Контрольное задание № 2 Вариант 1

I

№ 1. Переведите предложения, определите функции слова one:

1. Read one of these articles. 2. One must know Russian laws. 3. The new law radically differs from the old one. 4. One should begin investigating each case with the thought that everything will have to be proved. 5. This article is difficult, take another one. 6. There are many branches of law and labour law is one of them.

№ 2. Переведите предложения, укажите функцию слов that, those:

1. The simplest type of international tribunal is that which consists of a single member. 2. Judgments and sentences excluding those passed by the Supreme Court may be appealed against in a court of higher instance. 3. Each state (штат) has its own system of courts similar to that of the Federal courts. 4. The victory of our state in the Great Patriotic war was not only that of its army but also the victory of the whole people. 5. A just war is one that is fought against aggressors. 6. That law was adopted in 1969.

№ 3. Переведите предложения, обращая внимание на бессоюзное подчинение; определите тип бессоюзных придаточных:

1. We know he will come tomorrow. 2. The article we translated yesterday was very interesting. 3. We know just and lasting peace everybody needs will not come of itself, it must be gained by all progressive people. 4. You know there are no social groups interested in war. 5. Certain discretionary powers the monarch has are known as the Royal Prerogative.

№ 4. Прочтите текст.

Criminal Law

1. Crime is categorized as a part of public law – the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state.

2. In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, and for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as «common law crimes», are still described mostly in case law.

3. There are usually two important elements to a crime: (I) the criminal act itself; and (II) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (I) Actus Reus and (II) Mens Rea. If the prosecution fails to prove either actus or mens, the court must decide there was no crime and the case is over.

4. But even if actus and mens have been proved, a defendant may still avoid guilt if he can show he has a defense – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allows the defense of duress – being forced to commit a crime because of threats that you or someone else will be harmed if you don’t. Another defense is that of insanity. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof.

5. Nearly every system of law recognizes the defense of self-defense. In English law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was reasonable to protect himself in the circumstances.

6. Most criminal laws in the world refer to acts of violence or theft. Sometimes governments create new crimes by identifying a form of behavior and passing a new law to deal with it. In most industrialized countries existing theft laws were not adequate to deal with computer crimes where complex kinds of information are stolen, altered or used to deceive others, and, thus, new laws have been passed.

7. Technical change is one reason criminal law is one of the fastest growing areas of the law. Another reason is that the number of crimes committed in some countries seem to be increasing rapidly – although sometimes it is not clear whether people are breaking the law more, being caught more, or reporting other people’s crimes more. One more reason is that different societies – or perhaps it is different governments – continually review their ideas of what should and shouldn’t be considered crime. Homosexual acts and suicide were once crimes in all European countries, but have now mostly been decriminalized. On the other hand, discrimination against someone on the grounds of race or sex was not acknowledged as a crime until relatively recently, and is still not recognized in some countries.

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: преступление; совершить преступление; доказательство; невиновность; намерение совершить преступление; виновный в совершении преступления; доказать вину; обвинение (сторона в судебном процессе); подозреваемый; ответчик; смягчающее вину обстоятельство; физическое принуждение; невменяемость; насильственное деяние; нарушать закон.

№ 6. Переведите письменно 2, 3, 4 абзацы.

II

№ 7. Употребите инфинитив с частицей to или без нее. Переведите предложения на русский язык.

1. I felt the house (to shake) with the explosion.

2. The policeman let the suspect (to make) one phone call.,

3. It is up to you (to learn) the laws of your own country.

4. The kidnappers told the parents (not to inform) the police and the parents didn't dare (to disobey).

5. He was made (to do) this work independently.

№ 8. Переведите предложения на русский язык, обращая внимание на объектный и субъектный инфинитивные обороты.

1. They are supposed to know the principle of law on which the decision is based.

2. She is said to have once been a famous lawyer.

3. How can you expect anyone to think well of us when such things are written about us?

4. She appears to know everything about the English legal system.

5. After a ten-minute wait I watched the train pull out.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 2-й абзац текста.

1. Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactments; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to be reviewed by that Court.

2. Cases involving the federal Constitution, federal laws, or treaties may be brought to either the state courts or the federal courts. Ordinary civil suits not involving any of these elements can be brought only to the state courts, except in cases of diversity of citizenship between the parties, when the suit may be brought to a federal court. By act of Congress, however, suits involving federal questions or diversity of citizenship may be brought to the federal courts only when the controversy involves $10,000 or more, so that all such cases involving a smaller amount must be brought to the state courts exclusively. In accordance with a congressional enactment, a suit brought to a state court that could have been brought to a federal court may be removed to the federal court at the option of the defendant.

2. County courts of general original jurisdiction exercise both law and equity jurisdictions in most of the states; a few states maintain the system of separate courts of law and equity inherited from the English judicial system. Most states also maintain separate criminal and civil courts of original jurisdiction. In some states, the same courts of original jurisdiction deal with both civil and criminal cases; these courts usually have two levels, one handling misdemeanors and civil claims under $5000, the other handling felonies and civil claims over $5000.

2. Between the lower courts and the supreme appellate courts, in a number of states, are intermediate appellate courts which, like the federal courts of appeals, provide speedier justice for litigants by disposing of a large number of cases that otherwise would be added to the overcrowded calendars of the higher courts.

3. Courts of last resort, the highest appellate tribunals of the states in criminal and civil cases and in law and equity, are generally called supreme courts. In New York state, however, the Supreme Court is a trial court, the highest appellate court of New York, as well as of Maryland, is called the Court of Appeals.

6. The state court systems also include a number of minor courts with limited jurisdiction. These courts dispose of minor offenses and relatively small civil actions. Included in this classification are police and municipal courts in cities and larger towns and the courts presided over by justices of the peace in rural areas.

7. The Supreme Court, free to draft its own agenda through the discretionary control of its docket, harmonizes conflicting interpretations of national law and articulates constitutional rights. The Supreme Court is helped at this crucial stage by the solicitor general, who represents the executive branch of government before the High Court. His influence with the justices affects their choice of cases to review.

№ 10. Выпишите из текста английские эквиваленты следующих слов и выражений: действовать в соответствии с конституцией, предусмотренный законом, законодательный акт, гражданский иск, сторона (по делу), ответчик, уголовное (гражданское) дело, проступок, тяжкое преступление, иск, сторона в гражданском процессе, гражданский процесс.

№ 11. Прочитайте предложения. Переведите на русский язык предложения, содержание которых соответствует тексту.

1. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts.

2. In cases involving the federal Constitution or federal laws or treaties, the state courts usually make their own decisions and no other courts have the right to review these decisions.

3. Intermediate appellate courts provide speedier justice for litigants by disposing of a large number of cases that otherwise would be delayed by the higher courts.

4. The state court systems also include a number of minor courts, which are free to resolve a great number of cases.

5. The Supreme Court harmonizes conflicting interpretations of national law and articulates constitutional rights.

6. The solicitor general's influence with the justice affects the choice of cases to review.

№ 12. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танного текста. Вы можете использовать некоторые из следующих выражений: 1) The text deals with ... 2) It is devoted to ... 3)The main purpose of the text is ... 4)The abstract is concerned with ... (bears on ...; gives explanation of...; is intended to demonstrate that...; is designed to pro­vide some information about...) 5) The subject of the paper under review ... 6) It is pointed out that... 7) The author touches upon the problem of... 8) It is shown that ... 9) It should be noted that ... 10) ... are described (given). 11) Special attention is given (paid) to ... 12) The importance of... is stressed. 13) The author comes to a conclusion ... 14) There is no doubt that...