Контрольное задание № 2 Вариант 2

I

№ 1. Переведите предложения, определите функции слова one:

1. One may say that the function of criminal law is punitive and corrective. 2. Each district court has from one to eighteen Federal district judges, the number depends on the amount of work within the territory. 3. In a legal sense an eye-witness is one who saw or heard the commis­sion of the crime. 4. The British Constitutional system is one which has developed over centuries for the protection of its social order. 5. A court law is one which administers justice according to the principles and the forms of common law. 6. The USA Supreme Court consists of one Chief Justice and such number of associate Justices as may be fixed by Congress.

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

1. The problem that we discussed lately is of great international significance. 2. That problem was discussed at the previous conference. 3. The regional courts hear and determine cases that are similar in character to those tried by district courts but which are of a more serious nature. 4. The bodies of government in the United Kingdom are: those of the legislature, those of the executive and those of the judiciary. 5. That is the man that told me about it. 6. We want to have friendly relations with all governments and with that of the U.S. as well.

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

1. He thought the trial would take place on Monday. 2. The work he did last week was very important. 3. The first thing he decided to do was let them know about that terrible crime. 4. He thought the hearing of the case had been postponed. 5. He was to bring me the book I asked for yesterday, but he didn't.

№ 4. Прочтите текст.

Torts

1. The concept of tort – a wrongful act among private individuals – exists in most modern systems of law. The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else’s goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes an individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortuous act.

2. There are other differences between torts and crimes. As for all civil actions, the standard of proof required is lower than in criminal prosecutions. And for many torts it is not necessary to show any particular mental element, so tort actions are often appropriate in the case of accidents.

3. Of course not every wrong committed in society is remediable in tort; the plaintiff has to show that he has suffered an action recognized as a tortuous one, and he must show that his relation to the tortfeaser (committer of the tort) gives him the legal capacity to sue. Nevertheless, the law of tort covers a wide area of wrongdoings.

4. The requirements of proof differ for each tort. Sometimes it is necessary to show a degree of carelessness, as in the tort of negligence. In others, a defendant may be liable even if he was not at fault, such as the strict liability tort where an animal you keep on your land manages to escape and cause damage. In some torts it is necessary for the plaintiff to show that he has suffered actual damage or injury, such as the tort of nuisance, whereas in others no harm need be shown.

5. Although some torts refer to specific kinds of wrongdoing, the tort of negligence is used in many different situations: when someone falls into a hole in the road, for example, or is given the wrong treatment by a hospital, or is injured by faulty machinery at work. The number of negligence actions is increasing all over the world, as is the amount of damages.

6. To win an action in negligence, a plaintiff must show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this. In English law a general principle has been developed that we owe a duty to people closely affected by our actions to avoid causing harm which we could reasonably have foreseen.

7. At one time cases were only actionable if personal injury or damage to property could be shown, but it is now possible to claim for financial loss connected to this. Indeed, a person may sue for economic loss alone if this resulted from a negligent false statement, as in the case of a garage owner whose business failed to make profits because the previous owner had not told him a new road being built would divert cars away from the garage. Damages are now awarded for the mental distress caused by an accident, as well as the physical suffering. And it may even be possible for a third party to sue after suffering nervous shock as the result of witnessing an accident.

№ 5. Выпишите из текста английские эквиваленты следующих слов и выражений: гражданское правонарушение; противоправное деяние; возбудить гражданское дело; истец; ответчик; делинквент; спор; подлежать преследованию; предъявлять иск; возмещение ущерба; обязанность соблюдать осторожность; извлекать пользу; противоправное деяние, подлежащее рассмотрению в гражданском суде; жертва; доказательство.

№ 6. Переведите письменно 1, 2 абзацы.

II

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

1. Please let me (to know) your decision as soon as possible.

2. It's better (to be) sure than sorry.

3. He heard a cock (to crow) in a neighbouring village.

4. We know all bodies (to consist) of atoms.

5. He was made (to sign) a paper admitting his guilt.

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

1. She saw two men start towards her from opposite sides.

2. The minister was reported to have made a speech at Cairo airport.

3. Judges in the lower courts are known to follow the decisions of judges in the higher courts.

4. The inspector ordered the prisoner to be questioned.

5. He never wants anyone to carry anything.

№ 9. Прочитайте текст и устно переведите его на русский язык. Письменно переведи­те 5-й абзац текста.

1. The guilt or innocence of persons charged with an offense against the criminal law is a matter to be decided in a court of justice. There are two methods of trying persons accused of criminal offences. One is by judge and jury in the Crown Court after committal for trial on an indictment; the other is summarily by a magistrates' court without a jury. With very few exceptions, all criminal proceedings in the Crown Court begin in a magistrates' court since an accused in the Crown Court must normally have been committed for trial there by a magistrates' court.

1. A magistrates' court is normally composed of two or more justices of the peace, but the number must not exceed seven. Some statutes permit particular offences to be tried by a single justice but such instances are rare. The normal sittings of a magistrates' court take place in a properly appointed courthouse on appointed days of the week.

2. In England and Wales the initial decision to begin criminal proceedings normally lies with the police. Once the police have brought a criminal charge, the papers are passed to the Crown Prosecution Service which decides whether the case should be accepted for prosecution in the courts or whether the proceedings should be discontinued. In Scotland public prosecutors (procurators fiscal) decide whether or not to bring proceedings. In Northern Ireland there is a Director of Public Prosecutions. In England and Wales (and exceptionally in Scotland) a private person may institute criminal proceedings. Police may issue cautions, nd in Scotland the procurator fiscal may warn, instead of prosecuting.

3. In April 1988 the Serious Fraud Office, a government department was established to investigate and prosecute the most serious and complex cases of fraud in England, Wales and Northern Ireland.

4. The Crown Prosecution Service was established in England and Wales by the Prosecution of Offenses Act 1985. The Director of Public Prosecutions is the head of the Service, which is responsible for the prosecution of criminal offences in magistrates' courts and the Crown Court. The Service is divided into 31 areas with a locally based Chief Crown Prosecutor, heading each. He is appointed by the Director of Public Prosecutions. The Service provides lawyers to prosecute cases in the magistrates' courts and briefs barristers to appear in the Crown Court. Although the decision to prosecute is generally delegated to the Chief Crown Prosecutors, some cases are dealt with by the head-quarters of the Service; these include cases of national importance, exceptional difficulty or great public concern and those, which require that suggestions of local influence be avoided. Such cases might include terror­ist offenses, breaches of the Official Secrets Act, large- scale conspiracies to import drugs and the prosecution of police officers.

6. Discharging his duties through the Crown Office, the Lord Advocate is responsible for prosecutions in the High Court of Justiciary, sheriff courts and district courts in Scotland. There is no general right of private prosecution; with a few minor exceptions crimes and offenses may be prosecuted only by the Lord Advocate or his deputies or by the procurators fiscal, who are the Lord Advocate's local officials. The permanent adviser to the Lord Advocate on prosecution matters is the Crown Agent, who is head of the procurator fiscal service and is assisted in the Crown Office by a staff of legally qualified civil servants, all of whom have had experience as deputy procurators fiscal, prosecutions in the High Court are prepared by procurators fiscal and Crown Office officials and prosecuted by the Lord Advocate, Solicitor-General for Scotland (the Lord Advocate's ministerial deputy) and advocate deputies who are collectively known as Crown Counsel. Crimes prepared and tried before the sheriff and district courts, procurators fiscal prosecute them. The police and other law enforcement agencies investigate crimes and offenses and report to the procurator fiscal, who decides whether or not to prosecute subject to the directions of Crown Counsel.

№ 10. Выпишите из текста английские эквиваленты следующих слов и выражений: вина, невиновность, предъявлять обвинение, уголовное преступление, рассматривать в суде, обвиняемый, обвинительный акт, уголовное судебное разбирательство, обвинение (сторона уголовного процесса), нарушение закона, расследовать, гражданский служащий.

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

1. There is a great number of methods of trying persons accused of criminal offences.

2. Mostly all criminal proceedings in the Crown Court begin in a magistrates' court since an accused in the Crown Court must normally have been committed for trial there by a magistrates' court.

3. The normal sittings of a magistrates' court take place in a properly appointed court-use on appointed days of the week.

4. In England and Wales the initial decision to begin criminal proceedings normally lies with the court of justice.

5. There is a general right in Scotland of private prosecution; crimes and offenses may prosecuted in any court of justice.

6. In England, Wales and Scotland a private person may institute criminal proceedings.

№ 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...