the common law and they restricted the impact of the new legislation by narrow and hostile interpretation. But this was a tactic that could not long prevail. Today, statutes are by far the most substantial source of the law that American courts apply.
Vocabulary
comprehensive code n единый кодекс; всеобъемлющий кодекс
controversy n 1 спор; 2 правовой спор; судебный спор
latitude n свобода действий
lay down (rules) v установить (правила)
output n выпуск
relief n 1 средство судебной защиты; 2 помощь; injunctive relief судебный
запрет, средство правовой защиты в виде судебного запрещения
resent v пересматривать
scope n охват
social welfare n социальное обеспечение
substantial adj 1 существенный; 2 реальный
Reading tasks
Answer these questions.
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What are four main sources of American law?
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How do American sources of law differ from the sources of English law?
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What is the difference between the Civil Law and the common law?
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What does American common law include?
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What does term “code” mean in the Civil Law system and in the common law system?
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What are the special problems of American constitution as a source of law?
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What are statutes?
How does the role of the judge in your system differ from his or her role in the American system?