Rights of refugees

Geneva Convention Relating to the Status of Refugees:

«In this Convention, the term «refugee» shall mean a person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, mem­bership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that coun­try; or who, not having a nationality and being outside the country of his former habitual resi­dence as a result of such events, is unable, or owing to such fear, is unwilling to return to it.»

Exc.1 Translate into Russian following sentences:

1. Конвенция относи­тельно рабства: «Рабство есть состоя­ние или положение человека, над которым осуществляются атри­буты права собствен­ности или некоторые из них».

2. Торговля невольниками включает всякий акт захвата, приобре­тения или уступки че­ловека с целью прода­жи его в рабство.

3. «Преступления против человечности» определяются как «убийства, ис­требление, порабоще­ние, ссылка и другие жестокости, совершен­ные в отношении гра­жданского населения до или во время вой­ны, или преследования по политическим, расовым или религиоз­ным мотивам.»

4. «Расо­вая дискриминация» означает любое разли­чие, исключение, огра­ничение или предпоч­тение, основанное на признаках расы, цвета кожи, родового, нацио­нального или этниче­ского происхождения, имеющие целью или следствием уничтоже­ние или умаление при­знания.

5. Геноцид - действия, совер­шаемые с намерением уничтожить полностью или частично, какую-либо национальную, этническую, расовую или религиозную груп­пу как таковую.

6. «Пытка» означает любое действие, кото­рым какому-либо лицу умышленно причиняется сильная боль или страдание, физическое или нравственное, чтобы получить от него или от третьего лица сведения или призна­ния, наказать его за действие, которое со­вершило оно или третье лицо или в со­вершении которого оно подозревается.

Text 3

International criminal police organization or interpol

Intergovernmental body was established to promote mutual cooperation between police authorities around the world and to develop means of effectively preventing crime.

Founded in Vienna in 1923 and reconstituted in 1946, Interpol, is strictly nonpolitical and is forbidden to undertake any activities of a religious, racial, or military nature. The majority of countries (177 in 1997) belong to Interpol, and only government-approved police bodies may hold membership. The general assembly meets annually to decide policy and to elect the executive committee, consisting of a president, three vice presidents, and nine delegates, all of different nationalities. The general secretariat, based in Lyons, France, is the permanent administrative headquarters. It coordinates the international activities of member countries, holds a library of international criminal records, and organizes regular meetings at which delegates can exchange information on police work. Interpol is financed by contributions from member countries; its budget in 1997 was $28 million.

PART 9

Tax law

In general, tax law is concerned only with the legal aspects of taxation, not with its financial, economic, or other aspects. Tax law is body of rules under which a public authority a claim on taxpayers, requiring them to transfer to the authority part of their income or property. The power impose taxes is generally recognized as a right of governments. The tax law of a nation is usually unique tо it, although there are similarities and common elements in the laws of various countries.

The development of tax law as a comprehensive, gen­eral system is a recent phenomenon.The making of decisions as to the merits of various kinds of taxes, the general level of taxation, and the rates of specific taxes, for example, does not fall into the domain of tax law; it is a political, not a legal, process. Tax law falls within the domain of public law — i.e., the rules that determine and limit the activities and re-iprocal interests of the political community and the members composing it — as distinguished from relationshilps between individuals (the sphere of private law). International tax law is concerned with the problems aris­ing when an individual or corporation is taxed in several countries. Tax law can also be divided into material tax law, which is the analysis of the legal provisions giving rise to the charging of a tax; and formal tax law, which concerns the rules laid down in the law as to assessment, enforcement, procedure, coercive measures,administrative and judicial appeal, and other such matters.

Exc.1 Explain the difference between the following nouns:

«evidence» and «testimony» «wages» and «salaries»

Exc.2 Cliches, set expressions and phrases:

• As far as we are concerned, …

• From my point of view, the best thing is that…

• I`d much prefer the question…

• I`d rather prefer to mention …

• I`d like to know if you`ve ever thought about the...

• I`d much prefer to draw your attention to …

Exc.3 Read and memorize the active vocabulary:

EVIDENCE - подтверждение, улика; свидетельское

показание

evidenced, a - засвидетельствованный показаниями

evidence-in-answer - мотивированный ответ на протест

evidence-in-chief - свидетельские показания, полученные

при главном допросе

evident, a - неопровержимый

evidential, a - доказательный

evidentiary, a - доказательственный

INVESTIGATE - расследовать investigation, n – расследование

investigating, a - следственный investigator, n - следователь

JUDGE- судья

judge, n, v - судья, судить

judgement, n - судебное решение

judicial, a - судебный

judicially, adv. - в судебном порядке

judiciary, n - суд, судебная система

judicature, n - отправление правосудия

just, a - справедливый

justice, n - справедливость

justifiable, a - допустимый, позволительный

justification, n - оправдание, правомерность

justified, a - оправданный

justify, v - оправдывать

jurisdiction, n - отправление правосудия, юрисдикция

jurisprudence, n - правоведение, юриспруденция

juristic, a, n - юридический, юрист (ученый)

juror, n - присяжный заседатель

jury, n - состав присяжных заседателей

Exc.4 Translate the following into English:

1. Письмо было найдено на третий день после похищения ученого и на второй день после его убийства. В нем содержались неопровержимые улики участия в преступлении хорошо известных всем людей. Весть о расследовании преступления попала на первую полосу самых разных газет. Один из подозреваемых совершил самоубийство.

2. Узнав, что его дело будет вести судья Н., подсудимый понял, что ему грозит самый суровый приговор, который вряд ли удастся смягчить.

3. Она была счастлива, когда поступила в юридическую школу. Она мечтала изучать уголовное право, чтобы стать первоклассным адвокатом. Но карьера ее рухнула не начавшись.

4. Против обвиняемого было множество улик, представленных обвинением. Однако он по-прежнему отказывался признать себя виновным. Остановка в зале суда накалялась с каждым днем.

5. Его судили по обвинению в краже из магазина и приговорили к трем годам тюрьмы. Однако после рассмотрения апелляции суд смягчил приговор на тюремное заключение в течение года.

6. Присутствовавшие на суде были возмущены вынесенным вердиктом суда присяжных о невиновности обвиняемого. Однако суд оправдал его, и он был отпущен на свободу прямо в зале суда.

PART 10

Text 1

Procedural law

Procedural law is commonly contrasted with substantive law, which constitutes the great body of law and defines and regulates legal rights and duties.Procedural law, also called adjective law, is the law governing the machinery of the courts and the methods by which both the state and the individual (the latter including societies, whether incorporated or not) enforce their rights in the several courts. It prescribes the means of enforcing rights or providing redress of wrongs and comprises rules relative to jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, conveyancing and registration, and other matters.

Exc.1 Read and memorize the active vocabulary:

Language notes

Formal language used in courts of law

... 'you are accused of... (give place, date and accusation). Do you plead guilty or not guilty?'

Before giving evidence witnesses swear: 'To tell the truth, the whole truth and nothing but the truth', Counsels for the defence or prosecution may be asked if they wish to cross-examine each other's witness.

If found guilty, the accused may be asked: 'Have you anything to say in your defence?'

Then the magistrate delivers 'the sentence'.

He 'sentences' the accused to pay a fine or to serve a period of time in prison - a 'prison sentence'.

for eliciting evidence

Can you tell us exactly what happened on ...?

I want you to think carefully and say what you saw on ...

Will you explain what led you to believe that... ?

Could you give us the facts of what you observed, please, when ...?

for casting doubt on evidence

Are you absolutely sure that...?

Can you say without any hesitation that...?

I suggest

put it to you that you may have been mistaken when ...

It is possible that you may have imagined that...

summing up evidence

Let us look at the facts of the case ...

It has been shown

proved that...

You have heard how ...

Evidence has been brought showing that...

persuading the court

I have no doubt that you will agree with me that...

The witnesses for the prosecution have proved conclusively that...

We must make an example of ...

A verdict of guilty will act as deterrent to ...

Although it has been shown that...

You have heard that the accused is of good character

there are extenuating circumstances

his act can be explained by ...

Before condemning the accused, you should consider the effect on his career.

studies of...

future.

giving instructions to court

If you consider that..., then you must come to a verdict of ...

If, on the other hand it is your opinion

you are convinced that...

then it is you duty to ...

Text 2

PROFESSIONAL TITLES

Although many kinds of people working in or studying legal affairs are called lawyers, the word really describes a person who has the right to act in certain legal matters. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs.

In Japan, alawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge.

In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to he heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barristers. Sollicitors do much of the preparation for cases which they then hand to barristers, as well as doing legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have a right of audience

in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client's case.

In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia.

Exc.1 Compare professional titles in Great Britain, America and Russia.

THE LEGAL PROFESSION IN GREAT BRITAIN

The legal profession in England is divided into two main groups, barris­ters and solicitors. A popular definition of the distinction between solicitors and barristers is that barristers do the court work and solicitors do the office work. In practice, the major volume of court work is done by solicitors and barristers do much "office" work. At present no solicitor, however experi­enced, may represent a client at a full hearing in any of the higher courts. On the other hand, a barrister, however inexperienced, may represent clients in the House of Lords.

Being a solicitor does not simply involve acquiring a knowledge of the theory and practice of the law. It also requires high standards of conduct and an onerous obligation to the courts. The full title of a solicitor is "Solicitor of the Supreme Court". All solicitors are automatically officers of the court. They have duties to the court which sometimes override the duties to their clients. For instance, solicitors must not knowingly allow their client to tell lies in the witness box. If a client confesses their guilt to a solicitor, the so­licitor would be committing an offence if he or she then called the client to give evidence that they were innocent.

Many barristers, especially junior barristers, spend much of their time on paperwork, giving opinions, drafting pleadings and other documents related to court proceedings, but also drafting contracts, trust deeds and other formal legal documents which are not immediately connected with litigation.

A person seeking to qualify as a solicitor can become a trainee solicitor after three years of university legal education and one extra year doing the legal practice course. As a trainee solicitor it is possible to obtain a paid po­sition even before qualifying.

The young would-be barrister has much less chance of earning anything before he qualifies, must then obtain a seat in chambers from which he can try to build up a practice, knowing that, times will probably be hard for a few years. He has to meet his own expenses, cover his own holidays and buy his own (very expensive) sick-pay insurance. In return he gets the sat­isfaction of wearing a wig, and of being self-employed. Doubtless also, being a barrister still sounds a much more glamorous occupation than being a solicitor.

THE AMERICAN LEGAL PROFESSION

The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.

In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of work done by lawyers. Attorney

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer will need to engage in factual investigation.

With respect to each of these roles, the lawyer will do the following:

Counselor: Attorney will help advise the client how to order the client's

affairs.

Negotiator: Lawyer will work with opposing counsel to try to get a fa­vorable resolution for the client. The art of negotiation involves many tech­niques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or of­fered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.

Fact Investigator: All of the lawyer's roles require the investigation of relevant facts, including locating and interviewing witnesses.

A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.

Judge

The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.

Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote.

TYPES OF LEGAL PROFESSIONS IN RUSSIA

Lawyers in private practice in Russia work mostly within colleges of ad­vocates — self-managed cooperative-type organizations. There are about nineteen thousand advocates in more than one hundred colleges. The highest body of advocates' self-management is the general meeting of a college. The presidium headed by the chairperson is the executive board of each college. The presidium is elected by the general meeting for a term of three years.

Colleges of advocates are formed in accordance with territorial subdivi­sions - in the cities, regions (oblasts), republics or autonomous entities. In its territory any college is represented by law firms or legal aid offices, which render all regular legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffs or defendants in civil litigation, and provide defense in criminal proceedings.

There are now more and more American-type law firms in Russia func­tioning separately from colleges of advocates and especially involved in representing private businesses.

Many lawyers are employed by the law offices of enterprises, ministries and agencies as in-house counsel (jurisconsult). These lawyers have all powers of an attorney, but they represent their single and permanent "client" -their respective organization. There are about twenty thousand of them in Russia, and in view of the economic reform this body is growing.

Of course, many in the legal profession teach or do academic research work. In Russia there are forty institutions of higher education in law (either a law school attached to a university or a separate entity called a "juridical institute"). New private law schools are popping up. There are also separate research centers in law, the most prominent of which is the Institute of State and Law under the Academy of Sciences of Russia.

PART 11

Law of contracts

The law of contracts considers such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party. In theory, contractual obligations should be concluded Between parties of substantially equal awareness and bargaining power and for purposes fully approved by society.

In the simplest definition, contract is a promise enforceable by law. The promise may be to do something or to refrain from doing something. The law reflects this Utopian idea in the sense that it tends to conceive of contract as an arrangement freely negotiated between two or more parties of relatively equal bargaining power. The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entitled to legal recourse. The manifestations of intention required to form a contract are accordingly thought of as indicating real willingness, although in fact they may simply represent acquiescence. Contract law in such cases provides only what can be called the legal relationship.

Exc.1 Give Russian equivalents to the words given in bold type.

DEFINITION OF A CONTRACT

A contract may be defined as a legally binding agreement between indi­viduals or between a state and an individual. Binding agreements between states are treaties.

This means that the agreement generates rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may compel performance by the party in default.

Contracts are classified into "contracts by deed" and "simple contracts". The contract by deed must be in writing and must be signed, witnessed, and delivered. Promises made by deed do not need to be supported by consid­eration in order to be enforceable.

All other contracts may be classified as simple contracts, whether they are made in writing, orally or by conduct. Another way of classifying con­tracts is according to whether they are "bilateral" or "unilateral".

In case of a bilateral contract a promise by one party is exchanged for a promise by the other. The exchange of the promises is enough to make them both enforceable. In case of a unilateral contract one party promises to do something in return for an act of the other, as opposed to a promise. There are three basic elements in the formation of a valid contract. First, the par­ties must have reached agreement (offer and acceptance); secondly, they must intend to be legally bound; and thirdly, both parties must have pro­vided valuable consideration.

A contract consists of various terms, both expressed and implied. A term may be inserted into the contract to exclude or restrict one party's liability.

A contract may be invalidated by a mistake, or by illegality, and where the contract has been induced by misrepresentation, duress or undue influ­ence, the innocent party may have the right to set it aside.

Many people assume that a contract is only legally enforceable if it is in writing and signed by the parties to the contract. This is a mistaken belief: most of us during our daily lives enter into unwritten contracts which are as legally enforceable as the most complex written documents. Simple trans­actions such as the purchase of a bus ticket or a packet of frozen peas from a supermarket are enforceable agreements and governed by the rules of the law of contract.

Exercise 2. Match English and Russian equivalents.

1) низшие суды a) to be elevated to the bench

2) юридическая профессия b) judiciary system

3) высшие суды с) at random

4) увольнять d) social classes

5) система присяжных е) legal profession

6) юридическая система f) trial

7) большое количество g) lower courts

8) наугад h) higher courts

9) судебное разбирательство i) legal adviser

10)юрисконсульт j) to dismiss

11)возвыситься до положения k) heavy concentration судьи

12)социальные классы I) the jury system

PART 12

Text 1

Tort law

Tort — in common law, any instance of harmful behaviour, from physical attack on one's person to interference with one's goods or use and enjoyment of one's land, economic interests, and honour, reputation and privacy. The concept encompasses only those civil wrongs independent of contracts. Throughout its long history tort has pursued different aims: punishment, appeasement, deterrence, compen­sation, and efficient loss spreading of the cost of acci­dents. None offers a complete justification; all are im­portant, though at different stages one may have been more prominent than the rest.

Tort law is considered to have following purposes: to compensate people for wrongs suffered; to place the cost of that compensation upon those who, in justice, ought to bear it (an issue of fairness rtiich is absent in the criminal law); to prevent future losses and harms (deterrence); to vindicate the one wronged; to deter victims from having to make an individual letaliation for wrongs done.

Exc.1 Find the synonyms to the following words and word combinations:

to break the law; on the edge of; an aggressive person; satisfaction; a general term; in fact

a disease different reasons to be tried to happen immediately to be called shirking school

Exc.2 Give Russian equivalents to the words given in bold type.

KINDS OF TORTS

There are two chief categories of torts: intentional torts and torts resulting from negligence. The core element in an intentional tort is an intent, or purpose, to cause harm to another. The law provides that a person has intent if he or she desires to cause the consequences of his or her act, or believes that the consequences are substantially certain result from the act. Intentional torts fall into two categories: torts against a person and torts against property.

Negligence refers to the failure of a person to exercise sufficient care in his or her conduct. When a person's conduct falls below the reasonable expectation of society and causes foreseeable harm to another, the person has acted negligently. Society's expect known in torts based on negligence as the legal duty of care — is that an individual reasonably prudent and careful person would act in similar circumstances. A person can act negligently by doing something that a reasonable person would not do or by failing something that a reasonable person would do. The law does not require that the person has an intent to cause harm.

Text 2

Capital punishment

The ultimate penalty is death (capital punishment). It is carried out by hanging (Kenya, for example); electrocution, gassing or lethal injection eheading or stoning (Saudi Arabia); or shooting (China). Although most countries still have a death penalty, 62 (including almost every European nation) have abolished it; 18 retain it only for exceptional crimes such as wartime offences; and 27 no longer carry out executions even when a death sentence has been passed. In other words, almost half the countries of the world have ceased to use the death penalty. The UN has declared itself in favour of abolition, Amnesty International actively campaigns for abolition, and the issue is now the focus of great debate.

Supporters of capital punishment believe that death is a just punishment for certain serious crimes. Many also believe that it deters others from committing such crimes. Opponents argue that execution is cruel and uncivilized. Capital punishment involves not only the pain of dying (James Autry took ten minutes to die of lethal injection in Texas, 1984) but also the mental anguish of waiting, sometimes for years, to know if and when the sentence will be carried out. Opponents also argue that there is no evidence that it deters people from committing murder any more than imprisonment does. A further argument is that, should a mistake be made, it is too late to rectify it once the execution has taken place. In 1987, two academics published a study showing that 28 innocent people had been executed in the United States. Research has shown that capital punishment is used inconsistently. During a crime wave in China in the 1980s, cities were given a quota of executions to meet; in a city where there weren't very many murders, people convicted of lesser crimes were more likely to be executed. In addition, while in some countries young people are not sent to prison but to special juvenile detention centres, in Nigeria, Iran, Iraq, Bangladesh, Barbados and the United States children under 18 have been legally put to death.

As the debate about capital punishment continues, the phenomenon of death row (people sentenced but still alive) increases. The debate also involves the question of what punishment is for. Is the main aim to deter? This was certainly the case in the 18th century England when the penalty for theft was supposed to frighten people from stealing and compensate for inabilities to detect and catch thieves. Is it revenge or retribution? Is it to keep criminals out of society? Or is it to reform and rehabilitate them?

Exc.1 Read and memorize the active vocabulary:

to create to modify

to abolish

to apply

to observe

to enact

to execute

to break

to violate

to enforce

to practice

to teach

to outlaw

to keep with

to stick

to to amend

to refer

to reject to file

to consider

to satisfy

to justify

to investigate to submit to handle to consider to institute

to dismiss to try to hear to lose to examine to win

to initiate to introduce -to debate to approve to pass to amend

to confer

to sign

to reject

to shelve

to postpone

an innocent person

an applicant

a claimant a private person

an assaulted — (an eye)witness / a plaintiff-in-cross /

a victim / an acquitted the injured /

PART 13

Text 1

Property law

Property law includes principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured so that disputies may be avoided. What distinguishes property from other kinds of law is that the principles, policies, and rules of property law deal with the relationships between and among members of a society with respect to «things».

Property is frequently defined as the rights of a personwith respect to a thing. The things may be tangible, such as land or a factory or a diamond ring, or they may be intangible, such as stocks and bonds or a bank account. Property law, then, deals with the allocation, use, and transfer of welth and the objects of wealth. As such, it reflects the economy of the society in which it is found. Since it deals with the control and transfer of wealth between spouses and across generations, property law reflects the family structure of the society in which it is found. Since it deals with such fundamental issues as the economy and the structure of the family.

Exc.1 Give Russian equivalents to the words given in bold type.

LAND LAW

Land law is a fascinating and challenging subject for land is vital for human life. In any society the use of land is of the utmost importance. Land law is about how people share land and it is made up of rules in statutes and cases; case law rules are divided into legal and equitable rules. Most land law statutes in Britain are dated 1925. The aim of the 1925 legislation was to make buying and selling land simpler to revive the depressed market in land.

"Land" means the physical land and fixtures and includes any interest in land. It can be used by a number of people in different ways: one can invest money in a plot, while two or more live there. Land can be shared consecutively: people can enjoy the land one after another.

Each society develops its own cultural attitudes to land. These attitudes are coloured by the kind of land (for example, desert or jungle) because this determines the uses of it. In early English land law, the fundamental concept was "seisin". Then the concepts of ownership and possession took over. British land law has been developing alongside the growth of capitalism and city-living. More recently there has been an enormous increase in the ownership of land by ordinary people. In the 1960s and 70s there were booming prices in most arias of the country and a greater interest in the security of "non-owners". The falling market of the early 1990s produced the situation favourable for the building societies and banks.