Е.Г. Ильичева, С.П. Хижняк
Английский язык
для студентов юридических вузов и факультетов
ИЛЬИЧЕВА Е.Г.,ХИЖНЯК С. П
Английский язык для студентов юридических вузов и факультетов:
Второй этап обучения. – Изд. 2-е перераб. — Саратов, 2006. — 190 с.
Учебник включает девять уроков. Цель его — совершенствование
коммуникативных навыков студентов, изучающих английский язык, и
формирование их способности и готовности к межкультурной коммуникации. Коммуникативная направленность учебника учитывает профессионально-деловую и социокультурную ориентацию студентов юридических вузов.
Для студентов юридических вузов и факультетов.
Рецензенты
Доктор филологических наук, профессор М.А. Ярмашевич
Кандидат педагогических наук, доцент И.И. Ефимова
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ПРЕДИСЛОВИЕ
Настоящий учебник — переработанный вариант учебника,
опубликованного с грифом Государсвенного комитета РФ по высшему
образованию в 1996 г. (автор С.П. Хижняк) и является продолжением
"Учебника английского языка для юридических вузов и факультетов",
который выдержал четыре издания с 1995 г. (авторы С.П. Хижняк, И.И.
Ефимова, Т.В. Кирюшкина, В.В. Митрофанова).
Цель учебника — развитие у студента способности и готовности к
межкультурной коммуникации. Данная цель подразумевает овладение
всем видам чтения текстов, навыками устной речи в различных социально-культурных и профессиональных сферах общения; изучение лексических единиц, формул и клише речевого общения, различных по содержанию и стилю; обучение студентов основам письма на английском языке
(заполнение бланков, например заявлений и анкет; написание аннотаций,
рефератов, деловых писем; составление рабочих записей при чтении и
т.д.); расширение пассивного и активного словарного запаса, закрепление
основных грамматических правил, изученных на первом этапе, и дополнительного грамматического материала; овладение студентами необходимыми приемами умственного труда.
Структура учебника
Учебник состоит из 9 уроков и рассчитан примерно на 140 часов
аудиторной работы. Каждый урок включает в себя следующие разделы:
"Грамматика", "Чтение", "Устная речь", "Письмо".
В разделе "Грамматика" представлены наиболее сложные грамматические темы, изученные студентами на I этапе обучения (типы и виды
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предложений, неличные формы глагола, модальные глаголы, условные
предложения, сослагательное наклонение и т.п.). Кроме того, вводится
новый грамматический материал (усложненные грамматические конструкции в составе предложения, формальные признаки логикосмысловых связей между элементами текста и т. п.). Грамматический
материал подается сжато в виде таблиц и кратких правил. За пояснениями следуют упражнения на закрепление грамматического материала урока.
Разделы "Чтение" каждого урока включают в себя разное количество текстов, что обусловлено общей тематикой урока и количеством содержательных
аспектов той или иной темы. В уроках учебника представлены тексты для изучающего, ознакомительного, поискового и просмотрового чтения.
Тематика текстов разнообразна и обусловлена требованиями «Программы
курса иностранного языка для вузов неязыковых специальностей (М., 2004),
специфика которых состоит в сочетании профессионально-деловой и социокультурной ориентации как двух взаимосвязанных составляющих межкультурной коммуникации специалистов нефилологов. В данном учебнике предпринята попытка объединения социокультурных аспектов тематики с профессионально-деловой, так как правовая наука тесно связана с культурой и социально-экономическими проблемами общества. Поэтому в нем объединены
такие темы профессионально-деловой и социокультурной сферы, как понятие
права и национально-культурные различия правовых систем; юридическое
образование и проблемы современной молодежи (учеба и ее финансирование,
международные молодежные контакты, альтернативные формы образования с
помощью теле-, радио- и электронных средств коммуникации); национальнокультурная специфика кодификации права; конституционные права и их ограничения, права молодежи и проблема ограничения доступа к информации;
проблемы экологии и правовое обеспечение сохранности окружающей среды,
экологические движения; уголовное право и ювенальная юстиция; гражданское право, семейно-правовые отношения и проблема занятости; предпринимательское право, проблемы занятости молодежи и программы профессиональной переподготовки; международное право и возможности для студентов
изучения его за рубежом и т.д. Для составления текстов использовалась оригинальная литература (статьи, монографии), тексты конституций и кодексов,
справочная литература и монографии, изданные на русском языке, а также
Интернет-сайты (см. ссылки после текстов).
Раздел "Устная речь" состоит из нескольких подразделов. Первый
подраздел "Грамматика в устной речи" включает в себя коммуникативные и ситуативные упражнения, в которых активизируется грамматика
урока. Во втором разделе "Клишированные фразы" представлены речевые клише, объединенные в тематические группы (выражение точки зре-
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ния, ведение диспута и т.п.). За списком клише следует ряд иллюстративных минидиалогов, в которых показывается употребление таких клише,
упражнения ситуативного характера для активизации изучаемых клише в
устной речи. Третий подраздел включает диалог или полилог, тематически связанный с текстами урока и с разделом "Клишированные фразы". В
разделе "Дискуссия" предлагаются темы для развития навыков устной
речи. Данный раздел включает в себя также ролевые игры, прецеденты
или проблемные задачи (case study).
Для выполнения некоторых заданий студенты отсылаются к определенным сайтам Интернета, или должны самостоятельно найти информацию с помощью Интернета.
В разделе "Письмо" представлены задания на развитие навыков, которые могут пригодиться в период учебы в вузе или в будущей профессиональной деятельности (см. выше).
Авторы выражают благодарность профессору Кристин Кендрик за
ценные замечания и предложения, сделанные во время работы авторов
над учебником.
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LESSON ONE
GRAMMAR: Kinds and Types of Simple Sentences (Revision).
READING AND ORAL SPEECH PRACTICE: The Law, Sources of Law and
Law Families.
CONVERSATIONAL FORMULAS: Ways of Expressing Pleasure and Displeasure.
WRITING: Filling out Forms (applications).
GRAMMAR
Simple Sentences (Kinds of Sentences)
Предложения
Функции
Повествовательные
Передача информации Не studies law.
Не is a lawyer.
Вопросительные
а) Запрос
б) Вежливая просьба
What is law?
Would you mind waiting a little?
Восклицательные
Выражение чувств
говорящего
Приказ, просьба
What a nice day!
How cold it is!
Hurry! Tell him about it.
Повелительные
Примеры
Types of Simple Sentences
Двусоставные (содержат и подлежащее, и сказуемое).
Many laws reflect social customs.
Односоставные (содержат только
один главный член предложения —
или подлежащее, или сказуемое).
Bring me a book.
Нераспространенные (содержат
только главные члены предложения — подлежащее и сказуемое).
She is reading.
Распространенные (кроме главных
членов предложения, содержат второстепенные).
She is reading a book on English law in
the reading room of the library now.
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Word Order in a Sentence
(Declarative, Interrogative, Negative and Imperative Sentences)
Tomorrow
-
Whe
re
-
he
He
He
Does he
Is
he
Who
-
will
is
shall
we
-
tell
me
likes to read –
like to read
likes to read go?
I
He
shall
is
-
Do
-
not go
not Take
not take
about it.
a lawyer
books at night .
books?
a lawyer?
books?
there.
-
a lawyer.
the book.
the book.
Exercises
1. Make the following sentences negative.
1. He is a second-year student. 2. They have a new compilation of laws. 3.
Tell him about the coming conference of lawyers. 4. Do you know that judge?
5. Somebody told him the news. 6. Both my fellow students I and are interested in legal systems of other countries.
2. Ask as many questions as you can based on the following sentences.
1. He speaks English. 2. He is a well-known lawyer. 3. She went to London two days ago. 4. I have just finished reading this article. 5. He is looking
through the compilation of laws. 6. Professor Smith will deliver his lecture on
civil law tomorrow.
3. Write two-member sentences based on the following one-member
sentences.
1. Morning. 2. Rain. 3. Snow. 4. Don't know anything about it. 5. Glad to
meet you. 6. Sorry. 7. Talking about the new law? 8. Never heard of it!
4. Vladimir, a student of law from Russia, has visited Brigham Young
University in the U.S.A. and the J. Reuben Clark Law School, which is an
integral part of the university. He jotted down some facts of the J. Reuben dark
Law School in fragments. Make up complete sentences based on the fragments.
For each fact write two kinds of sentences: a declarative and an interrogative.
Is accredited by the American Bar Association.
Founded in 1875.
Provides broad training.
Admission of students of any race, sex, national origin.
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330,000 volumes in the library.
A technologically advanced library.
Each new class — 150 students.
Sponsored by the Church of Jesus Christ of Latter Day Saints.
J. Reuben Clark, a member of the First Presidency of the Church.
READING
TEXT 1
1. Read the text. Make up as many questions as you can covering: a) the
main ideas of the text; b) the details.
WHAT IS LAW?
Law permeates our lives. In all modern societies, relations between people
are regulated by laws. Some of these laws are rules of social and moral behaviour, which can be called customs. But some laws are specially made by the
legislature of the country and are enforced against all citizens.
It is natural that in every society people act primarily for their own interests, and their actions in society often result in conflicts. To restrain such conflicts rules for the control of people have been very important from the very
dawn of civilization. The main repository of such rules is the law.
Law helps us to be civilized. It states a number of rules, which tell us what
we may or may not do. Law is based on concepts of order and compulsion.
Without laws there would be anarchy in society. Textbooks on law define it as
"a body of rules for human conduct, enforced by a governing power, as the
means by which the control of society is achieved."1
Besides social control laws are aimed at implementing justice. Some laws
are the reflection of the necessity of implementing common sense. E.g.: it is
common sense that drunken driving should be punished, that a person who
sustains damages should be compensated for them, etc. But sometimes there is
some disagreement as to whether or not in reality one of the main purposes of
the law is to promote social justice.
The rules of law that exist in modern societies are the result of evolution
over centuries of social progress. The evolution of different legal systems
reflects many specific factors (cultural, historical, etc.). That is why the laws of
one country are often very different from the laws of another country.
Note: 1Henzey, Myers, Phalan, Bagby and Sharp. Introduction to Basic
Legal Principles. — 5th ed. Dubuque, Iowa: Kendall/Hunt Publishing Co.,
1991.
8
2. Give the Russian for.
custom, legislature, to enforce, to result in conflicts, to restrain conflicts,
from the very dawn of civilization, repository, order and compulsion, means,
justice, common sense.
3. Give the English for.
общество — современное общество, отношение — отношение между людьми, регулироваться — регулироваться законом, поведение —
моральное поведение, действовать — действовать в своих собственных
интересах, учебники — учебники по праву, правила — правила поведения человека, вождение (автомобиля) — вождение в нетрезвом состоянии, ущерб — понести ущерб — компенсировать ущерб.
4. Complete the following sentences using the words given below each
sentence (a, b, с or d).
1. ... and legal rules have a long history in human society.
legislature, b) law, c) legality, d) lawyer
2. Laws are made by ...
society, b) governments, c) legislatures, d) people
3. In every society people act for their own ...
interests, b) behaviour, c) justice, d) conflicts
4. People's actions in society often ... in conflicts.
consist of, b) result, c) sustain, d) restrain
5. Law is based on concepts of order and ...
civilization, b) damage, c) conduct, d) compulsion
5. Translate the following sentences into Russian.
to enforce
1. Laws are made by legislatures and enforced by police. 2. This rule must
be enforced.
to result in
1. Yesterday the talks did not result in any decision. 2. The accident resulted in the death of two people. 3. The game resulted in our victory.
to aim at
1. You should aim at studying well. 2. Laws are aimed at implementing
justice. 3. The efforts he makes are aimed at achieving success in his career.
to compensate (for)
1. The debtor must compensate for your losses. 2. They will compensate
you for travelling expenses. 3. The employers must compensate their workers
in case of injury at work.
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6. Make up word-combinations. Use them in sentences of your own.
a) to enforce laws
b) to result in
a conflict
rules
an accident
Acts of Parliament
a dispute
c) to aim at
achieving a decision
settlement of a dispute
d) to compensate for
losses
damages
TEXT 2
1. Read the following proper names minding their pronunciation and give
their Russian equivalents. Say what the names stand for.
European Economic Community, the United Nations, Moslem, Montreal,
Canada, Quebec, Romano-Germanic, Hindu, Jewish, Corpus Juris Civilis,
Justinian, British Empire, British Commonwealth, Guyana, Panama, Florida,
California, New Mexico, Arizona, Texas, Egyptian, Normandy, William the
Conqueror, Napoleon, Latin America.
2. Translate the following family words.
influence – influential, system – systematic – systematically – systematize
– systematization
3. Analyze the morphological structure and meanings of the following
words.
uncodified, religiously-based
4. Read the text and try to understand its main ideas.
LEGAL SYSTEMS OF THE MODERN WORLD
AND THEIR CULTURAL BACKGROUNDS
There are various definitions of the term “legal system.”
A legal system could be interpreted as a set of legal institutions, procedures, and rules. In this sense there is one federal system and fifty state legal
systems in the United States, separate legal systems in each of the other nations, and still other legal systems in such organizations as the European Economic Community and the United Nations1. The term “legal system” can also
refer to the nature and content of the law generally, and the structures and
methods whereby it is legislated upon, adjudicated upon and administered,
within a given jurisdiction2.
A legal system may even govern a specific group of persons. Thus a person belonging to various groups could be subject to as many legal systems. For
example, a Moslem student attending McGill University in Montreal might be
10
subject to the rules and judicial institutions of Canada, Québec, the University
and the Moslem faith3.
One of the most important legal concepts is “legal tradition” or “legal
family”. Scholars give diverse definitions of “legal traditions,” or “legal families.” Some writers base their classification on the law’s conceptual structure
or on the theory of sources of the law; others think that these are technical differences of secondary importance, and emphasize as a more significant criterion either the social objectives to be achieved with the help of the legal system
or the place of law itself within the social order. The Romano-Germanic family, the Common law family and the family of Socialist law are considered to
be the three highly influential legal traditions in the contemporary world4.
Other legal traditions include Moslem law, Hindu law, Jewish law, laws of
the Far East, and African tribal laws5. A legal tradition is thus the general culture underlying a family of similar legal systems.
Civil law may be defined as that legal tradition which has its origin in
Roman law, as codified in the Corpus Juris Civilis of Justinian and as subsequently developed in Continental Europe and around the world. Civil law is
divided into two streams: the codified Roman law (continental Europe, Québec
and Louisiana being examples); and uncodified Roman law (as in Scotland and
South Africa). Civil law is highly systematized and structured and relies on
declarations of broad, general principles, often ignoring the details 6.
Common law derives in part from the French local customs imported from
Normandy into England by William the Conqueror in 1066. Common law is
the legal tradition which evolved in England from the 11th century onwards.
Its principles appear for the most part in reported judgments, usually of the
higher courts, in relation to specific factual situations arising in disputes which
courts have adjudicated. The common law is usually much more detailed in its
prescriptions than the civil law. Common law is the foundation of private law,
not only for England, Wales and Ireland, but also in forty-nine U.S. states, nine
Canadian provinces and most countries which first received that law as colonies of the British Empire and which, in many cases, have preserved it as independent States of the British Commonwealth7. In addition to England and its
former colonies, some legal systems follow the common law tradition: Guyana, the Panama Canal Zone, Florida, California, New Mexico, Arizona, Texas
and other former Spanish colonies8.
Statutory law, or law found in legislation other than civil codes, is basic to
both the civil and common law. In common law jurisdictions, most rules are
found in the jurisprudence and statutes complete them. In civil law jurisdictions, the important principles are stated in the codes, while the statutes complete them9.
11
A mixed legal system is derived from more than one legal tradition or legal family. For example, in the Québec legal system, basic private law is derived partly from the civil law tradition and partly from the common law tradition. Another example is the Egyptian legal system, in which basic private law
is derived partly from the civil law tradition and partly from Moslem or other
religiously-based legal traditions. For example, Scotland may be said to be a
mixed jurisdiction, because it has a mixed legal system, derived in part from
the civil law tradition and in part from the common law tradition 10.
Notes: 1 Merryman J.H. The Civil Law Tradition: An Introduction to the
Legal Systems of Western Europe and Latin America, 2 Ed., Stanford University Press, Stanford, California, 1985, p. 1.
2
Tetley W. Mixed Jurisdictions: Common Law vs. Civil Law (Codified and
Uncodified). Unif. L. Rev., 2003, p.4.
3
Ibid.P.4.
4
David R., Brierley J.E.C. Major Legal Systems in the World Today, 3 Ed.,
Stevens & Sons, London, 1985,p. 20, 22.
5
Ibid.
6
Private Law Dictionary and Bilingual Lexicons, 2 Ed. Revised and Enlarged, Les Éditions Yvon Blais, Cowansville, Québec 1991, p.62.
7
Ibid. P. 72.
8
David R., Brierley J.E.C. Op. cit. p. 76.
9
Tetley W. Op. cit. p.6.
10
Ibid.
3. Answer the questions.
1. How is the term ‘legal system’ defined in the text? 2. Can one and the
same person be in a situation when he or she must obey the rules of different legal
systems? 3. What is the basis for giving legal family definitions? 4. What are
the three highly influential legal traditions of the modern world? 5. What are
the grounds for differentiation between Moslem law and Jewish law, on the
one hand, and Romano-Germanic law and common law, on the other hand? 6.
Are legal systems similar to some extent? 7. What are the origins of civil law?
8. What countries does civil law system prevail in? 9. When did common law
tradition begin to develop? 10. What are the characteristic features of a common law system? 11. What role did common law play for the development of
private law? 12. Could statutory law be considered as a basis of civil law/
common law? 13. What is a mixed legal system?
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4. Give the Russian for.
to legislate, to adjudicate, to administer, source of the law, criterion (pl.
criteria), to achieve objectives, to evolve, to rely on, to interpret, to be subject
(to), origin, British Commonwealth, conqueror, in addition (to), mixed legal
system, civil law tradition.
5. Give the English for.
правовая традиция, правовая семья, природа и характер права, важный критерий, игнорировать детали, местные обычаи, статутное право,
бывшие колонии, общее право, частное право
6. Read the definitions of a ‘law family’ and single out the features, which
are the basis of differentiation in law families.
a) “There are three highly influential legal traditions in the contemporary
world: civil law, common law, and socialist law... A legal tradition, as the term
implies, is not a set of rules of law about contracts, corporations, and crimes,
although such rules will almost always be in some sense a reflection of that
tradition. Rather it is a set of deeply rooted, historically conditioned attitudes
about the nature of law, about the role of law in the society and the polity,
about the proper organization and operation of a legal system, and about the
way law is or should be made, applied, studied, perfected, and taught. The legal tradition relates the legal system to the culture of which it is a partial expression. It puts the legal system into cultural perspective”1.
b) “There is no agreement as to which element should be considered in
setting up these groups and, therefore, what different families should be recognized. Some writers base their classification on the law’s conceptual structure
or on the theory of sources of the law; others are of the view that these are
[683] technical differences of secondary importance, and emphasize as a more
significant criterion either the social objectives to be achieved with the help of
the legal system or the place of law itself within the social order… There
would appear to be three at least which occupy an uncontested place of prominence: the Romano-Germanic family, the Common law family and the family
of Socialist law2”.
c) A legal tradition is thus the general culture underlying a family of similar legal systems. Because most legal systems duplicated the law administered
in another jurisdiction (e.g. former British colonies duplicated British law),
major legal traditions tend to be associated with the original legal system as it
then existed rather than as it exists today3.
Notes: 1Merryman J.H. The Civil Law Tradition: An Introduction to the
Legal Systems of Western Europe and Latin America, 2 Ed., Stanford University Press, Stanford, California, 1985, p. 1, 2.
13
2
David R., Brierley J.E.C. Major Legal Systems in the World Today, 3 Ed.,
Stevens & Sons, London, 1985, pp. 20, 22.
3
Tetley W. Mixed Jurisdictions: Common Law vs. Civil Law (Codified and
Uncodified). Unif. L. Rev., 2003. p. 5.
TEXT 3
1. Remember the word.
incompatible – несовместимый
2. Mind the pronunciation of the proper name.
Montesquieu.
3. Translate the family words.
individual – individualism, liberty – liberal – liberalism, civil – civilist,
code – codify – codifier, legislate – legislator, organize – organized – disorganized
4. Read the text for the first time and try to guess the meaning of the words
and word-combinations in bold type. Pay special attention to sentences
marked with an asterisk.
VARIOUS DIFFERENCES IN SOURCES, CONCEPTS AND STYLE
BETWEEN CIVIL LAW AND COMMON LAW
Common law and civil law legal traditions share similar social objectives
(individualism, liberalism and personal rights) and they have in fact been
joined in one single family, the Western law family, because of this functional
similarity1. The term ‘Western law’ is not connected with geographical position of the countries.
A major difference between the civil law and common law is that priority
in civil law is given to doctrine (including the codifiers’ reports) over jurisprudence, while the opposite is true in the common law. This difference in priority
can be explained by the role of the legislator in both traditions. French civil
law adopts Montesquieu’s theory of separation of powers, whereby the function of the legislator is to legislate, and the function of the courts is to apply the
law. Common law, on the other hand, finds in judge-made precedent the core
of its law2.
The main difference between common law and civil law takes on the
shape of the opposition between jurisprudence and codified law3. Law is produced in the sense that it constitutes a set of norms resulting from the activity
of “law-makers.” In civil law countries, the traditional distinction is drawn
between law which is applied by the judge and law which is created by the
14
legislator. This distinction leads to the subordinate position of the judge and
implies that the legislator produces laws. On the contrary, in common law it
is the judge who takes part in the creation of law by providing legal solutions
to the cases for which he is required to make a decision. In England or America, jurisprudence has long been the major source of law, this set of noncodified rules being designated as common law. The courts, of course, are
obliged to implement statutory law, but, theoretically, the latter serves no other purpose than to complete or rectify common law. In this sense, law exists
quite independently of codification and one may truly speak of the primacy of
judge-made law (as opposed to judge-said law). In theory, this is not the case
in civil law countries because judges are considered to be “interpreters of
law,” restricted to implementing the solutions provided for by enacted law4.
The principle of the judge as “interpreter of law” is characteristic of RomanoGermanic tradition. Indeed, it does not recognise any other law than that produced by the legislator. Hence, jurisprudence is not a source of civil law5.
This position could be explained by the origins of common law and civil
law. Systematized character, good scientific organization, logic and theoretical
basis of the legal system of Continental Europe are the result of the work of
such professors of law, civil scientists, as Bartolus, Boldus, etc. AngloAmerican law was formed under the influence of the judges of Westminster
royal courts such as Glanvil, Coke, Mansfield, and Denning, who made common law close to real life.
The civil law doctrine’s function is “to draw from this disorganised mass
[cases, books and legal dictionaries] the rules and the principles which will
clarify and purge the subject of impure elements, and thus provide both the
practice and the courts with a guide for the solution of particular cases in the
future.”6. The common law doctrine’s function is more modest: authors are
encouraged to distinguish cases that would appear incompatible to a civilist,
and to extract from these specific rules. (Of course, there is a point where the
common law author will refuse to draw specific rules that have no policy basis
and will criticize openly absurd judgments.)7
The common law author focuses on fact patterns. He or she analyzes cases presenting similar but not identical facts, extracting from them specific
rules, and then, through deduction, determines the often very narrow scope of
each rule, and sometimes proposes new rules to cover facts that have not yet
presented themselves. The civilist focuses, rather, on legal principles. He or
she traces their history, identifies their function, determines their domain of
application, and explains their effects in terms of rights and obligations.
Common law jurisprudence sets out a new specific rule to a new specific
set of facts and provides the principal source of law, while civil law jurispru-
15
dence applies general principles, and that jurisprudence is only a secondary
source of law of explanation8.
Notes: 1. David R., Brierley J.E.C. Major Legal Systems in the World Today, 3 Ed., Stevens & Sons, London, 1985, p. 25-26.
2
. Tetley W. Mixed Jurisdictions: Common Law vs. Civil Law (Codified
and Uncodified). Unif. L. Rev., 2003.p. 21.
3
. Credes B.D. Efficiency of civil law. University of Nancy, Corte, 2002. p.
4.
4.
Credes B.D. Ibid. cit.
5.
Credes B.D. Ibid.cit.
6.
David R., Brierley J.E.C. Major Legal Systems in the World Today, 3
Ed., Stevens & Sons, London, 1985, p. 94.
7
Tetley W. Mixed Jurisdictions: Common Law vs. Civil Law (Codified and
Uncodified). Unif. L. Rev., 2003.p. 21.
8
Tetley W. Op. cit., p. 22.
4. Translate the sentences marked with an asterisk.
5. Read the text a second time and point out paragraphs devoted to: a)
civil and common law doctrines, b) scholars and law-enforcement officials
whose influence on the development of law was great.
ORAL SPEECH PRACTICE
I.
Mind Your Grammar When You Speak
1.
Express surprise. Act as in the models.
Model 1. A: Who's that?
B: That's Jim Brown. Don't you know him?
Prompts: Sally O'Connor, Pete Brown, Sam Whitney, Kate White, Ann
Williams, John Simpson
Model 2. A: Where is he now?
B: He is in London. Didn't you know about it?
Prompts: Linda Smith — in Moscow, Patrick Briggs — in Nigeria, Margaret Clinton — in Spain, Timothy Pink — in Canada
2. React to the questions as in the models.
Model 1. A: What's there on the table?
B: There's a pencil on the table. Can't you tell (различить)?
Prompts: on the desk, in that box, under the table, near the door, on the
wall, on the ceiling
Model 2. A: Who's there in the room?
B: There's your son there. Can't you tell (различить)?
16
Prompts: in the car, at the entrance, in the garden, on the terrace, on the
road
Model 3: A: Where's Nick?
B: He is nowhere to be seen.
Prompts: Alec, Stella, Pete, Mr. Strange, Mrs. Harlow
3. Say that you have never done things (met with, spoken to people, been
at a place).
Model. A: Have you ever been to London?
B: It's a pity. I have never been to London.
Prompts: to be — to New York, to meet — with Mr. Brown, to speak —
to Professor Brooks, to be — at the Bolshoy theatre, to meet — with Ann
Dark
4. Express delight.
Model. A: Look at the picture.
B: What a beautiful picture it is!
Prompts: her dress — fine, flowers — lovely, vase — beautiful, statue
— big, building — solid, church — beautiful, garden — nice, girl — pretty
II. Conversational Formulas
Ways of Expressing Pleasure and Displeasure
How nice/exciting/interesting/
wonderful, etc.!
(That's) marvellous/terrific/
fantastic/good/great!
Хорошо! Чудесно! Великолепно!
What a bore!
Какая скука! Какой скучный человек!
How boring!
Какая скука! До чего надоело!
How (very) annoying!
What a nuisance!
That’s unfortunate!
Какая досада!
You are the limit!
That's the limit!
That's the last straw!
Дальше некуда!
Это последняя капля.
1. Read the following flashes of conversation.
1.
A: Olga has just returned from London.
17
B: Really? How interesting!
A: She has brought a lot of souvenirs for you and me.
B: Great!
2.
A: Somebody has taken my dictionary of English legal terms.
B: I gave it to Jim. He said he would return it tomorrow.
A: You are the limit! Don't you know I'll have an English lesson tomorrow? I shan't be able to get ready for it.
3.
A: I was late for the lecture in Civil Law again.
B: That’s unfortunate!
2. React to the following statements.
1. Somebody has stolen my bag in the tram. 2. Sam says he has wrecked
his new car. 3. Jane has sent me some detective stories in English. 4. I'm sorry,
I forgot to buy you envelopes. 5. You know, I left my textbook at home again.
6. I'd like to invite you to spend this weekend with us. 7. I shan't be able to do
this work by tomorrow. 8. Steve failed in his exam. 9. I've made you a cup of
tea. 10. Is this your notebook? I found it in the lecture hall yesterday.
III. Polylogue
At the Seminar on Theory of State and Law
Professor: Today we are going to speak about law. First, we should define
this term. Can you tell me what law is?
Oleg: When we speak about law, we mean a justified and well-founded freedom of behaviour, which is proper to society.
Professor: That's right! But the word "law" has at least two meanings in legal
practice.
Nina: Oleg has mentioned one of the meanings.
Professor: And what about the other, Pete?
Pete: I'm afraid, I'm not ready to answer this question.
Professor: How very annoying! Last time you were not ready for the seminar
either.
Nina: I think I can answer your question. We use the word "law" in the second meaning when we speak of the law of the Russian Federation, law
of France, or when we speak of definite branches of law, for example,
civil law or criminal law.
Professor: That's good! A lot of great thinkers, philosophers and lawyers reflected upon the role of law in society. Here is what famous English
writer Daniel Defoe said about law: "Law is just a heathen 1 word for
power." Do you agree with this statement?
18
Dennis: I agree with what Defoe said about law. Law, like the state, must
serve the people, but one must remember that sometimes law doesn't
meet the requirements of society, because it can be reactionary. For example, legislative bodies can pass anti-popular laws or the courts can
pronounce unjust decisions. Sometimes laws and courts become instruments of politics.
Professor: Quite right. I must add that in the situation you have outlined, law
can become a negative factor.
Note: 1 heathen — варварский
2.
Add anything you can to the discussion above.
IV. Topics for Discussion
1. Comment on the following statements.
1. "This is the court of law, young man, not a court of justice."
Oliver Wendell Holmes, Jr.
2. "If you laid all of our laws end to end there would be no end."
Mark Twain
3. "It usually takes a hundred years to make a law, and then after it has
done its work, it usually takes a hundred years to get rid of it."
Henry Ward Beecher
4. "The law's delay."
William Shakespeare
V. Case Study
1. Read the following text.
Regina v. Dudley and Stephens
On July 25, 1884, three seamen and a young boy drifted in a small boat in
the ocean. They were 1,000 miles off the African coast, had no fresh water,
and had not eaten for 8 days. There were no signs they would be rescued. They
had been floating for 20 days after their yacht was wrecked in a storm. The
three men argued quietly among themselves about sacrificing one of them so
that the others could eat. The three knew they meant the boy would be the one
killed. They said nothing to the boy. On the nineteenth day, two of the three
men wanted to draw lots to decide who would die so the others could survive.
One man refused to draw. On the twentieth day, one man with the other's consent (the third man disagreeing) went to the boy, told him what was going to
happen and killed him. The boy did not agree to be murdered. All three men
survived 4 more days until their rescue.
The two men agreeing to sacrifice the boy were later tried in England for
murder. They raised the defense of necessity.
19
Discussion
1. If you were a judge, would you find these men guilty? Why?
2. Does this case raise moral or legal problems (or both)? Why?
3. Read the decision of the court.
Decision
The English court held that there was no necessity. The court said that morality and law are not always the same but should be the same as often as possible. Separating law from morality would be a mistake, which would happen
if necessity were a defense to murder in this case. Dudley and Stephens were
convicted of murder. (The death sentence was commuted to six months' imprisonment.)
4. Do you agree with the court's decision? Why?
5. Do you think it was just that the death sentence was commuted to six
months' imprisonment? Why?
WRITING
Filling out the Forms (Applications)
1. Suppose you are going to apply to a Russian-American Program of Distance Learning. You have to fill out the following form before your interview.
Remember:
1. Neatness counts.
2. Filling out your form, take one step at a time.
3. If an item does not apply to you, draw a line through the answer space.
Do not leave it blank, or the person reading the form may think that you
missed that item.
4. After finishing, make sure that everything is in order before you hand in
the form.
5. Fill out the form in block letters.
Full Name:
Home Address:
Home phone:
Work Phone:
E-mail:
Fax:
Birth Date:
Names of parents:
Home and work telephones of parents:
Are you currently enrolled at an institution of higher learning?
Yes 
No 
20
If yes, name of institution:
Present year of study and total number of years in institution:
Department/Faculty:
Specialization:
If you have graduated, list all institutions (institutes, universities) you have
attended. Give dates, specialization, degree and date degree received:
Did you have English classes in school?
Yes 
No 
How many years have you studied English at the institute or university
level?
Have you had private tutoring or taken special courses in English?
Yes 
No 
Do you work?
How long?
Please indicate what areas of study you are interested in. Mark three areas.
Finance
Environment
Sociology
Management
Accounting
Linguistics
Law
Agriculture
Computer
Philosophy
Psychology
History
Other(s). Please Specify Areas:
Please select two courses that you are most interested in.
Legal Environment of Business
International Law
History of Education in the U.S.A.
Introduction to Finance
Principles of Marketing
Judicial Process
Mass Media
Security Markets
21
L
I
E
M
LESSON TWO
GRAMMAR: 1. Participles (Revision).
2. Emphatic do.
WORD-BUILDING: Noun-forming: Suffixes with the Meaning of a Person.
Adverb-forming: Suffix -ly.
READING AND ORAL SPEECH PRACTICE: Higher Education and Legal
Profession. The Role of Mass Media in Education.
CONVERSATIONAL FORMULAS: Ways of Asking for Details about
Somebody's Occupation.
WRITING: Filling out Forms (Curriculum Vitae).
GRAMMAR
Participles
Tense
Present
Active
reading
читающий, читая
Past
Perfect
having read
прочитав
Passive
being read
читаемый, будучи читаемым
read
прочитанный, который читается
having been read
после того, как был прочитан
Emphatic do
Вспомогательный глагол do (does, did),cтoящий между подлежащим
и инфинитивом смыслового глагола без частицы to, усиливает значение
смыслового глагола.
I 'do know him.
Я же (ведь) знаю его.
Не 'does know that. Он же знает это.
They 'did arrive.
Они же приехали.
Exercises
1. Translate the following sentences, paying attention to participles.
a) 1. Having been approved, the new rules came into force. 2. Having
looked through the documents the manager signed only two of them.
3.
When speaking to her, he understood that she didn't know all the facts.
4.
The problem having been discussed, they left the conference room. 5. Not
knowing her telephone number, he couldn't call her back. 6. He was sitting in
the office writing business letters. 7. He looked at me as if not recognizing. 8.
Driving at this speed, we can get into an accident. 9. The manager watched the
22
clerks working in the office. 10. Do that as soon as possible. Don't keep me
waiting. 11. Having shaken hands with the visitors, he asked them to take their
seats.
b) 1. When asked, he always helps people. 2. When asked, he always
helped people. 3. I have my car kept at your door. 4. We had all problems discussed yesterday. 5. I have never heard a speech made so brilliantly.
6.
They live in a house built in the 19th century. 7. Here is the letter signed by
Mr. Smith. 8. He looked very disappointed. 9. I heard this problem argued between lawyers. 10. When I called on him in the afternoon, I found that he had
gone. 11. When I called on him in the afternoon, I found him gone.
2. Translate the words in brackets.
1. She (заполняет) an application form of the Russian-American Program
of Distance Learning. 2. (Заполнив) the form she handed it in to the supervisor of the program. 3. (Заполненный) form should be handed to the supervisor
of the program. 4. The form (после того, как был заполнен), it should be
handed in to the supervisor of the program. 5. (Заполняемый) form is very
important. 6. The student (заполняющий) the form is going to take part in the
Russian-American Program of Distance Learning.
3. Translate the following emphatic constructions.
1. Do come in. 2. — I think he didn't speak to professor Brooks. — But he
did speak to him. 3. He does know about their decision. 4. They did tell him
about it. 6. I do mean it. 7. I do think so. 8. I did speak to him. Why don't you
believe me? 9. I did try hard to settle your problem. 10. I do want to help you.
4. Make the following sentences emphatic with the help of do (does, did).
1. Tell Jim we won't come. 2. Law helps us to be civilized. 3. I agree with
you. 4. Civilization influences law. 5. The laws frustrate our base instincts. 6.
They changed their plans yesterday. 7. Read this article.
READING
TEXT 1
1. Read the text and translate it into Russian paying special attention the
words and word-combinations in bold type.
LEGAL PROFESSION AND LEGAL EDUCATION
In any country, the legal profession plays an important role. The work carried out by lawyers is diverse. Under adversary systems of justice, lawyers are
advocates representing their clients. Besides litigation, lawyers perform different duties. They are advisors to business firms, to governmental agencies, to
individuals, etc.
23
Lawyers do gravitate to many crucial interactions while forming and
implementing social, political, and economic policy. That is why the general
objective of legal education is to prepare the students of law to function as
competent lawyers. Any law school must provide broad training. The specific
objective of the curriculum is to maximize the student's mastery of legal reasoning and legal method — in addition to teaching the basic substantive rules
of the law. Students of law must be taught to analyze complex factual situations, to reason deductively, and to separate the relevant from the irrelevant to
handle the most difficult problems.
The main function of legal profession and legal practice is to apply the
law in specific cases. This function is one of the most important in any branch
of legal profession, but most vividly this function is manifested in the work
carried out by advocates and judges in the process of trying and deciding cases.
The most prestigious branch of the legal profession in Great Britain and
the countries influenced by its system is the judiciary. To become a judge, one
has to spend 15-25 years in private legal practice or in teaching law or governmental legal service. Judges are either appointed or elected. In England
judges are more commonly appointed. Appointments of judges are made by
the Lord Chancellor. In the U.S.A., the appointive system is used in federal
courts. Appointments of judges are under control of the chief executive of the
nation or state. In many states judges are elected by the population of the state.
Governments require a staff of legal specialists. Great governmental departments need their own legal sub-branch to have skilled legal advice. There
are also many lawyers in private client-directed practice.
An American lawyer Erwin N. Criswold writes: "Although our legal system is largely derived from England, we have not followed the English practice in the organization of the legal profession. There is no formal division of
the profession in the United States. We do not have barristers, or courtroom
lawyers, on the one hand, and solicitors, on the other. With us, any lawyer is
free to engage in any sort of legal activity, and he may be in court one day and
engaged in drafting legal papers the next. Indeed, the notion of the separation
of the legal profession into different branches is so unknown in the United
States that most American lawyers have difficulty in understanding the English
or French systems. Of course there is a certain amount of specialization in the
actual activities of many American lawyers, but they are accustomed to doing
whatever they feel their clients need and they feel qualified to do..."1 Erwin N.
Criswold names such spheres of specialization as labor law, taxation, etc.2
Legal practice in the U.S.A. is carried out not only by lawyers but also by
paralegals. A paralegal is a non-lawyer who performs legal tasks that were
once done by lawyers. A longer definition used by the ABA – American Bar
24
Association (a national organization of lawyers) is a "person qualified through
education, training, or work experience who is employed... in a capacity which
involves the performance, under the intimate direction and supervision of an
attorney, of specifically delegated, substantive legal work, which work, for
the most part, requires a sufficient knowledge of legal concepts..."3 There is an
ABA Commission on Non-lawyer Practice in the U.S.A., which has recently
held some open hearings to receive comment from both the lawyers and paralegals whether non-lawyers should be permitted to provide legal services to the
public and, if so, how such services should be regulated.
Many specialists in law advocate the idea of allowing non-lawyers to engage in at least limited delivery of legal services, although there has been
some consensus that non-lawyers' practice should be regulated. The advocates
of the idea say that there are many repetitive and simple things that lawyers do
that could easily be done by trained non-lawyers. Many paralegals work with
lawyers who oversee their work and none objects to this as they are not considered to be practicing law. However, when they go out and work for themselves and make money, people begin complaining. At present paralegals
handle mainly real estate transactions, but the ABA has no policy on legal
services carried out by non-lawyers.
As far as lawyers are servants of the public as well as of their clients, they
have several loyalties. Lawyers must be loyal to their clients, to the administration of justice, to the interests of the society as a whole and to their own
ethical standards. While considering this issue we often speak on professionalism of lawyers. Professionalism is defined as "the behaviour, skill, or qualities
shown by a professional"4. The latter term in turn is defined as "a person who
has great experience and high professional standards"5. S. Rosner considers
that the word "professionalism" can be defined in two different ways. First, he
says, we should distinguish a professional from an amateur 6, who is a person
that lacks experience or skill in a particular sphere of human activities as
sports, painting, etc. for enjoyment without being paid for the results of his
work. "In this broad sense, the lawyers are professionals. But in our age of
specialization, a tax lawyer hardly could be called a professional when dealing
with a patent law problems unless he or she can devote sufficient time and
effort to acquire the necessary skills," writes S. Rosner. He also stresses that
legal professionalism is understood in a narrower sense as the ability of "placing the interests of others ahead of the lawyer's own interests," 7 because lawyers have much to do with the interests of their clients, those of courts, third
parties and society as a whole.
One of the most difficult problems is as follows: a lawyer always confronts the interests of professionalism and his own financial interests. And a
lawyer must decide which comes first: to make money or to serve clients, help
25
people and do good. It is not an easy problem to solve. S. Rosner points out
that "a firm says to its lawyers, if you are to succeed here, you must bring in
"x" dollars. ... In effect this practice makes the client and lawyer adversaries.
The lawyer's interest is in maximizing the dollar return and therefore, in expanding the work produced, the time billed to match the client's ability or willingness to pay. The clients' interests are in getting the job done as efficiently
and economically as possible." But "to remain competitive they (lawyers) must
provide legal services of the highest quality in an efficient and cost-effective
way"8.
Notes: 1 Longman Dictionary of Contemporary English. M., 1992.
2
Ibid.
3
Rosner S. Professionalism and money // ABA Journal. V. 78. May 1992,
pp. 69-72.
4
Longman Dictionary of Contemporary English. M., 1992.
5
Ibid.
6
Rosner S. Op. cit.
7
Ibid.
8
Ibid.
2. Give the Russian for.
to represent clients, to perform duties, to implement a policy, broad training, legal reasoning, legal method, to reason inductively and deductively, to
handle the most difficult problems, to apply the law, judiciary, client-directed
practice, formal division, courtroom lawyer, office lawyers, drafting legal papers, curriculum, attorney, trained non-lawyers, adversary, real estate, transaction, tax lawyer, taxation
3. Give the English for.
состязательная система, юридическое образование, нормы материального права, частная юридическая практика, правовая служба, назначение судей, система назначения, квалифицированный юридический совет,
трудовое право, отправление правосудия, получить необходимые навыки,
в более узком значении, патентное право, третья сторона, общество в целом
4. Complete the following sentences.
1. The general objective of legal education is... 2. Any law must... 3. The
specific objective of the curriculum in Law Schools is... 4. Students of law
must be taught... 5. The main function of legal profession is... 6. The most
prestigious branch of the legal profession is... 7. Governments also require... 8.
There are many lawyers in... 9. The notion of the separation of the legal profession into different branches is... 10. Lawyers must be loyal to... 11. A para-
26
legal is… 12. Paralegals handle mainly… 13. Professionalism is defined as…
14. A lawyer always confronts…
5. Translate the following sentences into Russian.
to carry out
1. Lawyers have certain duties to carry out. 2. A large amount of tax work
is carried out by accountants.
to gravitate to/towards
1. Students always gravitate to subjects, which will help them in their future profession. 2. Voters always gravitate to candidates who have a positive
image.
To get (be) accustomed to, to accustom oneself to
1. He got accustomed to his work. 2. She is not accustomed to physical
work. 3. You have to accustom yourself to difficulties. 4. I am not accustomed
to such strict rules.
to engage in
1. He has been engaged in settling labour disputes all his life. 2. They are
engaged in negotiating and settling disputes.
to handle somebody, something
1. He handled the situation very well. 2. He knows how to handle these
matters. 3. A lawyer should know how to handle his clients.
6. Make up sentences.
Lawyers
carry out
handle
gravitate to
are engaged in
perform
are accustomed to
different duties
many crucial interactions.
drafting legal papers.
labour disputes
tax work.
doing whatever they feel their
clients need.
7. Make up word-combinations. Use them in sentences of your own.
a) to work out
a plan
b) to perform
the duties
a resolution
the functions
a draft document
c) to handle
the problems
d) to carry out the duties
the job
the threat
the situation
e) to accustom new ideas
to
public speaking
8. Form adverbs with the help of the suffix -ly. Translate the words into
Russian.
effective, usual, proper, equal, legal, necessary, ordinary
27
9. Form nouns with the meaning of a person with the help of the suffixes.
-er: to examine, to teach, prison, London
-or: to visit, to investigate, to act
-ist: economy, royal, terror, national
-ian: politics, Russia, Canada, Italy
-ant: to appeal, to account, to inform, to serve
-ent: to preside, to correspond, to reside
-ess: patron, steward, actor, manager
10. Translate the following words. Consult a dictionary.
defender, defendant.
11. Complete the sentences with the correct derivative of the words in
bold type. Mind the grammatical forms of the derivatives.
1. Law
The work done by the courts cannot be carried out without the participation of...
2. To advise
Apart from litigation, lawyers perform indispensable services as ... to
business firms, to government agencies, and to individuals and organizations
of all kinds.
3. To serve
The lawyer is a ... of the public as well as of his client.
4. To defend
a) In recent years many states have established public ... offices.
b) When a lawyer tries criminal cases, he usually specializes in representing either plaintiffs or ...
5. To prosecute
Lawyers carry a high responsibility for the enforcement of the criminal
law. Some lawyers do this as public officials, in ... office.
12. Make up as many questions based on text A as you can. Ask your
group-mates to answer them.
13. Give the gist of the text in English.
14. Translate the following sentences into Russian paying attention to the
participles.
1. Although the American legal system is largely derived from England,
English practice in the organization of the legal profession was not followed.
2. Perhaps two-thirds of American practicing lawyers practice alone, having
their own offices. 3. From early times, there have been associations of lawyers,
and for about a century they have been formalized into bar associations. Being
so large, much of their work is done in sections, dealing with different topics.
28
5. Even when carried out through large firms, law practice remains an individualistic activity. 6. Lawyers being admitted to practice by supreme courts of
each of the states, this admission entitles them to practice in that state only.
17. Look through text A once again and point out the emphatic do.
TEXT 2
1. Memorize the following words and word-combinations:
tool – средство, орудие
givaway – безвозмездный дар
access – доступ
vocational education – профессиональная подготовка, обучение;
специальная подготовка рабочей силы
coercive – принудительный
commitment – 1. обязательство; 2) знак (чего-н.)
consume – потреблять
credit – кредит (зачетная единица; один кредит засчитывается за курс,
рассчитанный на 1 час аудиторных занятий)
mentoring – зд. обучение
campus – университетский городок
2. Read the following international words and give their Russian equivalents.
combination, aspect, to determine, unique, homogenous, psychology,
mentor, ecology, cosmology, rubric, utilitarian, module, portfolio, course
3. Translate the following family words.
to value – to devalue, date – to date – to update, desperate – desperately to
require – requirement, experience – experiential, to instruct – instructor – instruction, to gain – gainful, ready – readiness
4. Analyze the morphological structure and the meanings of the following
words.
giveaway, high-tech, one-to-one, software, experiential
5. Give the Russian for.
mass media, productive workers, internet websites, music tape, to transmit
a message, techno-industrial elite, unique human beings, on-site, competencybased examinations, one-to-one mentoring, computer-centered program, upand-coming contender, face-to-face communication, hands-on labour,
6. Besides traditional methods of teaching including lectures and seminars, there appear new alternative methods the applications of which are con-
29
nected with developing technologies. Read the text and put down the ideas
which are most significant in this text from your point of view.
ALTERNATIVE METHODS OF TEACHING
Mass media: television programs, internet websites, films, newspapers,
music tapes and CDs, magazines, radio programs and more - are also tools or
technology used to transmit a message to a large external audience. There are
different points of view on its character and role in modern education. “Media
is the combination of form (i.e., the television) and content (i.e., the program).
Both of these aspects determine the relationship between the sender and the
receiver, which with the mass media today is typically one-way, passive and
highly controlled”1.
Shilpa Jane writes: “Like schooling, the mass media is used to support the
coercive power structure of a techno-industrial elite (be they corporate or governmental). Like schooling, the mass media undermines our existence as complete and unique human beings, and tells us instead that we are needy, deficient and homogenous. While ‘entertaining’ us, it complements the education
system in urging us to consume and consume to fill our empty selves up. It
thus reinforces institutional dependency on professionals and experts, while
simultaneously devaluing our creative potential, our hands-on labor, our local
relationships, and our own life stories. Like education, the mass media has
had, and continues to have, serious effects on our psychologies…”.2
Mass media is often used in technology education in the US. Technology
education is an updated, high-tech "vocational education." Most of what is
considered as media education in the US falls under this rubric, because the
prevailing notion in the United States is that the main purpose of education is
to secure gainful employment. This utilitarian view of education is reflected in
the readiness of students to become productive workers in a global economy. 3
“Almost every major communications corporation has educational
partnerships with schools, either through equipment giveaways, educational
software, or actually managing on-site corporate schools. The schools
desperately need the equipment, resources and media access that these
partnerships offer. In return, corporations get two benefits for the price of one:
they can influence the education of future workers and they can establish brand
loyalty with consumers at an early age. Technology programs in the U.S. are
currently computer-centered, although video is an up-and-coming contender.”4
Distance education is a form of education in which “the reaching and
learning process involves activities where the learners are at a distance from
the originator of the teaching material”5, so that face-to-face communication is
absent. Although the initial idea of distance learning dates back over one hundred years ago, it is especially transforming education today. As university
students become increasingly aware of the Internet and its applications, institu-
30
tions of higher education are beginning to realize the potential of the Internet
in the role of distance education.
That is why there are a number of new policy issues that must be addressed6: new forms of assessment evaluation, including means to insure that
student work is original and authentic; a set of nationally accepted institutional
accreditation standards to insure the quality of distance education; a nationally
accepted set of teacher certification standards which meet a minimum criterion, including training in distance education theory, methods, and strategies,
etc.7.
Here is an example of a distance training course. Breyer State University
is leading the way in innovative education and curriculum designs by introduction of Experiential Degree Completion Programs. Their online college degree
programs demonstrate the commitment to innovation in higher education, allowing students to realize their educational goals through a comprehensive
program for Experiential Learning and Degree Completion. They strongly
support the value of experiential learning and they adhere to quality standards
for awarding college credits for such learning. The Degree Completion Programs are designed to resemble traditional educational curriculums. The university offers the Experiential Learning and Degree Completion Programs at
the following levels: Associates’, Bachelors’, Masters’ and Doctorates’ degrees.
At the same time the Experiential Learning and Degree Completion Programs are designed with an innovative model that includes transfer credits,
online course work, independent study modules and courses, competencybased challenge examinations, and major degree-level independent study projects. Experiential Learning credits can be earned through a comprehensive
portfolio assessment and project. Up to forty-five percent of required credits
may be earned through this assessment portfolio/project. Masters and Doctoral
level curriculums include a thesis and dissertation track. Bachelors degree programs include a degree project course.
Features of the Degree Programs are as follows: all course work through
Distance Learning Models, no campus classes to attend, no travel requirements; an assigned faculty instructor/advisor for each student, providing oneto-one mentoring; ability to apply for life experience and experiential learning
credits; full online classrooms for each course and project required in the program; individualized curriculums designed with online course work, independent study modules, projects, research and portfolio assessment for experiential
learning credits (up to 45% of degree requirements) and competency-based
challenge examinations8.
31
Notes: 1 Jain S. Media as Education, Education as Media Reinforcing and
Expanding
Dehumanization,
Exploitation
and
Injustice
//
http://www.sewaraj.org/shikshantar.
2
Ibid.
3
Tyner K. The media Education Elephant // http://www. interact. uoregon.edu.
4
Ibid.
5
http://www.duke.edu/~djs13/pps126/education.htm
6
http://carbon.cudenver.edu/lsherry/pubs/ issues.html
7
http://www.duke.edu/~djs13/pps126/education.htm
8
http://www.breyerstate.com/ lifeexper.htm
7. Retell the text according to the ideas you have jotted down.
8. Answer the following questions.
1. What are the means of mass media education? 2. Do you agree with
Shilpa Jane’s statement? 3. What is technology education and the role of mass
media in it? 4. What are the innovative ways of education used at Breyer State
University? 5. Was the curriculum at that university changed greatly to fit the
needs of online education? 6. What are the advantages offered for people getting education by the Net? 7. Are there disadvantages of on-line teaching?
TEXT 3
1. Read the text and: a) entitle it; b) find out some advantages of traditional face-to-face interaction, on the one hand, and disadvantages of online
learning, on the other hand.
Education is a resource for increasing personal income and obtaining information. Distance education is often the only opportunity for nontraditional
students to obtain a degree. Recently distance education has benefited from
computer-based learning through the Internet. However, distance education
started several hundred years ago with correspondence education. Later, in the
1920s, radio broadcasting became the first electronic means of distance education, followed by television and now, the Internet.
On-line education is making it possible for students from around the world
to study at prestigious higher schools without leaving their homes. Students
who cannot interrupt careers are able to excel in education through on-line
distance learning. Students value the fact that on-line education gives them
control of when they study and take classes, while at the same time it tests
their competency rather than their personal learning time. On-line distance
learning is not only a more flexible method of learning in time and space, but it
is also cost-effective.
However, most professors would agree that interacting with students in
classes produces better results. Face-to-face interactions permit a professor to
32
rapidly change the direction of the discussion and to directly satisfy the needs
of the learners. Currently, on-line courses are not easily able to adapt to a
change in material as with traditional classrooms. When students and instructors can meet together in small groups, they are continuously accessible to
each other in a face-to-face setting. In on-line courses the student is socially
isolated.
Some higher learning institutions incorporate a hybrid learning system: the
incorporation of distance learning into face-to-face methods. Coupling the Internet and face-to-face methods would ensure that students who are unable to
access the Internet as well as students who cannot purchase a personal computer are not at a disadvantage, and moreover, it would not deprive them of the
experience of going away to college.
2. Write a letter to the Rector of your University stating that one of the
above mentioned learning systems is the best for legal education. Justify your
choice. Compose a list of things necessary for organization of the type of the
learning process you have chosen.
TEXT 4
1. Memorize the following words.
tuition – обучение
promote – 1. продвигать, 2. способствовать, 3. переводить (в следующий класс и т.п.)
2. Read the names of the countries.
Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Mongolia, China
3. Analyze the morphological structure and meanings of the following
words.
funding, grantmaking, searchable, database, well-being, worldwide, telecommunications, post-graduates, post-doctorates, headquarters, outreach
4. After you read some additional information about possible ways of financing for students (including those in Russia) put down the questions you
would like to ask of the persons responsible for the process. Write a letter with
your questions applying to some international foundation dealing with financing students.
FOREIGN EDUCATIOJN AND RESEARCH GRANTS
Employer tuition benefit plans, AmeriCorps grants, and scholarship or
writing competitions are a few of the many financial resources available to law
students1.
• United States Information Agency (USIA)
33
USIA is an independent foreign affairs agency within the executive branch
of the U.S. government. USIA explains and supports American foreign policy
and promotes U.S. national interests through a wide range of overseas information programs. The agency promotes mutual understanding between the
United States and other nations by conducting educational and cultural activities. With more than 200 posts in 143 countries, it is known as the U.S. Information Service (USIS). Its website is divided into several sections including
International Exchanges/Training, all of which are searchable.
• Eurasia Foundation
This privately managed foundation promotes democracy and free market
institutions in the Newly Independent States (NIS) of the former Soviet Union
(Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova,
Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan) by providing funding to small programs that further these ideals. Begun in 1993, the foundation
awards grants totaling approximately $17 million yearly. Priority areas of
funding are Business Development, Business Education and Management
Training, Economics Education and Research, Public Administration and Local Government Reform, Rule of Law, Media, and Electronic Communications. Proposals, with the exception of competitions, are accepted at any time
with the average award between $10,000 and $18,000. Eurasia Foundation
maintain a searchable grant database of over 1,750 grants that have been
awarded.
• Global Fund for Women
Established in 1987, this international grantmaking organization focuses
on rights for women and provides funds for groups that are committed to
women's well-being and full participation in society, encourage increased support worldwide for women's programs, provide leadership in promoting the
importance of women's participation internationally and give support to women's groups working on issues that are considered emerging, controversial, or
difficult. As it is the only US-based organization that exclusively supports international women's rights, issues supported include literacy, domestic violence, economic autonomy, telecommunications and media, the international
trafficking1 of women, all the while heightening awareness of their needs and
strengths.
• International Research & Exchanges Board (IREX)
A non-profit organization founded in 1968, IREX's functions now include
academic exchanges, professional training, institution building, technical assistance and policy programs with the former Soviet Union, Central and Eastern
Europe (CEE), Mongolia and China. In short, although the programs cover a
broad range of activities, all are aimed "at helping to develop civil societies in
Central and Eastern Europe and Eurasia". With the main headquarters in
34
Washington, DC, there are field offices maintained throughout the above areas
that not only conduct outreach activities for their programs but also provide
services to IREX program participants and alumni. They also maintain a list of
current IREX programs, grants and scholarships.
• Youth For Understanding
Youth For Understanding (YFU) International Exchange offers summer
and year-long study abroad programs to Russia (and 30 other countries) for US
high school students. There are also opportunities for US families to host Russian students.
• Centre for International Mobility (CIMO)
CIMO grants scholarships for young researchers (post-graduates/postdoctorates) from all countries in order to promote international cooperation in
teaching and research. Special emphasis is laid on active participation and interaction with research and teaching at the receiving institute.
Note: 1. trafficking – торговля
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Make up sentences.
A lot of work
Automobile cases
Commercial controversies
Sometimes real estate transactions
Clients
is
are
carried out
represented
handled
by lawyers.
bу paralegals.
2. Make up questions and answer them. Work in pairs.
Model 1: A: When were you born?
B: I was born in 1977.
Prompts:
A:
B:
where – you – to educate
at a law school
what – you – to train as
as a lawyer
where – you – last – to employ
at a law firm
where – your friend – to educate
at a university
what – he – to train as
as an engineer
where – he – last – to employ
at a plant
Model 2. A:Have you ever been to America?
B: I have been to America two times.
А:
B:
you — to visit — England
three times
35
you — to try — criminal cases
you — to settle — commercial controversies
you — to represent — defendants
you — to carry out — tax work
you — to try — automobile cases
you — to try — marital cases
lots of times
frequently
on a number of occasions
several times
frequently
often
3. Agree with your partner.
Model 1. A: He is cross-examining witnesses now.
B: I know that witnesses are being cross-examined by him
now.
Prompts: he — to read your report; judge Tribe — to try a criminal case;
Jim — to settle some commercial controversies; she — to settle that problem;
they — to negotiate the terms of a new contract; the committee — to draft a
new law
Model 2. A: The work which is done by courts can't be carried out
without the participation of lawyers.
B: The work done by the courts can't be carried out without
the participation of lawyers.
Prompts: 1. Defendants are often represented by lawyers who are employed by the Insurance companies. 2. Courtroom work represents a small portion of the work which is done by lawyers. 3. Lawyers carry out some functions with respect to the transfer of real property which is sometimes called
conveyancing. 4. The work which is carried out by lawyers is very complicated. 5. The role which is played by an ordinary office lawyer is rather unspectacular.
Model 3. A: Advocates who represent clients present their points of
view as efficiently as they can.
B: Quite so. Advocates representing clients present their
points of view as efficiently as they can.
Prompts: 1. The influence of the lawyer's work, which relates even to a
specific matter of private concern to clients, is very great. 2. Lawyers spend a
great deal of their time in negotiations which lead to the adjustment of controversies. 3. Two-thirds of American lawyers, who have their own offices, practice alone. 4. There are few law firms which maintain branch offices in another
city. 5. In the U.S.A. there is no Ministry of Justice or any other department,
which controls the legal profession. 6. Over the past twenty-five years, a number of states have passed statutes which established integrated bars.
4. Disagree with your partner.
Model. A: I don't think I mentioned his role in that case.
36
B: But you did.
Prompts: you — to tell me about your new job; I — to mention the draft
programme; he — to settle that controversy; she — to settle that labour dispute; I — to tell you about their divorce; you — to tell me about the negotiations; he — to carry out his work successfully
II. Conversational Formulas
Asking for Details about Somebody's Occupation
What do you do (for a living)?
Где вы работаете?
Where do you work?
What do you focus on?
В какой области вы специализируетесь?
Where is your firm based?
Где находится ваша фирма?
How long have you been working Как долго вы работаете в фирме?
for this firm?
I 'm a lawyer.
I 'm in legal practice.
I work for Smith and Co.
I work at Smith and Co.
I 'm with Smith and Co.
I focus on civil law.
Our firm is based in London.
Our firm is in London.
Possible Replies
Я юрист
Я работаю в фирме Смит и К°.
Я специализируюсь в гражданском
праве.
Наша фирма находится в Лондоне.
Exercises
1. Read the following flashes of conversation.
1.
A: Nice to see you, John. Haven't seen you for ages. What are you doing
for a living?
B: I'm in finance.
A: And what about you?
B: I'm in computers.
A: Where is your firm based?
B: Our firm is in Los Angeles.
2.
A: Oh, John! Meet my colleague.
B: How do you do?
A: How do you do?
B: Are you a lawyer too?
37
A: I am. I work with Smith and Co.
B: Smith and Co? That's a very prestigious firm. What do you focus on?
A: I focus on business law.
3.
A: Who did you speak to five minutes ago?
B: Oh, that was Susan.
A: Is she your colleague?
B: Yes, she is. She has been working for Smith and Co for three years.
III. Dialogue
1. Read the dialogue.
Sarah Alger, a lawyer from a small resort area town is speaking to Barry
Johnson, her colleague from New York.
Barry: Hello, Sarah! Haven't seen you for ages!
Sarah: Oh, Barry! Glad to see you! It seems to me that I haven't seen you
since we graduated from University of Pennsylvania Law School.
Barry: Quite right! Are you on holiday here?
Sarah: Oh, no! I live in this town.
Barry: Do you? But I know that after graduating from the Law School
you worked for the prestigious firm of Stephen Walrode and you were doing
perfectly well there.
Sarah: That's right. But then I got tired of New York and decided to move
here. It was simply a desire to live in a beautiful place where I felt I would
have more control of my life.
Barry: But I think it's difficult to come into a small community like this
and open up practice and do well.
Sarah: You're right. You can't do well here right away. But now everything is O.K. Most of my practice is business litigation. Some of it also involves bankruptcy cases and broken real estate contracts.
Barry: Are you happy with the kind of work you do here?
Sarah: Yes, I am. A lawyer in this town can keep as busy as any lawyer in
a big city. But there are certain disadvantages. The first one is that you've got
to be here for some time before the locals take you seriously. And, besides, I
miss the opportunity of intellectual growth that a large firm offers. But the
experience I got in New York is very helpful for me. And what about you?
What are you doing for a living?
Barry: Well, I was working for a small firm in New York for three years,
but now I'm in a big practice in Los Angeles. But to tell you the truth, I'm tired
of living in big cities. I’m thinking of moving to some resort area.
Sarah: Why not here?
38
Barry: I like it here, but you know, now I focus on personal injury and
criminal law. I don't think I'll have much practice in such a quiet place.
Sarah: I think you are wrong. A lot of people get into trouble in resort areas because they're enjoying themselves having parties or rest out of town.
They do things they wouldn't do when they're not on holiday. So we get a lot
of disorderly conduct, and a large number of criminal cases that arise from
fights in the bars and dancing halls. We've had some really tragic situations as
a result of that.
2. Say what you have learned from the dialogue about.
a) Sarah's past activities; b) her present occupation; c) Barry Johnson; d)
the trouble people get into in the resort areas.
IV. Discussion
1. Prepare a report on one of the following topics for discussion in the
class.
1. The role the legal profession plays in modern societies.
2. The lawyer is a servant of the public as well as of his client.
3. The duties of trial lawyers.
4. Office work of lawyers.
5. The attitude of the public towards lawyers.
6. Advantages and disadvantages of legal practice in a big city (in a small
town, in a rural district).
7. The role of the Internet in legal education.
8. Mass media education programs.
9. Distance learning.
2. In groups of two or three discuss the structure of the legal profession in
Russia.
3. Look through the enumerated advantages and disadvantages in online
education. In groups of two or three discuss all of them and the possibility of
studying law on-line. Choose one person to make a presentation on behalf of
the whole group.
Advantages
1. The Internet does not restrict education geographically whereas face-toface education does. Because of distance learning, students who live in remote
areas will no longer have to travel great distances to get to classes or to access
educational materials.
2. With the use of electronic mail, students can maintain one-to-one correspondence with teachers. Prior to e-mail, students had to make appointments
with instructors, which oftentimes proved difficult as schedules differed.
39
Moreover, students can receive feedback from professors more quickly using
e-mail.
3. The Internet can be used to post answers to common questions asked by
students so that other students may benefit. It is also a convenient way to access a vast array of sources to facilitate assignments and essays. The World
Wide Web also offers instructors the option to create a classroom homepage
with information such as the course syllabus, exercises, and specific links to
other sites that directly relate to course content.
4. It is cheaper to teach with telecommunications.
Disadvantages
1. In distance education, the teacher does not have the traditional face-toface interaction with the student typical in traditional classroom settings. Resultantly, there is a need to design and implement special means for assigning,
guiding, and assessing student work.
2. In order to communicate with their students, teachers are frequently
forced to utilize sophisticated and expensive technological devices which are
not under their exclusive control and which often require special technical
knowledge that teachers might not fully possess.
3. A teacher’s syllabus, lectures, examinations, and other course materials
may be copied, recorded, or reused without his or her presence or permission.
4. The Internet tends to be time-consuming.
5. Distance education via the Internet is more costly than traditional forms
of education.
6. Many students are uncomfortable using computers.
7. Education at higher institutions has a more profound effect on students
than simply feeding them with information; students also learn about themselves and experience great personal growth. Distance learning does not enable
this opportunity for growth.
4. Compare the methods used in American and Russian education and say
if they could be applied online without any damage to the result?
American methods
Russian methods
Socrat dialogue, i.e. short review of Lecture
the existing laws followed by creative and critical analysis of its provisions
Seminar
Seminar
Anonymous written testing
Non-anonymous oral testing
40
V. Role Plays
1. Working in groups of two improvise a conversation according to the instructions given below.
Role 1: You are the head of a law firm. You are looking for an experienced lawyer. Ask a person who came to you to apply for a job about his work
history. Find out if he has a family, why he has left his previous place of work,
if he is computer-friendly and any other details you think you ought to know.
Role 2: You are a lawyer looking for a job. You had been working for a
law firm in another city for 5 years after graduating from a law school. You
married two months ago and moved to this city because your wife had strongly
objected to living in the previous place of residence. Answer all the questions
of the head of the law firm where you came to look for a job.
2. Form three groups. You are groups of people who are going to discuss
the possibilities of reducing negative effects of mass media. After you discuss
the issue in your own group make a presentation of your point of view. Speak
of the problems mass media present and the remedies you have.
Group I: Parents. Dwell on the following problems: 1) Advantages and
disadvantages of getting new information from TV programs and the Internet;
2) The Internet may be a dangerous place for children; 2) The best ways of
limiting your children’s exposure to televised violence and dangerous online
territories (monitoring YV and computer use, using V chips and other means
of blocking access to undesirable information).
Group II: Medical workers. Dwell on the following problems: 1) The risks
of exposing children to violence and pornography. Teaching children how they
should interpret what they see on TV and websites; 2) Installation of chips to
block certain programs; 3) The media responsibility before the society as a
whole for its impact of violence on youth; 4) Parents’ responsibilities.
Group III: Media literacy Educators. Advantages of using TV programs
and the Internet in education including the following: 1) We live in a mediated
environment. 2) Media literacy emphasizes critical thinking. 3) Being media
literate is part of being an educated citizen. 4) Media literacy promotes active
participation in a media-saturated environment. 5) Media education helps us to
understand communication technologies.
VI. Case Study
Read the following case and the questions which follow it. Make your decision as if you were an administrator of a higher school.
The library of a large university is connected to the Internet. The library
discovers that a student has defeated the user limit and regularly logs onto the
database as an extra user. What can the student be liable for?
41
WRITING
Filling out a Form (continued)
Curriculum Vitae
1. Study the following curriculum vitae.
CURRICULUM VITAE
Name: Samuel Hammond
Date of birth: 14.12.62
Marital status: divorced
Address: 4 Station Road London EC4Y 9AG
Nationality: British
Education
Qualification
Establishment
Dates
B.A. (French Linguistics) Oxford University
1986
Called to the Bar of the Inner Temple
1989
Work Experience
1989 — present: Instructor (full-time), the Inns of Court School of Law,
The Council of Legal Education, Gray's Inn, London WCI. Subjects taught:
Civil Procedure, Legal Opinion Writing and Drafting.
1991-1993: Instructor (part-time). The Law Department, The School of Economics: taught Civil Procedure and English Legal Institutions.
Language: English, French, some Spanish, German. Italian and Russian.
Professional Associations:
1989-1992: Founding member of the British-Russian Jurists' Association.
Referees: The Hon. Mr. Justice Holms, Chairman Designate, The Council
of Legal Education, Robert Smiles Esq., Barrister-at-Law, The Inns of Court
School of Law.
2. Fill out the following form:
CURRICULUM VITAE
Name:
Born:
Nationality:
Marital Status:
Dependents:
Telephone:
Studies:
Professional Qualifications:
Work History
Position:
Institution:
Dates:
42
LESSON THREE
GRAMMAR: Analysis of Complex Sentences.
WORD-BUILDING: Adjective Forming Suffixes (Revision).
READING AND ORAL SPEECH PRACTICE: Historical Background of Anglo-American Law.
CONVERSATIONAL FORMULAS: Ways of Asking for Points of View.
WRITING: Analyzing the Content of a Text.
GRAMMAR
The Analysis of Complex Sentences
Model: We must consider, first, the belief that law is an expression of
man's rational and moral nature and that any law must be interpreted in the
light of the rational and moral purposes which it is designed to fulfill.
Анализ следует начинать с конца предложения.
1. Сначала находим первое сказуемое – is designed to fulfill и его
подлежащее – it. Перед подлежащим стоит союз which, значит, это придаточное определительное (Attributive Clause).
2. Выделяем второе сказуемое – must be interpreted и его подлежащее – any law. Подлежащему предшествует союз that, а ему союз and.
Союз and – сочинительный, Следовательно, предложение относится к
тому же типу, что и предшествующее ему предложение.
3. Третье подлежащее – law, а его сказуемое – is an expression. Перед
подлежащим стоит союз that, а ему в свою очередь предшествует слово
belief. Следовательно, это придаточное предложение, так же как и последующее придаточное дополнительное (Object Clause).
4. Четвертое сказуемое – must consider, а подлежащее – we. Перед
подлежащим нет союза. Следовательно, это главное предложение.
Схема предложения:
S1 + P1 that S2 + Р2 and that S3 + Р3... n + which + S4 + Р4.
5. Если сложноподчиненное предложение начинается с союза или
союзного слова, за которым следует подлежащее и сказуемое, то это придаточное подлежащное, что видно по тому, что за ним следует глагол в
личной форме. Е. g.: What you say is not right. Схема предложения:
What + S1 + P1 + P2.
6. Если за глаголом-связкой следует придаточное предложение,
начинающееся с союза или союзного слова, оно выполняет функцию
именной части сказуемого. Такое придаточное предложение называется
придаточным предикативным. E.g.: The question is why he is absent. Схема
предложения: S1 + P1 + why + S2 + P2.
43
Exercises
1. Read and analyze the following sentences. Draw schemes reflecting
their structure.
1. Law helps us to be civilized because it states so many rules telling us
what we may or may not do. 2. If enough people agree that the positive law is
wrong, society can change or eliminate the positive law. 3. In an earlier period
most leading American jurists fully accepted the view that there is a "moral
law", or a "higher law", by which legislatures, courts and administrative officials are bound and which is superior to statutes, precedents, or custom. 4. Although the judicial power to annul unconstitutional acts of the legislature may
perhaps be justified without resort to a theory of a "law of nature", it is nevertheless significant that the judges who first invoked that power did accept such
a theory. 5. The natural-rights theory postulated the existence of fixed norms
and concepts by which legal rules were to be judged, whereas the earliest theory spoke in terms of the conformity of legal rules to broader and more flexible
standards of justice.
2. Analyze the following sentences containing Subject and Predicative
Clauses. Draw schemes reflecting their structure.
1. How people have acted and continued to act is an ethic influencing positive law. 2. How law is applied in court is very important. 3. What has happened to Mr. Adams is not the first time. We have come across such cases in
our practice rather often.4. This is what the professor spoke about at the last
lecture. 5. The fact is that many lawyers have come to view law primarily as an
instrument of social change, of "social engineering". 6. The common law is
only what the courts have made it.
3. Point out subordinate clauses joined to the principal clauses
asyndetically.
1. The law, like other intellectual products we impose on nature, is arranged in classes. 2. The lawyer, who represents the defendant in his criminal
case, said he had studied the case thoroughly. 3. The criminal defense attorney
believes the court shouldn't have convicted the youth, because the homemade
knife he was carrying was not a switchblade (автоматически открывающийся нож) as defined in the statute. 4. I am afraid the authors of the article focused on who is to blame and not on what to do about it. 5. The Assistant State
Attorney, who is prosecuting the case against the Smiths, said the defense attorney might be involved in several conflicts of interest that could harm his
clients' defense.
44
READING
TEXT 1
1. Read and translate the text paying special attention to the words and
word-combinations. Explain your choice.
HISTORICAL DEVELOPMENT OF LAW
IN GREAT BRITAIN AND THE USA
The common law of England, the body of customary law embodied in reports of decided cases, is in fact a Norman creation. It originated in the Middle Ages in the decisions of local courts which applied what Sir William
Blackstone, one of the prominent English jurists of the 18th century, called
"the custom of the realm from the time immemorial".
Before the Norman Conquest (1066) the Anglo-Saxons, especially after
the accession of Alfred the Great (871), developed a body of rules which resembled those being used by the Teutonic peoples of northern Europe. But the
Norman Conquest brought an end to the Saxon laws, except for some local
customs.
The main role in the development of common law was played by courts.
Before the Conquest, there existed two types. The head of the shire was an
earl. The earl's reeve, or the shire reeve (sheriff) managed the shire court and
supervised the lesser courts1.
"The Conquest brought another kind of local court. Anglo-Saxon England
had not been altogether feudal; the Norman system was. Each lord had his
court. The privilege of holding court was an important incident of feudal tenure. For one thing, the power to adjudicate was then the principal expression
of political authority, not, as now, just one of three. For another, it was an
important source of income"2.
The Anglo-Saxons had no royal courts. In the last half of the 12th century
the king of England and Normandy, Henry II, introduced litigation in the royal
courts as a "substitute for private wars..."3. Thus, "he made it clear to Englishmen that most of the law, the important law, would issue from a single source,
from a government strong enough and bright enough to render it large in their
lives. It would operate throughout the land. The common law took hold. With
it the jury system"4.
"Another English adaptation of medieval Western legal ideas and procedures was the development by the Chancellor of special rules and procedures
called 'equity' "5. It is clear that single legal rules cannot be formed to deal
with all possible cases. The mechanical application of rules can sometimes
result in injustice. "In the fourteenth and fifteenth centuries the king's courts
became rigid and narrow in their interpretation of their own functions and
their own rules. The Chancellor, who next to the King was the most important
45
official in the country, then set up a special office to hear grievances which the
King's regular courts could not or would not handle adequately"6. Gradually,
the Chancellor's jurisdiction developed into the Court of Chancery, whose
function was to administer equity.
Besides common law and equity, statutory law also developed in England.
The term "statute" is usually applied to written law, to the acts of legislative or
law-making body, whether Congress or Parliament, or other assembly of representatives charged with the enactment of general rules of conduct which are
binding upon the inhabitants of the state. There was written law in England
before Parliament came into existence, as the collections of laws going under
the names of the kings of pre-Norman or Anglo-Saxon period indicate.
In the 13th century statutes of Edward I, who has been called the English
Justinian, greatly amended the unwritten common law: they limited the jurisdiction of local courts, liberalized appeals to high circuit courts, improved the
law of administration of assets on death, etc. The Tudors made use of proclamations by the king to invoke emergency measures, and to establish detailed
regulations, especially in economic matters.
The English settlers on the Atlantic Seaboard of North America brought
with them the English legal tradition. But the English law of that time was illadapted to the conditions of the New World. Innovations made by the American judges and legislators are great. That is why the lawyers say that Great
Britain and the U.S.A. are "the two countries separated by common law."
Common law was formally adopted in all the original States of the Union.
Louisiana, where the 'Code Napoleon' prevailed at the time of its admission to
statehood, is an exception.
In the first 75 years of the history of the U.S.A. "American judges, jurists,
and legislators were able to develop out of the received English law a body of
legal institutions and doctrines which reflected the social life of the new
American polity – an American law."7 The greatest difference is found in the
sphere of public law. Great Britain has no written constitution and no judicial
review, whereas every court in the U.S.A. has the power to pass judgement on
the conformity of legislation and other official actions to constitutional norms.
Many areas of U.S. law have been "constitutionalized".
There are many other specific features in the American legal system,
which were established due to the great economic, political, and social changes
that took place during the history of the country's development.
Notes: 1 Rembar Ch. The Law of the Land. N.Y., 1980, p. 68.
2
Ibid, p. 69.
3
Ibid, p. 58.
4
Ibid, p. 144.
46
5
Berman, Harold J. The Historical Background of American Law // Talks
on American Law, N.Y., 1971, pp. 6-7.
6
Ibid, p. 7.
7
Ibid, p. 13.
2. Give the Russian for:
the custom of the realm, accession, a body of rules, communal courts,
shire court, earl, shire reeve, lesser courts, the privilege of holding court, feudal tenure, power to adjudicate, source, jury system, grievances, Court of
Chancery, to administer equity, enactment of general rules of conduct, collection of laws, circuit courts, administration of assets on death, emergency
measures, statehood, to pass judgement
3. Give the English for:
общее право, право справедливости, статутное право, обычное право,
местные суды, королевские суды, местные обычаи, завоевание, источник
дохода, справедливость, несправедливость, писаное право, законодательный орган, законодатель, институты права, публичное право, соответствие законодательства конституционным нормам, правовая система
4. Translate the words in brackets.
1. Even as the common law actions enlarged in scope, large (области) of
legal right remained beyond their reach. 2. Many of the basic (правовых идей)
of American law were freed from medieval survivals. 3. The king's court in the
11th century did not (отправлял правосудие) generally throughout the country. 4. (Местные суды), feudal or communal, did not use a jury. 5. Until the
late 19th century English (общее право) continued to be developed primarily
by (судьями) rather than (законодателями). 6. The term "statute" is commonly (применяется) to the acts of а (законодательного органа).
5. Translate the following sentences:
to handle
1. Some lawyers handle cases of individuals charged with crime. 2. I cannot handle this child. 3. I am sure he will handle this job. 4. Ask him to handle
the situation.
to set up
1. That lawyer set up his practice here not long ago. 2. New agencies have
been set up to provide legal service for the public. 3. A special committee was
set up to examine the problems of crime.
to deal with
1. Professor Smith's new book deals with the problems of crime. 2. We've
been dealing with this firm for five years. 3. This official deals with all the
complaints.
47
6. Make up word-combinations and use them in sentences of your own.
c) to deal with
offences
b) to set up a legal firm
problems
a committee
that firm
7. Form adjectives with the help of the following suffixes. Translate the
derivatives into Russian.
-able (-ible): reason, to understand, to recommend, to justify, to accept
-al (-ical): nation, nature, history, practice, ideology, tradition, psychology, judge, constitution, memory, commune, origin
-an (-ian): Italy, Russia, Austria, America, Hungary, Bulgaria, Canada,
Florida, Nevada
-ant/-ent: to dominate, to differ, to import
-ary/-ory: parliament, example, element, evolution, reaction, custom,
statute
-ed: colour, uniform, talent, experience
-ern: south, north
-ful: fear, truth, law, help
-ic: class, democrat, diplomat, base, philosophy, economy
-ist: real, capital, positive
-ive: to collect, to illustrate, to execute, to regulate, to express, to administrate, to legislate
-less: spirit, law, end, help, life, motive
-ly: body, cost, elder
-ous: fame, religion, danger, victory, murder
8. Look through text A once again. Make up as many questions as you can
based on it. Ask your group-mates to answer them.
TEXT 2
1. Memorize the following words and word-combinations.
juvenile – несовершеннолетний
juvenile court – ювенальный суд; суд особой юрисдикции,
рассматривающий дела несовершеннолетних преступников
concur – соглашаться
dissent – расходиться во мнениях; заявлять особое мнение
reverse the judgement – отменять судебное решение
turncock – человек, распределяющий воду по магистралям
abscond – скрываться от правосудия
embezzlement – присвоение имущества, растрата
48
2. Read the following international words and give their Russian
equivalents. Consult a dictionary if necessary.
number, appeal, to arrange, procedure, commercial, region, section, publication, to identify, code, private, statute, report, law, act
3. Translate the family words.
rule – to rule – ruling – to overrule, to appeal – appellate, similar – similarly, justice – multi-justice
4. Give the Russian for.
judge-made, decision-making, case-law
5. Read the text. Put down the facts, which are most interesting from your
point of view. Say how one can use this information.
FINDING THE LAW
As far as common law is judge-made it comes into force through the rulings of the courts. In the U.S.A. a judge hears a case and announces his decisions. He may also provide his or her opinion for one party's prevailing over
the other, but he is not obliged to provide an opinion. This is due to the fact
that the courts have to speed up the procedure of decision-making. Thus, the
judges of juvenile courts, traffic courts, small claims courts do not write opinions in cases. A number of courts do write opinions (federal courts of appeal,
the U.S. Supreme Court, etc.).
Written opinions of judges are compiled in a set of books called reporters.
Each court system has its own reporter. For example, the U.S. Supreme Court
opinions are published in three different sets of reporters (United States Reports, the Supreme Court Reporter, Lawyers Edition). Different states' appellate courts and federal courts publish their own reporters.
There are also regional reporters which report state appellate opinions for
seven geographic regions: Pacific, North Western, South Western, North Eastern, Atlantic South, South Eastern, and Southern. A case is located in a reporter in the following way: 1) the names of parties in the lawsuit; 2) court deciding the case, 3) date the opinion was announced; 4) cite. E.g.: HYNES v. NEW
YORK CENT. R.CO. Court of Appeals of New York, May 31, 1921 231 N.Y.
229,131 N.E. 898.
The numbers and letters that make up the case cite mean the following:
the 231 stands for the volume number of the reporter, N.Y. stands for the New
York Reports, the 229 stands for the page number in the volume mentioned
(231). Similarly the 131 refers to the volume number of the regional reporter,
N.E. stands for North Eastern, the 898 refers to the page number of the volume
(131). The case parts mentioned above are followed by 1) the last name of the
judge who wrote the opinion; 2) the text of the opinion, which contains case
facts, rules, the result. If a case was decided by a multi-justice court the text of
49
the opinion is followed by the names of other Justices. E.g.: HOGAN, POUND
and CRANE, JJ., concur. HISCOCK, C.J., and CHASE and McLAUGHLIN.
JJ., dissent. The letter J. stands for "justice". There may be reports of concurring or dissenting opinions after the court's main opinion.
Judgements of the lower courts may be either affirmed or reversed by the
appellate court. If the judgement is affirmed, it means that the appellate court
agrees with the lower court's decision. If it is reversed, it means that the appellate court disagrees with the lower court's decision. The case result is written
after the text of the opinion and the names of the judges of a multi-justice
court. E.g.: Judgement reversed.
In Great Britain the law reports are contained in different publications:
New Law Journal, Family Law, The Times, etc. Until 1870 all law reports
were privately published by barristers by whose names the reports were identified. E.g.: CI.&Fin. stands for CLARK AND FINNELY'S REPORTS. At present, besides private reports (e.g.: All E.R. – All England Reports published by
Butterworths), there are "official" reports published by the Incorporated Council for Law Reporting.
In the reports, cases are cited in the following way: R. v. Smith [1959] 2
All E.R. 193, where the name of the plaintiff (R. – Rex or Regina) comes first.
The second name (Smith) is the name of the defendant. [1959] stands for the
year of the report, 2 stands for the number of the volume of All England Reports, 193 is the number of the page. These parts of the case are followed by
the text of the opinion. E.g.: R. v. CREED [1843] 1 C.&K. 63.
The collector of a water company gave to the prisoner, who was the turncock, authority to receive from three persons the amounts due from them for
water rents. The next day the collector asked the prisoner if he had received
the amounts, when he said that he had and would pay them over the next day,
instead of which he absconded. Held, no embezzlement.
ERSKINE, J. – If the prisoner rendered a true account of the money he
had received, it is no embezzlement; if he had received these sums, and had
rendered an account in which the sums were omitted, it would be evidence to
show that he had embezzled the amount.
Statute law in the U.S.A. is found in the codes. Codes are arranged according to subject matter called titles (commercial law, domestic law, etc.).
Each title contains a number of sections which are subdivided into subsections.
Most agency regulations are contained in the Code of Federal Regulations
(C.F.R.). This code is arranged in the same way as statutory codes. The C.F.R.
is revised annually. In Great Britain Acts of Parliament are the supreme source
of law. Acts of Parliament can overrule earlier Acts, custom or case-law.
6. Complete the following chart showing the location and structure of a
case in American Reporters.
50
1. Names of parties in the lawsuit.
2. ...
3. Date the opinion was announced.
4. ...
5. Last name ...
6. ...
7. Say what you have learned from the text about:
a) different types of the reporters in the U.S.A. and Great Britain; b) the
location of a case in a reporter; c) the codes.
8. Say: a) where the laws of the Russian Federation are found;b) how the
codes of the Russian Federation are structured.
TEXT 3
1. The issue of sources of law is crucial for differentiation of legal systems. So you are offered to do several exercises in order to understand the
notion of the sources of law.
a) Comment on the scheme showing the primacy of law sources in AngloAmerican and Romano-Germanic legal families.
Romano-Germanic (civil) law
Obligatory (normative)
Non-obligatory (substandard)
1. Constitution (the main law)
9. Judicial precedents
2. International contracts
10. Scientific and practical com3. Codes
ments on doctrines
4. By-laws
11. Foreign countries’ laws
5. Customary law (some analogy of 12. Foreign courts’ decisions
equity in Anglo-American law)
6. Judicial law
13. Judicial practice
7. General legal principles
8. Private legal transactions
English common law
Obligatory (normative)
Non-obligatory (substandard)
1. Judicial precedent
13. Books of authority
2. Statutes
14. Foreign countries’ laws
3. By-laws
15. Obiter dictum
4. Convention
16. Foreign courts’ decisions
5. Law merchant
17. Judicial practice
6. International contracts
51
7. Custom
8. Equity
9. Royal prerogative
10. Canon law
11. Reason/natural law
12. Private legal transactions
American common law
Obligatory (normative)
Non-obligatory (substandard)
1. Constitution
9. Scientific and practical com2. Judicial precedent
ments on doctrines
3. Statutes
10. Foreign countries’ laws
4. By-laws
11. Obiter dictum
5. Equity
12. Foreign courts’ decisions
6. Law merchant
13. Judicial practice
7. International contracts
8. Private legal transactions
b) Answer the following questions.
1. What does the term the "sources of law” mean? 2. What are the sources
of law in the civil/common law tradition? 3. What is the place of judicial decisions in the civil law tradition as compared to those in the common law tradition? 4. What approaches do judges in the civil law tradition use in interpreting
legislation?
c) Make your own scheme covering the sources of Russian law. Keep in
mind their priority.
2. Read the title of the text and speak about legal problems it may deal with.
3. Read the text and:
a) say, whether it deals with the following aspects of the problem:
Codes of laws.
The role of statutes in common law.
Codification of the law in Russia.
The USA Uniform Commercial Code.
Napoleon’s Code.
b) point out paragraphs covering the following aspects .
Differences between the traditions of civil and common law.
Characteristic features of codification of the law in the US and civil law
countries.
Private organizations of lawyers.
52
SOME DIFFERENCES BETWEEN COMMON AND CIVIL LAW
The traditions of common and civil law hold much in common. Both are
products of Western civilization and share its cultural and ethical heritage.
However, important differences existed – and still exist, though to a lesser degree — between the two traditions. The difference respects the manner in
which the authoritative starting points for legal reasoning are set out. In Civil
Law, these are contained in legislation which, when general rules and norms of
private law are in question, takes the form of a code. In Common Law, in earlier periods, starting points for legal reasoning were found in judicial decisions
and, to a much lesser extent, in statutes. Today, statutes play a larger role than
in the past, but judicial decisions remain of central importance.
A second difference concerns the style of legal analysis and thinking. Although various forces have today reduced the differences between the two traditions, civilian jurists still state legal propositions more abstractly and systematically than do jurists in the Common Law tradition. Moreover, civilians also
generally place greater value than do Common Law jurists on coherence,
structure, and high-level generalization. The latter proceed in a more factspecific fashion, typically reasoning from the interests and values at stake in
concrete situations rather than from the accommodation of interests and values
crystallized in generalized rules and principles. Overall, the Common Law
accordingly tends to place less weight on administrability and predictability
than does Civil Law.
In Civil Law systems, traditionally, the most important form taken by legislation in the area of private law is the code. In conception and style, codes are
emanations of the legal science that developed over the centuries in continental
European universities. Codes exhibit qualities of comprehensiveness, highlevel generality, and internal coherence. In Common Law, on the other hand,
statutes were seen as remedying a particular mischief; accordingly, they did
not provide a basis for reasoning by analogy. Civil Law’s ideal of codification
has, however, not been without attraction for American jurists. A movement
for codification emerged in the Effect of the Human Rights Bill.
But it should be emphasized that the essence of codification in civil law
countries and the USA is rather different. Civil Code’s provisions in the USA
are to be regarded as merely declaratory of Common Law and equitable rules
and doctrines except where a clear intent to depart from them is discernible. As
many questions did not receive explicit answers in the Code, it could not constitute the primary source of the law of private rights.
Nevertheless, many states of the United States have today so-called codes;
these are, for the most part, treated like statutes. Moreover, even in legislation
such as the Uniform Commercial Code, one does not find the systematic structure and the relatively high degree of generalization and conceptualization typ-
53
ical of codes in Civil-Law systems. In contemporary American judicial thinking, only modest movement has occurred in the direction of viewing “codes”
as fresh starts rather than mere compilations, systematizations, and declarations of judicially established propositions. There is, however, one route
through which the style of thought and presentation embodied in Civil-Law
codes has achieved some acceptance by American jurists. The American federal system, with its private-law diversity, has called forth what can be seen as
a kind of unofficial codification, namely, the Restatements of the Law.
TEXT 4
1. Memorize the following words.
persuasive – зд. побудительный
recur – повторяться; происходить вновь
curtail – сокращать, урезать
voidable – оспоримый, могущий быть аннулированным
2. Read about the techniques of legal reasoning and legal argument. Say
what the main features of these techniques are.
While you are reading try to formulate the definitions of the following
terms: a) ratio dicidendi; b) obiter dicta; c) at bar; d) binding precedent; e)
non-binding precedent.
LEGAL REASONING AND LEGAL ARGUMENT
It gives away no secret to observe that lawyers have their own unique discipline and approach to the resolution of legal problems. Not surprisingly,
there are laws about determining the law. One of the most important of these
laws is the law of precedent or stare decisis. Basically, under the doctrine of
stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction.
The decision of a court of another jurisdiction only acts as persuasive authority. The degree of persuasiveness is dependent upon various factors, including,
first, the nature of the other jurisdiction. Second, the degree of persuasiveness
is dependent upon the level of court which decided the precedent case in the
other jurisdiction. Other factors include the date of the precedent case, because
it is assumed that the more recent the case is, the more reliable it will be as
authority for a given proposition, although this is not necessarily so. And on
some occasions, the judge's reputation may affect the degree of persuasiveness
of the authority.
What the doctrine of precedent declares is that cases must be decided the
same way when their material facts are the same. Obviously it does not require
that all the facts should be the same. We know that in the flux of life all the
54
facts of a case will never recur, but the legally material facts may recur and it
is with these that the doctrine is concerned.
The lawyer will be appearing before a particular court and the first thing
that the lawyer must do is to note the rank of that court in the hierarchy of
courts. This is necessary for two reasons: first, because a higher ranking court
is not bound to follow the decision of a lower court and second, because some
courts do not apply the rule of stare decisis with respect to their own prior decisions.
Legal argument when there is a precedent
Thus noting the court ranking of the judge before whom the lawyer will be
appearing and guided by the doctrine of stare decisis, the lawyer will then prepare his or her argument. Usually, the best position for the lawyer occurs when
there is a precedent case supporting his or her client's case. The lawyer will
then argue that the court is either bound, or that the court, if not actually
bound, ought to be persuaded by the precedent case to find in the client's favour. In his or her research, the lawyer will therefore look for cases with results which support the client's position and will prepare to argue that the ratio
decidendi of those precedent cases covers the facts of the case at bar. However,
just locating and evaluating the prospects of precedent cases is not easy since it
is often difficult to determine and articulate the authority of a case. Moreover,
skill is necessary to analyze and organize the material facts of both the precedent case and the case at bar. That said, more difficult problems of legal reasoning and legal argument occur when the lawyer is unable to find a close case
or any case at all or, worse yet, when a case presents itself which appears to be
unfavourable. How does the lawyer deal with these problems?
To get around an apparently unfavourable case, there are a number of
tools and techniques available to the lawyer. The lawyer may not simply ignore the unfavourable case and hope that the other side does not discover the
authority. This is unethical and with respect it may be submitted that it is also
unethical and intellectually dishonest for a judge in deciding a case to simply
ignore a precedent case which stands in the way of the decision that the judge
wants to make. This is not to say that lawyers and judges must deal with every
case that remotely touches on a subject but only that there should be an honest
effort to play by the rules.
The techniques that are available follow as a consequence of accepting
and then manipulating the doctrine of stare decisis. The techniques structure
and direct the lawyer's legal reasoning and argument. The following are generally recognized:
• The lawyer can argue that the precedent case does not stand for the
legal proposition for which it has been cited. In other words, the lawyer articulates the ratio decidendi of the case differently.
55
• The lawyer can argue that while the precedent case does articulate the
legal proposition for which it has been cited, nevertheless the proposition was
obiter dicta (things said by the way). Subject to an exception for considered
pronouncements of the law by appellate courts, comments by the judge which
are not part of the ratio decidendi are obiter dicta and are theoretically not
binding in a subsequent case.
• The lawyer can argue that while the precedent case does stand for the
legal proposition for which it has been cited, the case has been effectively
overruled by a decision of a high court or by the introduction of a new statute.
• The lawyer can argue that while the precedent case does stand for the
legal proposition for which it has been cited, the case at bar is different; that is,
the cases are factually distinguishable. Glanville Williams suggests that there
are two kinds of "distinguishing": restrictive and non-restrictive:
Non-restrictive distinguishing occurs where a court accepts the expressed
ratio decidendi of the earlier case, and does not seek to curtail it, but finds that
the case before it does not fall within this ratio decidendi because of some material difference of fact. Restrictive distinguishing cuts down the expressed
ratio decidendi of the earlier case by treating as material to the earlier decision
some fact, present in the earlier case, which the earlier court regarded as immaterial.
Where the case being relied upon has a built in public policy factor, the
lawyer who wishes to distinguish the case may argue that public policy has
changed and while the legal principle of the precedent case is still good law, it
is distinguishable because of the change of circumstances. The possibility of
this type of argument was noted in the case of Nordenfelt v. Maxim Nordenfelt
Guns and Ammunition Co., an important case with respect to the principle that
contracts in restraint of trade may be voidable on grounds of public policy.
• The lawyer can argue that while the precedent case does stand for the
legal proposition for which it has been cited, there is another precedent of
equal weight which stands for the opposite proposition. The lawyer then goes
on to argue that it is that other case which the court should follow. Where there
are conflicting decisions of equal weight the court should follow the more recent decision or the lower court judge may follow the decision which commends itself most to him.
Legal argument when there is no precedent
Where a lawyer cannot find a binding precedent, he or she may rely on a
non-binding precedent from another jurisdiction. While not obliged to do so,
the court may be impressed with or be persuaded by the reasoning and be prepared to adopt the rule established by the foreign case. However, care must be
taken in employing this technique because it often necessitates reviewing the
foreign law to determine whether there may be underlying differences in prin-
56
ciples which qualify or which may diminish the persuasiveness of the foreign
case. For example, decisions on the American Bill of Rights will obviously be
important and helpful in interpreting Canadian Charter of Rights and Freedoms.
Where a lawyer cannot find a binding precedent, he or she may form a legal argument from first principles. This approach identifies legal principles
from decided cases and argues that while the factual circumstances of the cases
may appear different, analytically they are the same. This kind of legal argument is often used with respect to determining the measure of damages. For
example, without any reference to its particular facts, Wertheim v. Chicoutimi
Pulp Co. is often cited as authority for the legal principle that where there is a
breach of contract then as far as money can do so, the injured party is to be
placed in as good a position as if the contract had been performed. The general
principle is then applied to the particular facts of the immediate case. Where a
lawyer cannot find a precedent, he or she can go beyond first principles and
instead develop an argument that the decided cases have evolved to a general
principle which covers the immediate case1.
Notes: 1Perell P. Stare decisis and techniques of legal reasoning and legal
argument. 1987.
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Agree with the statements.
Model. A: Common law principles are sometimes regarded as a kind of
law of nature – a natural law.
B: It is known that common law principles are sometimes regarded as a kind of law of nature – a natural law.
Prompts: 1. The American judge comes to office typically after a successful career in legal practice. 2. The title "Judge" is considered a title of special honour. 3. In the U.S.A. the judiciary is not a civil service but an independent branch of government. 4. Political conflicts often cannot be settled by
legislation. 5. The natural-rights theory postulates the existence of fixed norms
and concepts by which legal rules are judged.
2. Doubt the following statements:
Model. A: The sitting of the committee will begin at 5 o'clock.
B: I'm not sure that the sitting of the committee will begin at 5
o'clock.
Prompts: 1. The basic concepts of his report will be discussed tomorrow.
2. The court will arrive at a decision today. 3. Various kinds of individual and
group interests will be balanced at the negotiations. 4. Legal concepts and rules
57
can be viewed in isolation from their social contexts. 5. It is necessary to focus
on this problem today.
3. Say you are not interested in the facts your colleague is going to tell
you about.
Model. A: I thought you might like to know the reason of his coming.
B: Why he came here doesn't interest me very much.
Prompts: 1. I thought you might like to know what he said at the negotiations. 2. I thought you might like to know how he viewed the problem. 3. I
thought you might like to know what effect he produced on the audience. 4. I
thought you might like to know what he thought about it. 5. I thought you
might like to know why I had been speaking to him for half an hour.
4. Make sure you and your colleague are speaking about one and the
same person (thing).
Model 1. A: Do you know that man?
B: Do you mean the man who is speaking to Mr. Parker?
Prompts:
A:
B:
to know that young lady
to sit next to Mr. Smith
to know that professor
to deliver the report
to know that lawyer
to consult Mrs. White
to know that young man
to sign the contract
to know that young woman
to read "The Times"
Model 2. A: Have you read that book?
B: Do you mean the book (which) you gave me yesterday?
Prompts:
A:
B:
to read the report
you – to prepare – yesterday
to look through the article
he – to give me – two days ago
to sign the contract
we – to discuss – last week
to read the journal
you – to bring me – last night
5. Combine two sentences into one according to the model.
Model 1. A: American lawyers resisted a comprehensive codification of
law in the European sense. But the late 19th and early 20th centuries were the
time of systematic formulation of legal norms.
В: Although American lawyers resisted a comprehensive codification of law in the European sense, the late 19th and early 20th centuries were
the time of systematic formulation of legal norms.
Prompts: 1. The struggle between positivist and natural law conceptions
has dominated American legal thinking. But there have been other intellectual
developments, which also left their mark on American legal institutions. 2. The
58
American legal system is largely derived from England. But American lawyers
have not followed the English practice in the organization of the legal profession. 3. Large legal firms play an important part in the American legal profession. But they are not very typical of the U.S.A. 4. Courtroom work is very
important in legal practice. But it has come to represent only a small portion of
the work done by lawyers. 5. Lawyers make their living from private practice,
for the most part. But they also have important public responsibility.
Model 2. A: The U.S.A. is a very large and complicated country. The organization of lawyers is also rather involved.
B: Since the U.S.A. is a very large and complicated country, the organization of lawyers is also rather involved.
Prompts: 1. The foundations of the law of England and America are
judge-made. There is a large historical ingredient in legal thinking. 2. He had a
certain talent for scientific work. The professor encouraged him to write a report on modern legal philosophies. 3. Lawyers fill many appointive offices in
federal, state, and local governments. It is a matter of first importance that
lawyers should have broad training. 4. The public knows little about what an
ordinary lawyer is doing. He is often unappreciated by the general run of people in the community.
Model 3. A: You should plan the project carefully. You will reduce the
inefficiencies in your work.
B: If you plan the project carefully, you will reduce the inefficiencies in
your work.
Prompts: 1. You should produce legal service to clients at lower cost.
You will be able to develop more work. 2. You should control working hours
of the clerks. They will be more efficient. 3. You should use computers in producing legal service. The quality of your work will be better. 4. You should
introduce a quality control system in your law firm. It will create a competitive
advantage. 5. You should plan projects ahead. You will have less chance of
surprise.
II. Conversational Formulas
Ways of Asking for Points of View
a) Addressing a Person
What do you think of/about...?
What (how) do you feel about...?
Что вы думаете о...?
What are your feelings about...?
What's your opinion of/about...?
What's your view on...?
Каково ваше мнение о...?
What are your views on...?
59
b) Addressing a Group of People
Has anybody any strong feeling У кого есть мнения на этот счет?
about/views on this...?
Any reaction to that?
Has anybody any comments to Кто-нибудь хочет высказаться?
make?
I'm sure that...
I'm convinced that…
Possible Replies
Я уверен, что...
I feel quite sure that...
It's perfectly clear to me that...
I think/believe/feel that...
It seems to me that...
I agree (with you)
I'm in complete agreement.
I quite agree.
I couldn't agree more.
Yes.
Yes, definitely.
Indeed.
Certainly.
Exactly.
Precisely.
(That's) true.
That's right.
(I think) you're right.
Quite.
Absolutely.
I disagree (with you).
I don't agree (with you).
That's not how I see it.
(I think) you're wrong.
I disagree completely.
That's out of question.
On the contrary.
Of course not!
I don't know about that.
In my opinion...
To my mind...
Я совершенно уверен, что...
Мне совершенно ясно, что…
Я думаю (полагаю), что...
Мне кажется, что...
Я согласен с вами.
Я полностью согласен.
Да.
Определенно да.
Конечно.
Точно.
(Это)правда.
(Думаю) вы правы.
Совершенно верно.
Я не согласен с вами.
Я так не думаю.
(Думаю) вы не правы.
Я полностью не согласен.
Это исключено.
Наоборот.
Конечно же, нет!
Я об этом ничего не знаю.
По-моему...
60
Exercises
1. Read the following flashes of conversation.
1.
A: What do you think about his report on the history of law in England?
B: I think it was most interesting. And what's your opinion about it?
A: It seems to me that he failed to give some important details.
2.
A: What's your opinion of his article "Modern Trends in the Philosophy of
Law"?
B: I think it's descriptive rather than theoretic.
3.
A: Has anybody any comments to make on the report you have heard?
B: It's perfectly clear to me that the speaker has carried out thorough scientific research.
C: Precisely.
A: Any other reaction to that?
D: I suppose Mr. B. is right saying that the research has been carried out
thoroughly, but in my opinion the author could have given more illustrative
material to support his point of view.
E: I agree.
4.
A: I'm convinced that his point of view won't be supported by the majority
of the committee.
B: I wouldn't say that. I feel quite sure that the committee will support his
point of view. His ideas are well-grounded.
5.
A: I feel that this project could be very interesting for our firm.
B: Sure, but it's rather risky.
A: Risky? But if everything is O.K., we'll make a good.
B: That's true. But we should consult a lawyer first.
A: You mean that everything must be correct from the legal point of view, eh?
B: Absolutely.
A: I think you are right. Let's ask Mr. Simpson to study the draft contract.
B: That's out of the question. He hasn't had much experience yet. I think
we should ask Mr. Elton to do it.
A: I'll agree to that.
6.
A: What do you feel about his idea of organizing a conference "Modern
Society and Legal Philosophies"?
B: I believe it's not a bad idea.
C: So do I.
61
7.
A: What do you think about the problems professor Parker mentioned in
his report?
B: To my mind all of them are vital for legal practice.
2. Working in pairs make up dialogues similar to those in exercise 1.
a) Ask your colleague's opinion on the article you have read; b) ask your
colleague about the impression the lecturer from the U.S.A. produced on him;
c) ask your colleague's opinion about the latest political events.
III. Polylogue
1. Read the polylogue.
Richard Wolfson, a Law School professor at the University of Wisconsin
came to Russia to lecture on history of Anglo-American law. After the lecture
students asked him questions.
Vera: I think that everything you told us about Anglo-American law, its
history and development, was most interesting and useful for us. You told us
that there were great differences between the law of England and the American
law. As far as I understood, these differences are stipulated by the presence of
the written Constitution in your country.
R. Wolfson: Right. Courts in our country can nullify Acts of Congress
and actions of the Executive and State governments if they find them inconsistent with the Constitution.
Boris: Can't this happen in Great Britain?
R. Wolfson: No.
Svetlana: It seems to me that it's time to speak about two legal systems:
the British and the American.
R. Wolfson: I don’t think so. Our legal system is the imported law of
England which developed separately but not altogether separately. Our judges
made use of English precedents which are still cited in courts. The roots of our
legal system are English.
2. Say why we cannot speak about two different legal systems of the
U.S.A. and Great Britain.
IV. Topics for Discussion
1. Speak about the following issues.
1. Sources of law (customs, precedents, statutes).
2. Origins of law in Russia.
2. Read the following extract from the Constitution of the United States of
America. Comment on the term “the body of law.”
62
“The whole body of "law" in the United States is composed of rules or
laws made by legislative bodies (Congress, state legislatures, city councils,
etc.), of regulations that are established to implement (or administer) legislation, and of decisions of courts at various levels when people challenge or
question the law or its implementation. The Constitution of the United States
provides the framework for all of our laws, and is the most fundamental statement of the rules which govern our society.”
3. Sat whether the law in Russia is codified or not. What principles could
be called binding for Russian courts?
V. Case Study
Define what technique was used by the court in the following instances.
Suspension points stand for a certain technique. Keep in mind ideas described
in text 4 of this lesson.
a) An example of ... may be noted in the House of Lords decision in Peabody Fund v. Sir Lindsay Parkinson Ltd., where the Court restricted the application of Anns v. Merton London Borough. The Anns case is cited as authority
for the proposition that a municipality may be liable in negligence where it
fails to properly inspect building plans. In the Peabody Fund case, by defining
the duty of the municipality as being owed to owners and occupiers threatened
with the possibility of injury to safety or health, the House of Lords specified
and made less general the scope of the municipality's responsibility as it had
been defined in the Anns case. In the result, the Court did not allow a claim by
the developer of a housing project who suffered damages when the municipality's drainage inspector failed to point out that the drainage system was not being installed in accordance with the approved design. Thus, in Peabody Fund
the element of … is the introduction of the requirement of the possibility of
injury to safety or health.
b) An example of … may be noted in the Supreme Court of Canada decision in Town of the Pas v. Porky Packers Ltd. In this case, the Court noted that
the authority of Hedley Byrne Co. Ltd. v. Heller required the plaintiff in a negligent misrepresentation claim to show that he relied on the skill and judgment
of the party from whom he had received incorrect information. In the Porky
Packers case the plaintiff had received incorrect zoning advice from municipal
officials but the plaintiff's representative was a former municipal council
member who had more expertise in planning matters than the officials. In these
circumstances, there could be no reliance and the doctrine or authority of
Hedley Byrne by its own criteria was not available. The plaintiff's claim was
dismissed. The material fact of the plaintiff's lack of reliance provided the element for … of Hedley Byrne.
63
VI. Role Play
Consider the arguments for and against following up with the previously
decided cases. Use the ideas given in the extracts below. You may also use
some additional material to prove your point of view. Then divide into two
groups according to the point of view you share and debate the problem.
a) It will not do to decide the same question one way between one set of
litigants and the opposite way between another. If a group of cases involves
the same point, the parties expect the same decision. It would be a gross injustice to decide alternate cases on opposite principles. If a case was decided
against me yesterday when I was a defendant, I shall look for the same judgment today if I am plaintiff. To decide differently would raise a feeling of resentment and wrong; it would be an infringement, material and moral, of my
rights1. Adherence to precedent must then be the rule rather than the exception
if litigants are to have faith in the even-handed administration of justice in the
courts2.
b) The paradigm case of injustice is that in which there are two similar individuals in similar circumstances and one of them is treated better or worse
than the other. In this case, the cry of injustice rightly goes up against the responsible agent or group; and unless that agent or group can establish that
there is some relevant dissimilarity after all between the individuals concerned
and their circumstances, he or they will be guilty as charged 3.
c) Liberty to decide each case as you think right, without regard to principles laid down in previous similar cases, would only result in a completely
uncertain law in which no citizen would know his rights or liabilities until he
knew before what judge on his case would come to and could guess what view
that judge would take on a consideration of the matter, without any regard to
previous decisions4.
d) If lawyers hold to their precedents too closely, forgetful of the fundamental principles of truth and justice which they should serve, they may find
the whole edifice comes tumbling down about them. Just as the scientist seeks
for truth, so the lawyer should seek for justice. Just as the scientist takes his
instances and from them builds up his general propositions, so the lawyer
should take his precedents and from them build up his general principles. Just
as the propositions of the scientist fail to be modified when shown not to fit all
instances, or even discarded when shown in error, so the principles of the lawyer should be modified when found to be unsuited to the times or discarded
when found to work injustice5.
Notes: 1Miller W.G. The Data of Jurisprudence. P. 335.
2
Cardozo B. The Nature of the Judicial Process. Yale, 1921.
3
Frankena W.K. (American philosopher) Ethics. Englewood Cliffs, 1973.
P. 49.
64
4
Sweney v. The Department of Highways, Middleton J.A. for the Ontario
Court of Appeal.
5
Rt. Hon. Lord Denning The discipline of the law. London, 1979. p. 292.
WRITING
Analyzing the Content of a Text
1. The following chart can be helpful in analyzing the content of a text (article, etc.).
Analysis Chart
Question
Answer Explanation
1. Is the article interesting?Yes (No) for you?
2. What is the author’s main idea?
3. What do you think is the purpose of the
article?
4. Does the article touch upon vital problems?
5. Was the subject explained clearly?
6. Does the article describe events, actions the
people undertake, etc.?
7. Do any of the author’s points of view need
more explanation?
8. Did you learn anything new from the article?
9. Were there any aspects that made a strong
impression on you?
10. Do you feel the author knows well the subject he dwells upon?
11. Did the author use clear and understandable
language?
12. Would you recommend your fellow students to read this article?
2. Choose a newspaper or magazine article dealing with a legal problem.
Analyze it in writing using the chart presented above.
65
LESSON FOUR
GRAMMAR: 1. The Forms of the Infinitives (Revision).
2. Modals (Revision).
3. Negatives.
WORD-BUILDING: 1. Compound Adverbs and Conjunctions.
2. Verb-forming Prefixes (Revision).
READING AND ORAL SPEECH PRACTICE: Constitutional Law. Human
Rights. Rights of Youth.
CONVERSATIONAL FORMULAS: Saying What Is Important, Obligatory or
Desirable to Do.
WRITING: Structuring a Review.
GRAMMAR
The Forms of the Infinitive
Forms
Active
Indefinite
Passive
Continuous
Indefinite
Non-perfect to write – писать, to be writing –
написать (вооб- (все еще) писать
ще)
Perfect
to be written –
быть
написанным (вообще)
to have written – to have been to have been
писать, написать writing – писать written
–
(до
чего-н., (уже
раньше чего-н.) еще)
или
все быть написанным (до
чего-н.,
раньше чего-н.
Modals
Present
Past
can
must
may
could
–
might
Future
го-н.) –
–
–
66
Continuous
_
_
Substitutes of can, may, must
can
may
to be able (to) –
быть в состоянии, мочь
must
to be allowed (to) –
иметь разрешение
to have (got) (to) –
быть вынужденным
to be (to) – быть обязанным (в силу договоренности)
Other Modal Verbs
Verb
ought (to)
Example
You ought to be more
careful.
shall
You ought to have been
more careful.
You should do it. You
should have done it.
You shall do it.
will
I will help him.
should
Will you do me a favour?
would
Would you mind opening
the window?
need
You need not do it.
Notes
Употребляется для выражения
настоящего (с неперфектным инфинитивом) и прошедшего времени
(с перфектным инфинитивом).
Приближается по значению к ought.
Употребляется во всех лицах и
означает не только и не столько
будущее время, сколько долженствование.
В 1 лице ед. ч. означает не только
будущее время, но и желание,
намерение что-н. сделать, а также
выражает вежливую просьбу в вопросительных предложениях
Употребляется для выражения вежливой просьбы в в вопросительных
предложениях.
Выражает отсутствие необходимости совершения действия в отрицательных предложениях.
Negatives
nothing
none
neither
nobody
no one
nor
neither... nor
В качестве отрицаний могут использоваться и другие наречия: barely
– едва, чуть, чуть не; hardly – едва; scarcely – едва, почти (не); а также
глагол to fail – терпеть неудачу, не удаваться; предлог without + -ingform, так как с ними не употребляются другие отрицания.
В английском языке необходимо только одно отрицательное слово,
чтобы сделать предложение отрицательным. В русском языке предложение может содержать два и более отрицательных слова.
not
no
nowhere
never
67
Cf.: I have never been to the U.S.A. Я никогда не был в США.
Exercises
1. Translate the following sentences paying attention to the modals and
the infinitives.
1. I've got to inform you about the accident. 2. They had to be present at
the conference. 3. You must send this letter at once. 4. They must translate the
documents by tomorrow. 5. She is to prepare the report by Monday. 6. You
ought to speak to him. 7. Shall I translate this paragraph? 8. He couldn't have
done it. 9. Can I give you a good piece of advice? 10. They might be late. 11.
You may not show them this document. 12. May I speak to Mr. Smith? 13.
You ought to have informed me about his conduct. 14. Law states a number of
rules telling us what we may or may not do. 15. He must have avoided the conflict. 16. He must have sustained great damages. 17. You needn't have told him
about this news. 18. You needn't tell him about his duties. 19. You shall speak
to him by all means. 20. Will you tell him to come in? 21. The law won't work.
22. You should send him a letter. 23. You should have sent him a letter. 24.
Would you mind meeting that client at 10 a.m. tomorrow? We must settle the
controversy as soon as possible.
2.
Translate the sentences paying attention to the negatives.
1. Will you explain the essence of the problem to us without going into
details? 2. I have nothing to tell you about. 3. There is no written Constitution
in Great Britain. 4. In Great Britain legislation can be initiated either in the
House of Lords, or in the House of Commons; but no bill involving taxation or
the spending of public money can proceed very far unless the government
agrees to introduce a "financial resolution” to cover it. 5. In Great Britain law
cannot be separated from judges who interpret and administer it. 6. Nobody
could answer my question. 7. I can support neither his nor her ideas. 8.1 have
never heard about it. 9. He failed to prepare the documents in time. 10. No one
should minimize the election results. 11. We cannot pass a decision without
examining all the documents. 12. No conviction of a serious crime could occur
in a court of common law except by a twelve-man verdict. 13. I barely remember the title of the article the teacher advised me to read. 14.1 can hardly wait
for the meeting to be over.
READING
TEXT 1
1. Before reading the text study the following words and their definitions.
embody – воплощать, реализовать
compact – соглашение (между двумя или более людьми, странами)
to restrict – ограничивать
68
prohibit – запрещать
2. Read the following international words and give their Russian equivalents.
constitution, abstract, concrete, convention, composition, organ, to regulate, private, document, to modify, specially, formally, series, statute, structure,
aspect, institution, cabinet, party, doctrine, to guarantee, procedure, act, sovereign, plenary, contract, Empire, code, democracy, authoritarian, privilege
3.
Analyze the morphological structure and meanings of the following
words.
unwritten, to enact, enactment, presidential, political, judicial, stability,
ruler, to classify, to codify, democratic, freedom, activity
4.
Read the text and:
a) try to understand it and guess the meaning of the words in bold type;
b) group ideas about the types of constitutions and draw a scheme showing interconnection of all the types .
CONSTITUTIONS
"The word "Constitution" is used in two different senses, the abstract and
the concrete. The Constitution of a State in the former sense is the system of
laws, customs and conventions which define the composition and powers of
organs of the State and regulate the relations of the various State organs to one
another and to the private citizen. A "Constitution" in the latter sense is the
document in which the most important laws of the country are authoritatively
ordained."1 Great Britain, for example, has no Constitution in the concrete
sense of the word. But more often we use the term "Constitution" in the concrete sense. A "Constitution" in this sense is the law of the laws. It cannot be
modified in the ordinary legislative way.
A Constitution is "written" when most important constitutional laws are
specially enacted. The American Constitution is a "written" one. "The British
Constitution is "unwritten" because it is not embodied in any enactments or
formally related series of enactments."2 In fact, however, many parts of the
British Constitution exist in written form. The British Constitution includes the
Bill of Rights (1689), the Act of Settlement (1700-01), the Parliament Act of
1911, etc., but these statutes are not codified within the structure of a single
orderly document. But, on the other hand, some important aspects of the
American Constitution are wholly unwritten, e.g. such institutions as the presidential cabinet, the system of political parties, etc.
"Written" Constitutions cannot cover the whole constitutional law of a
state; that is why they are usually supplemented by different statutes, judicial
doctrines, etc.
69
Constitutions, "written" or "unwritten", can be divided into "rigid" and
"flexible". The aim of the "rigid" constitutions is to guarantee their stability.
"Flexible" Constitutions can be modified through the simple procedure by
which statutes are enacted. To modify the "rigid" Constitution of the U.S.A.
the proposal to amend it must be approved by a two-thirds majority vote in
each house of Congress or be made by a convention called by two-thirds of the
States, with subsequent ratification by the legislatures or specially elected
convention of three-fourths3. The Constitution of Great Britain is "flexible"
because its rules can be modified by an act of Parliament. There are also Constitutions of a "mixed" type. Different parts of such Constitutions are amended
in different ways4.
Constitutions may be established by sovereign power: a) either by a free
sovereign people (the Constitution of the U.S.A.) or b) by a plenary power of
the head of the state (monarch). Constitutions of the latter type are called octroyees5, from the French word octroyer which means "to grant" (e.g. the Japanese Constitution of 1889)6.
Constitutions may be formed as a contract between the future ruler and the
people. Some Constitutions are compacts between several sovereign powers.
Such was the Constitution of the German Empire.
Constitutions may be classified according to political principles, e.g.:
democratic and authoritarian. The former guarantee certain rights and freedoms, formation and activity of different political parties, etc. The latter restrict or prohibit the activity of political parties, or formalize the leading role of
one political party, restrict the rights and freedoms which they are compelled
to proclaim7. Aristocratic Constitutions are those which establish privileged
classes, e.g.: nobility and clergy. Such, at one time, were the Constitutions of
Swiss cantons, e.g. Bern. There also exist some other classifications of Constitutions.
Notes: 1 Philips H. Constitutional Law, L, 1957.
2
Ibid.
3
The U.S. Constitution. Article V.
4
Конституционное (государственное) право зарубежных
стран. Т.1. Отв. ред. Б.А.Страшун. М., 1993, с. 56-57.
5
octroees – октроированные конституции (дарованные или односторонним актом главы государства, или метрополиями своим колониям
6
Там же, с. 54
7
Там же, с. 64
5. Study the analysis chart of the text. Fill it in.
Questions
Answer ExplanaWas the topic of the text interesting for you?
Yes/No tions
70
Did you find any new facts in the text?
How many classifications of Constitutions were
mentioned in the text?
Did you understand everything while reading the
text?
6. Say what other classifications of Constitutions you know.
7. Form derivatives with the help of the prefix en-/em-. Look up their
meaning in the dictionary.
en-: act, danger, force, franchise, large, list, seal, title
em-: power, body, place
TEXT 2
1. Memorize the words.
inalienable – неотъемлемый
bestow – даровать
batter away – обменять
national n. – гражданин
slavery – рабство
controvercy – спор, полемика
advent – зд. возникновение, появление
hate – ненависть
2. Read the following international words and give their Russian equivalents.
proponent, positive, negative, religion, assembly, sovereignty
3. Translate the family words.
reason – reasonable, universe – universal – universally, to force – enforce
– enforcement, act – enact – enactment, to determine – determination – selfdetermination, to ride – to override, citizen – citizenry
4. Give the Russian for.
quality of life, human rights, natural rights, legal tradition, United States
Bill of Rights, the English Bill of Rights, fundamental human rights, national
sovereignty, hate crime, first-generation rights, second-generation human
rights
5. Read the text and try to understand its main ideas.
HUMAN RIGHTS
Human rights (natural rights) are rights which some hold to be "inalienable" and belonging to all humans; according to natural law. Such rights are
believed, by proponents, to be necessary for freedom and the maintenance of a
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"reasonable" quality of life. Inalienable rights cannot be bestowed, granted,
limited, bartered away, or sold away (e.g., one cannot sell oneself into slavery). Inalienable rights can only be secured or violated.
Human rights can be divided into two categories: positive and negative
human rights. For example, the right of a newborn to a caring parent can only
be expressed positively. Positive human rights follow mainly from the Continental legal tradition, and are things to which every person is entitled and for
which every state is obligated. Examples of such rights (not all are universally
agreed upon) include the rights to education, to a livelihood, to private property, freedom of religion, freedom of speech, and legal equality. Positive rights
have been codified in the Universal Declaration of Human Rights and in many
20th century constitutions.
Negative human rights follow mainly from the Anglo-American legal tradition, and are rights which denote actions that a government should not take.
These are codified in the United States Bill of Rights and the English Bill of
Rights and include freedoms of speech, religion and assembly.
But there arise a number of controversies regarding human rights. The
first is their status, i.e. what rights are fundamental human rights, or even if
there is such a thing. Another controversy is how best to enforce human rights
and in particular the relationship between human rights and national sovereignty. One point of view is that human rights are universal and therefore it is
proper for any person to attempt to enforce human rights through international
courts or domestic law. The opposing view is that having human rights override national sovereignty is a form of imperialism in which powerful countries
dictate which rights they consider most important against less powerful countries.
Human rights are aimed to follow some basic rules. All individuals should
be allowed to act in any way they choose providing that in doing so they do
not prohibit other individuals from that same privilege. All individuals must
take responsibility for the repercussions of their actions.
With the advent of the concept of human rights, various countries have attempted to enact laws against what are called hate crimes. A hate crime is defined as a crime committed with direct influence by the minority status of the
victim. A hate crime law would bring greater penalty to the perpetrator based
on the hateful intent. Conservatives in the United States often oppose hate
crime laws, stating that imposing a greater penalty on an act committed in hate
would thus make hating illegal. They feel this to be a direct infringement on
First Amendment rights1.
One of the most significant classifications of human rights is the one
which presupposes the division of human rights into three generations. Firstgeneration human rights deal essentially with liberty. They are fundamentally
72
civil and political in nature and serve to protect the individual from excesses of
the state. First-generation rights include freedom of speech, the right to a fair
trial, and freedom of religion. First generation rights are therefore mostly negative rights. They were first enshrined at the global level by the 1948 Universal
Declaration of Human Rights2.
Second-generation human rights are related to equality. They are fundamentally social, economic, and cultural in nature. In social terms, they ensure
different members of the citizenry equal conditions and treatment. They also
grant people the right to work and to be employed, thus securing the ability of
the individual to support a family. They are mostly positive rights, representing
things that the State is required to provide to the people under its jurisdiction 3.
Third-generation human rights focus essentially on fraternity and, in generic terms, can be seen as rights of solidarity. They cover group and collective
rights: the right to self-determination, to economic and social development,
and to participate in the common heritage of mankind 4.
Notes: 1Humahttp://www.fact-index.com/h/hu/human_rights.html
2
See: Articles 3 to 21 of the Universal Declaration, and the International
Covenant on Civil and Political Rights.
3
See: Articles 22 to 27 of the Universal Declaration, and the International
Covenant on Economic, Social, and Cultural Rights.
4
http://www.fact-index.com/t/th/three_generations_of_human_ rights.html
6. Answer the following questions.
1. What are human rights? 2. What is the difference between positive and
negative human rights? 3. What are major controversies in the sphere of human rights? 4. What is a hate crime? 5. How many names of the rights of the
three generations do you remember?
TEXT 3
7. Read the text and get ready to answer the following questions.
1. What is the composition of the European Court of Human Rights? 2.
What document abolished the European Commission on Human Rights? 3.
Who may take a case to the European Court of Human Rights? 4. Are the
Council of Europe and the European Union different names for one and the
same body? 5. What decisions of the European Court of Human Rights are
binding on the member states?
THE EUROPEAN COURT OF HUMAN RIGHTS
The European Convention for the Protection of Human Rights and Fundamental Freedoms was adopted under the auspices of the Council of Europe
to protect human rights and fundamental freedoms. The Council is not to be
confused with the European Union, which is not a party to the Convention and
has no role in the administration of the European Court of Human Rights.
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Most Council of Europe member states are party to it; those that are not are
required as a condition of their membership to accede to the convention at the
earliest opportunity.
The Convention has several protocols. The Convention establishes the European Court of Human Rights. Any person who feels his or her rights have
been violated under the Convention by a state party can take a case to the
Court; the decisions of the Court are legally binding, and the Court has the
power to award damages. State Parties can also take cases against other State
Parties to the Court, although this power is rarely used.
Prior to the entry into force of Protocol 11, individuals did not have direct
access to the Court; they had to apply to the European Commission on Human
Rights, which if it found the case to be well-founded would launch a case in
the Court on the individual's behalf. Protocol 11 abolished the Commission,
enlarged the Court, and allowed individuals to take cases directly to the court1.
The current incarnation of the European Court of Human Rights was instituted on November 1, 1998, as a means to systematize the hearing of Human
Rights complaints from Council of Europe member states. The court's mission
is to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified in 1953. The court replaced the existing enforcement
mechanisms, which included the European Commission of Human Rights
(created in 1954) and the previous, limited Court of Human Rights, which was
created in 1959.
The court consists of a number of judges equal to the number of Council
of Europe member states, which currently stand at forty-four. Despite this correspondence, however, there are no requirements that each state be represented
on the court, nor are there limits to the number of judges belonging to any nationality. Judges are assumed to be impartial arbiters, rather than representatives of any nation.
Complaints of violations by member states are filed in Strasbourg, and are
assigned to a Section. Each complaint is first heard by a committee of three
judges, which may unanimously vote to strike any complaint without further
examination. Then, the complaint is heard and decided by a full Chamber. Decisions of great importance may be appealed to the Grand Chamber. Any decisions of the court are binding on the member states2.
Notes: 1http://www.fact-index.com/e/eu/european_convention_ on_human
_rights.html
2
Ibid.
TEXT 4
1. Read the text and: a) point out sentences that may be used as definitions
of the term “civil rights”; b) say what M.L. King is famous for.
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CIVIL RIGHTS
Civil rights are those legal protections granted to citizens under the jurisdiction of the civil law of a state. They are distinguished from human rights in
that they may be violated or removed, and they may or may not apply to all
individuals living within the borders of that state. Civil rights may include the
right to vote, right to property, right to bear arms, right to free speech, right to
privacy, right to associate1, etc.
The term ‘civil rights’ means that people have the right to be treated the
same regardless of their race, gender, or religion. These rights are law in the
United States and many other nations. Civil rights are guaranteed by law but
took many years to achieve. For example even after the Civil War, African
Americans were treated badly. They got the worst jobs and were paid poorly.
Blacks and whites were segregated. In other words, they were kept separate in
public places including theaters, restrooms, schools and transportation. The
National Association for the Advancement of Colored People (NAACP) was
formed in 1909 to push for civil rights. In a case called Brown vs. Board of
Education, the U.S. Supreme Court in 1954 ruled that segregation of public
schools by race violates the Constitution. In the 1950's and 1960's Martin Luther King Jr. became known as the leader of the nonviolent civil rights movement. Although often associated with the plight of African Americans, other
groups including women, immigrant groups (Irish, Chinese, Japanese), and
religious groups have also fought for their civil rights2.
Notes: 1http://www.fact-index.com/c/ci/civil_rights.html
2
http://www.42explore2.com/ civilrights.htm
TEXT 5
1. Memorize the following words.
ban – налагать запрет, запрещать
amendment – поправка (к закону, законопроекту и т.п.)
squat – 1. самовольно селиться на чужой или государственной земле, 2.
вселяться в пустующий дом без разрешения владельца
repeale an act (a law) – отменить закон
2. Read the following international words and give their Russian equivalents.
petition, scandalous, tolerance, genocide
3. Translate the family words.
petition – to petition, peace – peaceable – peaceful – peacefully, to govern
– governance – government, self-government, to doubt – doubt – undoubtedly,
fame – defame – famous, obedient – obedience – disobedience, to desire –
desire -desirable
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4. Analyze the morphological structure and meanings of the following
words.
truth-seeking, cyber-squatting
5. Read the text. Draw its denotation chart.
FREEDOM OF SPEECH
Freedom of speech is the right to freely state one's opinions and ideas.
Freedom of speech is often regarded as an integral concept in democratic governance.
In the United States, freedom of speech is protected by the First Amendment to the United States Constitution. Through Supreme Court decisions and
popular usage freedom of speech has come to be associated with freedom of
expression. Some argue that this linkage is necessary, as the purpose of speech
is to express ideas, and ideas can be expressed through non-speech methods of
communication as well. Others argue that substituting freedom of expression
for freedom of speech blurs the distinction between meaningful debate and
(sometimes) entertainment. The United States Supreme Court often uses the
SLAPS test, under which speech or expression can only be banned if it lacks
serious literary, artistic, political or scientific value. One exception to the
broadening of freedom of speech to freedom of expression in the United States
is in the realm of advertising. This "business expression" is still subject to
greater restrictions than political, social, or artistic expression.
Thus, the concept of "Freedom of Speech" is becoming more and more
confused with "Freedom of Expression" wherein some extend the meaning of
the word ‘speech’ to include numerous forms of action. From the outset (at
least in the US) speech was taken to include the written word. Today the "written word" clearly includes postings on the World Wide Web. Recent interpretations have included flag burning, the open publication of proprietary materials, general civil disobedience, and "cyber-squatting"1.
The origin of the First Amendment was undoubtedly a reaction against the
restraint of speech and of the press that existed in English society. One form of
speech that was widely restricted in England was the law of seditious libel that
made criticizing of the government a crime. The King was above public criticism and statements critical of the government were forbidden.
In the USA, the Alien and Sedition Acts of 1798 prohibited the publication of "false, scandalous, and malicious writing or writings against the government of the United States, or either house of the Congress of the United
States, or the President of the United States, with intent to defame…; or to
bring them… into contempt or disrepute; or to excite against them…hatred of
the good people of the United States, or to stir up sedition within the United
States, or to excite any unlawful combinations therein, for opposing or resist-
76
ing any law of the United States, or any act of the President of the United
States." The law did however allow truth as a defense and required proof of
malicious intent.
The Court has many times expressed that freedom of speech and association as protected by the First and Fourteenth Amendments are not absolutes,
e.g. Konigsberg v. State Bar of California, 366 U.S. at 49. There is linedrawing as to what speech will be protected under the First Amendment and
what can be proscribed or limited. Also, lines must be drawn as to where and
when speech will be allowed. Moreover, the First Amendment to the
U.S. Constitution only provides for freedom of speech against regulation by
the federal or state government (e.g., a state university). A private employer
(e.g., a private university) generally has no legal requirement to respect freedom of speech of its employees.
There is not one universally accepted theory of the First Amendment, but
rather several different views as to why freedom of speech should be regarded
as a fundamental right. The four major theories are that freedom of speech is
protected to further self-governance, to aid the discovery of truth through the
market place of ideas, to promote autonomy, and to foster tolerance.
Freedom of speech is crucial in a democracy because open discussions of
candidates are essential for voters to make informed selections during elections. It is through speech that people can influence their government’s choice
of policies. Also, public officials are held accountable through criticisms that
can pave the way for their replacement. The Supreme Court has spoken of the
ability to criticize government and government officials as “the central meaning of the First Amendment.”
Freedom of speech is also essential for the discovery of truth. Another argument is that it is wrong to assume that truth necessarily will trump falsehood, and we can see through history that people may be swayed by emotion
rather than reason.
Another rationale often expressed for protecting freedom of speech as a
fundamental right is that it is an essential aspect of personhood and autonomy.
Critics of this view argue that there is no inherent reason to find speech to be a
fundamental right compared with countless other activities that might be regarded as a part of autonomy or that could advance self-fulfillment.
Another explanation for protecting freedom of speech as a fundamental
right is that it is integral to tolerance, which should be a basic value in our society. This claim is to say that tolerance is a desirable, if not essential, value,
and that protecting unpopular speech is itself an act of tolerance. Critics argue
that society need not be tolerant of the intolerance of others, such as those who
advocate great harm, even genocide. Preventing such harms is claimed to be
much more important than being tolerant of those who argue for them.
77
Notes: 1http://courses.cs.vt.edu/~cs3604/lib/Freedom.of.Speech/class.html
6. Say what the abbreviation SLAPS stands for using the context.
7. Retell the text using your denotation chart.
8. Read the following questions and say if they were given coverage in
your reproduction of the text.
1. What is freedom of speech? 2. Are freedom of speech and freedom of
expression identical notions? 3. What test is offered to check whether the First
Amendment could be applied to a case? 4. What is the origin of the First
Amendment? 5. Point out reasons which make application of the First
Amendment more problematic. 6. Why should freedom of speech be a fundamental right? 7. What are the views of the opponents of considering freedom
of speech a fundamental right? 8. Should it include the right to lie about another person, and if not, how should we decide when that is what is happening? 9.
Should free speech include the right to advocate physical harm, repression, or
overthrow of the established order, and if not, who is to decide when certain
types of speech fall in this category? 10. Is the essence of guarantees of freedom of speech in the RF the same as in the USA?
TEXT 6
1. Look through the text including an extract from the European Convention on Human Rights dealing with freedom of speech and point out the limitations specified in it. Be ready to explain the grounds for the introduction of
these limitations.
The European Convention on Human Rights, when signed on the 4th November 1950, imbued all of the signatories’ citizens with a broad range of human rights, including Article 10, which entitled all citizens to free expression.
"Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas
without interference by public authority and regardless of frontiers. This article
shall not prevent States from requiring the licensing of broadcasting, television
or cinema enterprises. The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public
safety, for the prevention of disorder or crime, for the protection of health or
morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the
authority and impartiality of the judiciary."
Each country had to produce a law to confer these rights to their citizens.
In 1998, the United Kingdom implemented the Human Rights Act, which
78
granted the judiciary power to apply these rights to cases and a requirement for
Parliament to check compatibility of new laws with the Convention rights. If a
judge finds a law to be 'incompatible' with the given Convention rights, then
the law must be amended to incorporate these protections.
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Express obligation.
Model: We must do it (because of the objective circumstances).
We have to do it (somebody makes us do it).
We've got to do it (informal).
I
must
resign.
You
have (has) to
make a recess.
He
have (has)
vote on this issue.
She
got to
go on business to London.
We
write some business letters.
They
pay taxes.
elect the chairman of the meeting
2. Express prohibition.
Model: You mustn't do it
You
mustn’t
discuss this problem with her.
He
control their work.
She
finance that firm.
They
allow them to do that.
3. Express recommendation.
Model: You should (ought to) support their point of view.
I
should
be more attentive.
You
ought to
have been more attentive.
He
follow that custom.
She
have resigned earlier.
We
take part in the discussion.
They
have spoken to the executive director.
I
4. Say that somebody is able to do something.
Model: I can do it.
can
check the validity of the document.
79
You
He
She
We
They
translate this text without the help of the dictionary.
speak English well.
find the description of this case in that Reporter.
5. Say that somebody is unable to do something.
Model: I can’t do it.
I
can’t
participate in the elections.
You
be elected a deputy.
He
break the rules.
She
represent our firm.
We
resign now.
They
finance that project.
continue on that budget.
6. Say that somebody is allowed to do something.
Model: You may do it.
You
may
speak to the manager yourself.
He
use my copy of the Constitution.
She
use the dictionary.
They
come at 6.
7. Say that it is unnecessary to do something.
Model: You needn't do it (don’t have to, don’t need to).
You
needn't
come to the office at 9 a.m.
He
check up the validity of the document.
She
speak to the manager.
They
ask for more money to continue the project.
8. Ask somebody to do something for you.
Model: Will (would, could) you do me a favour?
Will
you
mind waiting a little?
Would
tell her to wait a little?
ask the secretary to type this letter?
mind speaking to him?
tell Mr. Smith to come in?
tell me everything you know about it?
II. Conversational Formulas
80
Saying What Is Important, Obligatory or Desirable to Do
I have to (go)...
Я должен (пойти)…
I've got to (go)...
Мне необходимо (пойти)…
I must (go)...
It’s important
Мне важно (видеть)…
It’s essential for me to (see)
It’s vital
I should (do)…
Мне надо/следует (сделать)…
I ought to (do)…
It would be a good idea (to go)...
Было бы неплохо (поехать)...
1. Read the following flashes of conversation.
1.
A: What do you think about inviting professors from the U.S.A. to deliver
lectures on American Constitutional Law?
B: It would be a good idea.
2.
A: What do you think about joining the optional course in Tax Law?
B: I think it's very important for us to get a better command of the subject.
3.
A: One must know law very well to become a good businessman.
B: Oh, yes. It's vital for every businessman to study law.
4.
A: I guess I've got to go to Moscow on business.
B: You are right! You'll have to go there tomorrow.
2. Work in pairs. Make up dialogues similar to those in exercise 1.
a) Say that it is essential for your friend to study some legal subject. Discuss its importance for the legal profession. b) Tell your friend that it is important for him to carry out some kind of work. Listen to his answer and react
to it. c)You are the boss of a firm. Tell your subordinate that he/she will have
to go on business. Probably he/she has reasons to reject this mission. React to
the answers you will get.
III. Dialogue
1. Read the dialogue.
Steven Gassman, a professor from Harvard University, is speaking to professor Alexander Sobolev about some problems of American Constitutional
law.
81
Sobolev: Mr. Gassman, you know very well that in every state there are
many problems that Constitutional law has to solve. As far as I know, one of
the most controversial questions in the U.S.A. is the possibility of admission of
the District of Columbia into the union as the 51st state.
Gassman: It is really one of the most difficult problems. There are many
people who speak in favour of admitting the District of Columbia into the union, but there are a lot of their opponents too.
Sobolev: And what arguments do supporters of the idea put forward?
Gassman: Well, there are three main arguments. The first argument is
that the District of Columbia is larger than three existing states. The second
argument is that the district has a higher per-capita federal tax payment than
most of the states. And the last one is that the district is prevented from spending its own money without approval from Congress.
Sobolev: The arguments are very strong. And what do the opponents say?
Gassman: The first and most important argument to reject the idea is that
it runs counter to Article I, Section 8, Clause 17, known as the "district clause"
of the Constitution1. Then they say that the nation's capital can be controlled
only by the Congress and not by any state. These are only examples. There are
a lot of other cons.
Sobolev: I see. And what's your opinion on the problem?
Gassman: I'm in favour of admitting the district to statehood, but I agree
that the problem is too complicated. We should treat it very carefully, and
probably it will take us a long time to solve it.
Note: 1 Article I, Section 8, Clause 17
The Congress shall have Power
1...
17. To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all Places purchased by
the Consent of the Legislature of the State in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; ...
2. Say about what you have learned from the dialogue.
IV. Topics for Discussion
1. Speak about the following issues.
1. Civil rights and freedoms guaranteed by the Constitution of the RF.
2. The Constitution of the Russian Federation. Say what classifications of
constitutions it matches.
82
3. Say if there are any controversial problems in the Constitutional law of
the Russian Federation? What are they?
2. How does US legislation regulate freedom of speech? Read Amendment
I of the US Bill of Rights and comment on it.
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.
3. Read the comments on the First Amendment and say if you agree with all
the offered interpretations.
All together, there are six (6) rights guaranteed by the First Amendment –
religion, speech, press, assembly, association, and petition. Collectively, they
protect what is known as the freedom of expression (technically consisting of
assembly, petition, press, and speech). Association is a derivative right from
speech, assembly, and petition. Religion has more to do with the freedom of
conscience than freedom of expression.
More predominant interpretations look at speech as distinct from speech
plus (speech plus other conduct, commonly called demonstrations or protests),
conduct, or the effects of speech. Congress has every right in the world to control these things. It's also possible to draw upon the social contract theories of
the founding fathers to understand that the First Amendment was intended to
serve several important social functions: (1) educational function (to advance
knowledge and potential for self-fulfillment); (2) safety valve function (to
speak openly without fear of government reprisal); (3) truth-seeking function
(to determine truth through debate and adversity); (4) social obligation function (to learn what is important to say). These social functions point out that
the First Amendment is about protecting the public good rather than individual
freedom.
4. Do you think communication through the Internet is a form of speech
protected by the First Amendment? Why? Should filters be required for everyone, or just for people below a certain age, or for no one?
Words and word-combinations you may need: filter, preselected keywords, Internet domains, lists of web addresses to block access to certain kinds
of web sites, terminals, to label unfiltered terminals “adult only.”
5. Discuss some factual situations dealing with the right to free speech.
May you “say” anything you want, anywhere you want to? What are the limits?
• A candidate says, “I believe my opponent lacks good moral quality.”
• License plate required by state, “Live Free or Die.”
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• News article says, “Rick Roe beats his wife and children.” (But he
doesn’t).
• A fraternity hangs out a Confederate flag on the Martin Luther King
holiday.
• A candidate blares his message from a sound truck at 3 a.m. in a residential neighborhood.
6. The development of the Internet opened new possibilities for achieving
freedom of speech using methods that do not depend on legal measures. Pseudonymity and data havens (such as Freenet) allow free speech, as the technology guarantees that material cannot be removed (censored) and the author of
any information is impossible to link to a physical identity or organization.
Discuss the issue of freedom of speech realized in the Net.
V. Role Play
The class are to be divided into six groups: five interest groups and the
City Council. Each interest group brainstorms the reasons for their position
and several situations illustrating their positions. Then they try to convince the
council members to vote in favor of their position. They should also ask the
council members for a commitment.
A. American Civil Liberties Union opposes using filters because it violates free speech rights.
• “Blocking software inevitably restricts access to valuable, protected
speech;”
• “Parents and teachers should provide young people with guidance
about accessing the Internet;”
• Filters in schools and libraries “prevent children and adults without
home computers from realizing the full potential of information available on
the Internet.”
B. Netparenting Group – a group of parents supporting use of filters to
protect children from harmful information.
• “Protecting our children online should be our number one goal;”
• “Adult sites are added to the web at an alarming rate;”
• “Hate groups and cults have sites and no child should ever be exposed
to these radical beliefs at such a young age;”
• “When young children see bad words on the Net, they begin to think
it’s okay.”
C. American Library Association – a group of librarians opposed to using filters in public libraries because this violates the commitment of libraries to promoting free speech.
84
• Internet communications “deserve the same level of Constitutional
protection as books, magazines, newspapers, and speakers on a street corner
soapbox;"
• Courts support the “importance of enabling individuals to receive
speech from the entire world and to speak to the entire world;”
• "Libraries provide opportunities to many who would not otherwise
have them.”
D. Freedom for Research Club – a group of high school students who
oppose using filters on high school computers because this blocks access to
important information for research.
• Filters prevent students from doing research on topics such as breast
cancer and AIDS;
• Many students do not have Internet access at home and school and library computers are the only way they can research.
E. Parents Against Pornography – parents who support using filters to
protect young children from exposure to pornography.
• Restricting access to the Internet is similar to placing limits on what
can be shown on television;
• It is parents’ responsibility to teach their children about sex, and children should not be exposed to pornography on the Internet.
F. City Council Members (at least 5 students) elected by the community
to make laws concerning community matters. They need to pass a decision
about how to handle student and young person use of the Internet in public
libraries. Each member will form his/her position as he/she listens to representatives of the other groups. Then all the City Council Members hold a brief
City Council meeting in which members publicly discuss among themselves the
issue of the Internet access to young people. Depending on available time,
representatives of the interest groups may make comments or statement. Council members conclude their deliberations by taking a vote.
Now step out of your roles and discuss your personal feelings regarding
the use of filters. Give your observations and reactions to the City Council
reception
and
vote
(based
on
http://www.
abanet.org/publiced/lawday/schools/lessons/hsinternet.html).
V. Case Study
Rights of Youth
I. Debate the opposing viewpoints presented in the cases.
I
Should Schools Have the Right to Censor Student Newspapers?
85
The principal of Hazelwood East High School in St. Louis County, Missouri, removed two articles from an upcoming issue of The Spectrum, the
school's student newspaper. One of the stories to which he objected described
three students' experiences with pregnancy; the other discussed the impact of
divorce on students at the school. The principal said that those stories were
"inappropriate, personal, sensitive, and unsuitable for student readers". The
school board later voted to support the principal's action. Cathy Kuhlmeier and
several other students sued the school district, in the United States District
Court in St. Louis. They claimed that school officials had violated their 1st and
14th Amendment rights to freedom of expression.
The court held that no violation of their constitutional rights had occurred,
however. It found that The Spectrum could not be considered a "public forum"
– that is, not a medium of expression generally open to the public; it was, instead, "an integral part of the school's educational function." The students appealed that ruling, and the United States Court of Appeals reversed the lower
court. The school district then carried the case to the United States Supreme
Court.
Arguments for Hazelwood School District
Students' rights are not violated if educators exercise editorial control over
school-sponsored publications, especially when they do so for educational reasons. The school newspaper is not a public forum. Therefore, so long as the
school remained neutral on controversial matters, the censorship was warranted.
Arguments for Cathy Kuhlmeier
The students' constitutional rights were violated. Freedom of expression is
protected by the Constitution when such expression does not disrupt class
work or infringe on the rights of others. The school newspaper is a public forum and does not reflect the school's viewpoint. Therefore, the students had the
right to express their own opinions to the community. An educator's responsibility to instill moral and political values is not meant to stifle free thought and
expression. Students should not be forced to limit themselves to state-approved
subjects or opinions.
II
Should school officials have the right to search your property?
The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In
1980 at Piscataway High School in Middlesex County, N.J. a few girls were
caught smoking in the bathroom. After being brought to the principal's office
one of the girls, T.L.O., denied that she had been smoking. The principal then
searched her purse looking for cigarettes. After finding a pack of cigarettes the
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search continued until the principal discovered evidence of drug dealing. This
evidence was used to prosecute T.L.O. and ultimately she received a year of
probation.
Supporting the applicability of the Fourth Amendment in public schools
Justice White writing for the court opinion stated that, "It is now beyond dispute that "the Federal Constitution, by virtue of the Fourteenth Amendment,
prohibits unreasonable searches and seizures by state officers." Equally indisputable is the proposition that the Fourteenth Amendment protects the rights of
students against encroachment by public school officials." He further stated
that "In carrying out searches and other disciplinary functions pursuant to such
policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents' immunity from the
strictures of the Fourth Amendment."
The concurring opinion by Justices O'Connor and Powell was not quite as
nice. In Powell's words "I agree with the Court's decision, and generally with
its opinion. I would place greater emphasis, however, on the special characteristics of elementary and secondary schools that make it unnecessary to afford
students the same constitutional protections granted adults and juveniles in a
nonschool setting." This is clearly a detraction from the rest of the justice's
opinions and against the nature of the amendment and previous school precedents. Ultimately the opinion of the court established a "reasonableness" approach to search and seizure rather than a "probable cause" approach as outlined in the constitution. This Supreme Court decision reinterpreted how the
law applies in school with such wordings as: "reasonable grounds for suspecting that the search will turn up evidence", "reasonably related to the objectives
of the search", "reasonably related in scope" clearly the court has created a
new way to apply this law based on no precedent or prior interpretations. The
court has thrown out the probable cause clause of the Fourth Amendment and
invented a murky, dangerous classification of reasonableness. Clearly this will
have the effect of further limiting the rights of students in public school.
Arguments for New Jersey
School officials act for the parents of students. Like parents, they do not
need a warrant to make searches or seize evidence. School officials must have
broad powers to control student conduct, including the powers of search and
seizure. T.L.O.'s behavior furnished a reasonable basis for the search of her
purse; therefore, the exclusionary rule does not apply.
Arguments for T.L.O.
Public school officials are employees of the State, not representatives of
parents; they have no right to act as parents. School officials are public employees and so are obligated to respect every student's rights, including his or
her right to privacy. The search of T.L.O.'s purse and the seizure of its con-
87
tents were unreasonable acts, and they led to her confession; therefore, the
exclusionary rule does apply.
2. Read Amendment XXVII to the Constitution of the U.S.A. and the commentaries that follow.
AMENDMENT XXVII
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives shall
have intervened.
Commentaries: What is now the 27th Amendment was one of 12 constitutional articles proposed in 1789 by James Madison, 10 of which became the
Bill of Rights. The Amendment was ratified on May 7, 1992. Its ratification
after 203 years is unique.
Now study the following chart and comment on it. While commenting on
the chart explain why Amendment XXVII was ratified only 203 years after it
was proposed. Explain why the date of ratification is considered to be May 7,
1992.
1. MARYLAND
Dec. 19,1789
2. NORTH CAROLINA
Dec. 22, 1789
3. SOUTH CAROLINA
Jan. 19, 1790
2. DELAWARE
Jan. 28, 1790
3. VERMONT
Nov. 3, 1791
4. VIRGINIA
Dec. 15, 1791
5. OHIO
May 6, 1873
6. WYOMING
March 3, 1978
7. MAINE
April 27, 1983
10. COLORADO
April 18, 1984
8. SOUTH DAKOTA
Feb. 21, 1985
9. NEW HAMPSHIRE
March 7, 1985
10. ARIZONA
April 3, 1985
11. TENNESSEE
May 23, 1985
12. OKLAHOMA
July 10, 1985
13. NEW MEXICO
Feb. 14, 1986
14. INDIANA
Feb. 24, 1986
15. UTAH
Feb. 26, 1986
16. ARKANSAS
March 5,1987
17. MONTANA
March 17, 1987
18. CONNECTICUT
May 13, 1987
19. WISCONSIN
June 30,1987
23. GEORGIA
Feb. 2, 1988
24. WEST VIRGINIA
March 10, 1988
88
25. LOUISIANA
July 6, 1988
26. IOWA
Feb. 7, 1989
27. IDAHO
March 23, 1989
28. NEVADA
April 26, 1989
29. ALASKA
May 5, 1989
30. OREGON
May 19, 1989
31. MINNESOTA
May 22, 1989
32. TEXAS
May 25, 1989
33. KANSAS
April 4, 1990
34. FLORIDA
May 3-1, 1990
35. NORTH DAKOTA
March 25, 1991
36. MISSOURI
May, 5, 1992
37. ALABAMA
May 5, 1992
38. MICHIGAN
May 7, 1992
39. NEW JERSEY
May 7, 1992
40. ILLINOIS
May 12, 1992
(Source: ABA Journal Vol.78, August 1992, p.26)
2. Think and answer: Is such dilatory ratification proper? Why?
WRITING
Structuring a Review
1. The following chart can be helpful in writing a review. Use text 5 of this
lesson for writing your reviews.
Introduction
Names the article (or the book) and the author.
Body paragraph 1.
Gives an overview of the content.
Body paragraph 2.
Evaluates the author's treatment of the subject.
Conclusion
Gives the reviewer's opinion on the problem discussed in the article.
89
LESSON FIVE
GRAMMAR: 1. Polysemy of the Syntactic Words.
2. The Infinitive (continued).
a) The Functions of the Infinitives (Revision),
b) Complexes with the Infinitives (Revision).
WORD-BUILDING: 1.Noun-forming Suffixes with the meaning of the Action
or the Result of the Action (Revision).
2. The Suffix -ее (Revision).
3. The Prefix re- (Revision).
READING AND ORAL SPEECH PRACTICE: Ecology and Law. Environment and Environmental Movements.
CONVERSATIONAL FORMULAS: Starting and Controlling a Meeting.
WRITING: Writing a Research Report.
GRAMMAR
Polysemy of the Syntactic Words
as
as well as
as soon as
as/so far as, in so
far as, insofar as
as for, as to
so as
as ... as
that
that is
for
by
by + Gerund
как; так как, поскольку; в том виде как; когда, в то
время как; между тем
так же как
как только
насколько
что касается;
чтобы;
так же... как
что (союз); который (союз); тот; словозаменитель
то есть
для; на; потому что; в течение
эквивалент русского творительного падежа; к (какомун. времени)
путем чего-н.
Exercises
1. Translate the following sentences paying attention to the words in bold
type.
1. By August the judges will have instituted a system, through which cases
will be assigned on a rotating basis depending on a lawyer's qualification. 2.
The ABA Standards for Criminal Justice say that the selection of lawyers for
specific cases should not be made by judges but by administrators of an independent program. 3. The newspaper reported that some private lawyers had
built lucrative practices by taking on cases for indigent clients. They managed to
90
do it by repeatedly billing the county for hours they never worked. 4. I couldn't
find this report for a long time. 5. In Great Britain every statute starts as a Bill.
Before it becomes a law it must be approved by the Houses of Parliament and
by the Queen. In practice, once both Houses of Parliament have passed the Bill the
Queen's approval is automatic, for it is accepted that the Queen shouldn't take active
political part in government. 6. Dissatisfaction with the administration of justice is as
old as the law. 7. One of the functions of the law is to restrict the complete freedom
of each member of the society so as to protect all the other members from his carelessness, violence or dishonesty. 8. As he walked home from court he was hoping
that all his troubles were over. 9. As the old writers put it, the law lies "in the breast
of the judges". 10. When a case is cited, the name of the party bringing the case to
court always comes first. Alternatively, the first name could be that of the appellant,
that is a person who appeals against the decision of a lower court. 11. As soon as I
return we shall discuss this matter with you. 12. As far as I know this is not the best
method of settling disputes. 13. Private law concerns the relationships between individuals in a community insofar as they do not involve or concern the community as
a whole.
2. Translate the sentences paying attention to the forms of the Infinitives.
1. The U.S. Constitution has been repeatedly amended to meet the changing needs of the nation. 2. One of the tasks to be performed by a lawyer is to
settle disputes and controversies. 3. It was Lincoln who was the first important
party leader to become Attorney General. 4. It is to be regretted that all our
efforts gave no result. 5. He asked me to prepare all the documents by Monday.
6. To pass this resolution we must first discuss it with the members of the
committee. 7. His duty is to do all paper work in our office. 8. I want you to
submit all the documents by Tuesday. 9. He is said to have been appointed the
head of the department. 10. To override this decision is impossible.
3. Translate the sentences paying attention to the complexes with the Infinitives.
a) 1. A Constitution is said to be "written" when most important constitutional laws are specially enacted. 2. The U.S.A. is said to have a "written"
Constitution. 3. Great Britain is said to have an "unwritten" Constitution. 4.
The execution of the sentence is reported to be postponed. 5. The jury are
supposed to represent common sense and the morality of the community. 6.
The case is said to be very serious. 7. He seems to have much experience. 8. The
facts are believed to have been proved. 9. Law is said to be based on concepts of
order and compulsion.
b) 1. Did you hear the judge say that? 2. I saw the police officer take the
man's documents and look through them. 3. I want you to read this article on
91
administrative law. 4. They saw him sign the documents. 5. He wants the
sitting of the committee resume tomorrow.
c) 1. It is necessary for you to go there. 2. For him to do it is rather hard. 3. We
are sorry for you to leave us soon. 4. The main thing for us is to get all the facts. 5.
Here are some letters for you to look through. 6. This task is too difficult for us to
fulfill. 7. I left a message for him not to be late. 8. It will be difficult for you to understand the characteristic features of the English legal system if you don't know
the history of its development. 9. The main thing for us now is to learn more about
the origin of English law. 10. Here are some forms for you to fill out. 11. It is important for continental lawyers to bear in mind that the English law is not only another body of rules, but also the product of a different method of approaching legal
problems.
4. Fill in the blanks with the particle ‘to’ where it is necessary. Explain your
choice.
1. All governments and governmental groups, federal, state, and local must...
operate within the guidelines of the U.S. Constitution. 2. Americans stated in the first
constitutional amendments, known together as the Bill of Rights, what they considered ... be the fundamental rights of any American. 3. The administration and enforcement of the laws begin not in the courts but in the offices and agencies of governments to which has been committed the authority ... enforce many statutes. This is
the gist of the executive function. Yet, before enforcement may ... begin, and before
each new problem can ... be solved, public officers must... determine the scope of the
laws. Public administrators must... have the counsel of people skilled in legal interpretation and legal institutions. There is no more important stage of administration. 4.
You ought ... have told him about our decision. 5. They should ... have spoken to me
before preparing the draft resolution. 6. He was ... supervise the settlement of the
conflict. 8. You will have ... ask them for their opinion on the possibility of solving
this controversy without taking it to the court. 9. Here are some documents for you ...
study. 10. We consider the results of our investigation ... be satisfactory. 11. Did you
hear the chairman ... speak? 12. Have you ever known him ... deal with such complicated cases? 13. I wish him ... win his case. 14. He is said ... be a very good lawyer.
15. She seemed ... think it was the right moment... call the witnesses.
READING
1. Look through definitions of environment. Say what their main focus is on and
what elements are to be considered as the most important. What is the environmental
law area of protection? What definition is more applicable to the legal sphere? Formulate your own definition summarizing the essential features you have distinguished.
92
• The social environment of an individual is the culture that he or she was
educated and/or lives in and the people and institutions with whom the person interacts1.
• The complex of physical, chemical, and biological factors in which a
living organism or community exists2.
• The nongenetic conditions and circumstances that affect a person's
conduct and health3.
• The sum of all external conditions affecting the life, development and
survival of an organism4.
• Surroundings in which an organization operates, including air, water,
land, natural resources, flora, fauna, humans and their interrelation5.
• The complex set of physical, geographic, biological, social, cultural
and political conditions that surround an individual or organism and that ultimately determines its form and the nature of its survival 6.
• The combination of all external conditions and influences relating to
the life, development, and survival of all living things7.
• The combination of all the physical and other factors and conditions that influence the development or survival of an organism or group of organisms8 .
• The surrounding conditions that have an impact on survival and growth9.
Notes: 1en.wikipedia.org/wiki/Environment
2
eobglossary.gsfc.nasa.gov/Library/glossary.php3
3
www.ornl.gov/sci/techresources/Human_Genome/publicat/ genechoice/
glossary.html
4
www.entrix.com/resources/glossary.aspx
5
www.c2e2.org/ems/glossary.htm
6
youthink.worldbank.org/glossary.php
7
www.tnrcc.state.tx.us/exec/sbea/education/air/lessons/airtermslesson.html
8
resweb.llu.edu/rford/docs/VGD/GSLVT/gslglossary.html
9
www.aquatext.com/list-e.htm
TEXT 1
2. Read the text. Pay special attention to translation of the words and wordcombinations in bold type. Explain your choices.
ECOLOGY AND THE MAIN ISSUES STUDIED
Essentially, ecology is the branch of science that studies the distribution and
abundance of living organisms, and the interactions between organisms and their
environment. The environment of an organism includes both the physical properties,
which can be described as the sum of local abiotic factors like climate and geology, as
well as other organisms that share its habitat. Ecology is usually considered a branch
of biology, the general science that studies living beings. Organisms can be studied at
93
many different levels, from proteins and nucleic acids (in biochemistry and molecular biology), to cells (in cellular biology), to individuals (in botany, zoology, and other
similar disciplines), and finally at the level of populations, communities, and ecosystems, to the biosphere as a whole — these latter strata are the primary subjects of ecological inquiries. Ecology is a multi-disciplinary science. Because of its focus on the
higher levels of the organization of life on earth and on the interrelations between organisms and their environment, ecology draws heavily on many other branches of
science, especially with geology and geography, meteorology, pedology, chemistry,
and physics contributing to ecological knowledge.
The first principle of ecology is that each living organism has an ongoing and
continual relationship with every other element that makes up its environment. An
ecosystem can be defined as any situation where there is interaction between organisms and their environment. The concept of an ecosystem can apply to units of variable size, such as a pond, a field, or a piece of dead wood.
Dynamics and changes in ecosystems present the main question for ecologists.
Sometimes changes can bring in a favourable results. But there could be situations of
ecological crises too. Generally, an ecological crisis is what occurs when the environment of life of a species or a population evolves in an unfavourable way to its
survival. It may be that the environment quality degrades compared to the species’
needs, after a change of an abiotic ecological factor (for example, an increase of temperature or less significant rainfalls). It may be that the environment becomes unfavourable for the survival of a species (or population) due to an increased pressure of
predation (for example overfishing). Lastly, it may be that the situation becomes
unfavourable to the quality of life of the species (or the population) due to rise in the
number of individuals (overpopulation).
Ecological crises may be more or less brutal (occurring between a few months to
a few million years). They can also be of natural or anthropic origin. They may relate
to one unique species or, to a high number of species. Lastly, an ecological crisis may
be local (as an oil spill) or global (a rise in the sea level related to global warming).
According to its degree of endemism, a local crisis will have more or less
significant consequences, from the death of many individuals to the total extinction of a species. Whatever its origin, disappearance of one or several species often will involve a rupture in the food chain, further impacting the survival of other species.
In the case of a global crisis, the consequences can be much more significant; some extinction events showed the disappearance of more than 90% of
existing species at that time. However, it should be noted that the disappearance of certain species, such as the dinosaurs, by freeing an ecological niche,
allowed the development and the diversification of the mammals. An ecological crisis thus paradoxically favored biodiversity. Sometimes, an ecological
crisis can be a specific and reversible phenomenon at the ecosystem scale. But
94
more generally, the crisis’ impact will last. Indeed, it rather is a connected series of events, that occur till a final point. From this stage, no return to the previous stable state is possible, and a new stable state will be set up gradually.
Lastly, if an ecological crisis can cause extinction, it can also more simply reduce the quality of life of the remaining individuals. Thus, even if the diversity of the
human population is sometimes considered threatened (see in particular indigenous
people), few people envision human disappearance in the short term. However,
epidemic diseases, famines, impact on health of reduction of air quality, food crises,
reduction of living space, accumulation of toxic or non-degradable wastes, threats on
keystone species (great apes, panda, whales) are also factors influencing the wellbeing of people.
During the past decades, this increasing responsibility of humanity in
some ecological crises has been clearly observed. Due to the increases in technology and a rapidly increasing population, humans have more influence on
their own environment than any other ecosystem engineer.
Some usually quoted examples of ecological crises are:
• Permian-Triassic extinction event 250 million of years ago
• Cretaceous-Tertiary extinction event 65 million years ago
• Global warming related to the greenhouse effect. Warming could involve flooding of the Asian deltas, multiplication of extreme weather phenomena and changes in the nature and quantity of the food resources
• Ozone layer hole issue.
• Deforestation and desertification, with disappearance of many species.
• The nuclear meltdown at Chernobyl in 1986 caused the death of many
people and animals from cancer, and caused mutations in a large number of animals
and people. The area around the plant is now abandoned because of the large amount
of radiation generated by the meltdown.
Human ecology is an academic discipline that deals with the relationship
between humans and their (natural) environment. Human ecology investigates
how humans and human societies interact with nature and with their environment1. Human ecology is an interdisciplinary applied field that uses a holistic
approach to help people solve problems and enhance human potential within
their near environments – their clothing, family, home, and community. Human
Ecologists promote the well-being of individuals, families, and communities
through education, prevention, and empowerment2.
Notes: 1http://en.wikipedia.org/wiki/Ecology
2
http://www.hecol.ualberta.ca/
95
3. Answer the following questions.
1. What is the definition of ecology? 2. Who are the victims of environmental crimes? 3. Why is ecology to be studied in dynamics? 4. What are the
aspects of environmental research? Which of them are to be considered as the
most important ones? 5. What is the definition of ecological crisis? 6. Is it possible to find reasons for ecological crises? 7. What is the scope of changes
brought by pollution? Why are strict guidelines for hazardous waste disposal
introduced? 8. What is the focus in human ecology?
4. Give the Russian for.
branch of science, environment, physical properties, local abiotic factors, molecular biology, nucleic acids, ecosystems, biosphere, multi-disciplinary science, a pond,
a field, a piece of deadwood, favourable atmoshere, predation, natural or anthropic
origin, global crisis, mammals, nuclear meltdown, global warming, enhance human potential.
5. Give the English for.
протеин, живой организм, взаимодействие между организмами, молекулярная биология, клеточная биология, геология, география, метеорология, химия, физика, экологический кризис, эволюционировать, выживание, перенаселение, биологические виды, меньшее количество осадков
(дождей), последствия, исчезновение, освободить экологическую нишу,
биологическое разнообразие, исчезновение человека, влиять на благосостояние людей, озоновая дыра.
6. Continue the list of ecological crisis manifestations.
global warming, ozone layer hole…
7. Read and translate the following sentences:
habitat
1. I prefer to see animals in their natural habitat, rather than in a zoo. 2.
The natural habitat of kangaroos is Australia. 3. Because of ecology problems
a lot of wildlife is losing its natural habitat.
interrelation
1. There is close interrelation between wages and prices. 2. There is interrelation of environmental problems with our current way of life.
interaction
1. There should be interaction between ecologists and lawyers. 2. There is
not much interaction between the management and workers. 3. Language
games encourage students’ interaction.
96
species
1. These rare mammals have become an endangered species. 2. There are
around one million animal and plant species living in the rainforests. 2. Dolphins are a protected species.
consequence
1. Air pollution has produced harmful consequences for human beings. 2.
He made the wrong decision, and now he is facing the consequences.
disappear
1. These species are fast disappearing. 2. By the time police arrived, the
criminals had disappeared.
8. Make up word-combinations. Use them in sentences of your own.
a) global
warming
b) human being
crisis
potential
scale
society
population
rights
ecology
9. Form the derivatives with the help of the following suffixes.
-ment: to establish, to judge, to pay, to punish, to govern, to invest
-ion/-tion/-ation/-sion: to limit, to regulate, to legislate, to inspect, to produce, to organize, to possess, to delegate, to complete, to corrupt, to administer, to exaggerate
-ing: to kill, to act, to protect, to undertake, to understand
-ance/-ence: to differ, present, to guide
-age: client, to assemble, patron, to break, parent, percent
TEXT 2
1. Memorize the following words:
deplete - истощать
impoverish - обеднять
throughput – производительность, пропускная способность
precautionary - предупредительный
irreversible – зд. необратимый, невосполнимый
sustain – выдерживать, переносить
2. Read the following international words and give their Russian equivalents.
cultivate, protection, substance, technology, chemistry, industry, debates,
focus, declaration, chemicals, genetic, adaptive, manipulate, resource, destructive, degradation, energy, activity, agency, mechanism, dynamics, policy, act.
97
3. Say what parts of speech the following words are or may be.
ecology – ecological, fundament – fundamental, minimal – minimize, prevent – preventive – prevention, stimulus (pl. stimuli) – stimulate, monitor –
monitoring, environment – environmental, harm – harmful, engineer – engineering, potential – potentially, sustain - sustainability
4. Analyze the morphological structure and the meanings of the following
words.
wildlife, impoverish, ecosystem, multi-disciplinary, policymaking, toxics,
broaden, cost-effective
5. Read the text. Get ready to explain differences between the precautionary principle and adaptive management.
ENVIRONMENTAL LAW AND POLICIES
Law and policies derived from ecological dynamics promote the notion
that the environment is the fundamental resource on which all economic interests depend. What needs most understanding is how to minimize the ways in
which each interest’s claims deplete and impoverish the environment. This
principle requires a fuller understanding of the relationship between economic
and ecological dynamics. In this framework economic development can be
appraised according to whether or not it increases our capacity to meet human
needs, while decreasing environmentally damaging energy and material
throughput. Widespread adoption of dynamic, clear, preventative, adaptive,
and holistic policies will stimulate much important scientific activity.
Application of such principles as precautionary and adaptive management could
help. Adoption of precautionary policies have led to (1) increased research and monitoring of environmental change and its relationship to public and ecosystem health;
(2) research into a wider range of mechanisms of environmental degradation and a
need for multi-disciplinary approaches to understanding effects; (3) increased participation in science-based policymaking, including a broadened definition of who is
considered an interested and affected party; (4) the development of potential substitutes for environmentally destructive activities and substances; and (5) the development of whole new fields of risk reduction technologies such as “green chemistry.”
Massachusetts’ Toxics Use Reduction Act (TURA), is an example of these policies.
The law created a Toxics Use Reduction Institute and an Office of Technical Assistance to assist industry to discover ways to reduce its use of toxic substances.
Precautionary principle and its implications for environmental law, policy,
and science are the centre of attention of many environmentalists since the
Earth Summit which adopted the Rio Declaration on Environment and Development. It states that, “where there are threats of serious or irreversible dam-
98
age, lack of full scientific certainty shall not be used as a reason for postponing
cost-effective measures to prevent environmental degradation.”
While debates about the precautionary principle usually focus on potentially harmful chemicals and new technologies like genetic engineering, adaptive management is a term more often heard in the world of wildlife conservation, endangered species protection and resource management in general.
Management focuses on protection and sustainability of the ecosystems within
which such products are harvested. The impact on science is to change the
questions from how to capture, harvest or mine, to how to cultivate and sustain. Adaptive management is developed into Ecosystem Management.
Thus, good environmental laws and policies should be 1) based on manipulating economic dynamics in order to create economic stimuli to decrease
energy and material throughput and ecosystem disruptions; 2) clear in purpose,
directed to both public welfare and environmental protection; 3) preventative;
4) adaptive, capable of change as new information and better understanding of
ecological dynamics emerges; and 5) holistic - based on a full understanding of
ecological dynamics.
One of the most significant illustrations of appropriate application of these principles is the National Environmental Policy Act (NEPA) which was passed in 1970
along with the Environmental Quality Improvement Act, the Environmental Education Act, and the Environmental Protection Agency (EPA). The main objective of
these federal enactments was to assure that the environment be protected against both
public and private actions that failed to take account of costs or harms inflicted on the
eco-system. The EPA was supposed to monitor and analyze the environment, conduct
research, and work closely with state and local governments to devise pollution control policies. NEPA has been described as one of Congress’s most far reaching environmental laws ever passed. The basic purpose of NEPA is to force governmental
agencies to consider the effects of their decisions on the environment.
TEXT 3
1. Memorize the following words:
emission – зд. выброс (газообразных отходов); выхлоп (автомобиля и
т.п.), выпуск (дыма)
fuel – топливо
fiscal – финансовый
hazardous – рискованный
waste – утилизация
greenhouse – парниковый
corner-cutting – действия в обход правил
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2. Read the following international words and give their Russian equivalents.
manufacture, automobile, company, hybrid
3. Analyze the morphological structure and the meanings of the following
words.
fuel-efficient, minimize, waterways,
manufacturing, guideline, corner-cutting
livelihood,
downstream,
drug-
4. Read and translate the following word-combinations.
great source of pollution, next generation, fuel-efficient vehicles, export capacities, to invest billions, fiscal tools, to lower property values, to destroy
jobs, strict disposal guidelines, the dumping of hazardous waste
5. Read the text, pay attention to the logical sequence of the facts. Write
down the main ideas of the text in the form of a plan.
WAYS TO DECIDE ECOLOGICAL PROBLEMS. REMEDIES
Vehicles are a great source of pollution. Take automobile manufacturing,
for example: the North American market is changing and Canada has been
slow to react in producing the next generation of fuel-efficient vehicles.
Meanwhile, Chinese car companies — with their rising production and export
capacities — have expressed interest in fulfilling Canadian demand for hybrid
vehicles. Modern strategists are seeking to invest billions to encourage hybrid
vehicles and alternative fuels in the US. Canada may have to take similar
measures in order to compete with US and Chinese production.
Such remedial action would not be necessary if the federal government
took the lead on reducing emissions through fiscal reform. Green tax changes
would stimulate energy efficiency, innovation and job creation while minimizing emissions. Germany and Sweden have used fiscal tools to reduce greenhouse gas emissions and lower pollution levels. Rather than hinder economic
performance, these measures have increased energy efficiency and sparked job
growth1.
The pollution of our natural environment endangers our personal health and the
environment we depend on for food and air. The illegal disposal of waste into waterways can significantly damage a community's economic livelihood, destroy jobs
and lower property values. The illegal actions of one company can hurt an entire
community. The issue also has international repercussions because downstream
countries suffer the consequences.
Hazardous waste requires special care and, generally in the developed
world, there are strict disposal guidelines. This makes disposal expensive and
therefore encourages corner-cutting and criminal activity. The dumping of
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hazardous waste is a more serious problem in less developed countries, where
there are fewer controls.2
Notes: 1. Green Party of Canada – Parti Vert du Canada.htm
2
http://www.interpol.int/Public/EnvironmentalCrime/Pollution/Default.asp
6. Retell the text according to your plan.
TEXT 4
1. Read the following text and entitle it. Explain your choice.
For two decades, the Environmental Crimes Bureau (ECB) has investigated
and prosecuted violations of the State’s water pollution, air pollution, hazardous
waste and solid waste laws, as well as traditional crimes that have an impact on
public health and safety and the environment. During 2004, in addition to responding to pollution incidents statewide, the ECB, working closely with the Department
of Environmental Protection (DEP) and local officials, focused its efforts on identifying and prosecuting those who illegally dispose of hazardous or solid waste in
vulnerable urban areas, or who endanger surrounding communities and workers by
the way they operate. In 2004, the ECB obtained 18 indictments and accusations.
Successful ECB prosecutions in 2004 secured one and one-half years jail time and
approximately $693,731 in fines and restitution.
In State v. David Solow the Court sentenced the defendant to a five year probationary sentence conditioned upon serving 180 days in the county jail and paying
$6,494 restitution and a $3,000 fine. Defendant abandoned drums of waste chemicals from his photo business at a public storage facility in Little Ferry. In State v.
Andrew Telymonde the State Grand Jury charged the defendant with three counts
of fourth degree unlawfully exposing people to radiation and with one count of
fourth degree x-raying of people without a DEP license. Defendant was charged
with x-raying humans to develop digital x-ray technology, with failing to protect
employees from radiation and with x-raying people without a DEP license.1
Notes: 1. http://www.state.nj.us/lps/dcj/ecb/annualreport2004.pdf
TEXT 5
1. Read the text. In each paragraph point out sentences, if any, that can be
ommitted as insignificant.
ENVIRONMENTAL MOVEMENTS
“Environmental movement” is a term often used for any social or political
movement directed towards the preservation, restoration, or enhancement of
the natural environment. Here are some of the most prominent and welldefined examples:
The North American Conservation movement. The members of the movement
argued that man belonged in harmony with nature, as its keystone species – in terms
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of modern ecology. They saw no contradiction in altering or inhabiting the natural
environment, and living in harmony with it forever.
Environmental health movement is more related to nutrition, preventive medicine, aging well and other human-body-specific concerns. In these, the natural environment is of interest mostly as an early warning system for what may happen to
humans.
Most environmental movements have similar value systems and moral
codes, and cite common heroes and moral examples in their myths, although
they often diverge in details such as emphasis, priorities, means of action, and
specific goals. Environmental movements often interact or are linked with other social movements with similar moral views, e.g. for Peace, human and animal rights, etc.
"Ecology movement" is an umbrella term for different groups, ideology and attitudes. Today the term "ecology movement" is associated often with the more moral,
more confrontational, and more rigorous stance taken by Greenpeace and other even
more radical NGOs, e.g. Earth First, Earth Action, Sea Shepherd, in favor of the Precautionary Principle and strong fundamental preventive measures for biosafety, biosecurity and biodiversity. The methods of these groups often involve the idea of
direct action.
A radical wing of the ecology movement opposes and actually sabotages
or destroys infrastructural capital of what they deem to be "Earth rapist" activities. This includes the Anarchist Golfing Association and the Earth Liberation
Front, which are sometimes accused of "terrorism", despite no documented
incident of either ever having harmed a single animal, humans included. However, they have inflicted large economic losses on many economies. Their terrorist acts include fire-bombing a Forestry Service installation in Erie, Pennsylvania.
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Make up short dialogues as in the model.
Model: A: They say the criminal was arrested yesterday.
B: I don't know whether it's true or not but surely he'll be arrested
sooner or later.
Prompts: he – to find guilty; she – to detain; he – to send to prison; his license – to revoke; he – to bring before the court
2. Agree with your interlocutor.
Model: A: They say he came back from London yesterday.
B: Right. He is known to have come back from London.
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Prompts: she – to graduate from the institute last year; this ecologist – to
begin working in our department two days ago; the biologist – to complete his
report yesterday; John – to make the report about the ecosystem at the committee on Monday
3. Make up a dialogue between an investigator and a witness of a crime.
Model: A: We need to know if anybody saw the thief break the door of the
house.
B: I saw him break the door.
Prompts: to enter the house; to leave the house; to carry a suitcase; to get into the car;
to fire at a man running towards the car; to knock down another man, to kill the animal
4. Say that it is important (vital, essential, necessary) for somebody to
do something.
Model: It's important for you to study English.
Prompts: he – to refrain from doing it; she – to study problems relating to
the environment; you – to determine his duties; they – to go through the agency's
hearing procedure; people – to improve ecology
II. Conversational Formulas
Starting a Meeting
Ladies and gentlemen,
Дамы и господа,
I think we should begin.
я думаю мы можем начать.
Shall we start?
Начнем?
Let's get started, shall we?
Давайте начнем.
Let's begin, shall we?
Let's get going, shall we?
Let's get down to business.
Давайте перейдем к делу
Давайте начнем.
We are here today to consider..
Мы здесь, чтобы...
Controlling a Meeting
What do you think about...?
Что вы думаете о...?
What about you?
А каково ваше мнение?
Shall we continue then?
Давайте продолжим.
Let's move on
Продолжим?
Exercises
1. Read the following flashes of conversation.
1.
A: Let's get started, shall we? The main objective of our meeting is to pass
the resolution we failed to adopt yesterday.
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B: I don't think we'll be able to pass it today either. The problem hasn't
been worked out well.
A: And what do you think, Mr. White?
C: I think we should arrive at the decision today.
A: OK. Let's get going.
2.
A: Ladies and gentlemen, we are here today to consider the possibility of
licensing several applicants. Let's get started, shall we?
B: Before we get started, I want to say that some applications were
handed in after the deadline. I think we shouldn't consider them.
A: What about you, Mr. Right?
C: That's my opinion too.
2. Make up dialogues similar to those given in exercise 1.
III. Topics for Discussion
1. Discuss possible results of ecological crises taking into consideration a)
their origin; b) scope; c) role in development of environmental system. Present
different points of view in groups of two or three.
2. Choose the one of the following ecological issues and present a short
report proving importance of settling this problem. Use the Internet.
acid rain; biopiracy; climate change; deforestation; heavy metals; invasive
species; overpopulation; ozone layer; pesticide; pollinator decline; rail
transport; smog; toxic waste; traffic; marine environment pollution; military
activities; hazardous waste; environmental emergencies; land degradation.
3. Read the headings in newspapers and short annotations. Comment on
the importance of the issues and the necessity of considering them.
Hazardous Chemicals found in Household Dust: Toxic chemicals leach
from electronics, shower curtains, vinyl flooring and other common household products.
PVC Waste Crisis: The United States is facing a looming waste crisis
with a conservative estimate of 70 billion pounds of PVC plastic (polyvinyl
chloride) slated for disposal in the next decade.
4. Agree or disagree with the following statements.
1. Almost all of our environmental problems, including deforestation, air and
water pollution, loss of biodiversity, and accumulation of toxic and hazardous waste
can be traced back to the root cause of over-consumption.
2. Our legal system has a vital role to play in reshaping our actions and institutions so that we can live within nature's limits and enjoy a sustainable future. But ordinary citizens cannot strengthen our legal system to protect nature.
104
3. Russia’s existing environmental laws and policies are succeeding. We
are making progress in solving environmental challenges.
4. It is not possible to find the appropriate answer to the question why
Russia is making progress on a few environmental issues and moving backwards on the majority.
5. Environmental problems are often interrelated with economic interests.
5. Read legal briefs concerning several crimes against the environment.
Explain why some changes in the law are introduced in connection with certain circumstances. Say what aim these laws have: precautionary or adaptive.
Be ready to discuss the significance of these crimes for human beings.
Art. 29 – To kill, pursue, hunt, catch, use specimens of wild animals,
whether native or on migratory routes, without the appropriate permission,
license or authorization from the competent authority or in breach of the acquired permission, license or authorization: Penalty – detention of six months
to one year, and fine.
§ 2 – In the case of domestic custody of a wildlife species that is not considered endangered, the judge may, depending on the circumstances, not apply
the penalty.
Art. 54 To cause pollution of any nature to such an extent that it results or
could result in damage to human health, or that it could cause death of animals
or significant destruction of flora. Penalty – imprisonment of one to four years
and fine.
§ 1 – If the crime is without malice: Penalty: detention for six months to
one year and fine.
§ 2 – If the crime: I. – renders a rural or urban area unsuitable for human occupation; II. – causes air pollution that results in departure of the affected area’s inhabitants, even if momentarily, or causes direct damage to the population’s health; III. –
causes water pollution so that it is necessary to interrupt the public water supply in a
community…
Penalty – imprisonment of one to five years.
§ 3 – Whosoever does not adopt the precautionary measures required by competent authorities in cases of serious or irreversible environmental damage incurs the
same penalties provided for in the previous paragraph1.
Notes: 1http://www.mma.gov.br/ingles/gab/asin/leii.html
IV. Role Play
Different kinds of organizations deal with environmental issues. Read
about some of them. Divide into two groups: representatives of ecological
groups and associations and volunteers wishing to join these organizations.
105
Representatives are to specify the policy of their team; learn the wishes, aims
and experience of a volunteer. Volunteers are to ask representatives about
future opportunities, duties and publicity of their actions.
Find an appropriate person for your organization or an organization
which suits you.
The First National People of Color Environmental Leadership Summit
adopted the following Principles of Environmental Justice at their meeting on
October 24-27, 1991 in Washington, D.C.: Environmental justice demands that
public policy be based on mutual respect and justice for all people, free from
any discrimination or bias. Environmental justice affirms the fundamental right
to political, economic, cultural and environmental self-determination of all
peoples. Environmental justice demands the cessation of the production of all
toxins, hazardous wastes, and radioactive materials, and that all past and current producers be held strictly accountable to the people for detoxification and
containment at the point of production1.
Florida's Department of Environmental Protection has announced a new
initiative to catch people who commit crimes against the environment, especially those who illegally dump waste or toxic materials. DEP Law Enforcement Director Tom Tramel says citizen input will be key... Tom Tramel is Law Enforcement Director for the Florida Department of Environmental Protection. He says
it's organized crime to illegally dump waste for profit... "A company decides for instance that they don't want to pay the cost to properly dispose of it, so they turn to
illegal methods, people who are involved in disposing of it illegally... pay them less
than what it would cost them to properly dispose of it2.”
The Indigenous Environmental Network's initial goals were simple: educate and empower Indigenous grassroots people to address and develop strategies for the protection of our environment; reaffirm our traditional and natural
laws as Indigenous peoples; recognize, support, promote environmentally
sound lifestyles and economic livelihoods; commit to influence all politics that
affect our people on a local, regional, national and international level; include
youth and elders in all levels of activities; protect our rights to practice our
spiritual beliefs.
The Interpol Pollution Working Group is an active forum where criminal
investigators from around the globe meet to discuss issues of importance to
Interpol's member states. These include: role of organized crime in environmental crimes; trans-border shipment of hazardous waste, especially to less
developed countries; illegal dumping of oil in oceans and seas; illegal shipment of ozone-depleting substances; and illegal discharge of waste into rivers
and lakes. Interpol is the only network capable of ensuring a true and consistent global approach to trans-national pollution crime. The Pollution Crimes
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Working Group will coordinate closely with Interpol staff and strengthen its
network with partner organizations.
Notes:1http://www.greenaction.org/hunterspoint/newcivilrights. hml
2
http://www.floridaenvironment.com/programs/fe00904.htm
V. Case Study
1. Consider some legal issues connected with the environment.
1) What is the difference between environmental crime and crisis?
2) Choose one of the crimes and prepare a report stating whether punishment for this crime is relevant. Prove it. If it is irrelevant say how the crime
should be aggravated to deter and prevent possible violations in this sphere.
WRITING
Writing a Research Report
1. The following chart will be helpful in writing research reports.
1. A thesis (a one-sentence statement indicating the purpose of the report)
2. The topic is subdivided into several main ideas, the most general idea coming
first. E.g.:
Law
common law
common law in the U.S.A.
Each idea is supported by facts
3. Bibliography (books, journals, encyclopedias, newspapers, etc.)
2. Write a research report on one of the following topics.
1. Ecological crisis.
2. Role of youth in nature defence.
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LESSON SIX
GRAMMAR: 1. Polysemy of Syntactic words (Continued).
2. The Gerund (Revision).
WORD-BUILDING: Compound Words.
READING AND ORAL SPEECH PRACTICE: Criminal Law and Juvenile
Justice.
CONVERSATIONAL FORMULAS: Discussing an Article (a Book)
WRITING: Understanding Parts of a Book and Writing a Summary
GRAMMAR
Polysemy of Syntactic Words
Word
but
whether
Meanings
но, только, всего лишь, кроме, за исключением
but for – если бы не
anything but – все что угодно, только не...
независимо от, будь то..., ли
whether ... or – то ли ... то ли
The Forms of the Gerund
Forms
Non-Perfect
Perfect
Active Voice
studying
having studied
Passive Voice
being studied
having been studied
Exercise
1. Read the following sentences. Translate them paying attention to the
words and phrases in bold type.
a) 1. We had no alternative but to make a break for the committee. 2. I
have got but a few books on ecological problems. 3. Their demands in this
situation are anything but just. 4. He is but a beginner in our office. 5. He is
anything but a good lawyer. 6. But for your help I shouldn't be able to translate this article dealing with the ozone layer hole. 7. Every student whether of
the junior or senior course must attend all lectures and seminars. 8. The court
may entertain any suit whether the defender is a foreigner or not. 9. This
committee reviews all statutory provisions on ecology and decides whether
any of them should be brought to the attention of the public.
b) 1. The jury needs the judge's help in reducing the case to its essentials. 2. By
deciding only in the context of specific controversies, by finding accommodations
between polar principles, by holding itself open to the recommendation dogma, the
Court provides a symbol of reconciliation. 3. American courts have been more creative in reinterpreting earlier cases in order to adapt the law to changing conditions.
4. The practice of recording the Court judgements is of ancient origin. 5. Upholding
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private rights is the purpose of civil law. 6. The process of passing a public Bill is
basically the same in the House of Lords and in the House of Commons. 7. He was
angry at our having disturbed him when he was speaking to the witness. 8. The
courts prevent administrative authorities from exceeding their powers. 9. After concluding his re-examination, the counsel for the plaintiff called his next witness. 10.
Without being obliged he did everything himself. 11. He denied having been involved in the dispute.
READING
TEXT 1
1. Read the text and make up questions covering: a) its main ideas; b) the
details.
CRIMINAL LAW
"The law of any modern country draws a broad distinction between the remedies
given to any citizen prejudiced in one way or another by the blameworthy activities
of any other citizen – torts – and the sanctions which, for the public good, the state
itself imposes on citizens for their blameworthy activities – murder, theft, maiming,
rioting, assaults, commercial frauds, forgery, breaches of the peace, motoring offences, food and drug offences, and many others, great and small, which we call crimes."1
Thus, the aims of criminal law involve mainly societal concerns rather
than the individual concerns involved in civil law. Criminal law involves punishment of the criminal in order to deter not only the individual found guilty,
but also prevent other individuals from committing similar wrongs. "Sometimes to protect society specific wrongdoers are put out of commission by having them imprisoned. Society also tries to rehabilitate the individual criminal.
Also, the criminal law serves a substitute for private vengeance."2
The English law adopts several classifications of crimes. The older classification was as follows: 1) treasons, 2) felonies, 3) misdemeanours. In 1945 the
differences between treasons and misdemeanours were abolished3. Before the
Criminal Law Act treasons were technically felonies, but for convenience they
were often regarded as a separate category. Some instances of felonies were
murder, manslaughter, burglary, housebreaking, larceny, and rape. Less heinous crimes (perjury, conspiracy, fraud, false pretences, libel, riot, assault)
were misdemeanours. Article 1 of the Criminal Law Act 1967 abolished the
classification of crimes into felonies and misdemeanours4. A new classification
of crimes into arrestable and non-arrestable was introduced. Arrestable offences are defined by the Criminal Law Act, section 2, as ones for which the sentence is fixed by law or for which a person (not previously convicted) under or
by virtue of any enactment must be sentenced to imprisonment for a term of
five years. All other crimes got the name of non-arrestable5.
109
From the procedural point of view, crimes are divided into indictable, summary
and hybrid ones. Indictable offences are those which admit trial by a jury in the
Crown Court. Summary offences do not admit of an indictment of trial by jury. They
are tried summarily by justices of the peace sitting without a jury6. Summary offences are tried in the lower courts. Hybrid offences are triable either summarily or on
indictment, "for if the prosecution so requests and the defendant consents, and if the
court agrees that it is a suitable case, the matter may be dealt with summarily; otherwise, the defendant will stand trial in the Crown Court before a judge and a jury7.”
The third classification of crimes is based on the immediate object of the crimes:
offences against the person, offences against property, offences against reputation,
offences against the state and public order, etc.
The American criminal law preserved the traditional classification of
crimes into felonies and misdemeanours. Felonies are more serious offences;
misdemeanours are less serious ones. Felonies are divided into five classes
(A,B,C, etc.), and there are two or three classes of misdemeanours8.
There are other classifications of crime in the American criminal law:
"1. Federal v. state. Criminal law is primarily state law. However, there are some
Federal crimes that relate to federal government functions such as counterfeiting,
robbing federally insured banks, and securities violations.
2. Property v. person v. government crimes. Some crimes, such as larceny, burglary, and arson, are directed primarily against property, while others, such as assault
and murder, are aimed against people, and still others are against the government,
such as bribery and perjury.
3. Felonies v. misdemeanours. Felonies are serious crimes that usually
carry a sentence of more than one year incarceration, such as embezzlement
and murder, while misdemeanours are less serious crimes for which the punishment is less than one year, such as disorderly conduct and shoplifting.
4. Street, or ordinary, v. white-collar crimes. Street (ordinary) crimes involve offences such as sale of drugs, robbery, and rape. White-collar crimes are nonviolent crimes involving deceit, corruption, or breach of trust. The term includes
crimes committed by individuals such as embezzlement and forgery as well as
crimes committed on behalf of corporations such as antitrust violations, security
fraud, and commercial bribery."9
At common law, with few exceptions, crimes are compounded of two elements: an act of Commission constituting guilty conduct (Actus Reus) and
guilty intention (Mens Rea). "For an act of Commission to constitute an Actus
Reus it must be prohibited by law. ... A person is not held criminally responsible for the harmful consequences of his omission to act unless he was under a
legal obligation to take action in the circumstances in which he was placed. ...
The expression Mens Rea has in recent times been used to denote: (i) the accused's attitude of mind to what he was doing, i.e. whether his conduct was or
110
was not voluntary, (ii) the accused's foresight of the consequences of what he
was doing."10
It is a basic principle of the Anglo-American system of justice that neither
an act alone nor an intent alone is sufficient to constitute a crime; the two must
concur to establish criminal responsibility. The term "act" is interpreted to include a failure to act where there is a positive duty, as in the criminal negligence of parents or physicians.
Notes: 1
Pritt D.N. The Substance of the Law. Book 4, L, 1972, p. 78.
2
Commaker A. Legal Environment of Business. Pennsylvania State
Univ., 1993, p.29-30.
3
Решетников Ф.М. Правовые системы стран мира. Справочник.
М., 1993, с. 34.
4
Там же.
5
Там же, с. 35.
6
Garcia M. Criminal Law and Procedure in a Nutshell. L., 1953, p. 5.
7
Bruce R.H. Success in Law. 3-rd ed. L., 1991, p.54.
8
Решетников Ф.М. Указ. соч., с. 35.
9
Commaker A. Op. cit, p. 30.
10
Garcia M. Op. cit, p. 7-8.
2. Give the Russian for.
remedy, blameworthy activities, tort, assault, motoring offences, breaches of the
peace, commercial frauds, theft, food and drug offences, an individual found guilty,
to prevent somebody from committing a crime, to rehabilitate a criminal, burglary,
housebreaking, larceny, heinous crimes, perjury, false pretences, libel, offences
against the reputation, offences against the state and public order, counterfeiting,
robbing, securities violations, arson, bribery, embezzlement, disorderly conduct, sale
of drugs, rape, non-violent crimes, deceit, corruption, breach of trust, securities fraud,
prohibited by law.
3. Give the English for.
нанесение увечья, учинение массовых беспорядков, подлог, уголовное
право, гражданское право, наказание преступника, удерживать от совершения
чего-нибудь, виновный, правонарушение, правонарушитель, совершить преступление, заключить а тюрьму, месть по личным мотивам, "арестные" ("неарестные") преступления; преступления, преследуемые по обвинительному
акту; преступления, преследуемые в порядке суммарного производства; простое убийство, тяжкое убийство, преступление Против личности, преступление против собственности, кража в магазине, бело-воротничковое преступление (преступая махинация, совершенная служащим или лицом, занимающим
высокое общественное положение), умысел, вредное последствие, бездей-
111
ствие, обвиняемый, система правосудия, уголовная ответственность, преступная небрежность
4. Complete the following sentences.
1. ... is an intentional act or omission in violation of criminal law.
a) tort, b) crime, c) robbery
2 .... …or Means Rea, has been rather broadly interpreted so as to apply to
behaviour that is rooted in socially dangerous mental states.
a) guilt, b) heinous crime, c) intent
3. The standard for criminal... depends on the degree of care that a reasonable person should exercise under the circumstances.
a) negligence, b) false pretences, c) manslaughter
4. One and the same act may constitute both a crime against the state
and a ... of an individual's private interests.
a) imprisonment, b) violation, c) blameworthy activities
5. The offence of... has two ingredients: the act (e.g., walking out of the
shop without paying) and the mental intent of doing it on purpose.
a) murder, b) libel, c) theft
6. The Sexual Offences (Amendment) Act 1976 stipulates that a man is
held to commit the offence of... if a) he has unlawful sexual intercourse with a
woman who at the time of the intercourse does not consent to it; and b) at that
time he knows that she does not consent to the intercourse or is reckless as to
whether she consents to it.
a) assault, b) rape, c) perjury
5. Translate the following sentences.
to prevent (smb.) from doing (smth.)
1. They were prevented from coming in time by the accident. 2. He was
prevented from committing suicide.
to put (smb.) out of (some action)
The criminals were put out of commission of other crimes.
to involve (in)
1. The accident involved five cars and a bus. 2. Criminal law involves
many societal concerns. 3. The children were involved in the crime by their
elder brother.
6. Make up word-combinations.
a) harmful
conduct
blameworthy
good
public
frauds
guilty
activities
commercial
law
motoring
crimes
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drug
criminal
civil
arrestable
non-arrestable
indictable
summary
heinous
hybrid
immediate
more serious
less serious
disorderly
offences
object of crime
bribery
intention
consequences
responsibility
negligence
b) breaches
punishment
substitute
classifications
crimes
foresight
offences
breach
of
for
against
trust
the consequences
private vengeance
the state and public order
crimes
property
government
the criminal
the reputation
the peace
the person
c) to rehabilitate
to sentence
to prohibit
to hold
to be aimed
to be directed
to
by
for
against
-
government
law
property
the individual criminal
imprisonment
people
7. Translate the following words. Consult a dictionary if necessary.
Model 1: Noun + Noun = Noun
land-tax, workhouse, tax-deed, jury-box, jury-woman, eye-witness, halfproof, copyright, police-court, manslaughter, tax-payer, wrong-doer, crossexamination, cross-appeal, wrongdoer, fundholder, lawbreaker
Model 2: Noun + Gerund = Noun
child-stealing, shoplifting, law-making, rule-making, statute-making, land
owning
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Model 3: Adjective + Noun = Noun
blackmail, grandson
Model 4: Noun + Preposition + Noun = Noun
act-in-law, father-in-law, mother-in-law, son-in-law, man-in-possession,
commander-in-chief
Model 5: Pronoun self + Noun = Noun
self-defence, self-government, self-murder, self-protection, self-injury,
self-incrimination
Model 6: Verb + Adverb = Noun
break-in, break-out, runaway
Model 7: Noun + Participle I, II = Adjective
law-abiding, judge-made
Model 8: Adjective + Noun + ed = Adjective
short-sighted, broad-minded
Model 9: Adverb + Participle I, II = Adjective
:
well-informed, long-suffering
Model 10: Adjective + Adjective = Adjective
light-blue, dark-green
Model 11: Noun + Adjective = Adjective
noteworthy, blameworthy, duty-free, tax-free
Model 12: Numeral + Noun + Adjective = Adjective
seventeen-year-old, five-year-old
Model 13: Noun + Verb = Verb
to half-understand, to cross-examine, to double-charge
Model 14: Noun + Preposition + Noun = Adverb
eye-to-eye, day-to-day
8. Study the following Latin and Greek elements used for coining English legal terms. Translate the derivatives into Russian.
bigamy < Lat. bi – дву(х)... + Gr. gamos – брак, patricide < Lat. pater (patris) – отец + cide < Lat. caedes – убийство, prolicide < Lat. Proles (prolis) –
отпрыск + cide, regicide < Lat. rex (regis) – царь + cide
9.
Try to guess the meaning of the following words.
bi-cameral, infanticide
10. Translate the following sentences paying attention to the forms of the
Gerund.
1. The partners in a firm of bookmakers were prosecuted on charges of bribing
or attempting to bribe members of the Metropolitan Police. 2. The Actus Reus is
usually a positive act, for example, taking something or hitting someone. 3. I know
of his having given the evidence. 4. Stealing money or goods from a person is lar-
114
ceny. 5. I know of his being prosecuted for embezzlement. 6. I know of his having
been convicted for burglary. 7. We were told of his having proved his innocence.
11. Ask as many questions as you can based on text A. Ask your groupmates to answer them.
TEXT 2
1. Memorize the following words and their definitions.
dock – скамья подсудимых
evidence – свидетельские показания
proof – доказательство
2. Read the following international words and give their Russian equivalents.
relevant, presentation, to examine, reason, to instruct
3. Analyze the morphological structure and the meanings of the following words.
examination, examination-in-chief, cross-examination, re-examination, to
weaken, reasonable, otherwise, applicable, foreman, courtroom, explanation,
justification, conviction, defence, defendant, juror
4. Read the text, try to guess the meanings of the words and phrases in
bold type. Get ready to retell the text.
STAGES OF TRIAL BY JURY
There are several stages of jury trial. First the defendant is brought into the
dock and is charged with a crime. The charge read to the defendant is known
as the indictment. The defendant pleads Guilty or Not Guilty. If he pleads Not
Guilty, the jury is selected and sworn to do justice. Then the trial begins.
The prosecuting counsel opens the case by laying the facts before the jury. He also says what the relevant law is.
Witnesses on one side and then on the other are called. This is the stage
known as examination-in-chief. The witnesses for each side may be crossexamined by the other. The aim of cross-examination is to weaken or destroy
the earlier evidence. To repair the damage done in cross-examination, the side
which called the witness may re-examine him or her. The judge presides over
the process deciding whether the evidence offered by each side can be admitted or rejected.
After the presentation of evidence by both sides the lawyers make speeches in which they sum up the proof. The prosecution is the first to make the
speech and the defence has the last word.
Before the jurors leave the courtroom and begin discussing the case in the
jury-room, they are instructed by the judge. He reminds them of the crime the
115
defendant was charged with. While instructing the jury the judge stresses that
in order for the jury to find the defendant guilty, they must be convinced beyond a reasonable doubt, that he committed the crime as charged, otherwise
they must find him not guilty. The judge also states the applicable legal norms.
After hearing the instruction, the jury retires, elects a foreman and considers its
verdict. Then the jury returns to the courtroom and announces the verdict without
any explanation or justification. If the jury returns a verdict of acquittal, the defendant is free to go. If the jury returns a verdict of conviction the judge must proceed to
consider the sentence.
5. Fill in the following chart
The stages of the trial by jury
Stage 1
…
Stage 2,
…
etc.
TEXT 3
1. Memorize the following words.
delinquent – правонарушитель, преступник
juvenile justice – ювенальная юстиция
adult - совершеннолетний
waive – отказывать в судебной процедуре слушания всего дела
waiver – отказ в судебной процедуре слушания всего дела
2. Read and translate the following international words.
surrogate, minimum, transfer, automatic
3. Translate the family words:
delinquency – delinquent – non-delinquent, approximate – approximately,
depend – dependant, legislative – legislator, offend – offender, automatic –
automatically, waive - waiver
4. After you read the following text, be ready to present your point of view
on the issue. Brainstorm the reasons for having a separate justice system for
juveniles. Compare the age of responsibility in the U.S.A. and Russia.
JUVENILE JUSTICE
A juvenile is any person who is not yet an adult. In most states and the District of
Columbia, individuals under 18 years of age are considered juveniles. A delinquent is
a juvenile who has committed an illegal act. There is a judicial (court) system especially for juveniles. In most states and the District of Columbia, youth under the age
of 18 who commit an illegal act have their cases heard in juvenile court. All states set
an age limit that determines whether a person accused of a crime is a juvenile or an
adult. The original idea behind juvenile court was that children in trouble with the
law should be helped rather than punished. The first juvenile court was created in
116
Cook County, Illinois in 1899. Before 1899, youth were tried in the adult criminal
court system and subjected to adult penalties.
A central concept of the juvenile court is the principal of parens patriae
(the state as the parent) in which the court acts as a surrogate parent in the best
interest of the child. The juvenile court also uses terms and procedures that are
different from adult or criminal court.
A juvenile hearing is usually a private proceeding with a judge. A trial is a public
proceeding with a judge and possibly a jury. An adjudicatory hearing is like a “trial,”
when the judge hears the facts of the case from the defense attorney and the prosecution. The judge decides if the juvenile is delinquent or nondelinquent. A dispositional
hearing is when the judge gives a “sentence” to the youth. If a youth is found nondelinquent there is no dispositional hearing.
Usually, there are three procedures by which youth are waived or transferred to adult court:
A. The judge decides, after a hearing, that the case should be heard in
criminal court: In 46 States and the District of Columbia (as of 1999) judges
can, usually after a request by the prosecutor, decide to “waive” jurisdiction
and transfer the juvenile to criminal court for trial in the “adult” system. Some
states allow complete judicial discretion, others allow judicial waiver only for
certain offenses, or in certain cases. Many states set minimum ages for such
transfer. In all cases, judicial waivers must consider certain circumstances set
out in the U.S. Supreme Court’s Kent decision. In 1996, approximately 10,000
cases (about 1.6%) were judicially waived into criminal court.
Thus:
• no Judicial Waiver in Connecticut, Massachusetts, New Mexico, New
York; no Age Specified: Alaska, Arizona, Maine, Montana, Oklahoma, South
Dakota,
• Washington, West Virginia; dependant Upon Offense;
• 14 years: Alabama, Arkansas, California, Connecticut, Florida, Iowa, etc.
B. For certain charges the law states that the case will automatically be
heard in criminal (adult) court: In a growing number of states (28 in 1999), legislatures have “excluded” certain young offenders from juvenile court jurisdiction based
on age and/or offense. Some states have simply defined the upper age of juvenile
jurisdiction as 15 or 16. Other states exclude youth of a certain age who commit certain felonies from juvenile jurisdiction. The most common minimum age for automatic waiver is 16 but in some cases it is as low as age 13 as in Georgia, Illinois,
Mississippi, New York, and Oklahoma (for some offenses). These statutes move
these youth automatically up to the adult criminal system. In 1996, over 200,000
cases involving youth under age 19 were moved into criminal court based on these
exclusions.
117
C. By state law the prosecuting attorney makes the decision to file certain
charges in the juvenile or adult court: A third method of “waiver” exists in some
states (15 as of 1999) in which the prosecutor can file certain cases in either juvenile or
criminal court. Which cases are eligible for such “prosecutorial transfer” are based on the
age of the youth and the crime committed.
TEXT 4
1. Read the text. Get ready to ask your fellow-students as many questions
as you can based on the text.
DEALING WITH CHILD ABUSE
AND NEGLECT CASES IN THE US
Law enforcement officers in different US states are required by statute to report
suspected child abuse and neglect cases to special departments. Officers should view
workers and other professionals - including social workers, physicians, nurses, educators, prosecutors, and victims assistance advocates - as partners in fighting child
abuse and neglect. Law enforcement officers should also:
1) intervene in any case of alleged family violence.
2) protect the victims without regard to the relationship between the alleged offender and victim. This mandate includes the completion of a written
report and the necessary action under protective order statutes.
3) investigate any conduct by act or omission that results in physical or
emotional injury to the child, including homicide.
4) report abuse and neglect cases to the Department of Protective and
Regulatory Services. (Mandated Statutorily)
5) enforce court orders.
Many departments have specially trained officers and units assigned to investigate and follow-up on all child abuse and neglect cases. Trained officers
in this area are important because the victim's age often affects how the investigator may proceed.
Other professionals who have important roles in child abuse and neglect
cases are the social worker, the physician, the nurse, the educator, the prosecutorial staff and victim’s assistance advocates1.
Notes: 1 http://www.policecentraltraining.com/Courses/ICA/2_ 1.html
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Agree with the following statements.
Model 1. A: One (you, people) must read newspapers to be well informed.
B: That's right. One (you, people) can be only well informed by
reading the newspapers.
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Prompts: 1. One must practise very much to learn the English language.
2. One must read much to get good knowledge. 3. One must study the codes
and legal doctrines to become a good lawyer. 4. One must drive carefully to
avoid accidents. 5. One must learn hard to become a good specialist. 6. One
must learn English legal terms and grammar to be able to translate English
texts on law.
Model 2. A: One (you, people) must work hard to get a good education.
B: Getting a good education is very important.
Prompts: to get a position of responsibility, to be promoted, to understand
the native English speakers, to improve professional skills, to acquire the
knowledge of the subject
Model 3. A: You shouldn't worry about him. It's not worth it.
B: I know it's not worth worrying about him, but I can't help it.
Prompts: to think about it all the time, to be sorry about it, to get angry because
of it, to worry about this problem, to be upset because of the incident
2. Say that you like (hate, enjoy, avoid) doing something.
Model: I enjoy reading books in the evenings.
Prompts: to meet him, to read detective stories, to speak to him, to argue
with the boss, to drive a car in busy streets, to get up early, to write business
letters, to do paper work
3. Ask and answer as in the model.
Model. A: Do you mind speaking to him?
B: Certainly not. I don't mind speaking to him.
Prompts: to work overtime, to discuss this matter with him, to answer
these letters, to look through these documents once again, to make a report on
juvenile delinquency
II. Conversational Formulas
Discussing an Article (a Book)
The article/book appeared/ was
Статья/книга
появиpublished in...
лась/была опубликована в ...
The article/book is written by... '
Статья/книга
написана
(кем).
The article/book is written for/is ad- Статья/книга написана для (адреdressed to specialists in the field of...
сована)специалистов (специалистам) в области…
The article/book introduces the Статья/книга знакомит читатеreaders to.../ The article/book ac- лей с...
quaints the readers with…
The article/book covers...
Статья/книга охватывает...
The article/book is devoted to/ deals Статья/книга посвящена...
119
with...
The author is interested in the problems of...
In this article/book the author gives
description...
The title of the book is...
The heading/title of the first chapter is...
The headline of the newspaper article is...
The article/book/volume consists of
two/three/...parts/chapters/ sections.
The book begins with an introductory
chapter/general remarks
The book is/presents a comprehensive/careful/detailed/study
of/description of...
One of the drawbacks/shortcomings
of the article/book is...
The book/article suffers from some
defects.
The article/book contains out-ofdate information.
Some details have been neglected
Автор
интересуется
вопросами...
В этой статье/книге автор дает
описание...
Название книги …
Заглавие первой главы…
Заголовок газетной статьи ...
Статья/книга/том состоит из
двух/трех/... частей/глав/ разделов.
Книга начинается с вступительной главы/общих замечаний
Книга представляет собой исчерпывающее/тщательное
/детaльное изучение/ описание...
Одним из недостатков статьи/книги является...
Книга/статья страдает некоторыми недостатками.
Статья/книга содержит устаревшую информацию.
Некоторые детали отсутствуют.
Exercises
1. Read the following flashes of conversation.
1.
A: You should read the book "Law in Modern Society" by all means.
B: When did it appear?
A: It has been published this year in the U.S.A. The book was written by
M. Smith and is addressed to professional scientists.
B: Why do you recommend it?
A: I think it's an excellent book. It covers a wide range of legal problems
and it is a comprehensive study of the role the law plays in modern society.
2.
A: What does the article you are reading deal with?
B: It deals with the problem of crime in modern society. It gives a detailed
description of the new methods of crime prevention.
A: What's the title of the article?
120
B: "Juvenile Justice".
3.
A: Have you read this book up to the end?
B: Not yet. I've read only the Introductory Chapter and Chapter I.
A: How many chapters are there in the book?
B: Five.
A: Do you find the book interesting?
B: Not very.
A: Why?
B: Much of the material presented in the book is out-of-date. There are
some mistakes of fact at that.
A: I see. But if the book suffers from so many defects why continue reading it?
B: But it contains some very useful information too. I'll read it up to the
end, by all means, despite its shortcomings.
2. Make up dialogues based on the following assignments.
1. Ask your fellow-student to give you a piece of advice as to what textbook in
criminal law you should use. 2. Ask your fellow student about the last scientific
article (book) he/she has read. Try to get as much information as possible about the
book (its title, its author, its structure and contents).
III. Polylogue
1. Read the polylogue.
At the English lesson the students analyze the articles they have read in
American journals.
Teacher: Last time I asked you to choose an article dealing with some legal
problem. Now we are going to listen to your reviews. Let's get started.
Oleg: I've read the article "Dealing With Death" by David O. Stewart in
the ABA Journal, Volume 8, November 1994. The article deals with the problem of capital punishment in the U.S.A. The author cites the points of view of
other lawyers who consider the death penalty unconstitutional. At the same
time, this view contrasts with the popular enthusiasm for the death penalty,
which is in effect in 37 states of the U.S.A. The author also points out that capital punishment does not often result in its execution, because a lot of death
row prisoners succeed in having their death sentences lifted or in having the
convictions overturned on appeal.
Nina: The article I want to dwell on is entitled "Where do we draw the
line?" It appeared in the January issue of "California Lawyer" in 1995. It was
written by Sarah Henry. The article raises both legal and moral problems of
active euthanasia1. Some people call it mercy killing, but their opponents call it
homicide. The author of the article describes a case when a physician gave an
121
injection of a lethal dose of potassium chloride2 to a girl who was dying to stop
her from suffering. The hospital reported the incident to the district attorney's
office but the DA's3 office declined to prosecute the physician because they
had no significant evidence for a criminal case.
Alla: The title of the article I've chosen is 'Straight Talk' by Talbot Sandy
D'Alemberte which was published in the ABA Journal, Volume 78, August
1992.lt covers a wide range of problems of the national system of American
justice. The author points out its drawbacks: overcrowded courts and prisons,
racism in the U.S. justice system, the erosion of rights of persons accused or
wrongfully convicted. The author also touches upon the problem of legal services for the poor. He states that current spending for legal services to the poor
is 35 percent less than it was in 1981. Racism results in the fact that American
judges and prosecutors are overwhelmingly white, while the defendants are
likely to be Hispanic or black. The opinion of the author is that political leaders should take all these problems seriously.
Notes: 1 active euthanasia – активная эйтаназия, лишение жизни по
соображениям гуманности безнадежно больных или умирающих
2
potassum chloride – хлорид калия
3
DA = District Attorney
2. Say what you have learned about the problems the students spoke of.
3. Choose articles concerning legal problems to dwell upon in class.
IV. Topics for Discussion
1. Memorize the terms.
Deterrence
The act or process of discouraging certain behaviour, practically by fear; esp., as a goal of criminal
law, the prevention of criminal behaviour by fear of
punishment (= сдерживание, предупреждение
преступления)
Incapacitation The action of disabling or depriving legal capacity
(= лишение прав)
Retribution
Punishment imposed as repayment or revenge for the
defense committed; requital (прибл. = репрессалия)
Restitution
Compensation for benefits deprived from a wrong
done by another (прибл. = восстановление первоначального правового состояния, реституция)
Denunciation Declaration that an act is a crime and prescription of
a punishment for it (= осуждение)
Rehabilitation The process of seeking to improve a criminal’s character and outlook so that he or she can function in
society
without
committing
other
crimes
122
(=перевоспитание).
2. Look through the text on reasons giving grounds for punishing offenders. Discuss the effectiveness of these measures: a) for adults; b) for juveniles.
PUNISHMENT
There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further
crimes (individual deterrence), to assist the offender, so that he or she won’t
offend again (rehabilitation), to prevent the offender from committing further
crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation); to provide compensation to the victim
where possible (restitution); to discourage others from committing crimes
(general deterrence); to provide punishment that reflects the seriousness of the
offence (retribution); to discouraging the offender from committing further
crimes1.
1
Notes:
http://www.justice.govt.nz/pubs/reports/2003/publicattit
udes/aims-of-sentencing.htm
3. Read the following list of acts constituting domestic violence in the
USA. Does it differ from Russian understanding of domestic violence?
You are abused if the person you love:
“Tracks” all your time.
Constantly accuses you of being unfaithful.
Discourages your relationships with family and friends.
Prevents you from working or attending group meetings or school.
Criticizes you for little things.
Angers easily when drinking alcohol or taking drugs.
Controls all the finances and forces you to account in detail for what you
spend.
Humiliates you in front of others.
Destroys personal property or sentimental things.
Hits, punches, slaps, kicks, or bites you or the children.
Uses, or threatens to use, a weapon against you.
Threatens to hurt you or the children.
Forces you to engage in sex against your will.
4. Discuss in groups of three or four some issues which are important for
criminal law. Find additional information if it is necessary.
1. What makes criminal enforcement of regulatory requirements different
from civil enforcement? When is criminal enforcement appropriate? 2. What is
“mens rea”? Why is it a necessary ingredient of criminal enforcement in many
legal systems? 3. In your opinion, should criminal liability be imposed on
123
those who did not know they were violating the law? Should ignorance of the
law be an excuse? 4. Should managers and officers of a company be personally
criminally liable for the intentional violations of the law committed by those
they supervise? Should it depend upon what the managers/officers knew and
when they knew it? Is a principle of strict liability applied to criminal offences
in Russia? 5. Should the majority of cases be decided by mediation and conferencing? 6. Should the age of criminal responsibility be raised from 10 to 12
years? 7. Should the Bill of Rights include an obligation on the state to keep
the age of criminal responsibility under review?
5. Divide into two groups: proponents and opponents of considering juvenile cases in adult court. Prepare a speech including all the arguments you
consider to be important. Comment on the following statements. Say whether
you agree or disagree with them.
• Violent youth are treated too softly by juvenile justice systems and need
to go to adult prisons.
• Many of the youth who commit the worst crimes have long records of
delinquency and have not been punished.
• The juvenile justice system was never meant to deal with the kind of violent
behavior that is now increasing the death rate among young people.
• The juvenile justice system was developed with an emphasis on rehabilitation and treatment, and it has failed these violent youth.
• If dangerous youth are locked up, they will not be out causing more trouble.
• Sending youth to adult court will make them less likely to commit crimes
in the future.
• With the most violent kids in adult prisons, the less violent offenders are
no longer exposed to them and can be treated better by the juvenile justice system.
• Kids who are 13 or 14 don’t belong in prison.
• It is cruel punishment to send youth to adult prisons.
• Our society cannot afford to lose these youth to the harsh education they
will learn in adult prisons. They need to receive treatment to become productive members of the community.
• Putting young offenders in adult prisons will make them more likely to
continue committing crimes.
• Placing kids in adult prisons will breed more hostility and anger.
• Juveniles who are waived to adult court will not necessarily receive
harsher sentences. They are eligible for bail, plea bargaining, and other options.
6. Discuss the following issues in groups.
124
When you look at the kids who land in adult court, you often find that
they’ve been bouncing through the system for years, basically getting a free
pass for lesser crimes until they commit a horrific act. Discuss how that cycle
might be broken. Why won’t policy makers stop focusing solely on the worst
one percent and channel resources to either more effectively rehabilitate or
punish kids before their crimes escalate?
7. Agree or disagree with the following statements.
1. It should be parents’ responsibility to educate their children as to what is and
is not acceptable behavior.
2. Parents should be aware of what kind of activities their kids are into and what
type of crowd they spend time with.
3. Physical activity/recreation can be helpful in proper education of youthat-risk.
V. Case Study
1. Say if the following cases are juvenile or adult.
1. Carmen is picked up by the police for vandalism. At her first hearing, the
judge decides to let her go home until the adjudicatory hearing.
2. Ray has been convicted of murder and is sentenced to life in prison.
3. Susan is picked up for not attending school.
4. Murray has no criminal record, even though he was in court and admitted to
shoplifting charges five years ago. He has not been arrested since then.
5. Chantal’s lawyer asked the jury to find her “not guilty.”
6. The social worker told the judge that Mabel obeys her parents and her curfew
and attends school regularly.
7. Boris was arrested and charged with robbery. He later had a trial.
8. Billy was picked up by the police as a runaway.
9. Pedro will always have a criminal record, even though he has only been convicted of a crime once.
10. Phyllis looked around the courtroom and saw a lot of people watching her
trial.
2. Solve the following problem.
Task 1. Read the definition of "false pretences" in the English Law.
"When a person 1. by any false pretence, . 2. with intent to defraud, 3. obtains from any other person any chattel, money or valuable security.
1. The Pretence and its Falsity
(1) Must be wholly or in part of an existing fact.
(a) Must relate to the past or the present, not to the future.
R. v. Lee.
125
(b) But a promise to do a thing coupled with a false representation that the
promisor has the power to do it will be sufficient.
R. v. Jennison.
R. v. Dent.
(c) A mere expression of opinion, however exaggerated, is not a false pretence, e.g., a tradesman puffing his wares.
R. v. Bryan.
(2) Must not be expressed in words, but may be inferred from acts or conduct.
R. v. Barnard.
Ordering a meal at a restaurant without the means to pay is not a false pretence within the Larceny Act, 1916 (h)
R. v. Jones.
(3) Must be made with knowledge or recklessness of its falsity.
(4) Must be made to the person from whom the property was obtained (or
sought to be obtained) or his agent.
R. v. Ball."1
Notes: 1M. Garcia. Criminal Law and Procedure in a Nutshell. L, 1957
Task 2. Read the description of the precedent.
R. v. Lee.
(1863) 1L.&C. 309
The prisoner obtained money from A by pretending "that he was going to
pay his rent on the [following] Monday". Held, that he could, not be convicted
of obtaining money by false pretences.
This case was considered by Cockbum, C.J., Pollock, С.В., Williams, J.,
Crompton, J., and Bramwell, B.
Cockbum, C.J. – We are all agreed that the case proved against the prisoner will not warrant the conviction. There is no false pretence of an existing
fact1.
Notes: 1A Selection of Leading Cases Illustrating the Criminal Law. 4th
ed., L, 1942-45
Task 3. Explain the decision the judges arrived at.
WRITING
Understanding parts of a Book
To locate information quickly study the title page, copyright page and the
table of contents.
1. The title page of a book names the title, author and publisher.
E.g.: Success in Law – the title
Third Edition – the edition
126
Richard H. Bruce, L.L.B.,
A.C.I. Arb. of Gray's Inn,
Barrister-at-law – the name and degree of the author
JOHN MURRAY – the publisher
2. The copyright page contains the year of the publication, the years of the
publication of the previous editions. E.g.:
(C)Richard H.Bruce 1991
Reprinted (with revisions) 1980, 1983, 1986
Second edition 1988
Third edition 1991
Reprinted 1992
The table of contents is usually in the front of the book and lists the page
number for each chapter (unit, section, subunit, subsection, etc.). E.g.:
Foreword
VIII
Acknowledgments
X
Unit 1 The English Legal System
1
—
pages
1.1 The meaning of law
1
1.2 Law and morality
3
1.3 Civil and criminal'law
4, etc.
Writing a Summary
1. Choose a book on law. Write a summary using the following scheme.
I. In the introduction mention
a) the name of the author,
b) the year of the publication,
c) additional information (the editor, the edition),
d) the number of the chapters.
II. The body of the summary.
While writing this part of the summary keep to the following plan:
a) the problems the book deals with (skim through the table of contents);
b) some particular problems that could interest the reader most of all (scan
through some pages of the book using the information in the table of contents);
c) say what purpose the author had in writing this book.
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LESSON SEVEN
GRAMMAR: The Functions of the Verbs to be, to have (Revision).
WORD-BUILDING: Noun-forming Suffixes Denoting State and Quality (Revision).
READING AND ORAL SPEECH PRACTICE: Civil Law and its Interconnection with the Criminal Law.
CONVERSATIONAL FORMULAS: Giving a Series of Reasons.
WRITING: Writing an Essay.
GRAMMAR
The Functions of the Verbs to be, to have
to be
+ Noun,
Numeral
Adjective,
to have
to be
+ Infinitive
to have
to be
to have
+ Participle I, II
to be – быть, являться находиться
to have – иметь
to be – должен ( в силу договоренности, приказа и т.п.)
to have – должен (в силу обстоятельств) вынужден
Вспомогательные глаголы в
составе сказуемых, выражающие грамматические значения
лица, числа, времени
Exercises
1. Translate the following sentences paying attention to the functions of
the verbs to be, to have.
1. There is a cardinal distinction between judiciary and statute law in the
way it is interpreted. 2. The House of Lords is considered the upper house of
the British parliament, but its political powers are much more limited than
those of the lower house, the House of Commons. 3. He was sentenced to
six months' imprisonment. 4. Suicide is the intentional taking of one's own life.
5. Assaults may also be a crime. 6. The sentence is final and not subject to appeal. 7. She is looking for the latest issue of the New Law Journal. 8. The trial is
to begin at 11 a.m. 9. In some countries in order to practise as a lawyer it is not
necessary to have a degree, although most people entering the profession do. 10.
He had to choose between two conflicting decisions. 11. I have been studying law
for two years. 12. The merger of barristers and solicitors into one single body of
lawyers has long been the subject of debate both within and outside the legal
profession. 13. The relationship between solicitors and barristers was often said
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to have been analogous to the general practitioner family doctor and the hospital
consultant who gives a more specialized treatment to patients. 14. Since 1984
solicitors in Great Britain have been allowed to advertise their services in the
press or on radio. 15. What has to be done during the arrest is to make it clear
to the suspect that he is being arrested and the reason for his arrest. 16. The suspect had two previous convictions. 17. The detective told the local police what
had happened and asked them to keep an eye on the man.
2. Choose the correct form of the auxiliary in brackets.
1. Historically there (is, was, were) the right to challenge seven jurors. 2. The
prosecution in Great Britain (have, has, was, were) always had a right to remove potential jurors. 3. In many legal systems of the world it (was, are, is, am)
an important principle that a person cannot be considered guilty of a crime until
the fact of committing the crime is proved. 4. The law (had, has, have, are) to
regulate relations between people. 5. In Britain most court cases (is, are, have)
open to the public. 6. The court held that the defender (has, had) been negligent.
READING
TEXT 1
1. Read and translate the text paying special attention to the words and
word-combinations in bold type. Explain your choice.
TORTS AND CONTRACTS
"When we think of modern civil litigation, we usually think of contract or
of tort – disputes growing out of trade, or the relationships between employer
and employee, or the agreements under which corporations and partnerships are
organized and do business with each other and with the public; or actions to
compensate for damage negligently done to a person or to goods (mostly on
the highway or, lately, in the hospital), or intentionally, for fraud, libel, invasion
of privacy, infringement of patent or copyright, occasionally assault, and (again
lately) deprivation of civil rights."1
The word "tort" is derived from the French language meaning "wrong." In
legal terminology the word means any civil wrong other than breach of contract
or breach of trust.
"Lawyers group under this general heading of Tort all acts of any person or
organization which by law gives to any other person or organization the right to
claim damages or other legal remedies against the "actor" (as lawyers call the
person doing an act), other than acts which give a right to claim damages for
breach of contract, contract being ... an obligation voluntarily undertaken
by one person to another"2. Contract law "enforces duties set out in parties'
agreements... Tort law requires no express agreement between the parties for
a duty to arise, but instead simply assumes that all members of society have a
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common, unspoken duty to refrain from behavior that will cause harm to other people"3.
"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 tortious act. For example,
simply entering land without the owner's permission is not a crime in English
law. It is, however, the tort of trespass"4. The trespasser may be asked to leave
and, if he does not, he may be forced to do so.
Some torts are rather specific, e.g. trespass or false imprisonment. The latter
occurs when someone is detained against his or her will even for a short period of
time, when neither force nor threat are used and the person detained was not forced
or inconvenienced. Other torts are used in many different situations, e.g. the tort of
negligence. This includes reckless motorists, doctors who diagnose wrongly or give
the wrong treatment to patients, etc.
"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"5.
The next tort to consider is nuisance. There are nuisances of two types: public
and private. Public nuisances involve cases where the public as a whole suffer more
than an individual. That is why public nuisances are not torts but crimes. A private
nuisance is more limited. The occupier of an apartment, for example, may sue in the
tort of nuisance if he is disturbed by the noise made by his or her neighbour. Most
common forms of nuisance are noise, smells, falling objects, etc.
The tort of defamation "is concerned with injury to the reputation of another person. The elements are (1) the defendant made a defamatory statement
concerning the plaintiff; (2) the statement was "published"; and (3) the statement damaged the plaintiffs reputation"6.
One of the newest torts in the U.S.A. is infliction of emotional distress.
"This involves intentional conduct that is so reckless and outrageous that it
causes severe mental distress to a person of ordinary sensibilities. Recently a
U.S. district court held that passengers on a jetliner that had plummeted toward
the ocean during a flight, causing the passengers to believe for a period of time
that they were going to die, could sue for emotional distress"7. These are only the
examples of torts. In fact torts are numerous and various.
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"It often happens that a person who suffers a wrong finds that he has the
choice in the law of contract to sue either in the law of contract or in tort. For
example, if I am injured in a taxi because of the driver's careless driving, I could
sue the driver for breach of an unwritten contract to take me to the airport, or I
could sue him for the tort of negligence. The choice may depend upon which
case is easier to prove and whether I am likely to get larger damages under the
law of contract or the law of tort."8
There are several classifications of contracts: "they are classified according to how they are created (expressed/implied), to their stage of performance
(executory/executed), and whether the agreement involves making a promise for
a promise or a promise for an act (bilateral/unilateral)... Contracts may be categorized according to enforcement. If a contract is fully enforceable by both
parties to the agreement, the contract is a valid one. Most contracts probably
fall into this class. If, however, a contract is enforceable by only one of the parties, it is voidable... If a contract in some manner violates public policy, then
it is void and the contract is treated as though the parties had never entered into
it."9 There are also other classifications of contracts.
Notes:1 Rembar Ch. The Law of the Land: The Evolution of Our Legal System. N.Y., 1980, p. 188.
2
Pritt D.N. Law and Class Society. Book 4: The Substance of the Law.
L, 1972, p. 9.
3
Burnham W. Introduction to the Law and Legal System of the United
States. St. Paul, Minn., 1995, p. 401.
4
Powell R. Law Today. Longman, 1993, p. 51.
5
Ibid., p. 55.
6
Burnham W. Op.cit., p. 419.
7
Commaker A. Legal Environment of Business. The Pennsylvania State
Univ., 1993, p. 19.
8
Powell R. Op. cit., p. 52-54.
9
Commaker A. Op. cit, p. 45-46.
2. Give the Russian for.
civil litigation, trade, employer, employee, fraud, libel, invasion of privacy,
assault, to claim damages, evidence, private dispute, tortious act, entering land,
trespass, harm, to detain, reckless motorist, plaintiff, defendant, injury, to
sue, defamation, infliction of emotional distress, intentional conduct, careless
driving, expressed contract, implied contract, bilateral contract, unilateral
contract
3. Give the English for.
товарищество, небрежность, нарушение авторского права, лишение гражданских прав, гражданское правонарушение (деликт), нарушение контракта,
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добровольно, гражданское право, спор, жертва преступления, уголовное преследование, уголовное право, нарушитель владения, неправомерное лишение
свободы, угроза, обязанность соблюдать осторожность, источник опасности
для какого-нибудь лица или группы лиц, договор с исполнением в момент
заключения, договор с исполнением в будущем, подразумеваемый договор,
ничтожный договор, оспоримый договор; договор, имеющий юридическую
силу
4. Complete the following sentences using the words given below each sentence
(a, b, or c).
1. ... is an unjustifiable interference with possession,
a) defamation, b) trespass, c) careless driving
2. ... is an attack against someone's reputation through written or spoken
word.
a) nuisance, b) defamation, c) negligence
3. Entering land without the owner's permission is...
a) trespass, b) infliction of emotional distress, c) careless driving
4. ... is the omission to do something which a reasonable man would not do.
a) negligence, b) trespass, c) false imprisonment
5. ... is the unlawful confinement of a person against his or her will.
a) infliction of emotional distress, b) false imprisonment, c) negligence
6. A ... contract is one that has no legal effect,
a) void, b) voidable, c) valid
5. Make up word- combinations.
a) civil
contract
tortious
litigation
false
law
reckless
act
public
rights
private
imprisonment
emotional
distress
intentional
conduct
mental
motorists
ordinary
nuisance
careless
sensibilities
unwritten
driving
void
voidable
valid
bilateral
unilateral
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expressed
implied
b) relationships
invasion
infringement
deprivations
breach
difference
disputes
law
the victim
benefit
tort
duty
infliction
emotional distress
privacy
civil rights
employer and employee
patent
copyright
trust
tort
the crime
the criminal prosecution
torts and crimes
private individuals
negligence
care
trespass
nuisance
unwritten contract
contract
6. Translate the following sentences.
to depend on (upon)
1. His decision depends on how soon he gets all the necessary documents. 2.
Everything depends upon the committee.
to fall into
1. The crimes fall into several classes. 2. These magazines fall into three
classes.
to sue in
A person may sue in the tort of nuisance if he is injured, for example, by
broken glass falling from his neighbour's apartment.
to sue for
1. He sued the firm for damages. 2. He was sued for libel.
to enter into
1. We are going to enter into dealings with this firm. 2. The parties have
reached an informal agreement and should enter into a contract.
7.
of
from
between
Answer the following questions:
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1. What is tort? 2. What does contract law enforce? 3. What is the difference between torts and crimes? 4. What kinds of torts in Anglo-American law
do you know? 5. How are contracts classified?
8. Make up derivations using the following suffixes.
-ness: reckless, careless, false, busy
-ity: active, sensible, probable, regular, responsible, moral, formal, valid
-ship: author, citizen, partner, director, president, governor, judge
-hood: mother, parent, child, false, author
-cy: candidat, diplomat, private
-dom: official, free, king, criminal
TEXT 2
1. Memorize the following words and word-combinations:
access - доступ
trade mark – товарный знак
design n. – 1. замысел, план; 2. цель; 3. творческий план, проект
design v. – 1. замышлять; 2. предназначать; 3. составлять план, схему,
проектировать, конструировать
impunity – безнаказанность
subpoena – вызов в суд; повестка о явке в суд
search warrant – ордер на обыск
digital – цифровой
2. Read the following international words and give their Russian equivalents.
manipulation, intellectual, medium, innovation, physics, patent, consensus,
license, axiom, virus, identify, contour, texture, material, ornamentation, reproduction, copy, individual, anonymity, accurately, pseudonimity, hacker,
ethos, piracy, cable
3. Translate the following family words.
close – disclose - disclosure, create – creativity – creation, invent – inventor – invention, improve – improvement, apply – applicable – application, appear – appearance, trade – trader, accept – acceptable – unacceptable, use –
user – misuse, employ – employer – employee – employment, secret – secrecy,
profit – profitable, know – knowledge knowledgeable
4. Analyze the structure and meanings of the following words.
Copyright, broadcast, software, multimedia, willfully, instantaneous, uploader, downloader, coupled, to disregard, overlap, cyberspace, network,
password, outpacing
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5. One of the developing spheres of law nowadays is intellectual property
as it is often concerned with computers, new technologies and techniques. Answer the following questions to check what knowledge you have on issues connected with property.
1. What is the scope of computer crime? 2. Do you expect privacy when
you use your personal computer? 3. Is there an essential difference between
ordinary and computer crimes? 4. What difficulties can arise in investigation
and prosecution of computer crimes? 5. Do users – senders or recipients – have
the same expectations of privacy in e-mail as they do in physical mail? As in
voice-mail? As in other documents? Are such electronic documents "records?"
6. Must the employee know of the confidential – and hence protected – character of the information in order to be guilty of a criminal offense? 7. Should the
criminal law be used to enforce internal corporate computer use policies?
Should someone go to jail for playing a computer game on a computer at
work? Are corporate and governmental computer use policies consistent with
policies on the use of other corporate or governmental resources? 8. What
laws, to your mind, must be introduced to follow the changes in the developing
technologies of crimes?
6. Read the text. Consider the peculiarities of intellectual property and
discuss if it needs the same legal protection as real property. Get ready to
speak about: a) possible infringements of intellectual property law; b) the role
of developing technologies in intellectual property infringements.
INTELLECTUAL PROPERTY
Intellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The
owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. The four main types of IP
are the following:
• patents for inventions – new and improved products and processes that
are capable of industrial application
• trade marks for brand identity – of goods and services allowing distinctions to be made between different traders
• designs for product appearance – of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape,
texture or materials of the product itself or its ornamentation;
• copyright for material – literary and artistic material, music, films,
sound recordings and broadcasts, including software and multimedia
Computers in general and the Internet in particular may also be used to facilitate intellectual property offenses, which, if done "willfully" and for "financial gain," may be criminal in nature. The nature of the digital medium permits
135
the instantaneous reproduction of perfect copies of copyrighted or protected
materials, and permits these exact copies to be instantly transmitted to thousands or millions of individuals at the same time. The anonymity provided by
the Internet permits offenders to commit these violations with impunity. Moreover, because of peculiarities in the law related to criminal copyright infringement there are circumstances in which neither the uploader or the downloader
of this intellectual property may be guilty of an offense.
Moreover, the content of information contained on the Internet makes the
possibility of copyright infringement not only more alluring, but potentially
more profitable. Not only are text files available over the Net, but also photographs, video, music and other audio. Indeed, virtually every medium which
can be transmitted is being transmitted. Finally, the anonymity – or, more accurately, pseudonymity – provided by the Internet is coupled with a hacker
ethos that information (and consequently intellectual property of all kinds)
belongs to the public, and therefore laws protecting intellectual property may
be disregarded to the extent they interfere with a perceived First Amendment
right. This anonymity has significant criminal law consequences. Not only
does it make the task of detecting computer crimes and the offenders more
difficult, it complicates the various proof issues presented at a computer crime
trial.
Computers and computer bulletin boards have been used to facilitate child
pornography and child abduction rings, software piracy, theft of cable services,
theft of telephone services, computerized stalking, terrorist rings, narcotics
dealing, as well as other forms of criminal activities including plain theft. As
more white collar businesses become computerized, the process of collection
of evidence – through search warrants, subpoenas and other discovery devices
– even in the non-computer crime field, has increasingly required a detailed
knowledge of the technology involved in the collection, storage and retrieval
of information. Indeed, virtually every type of crime which can be committed
can be facilitated through the use of computer or information technologies. In
many cases, the use of computers does not alter the fundamental character of
the offense - bribery remains the same even if accomplished through e-mail or
electronic funds transfers, although the use of the computer may affect the degree of the offense.
Computer hackers, acting on their own or for hire to others, are becoming
increasingly sophisticated and knowledgeable, and therefore more difficult to
detect and prosecute. The challenge of international cooperation and coordination of investigations, coupled with diverse, overlapping and sometimes contradictory computer crime laws, regulations and criminal procedures, make
enforcement of criminal statutes even more difficult – especially when computer crime transcends national borders.
136
As computer technology changes the way we conduct business and interact with each other, it also changes the way crimes can be committed. Computer stalking, computer terrorism, computerized threats, cyberporn, electronic
espionage and electronic extortion are all made possible by the advent of computers and high speed data networks. Legislation and regulation inevitably fail
to keep pace with the imagination of motivated hackers. Hacking for fun is
also being supplanted by hacking for profits as freelancers, businesses, governments and intelligence agencies turn to computer networks to facilitate both
legitimate and criminal activities.
Such actions as downloading information from the Internet, taping music off the
radio, videotaping shows off the television or photocopying portions of a book, magazine or newspaper for personal entertainment constitute infringement. Defenses to
an action for infringement include challenging the claim that copyright exists in the
work, challenging the ownership of the work, alleging that only an insubstantial part
of the work was used, or alleging one of the exceptions to infringement such as fair
dealing.
TEXT 3
1. Read the text to get a better understanding of what copyright is. Choose
any book or work you can find and say if it protected by copyright law.
COPYRIGHT
The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on
how old a work is, whether or not copyright was renewed, when the work was published (if at all), and whether or not it is a work for hire, the U.S. copyright term
for a work may be 28 years, 56 years, the life of the author plus 50 years, 75 years
from the publication date, or 100 years from the date of creation. The reader will
appreciate that these terms are much longer than the 17-year or 20-year term of a
U.S. utility patent.
A satisfactory copyright notice is (1) the C in a circle symbol (©) or the word
"copyright" or the abbreviation "Copr.", (2) the copyright date, and (3) the name of
the copyright owner. Under U.S. law, it may be generally stated that the copyright in
software (like that in any other work) is owned by the programmer (author) in the
absence of a writing transferring ownership, and in the absence of a work-for-hire
relationship. This presents a trap for the unwary company that, for example, hires a
programmer consultant who is not a full-time employee of the company. Even if the
company paid for the work, the company is not, generally, the owner of the copyright
in the software, absent some written agreement on the subject.
137
TEXT 4
1. Read the text. Say if it is possible to prove mens rea in computer crimes
using some information on motivation of the person. Discuss difficulties which
can arise in the course of trial.
MOTIVATION FOR COMPUTER RELATED OFFENSES
The motivation for computer related offenses is as varied as the motivation
for any other type of crime, and may run the gamut from personal enrichment,
avarice, revenge or thrill seeking, to truly psychopathic behavior. In general,
virtually any type of offense which can be committed without a computer can
be committed with the assistance of computers, including terrorism, espionage,
obscenity, murder and arson. However, there are a few characteristics which
make computer crimes unique among criminal offenses. For example, computer crimes may be committed remotely and across geographic boundaries. They
may be committed in many jurisdictions at the same time. They may have effects years or decades after they are launched or planned. They may or may not
violate "traditional" criminal laws like trespass or theft statutes. They are difficult or impossible to investigate, and even more difficult to prosecute. Investigators, prosecutors, judges, lawyers and juries are frequently unfamiliar with
the technology and its applications, further complicating the prosecution of
such offenses.
TEXT 5
1. Memorize the following words and word-combinations.
wage – заработная плата (рабочих)
staff – штат, штаты (служащих и т.д.)
in a row – подряд
self-employed – 1. обслуживающий свое собственное предприятие;
работающий не по найму; 2. принадлежащий к свободной профессии (о
писателе, художнике и т.п.)
harassment - 1. причинение беспокойства; 2. домогательство
pregnant - беременная
midwife - акушерка
2. Read the following international words and give their Russian equivalents.
calendar, incident, gender, graffiti
3. Read and translate the following family words.
ill – illness, calculate – calculation, question – questionnaire, fit – fitness,
depend – dependant, victim – victimize, able – disabled – disability, penal –
penalty – penalize
138
4. Give the Russian for.
sick pay, statutory sick pay, working time, maximum average working
week, calculation purposes, 17-week period, sick leave, schoolleaving age, to
force staff to work more, to get two days off a week, free health assessment,
employee’s fitness for night work, registered medical practitioner, health visitor, valid reasons, to give birth, trade union activities, a range of public duties,
health authority, school governing body, to release an employee for jury service, national origin, verbal abuse
5. Read the text. Make a list of employment law rules. Say if all of the
terms of work included in employment laws should be mentioned in a labour
contract.
EMPLOYMENT LAW
You must pay anyone who works for you at least the national minimum
wage.
Staff who can’t work for four days or more because of illness are entitled
to a minimum level of sick pay. You must pay statutory sick pay to employees
who can’t work for four or more calendar days in a row because of physical or
mental illness or disablement.
Rules on working time fix the maximum average working week for most
workers at 48 hours. For calculation purposes, hours are averaged over a 17week period, though this can be extended by agreement. This reference period
must not include time spent on holiday or sick leave. For young workers —
who are over the minimum school-leaving age but under 18 — the maximum
is 40 hours. Staff have a right to 11 hours rest between each working day;
young workers get 12 hours. You mustn’t force staff to work more than six
days in every seven, or 12 days in every 14. Young workers should get two
days off a week.
You must offer workers a free health assessment before they start working
at night and repeat it regularly (typically once a year) after that. This will generally be in the form of a questionnaire, with a medical examination following
if you have any doubts about the employee’s fitness for night work.
You must allow staff time off in a number of circumstances. If an employee is pregnant, she is entitled to time off for any appointments made on the
advice of a registered medical practitioner, midwife or health visitor. Valid
reasons for taking time off include helping a dependant who falls ill, is injured
or assaulted; arranging a dependant’s funeral; helping a dependant give birth;
dealing with an unexpected breakdown in care arrangements for a dependant
or dealing with an incident at a school attended by a child of the employee _
taking part in certain trade union activities; a range of public duties, including
acting as a magistrate; a member of a local authority, police authority, health
139
authority or National Health Service (NHS)1 trust or a member of a school
governing body. If you don’t release an employee for jury service, you could
be prosecuted for contempt of court.
You mustn’t discriminate against anyone who works for you (including
self-employed contractors) or treat them less favourably because of their colour, race, nationality, ethnic or national origin, sex (including gender reassignment), status as a married or unmarried person, sexual orientation, religion
or belief. There are a few limited exceptions to the rules — for example, some
restaurants where food is served in a particularly authentic setting may be allowed to recruit from particular racial groups. Discriminatory harassment
might include demeaning remarks, graffiti, jokes, verbal abuse or physical assault. You mustn’t victimize anyone who makes a complaint of discrimination
against you.
You mustn’t offer less favourable contractual terms — including those
covering pay and benefits — to staff because they’re disabled. Nor can you
deny them access to promotion, transfers, training or any other schemes, facilities or services. You mustn’t dismiss staff on the grounds of disability or victimize anyone who makes a complaint of disability discrimination against you.
You mustn’t penalize employees for joining — or refusing to join — a
trade union. You mustn’t base recruitment decisions on whether or not an employee belongs to a trade union. Staff don’t need your permission to belong to
a union. You can’t dismiss or threaten to dismiss someone for being a member.
You cannot take any other action to prevent, penalize or deter employees from
belonging to a union — such as refusing to promote them. Nor can you make
an employee join or stay in a union.
Note:
1. NHS – международная организация, занимающаяся вопросами
здравоохранения
TEXT 6
1. Memorize the following words.
conspiracy - заговор
to safeguard – защищать, охранять
to bargain – вести переговоры (об условиях договора, контракта и
т.п.)
wage – заработная плата (рабочих)
layoff – 1. приостановка или прекращение производства; 2) увольнение из-за отсутствия работы; 3) период временного увольнения; временная безработица
2. Read the following international words and give their Russian equivalents.
140
national, convention, delegate, authority, policy, officer, local, municipal,
congress, act, to guarantee, practice, to organize, to determine, condition, pension, plan, company
3. Translate the following family words.
to move - movement, to govern - governing, to consider – considerable,
shoe - shoemaker, union - nonunion, rule - to rule, law - lawful -unlawful,
peace - peaceful - peacefully, active - activity, to relate - relation, to collect collective - collectively, to employ - employer - employee, fair - unfair, to
elect - election, to represent - representative, great - greatly, short - to shorten,
to agree - agreement, profit - profitable, to except - exception, to reduce - reduction
4.
Read the following text trying to understand its main ideas.
LABOR UNIONS
"National unions are of great importance in the American labor movement.
The supreme governing body of the national union is the convention, which is
held every year or two. The delegates to the convention have the authority to
set policy for the union. However, considerable power is exercised by the national union's officers.
A national union is composed of local unions, each in a given area or plant.
Some local unions have only a few members, but others have thousands."1
The unions in the U.S.A. began to form before 1800 but it was not until 1842
that workers in large numbers organized into labor unions. That year several
union shoemakers in Boston were brought to trial and charged with refusing to
work with nonunion shoemakers. A municipal court judge found the workers
guilty of conspiracy. But a higher appeal court ruled that it was not unlawful for
workers to engage in union activity.
"In 1935, Congress passed the National Labor Relations Act (NLRA), which
guaranteed the right of employers to form unions, to strike and to negotiate collectively with an employer. The NLRA also created the national Labor Relations
Board (NLRB)..."2 The NLRB administers the principal U.S. labor law, the
NLRA. The Board is vested with the power to prevent or remedy unfair labor
practices and to safeguard employees' rights to organize and determine through
elections whether to have unions as their bargaining representative.
Due to the efforts made by labor unions, conditions of America's labor force
have greatly improved. The length of working day has been shortened. Most
agreements between employers and employees include such benefits as insurance, pensions, health care plans. Now many unions demand that the right to
take unpaid leave, when female workers have babies or when a family member is ill and needs care, be granted.
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"Some unions have decided that job security is more important than a
pay increase. For the first time in their histories, a few have actually accepted lower pay to help save a company. This happened, for example, in
Chrysler. Employees agreed to take a reduction in their wages to prevent largescale layoffs and help the company to become profitable again (which it
did). This, however, is much the exception."3
Notes: 1 Mansfield E. Economics. Principles/Problems/Decisions. 7th ed.
N.Y., L, 1992, p. 601.
2
Burnham W. Introduction to the Law and Legal System of the United
States. St. Paul, Minn., 1995, p. 544.
3
Stevenson O.K. American Life and Institutions. Stuttgart, 1987, p. 66.
5. Based on the text say whether the following statements are true or
false.
1. National unions are not of great importance in the American labor
movement. 2. All local unions are numerous. 3. There were no unions in the
U.S.A. before 1800. 4. Due to the efforts made by labor unions, conditions of
American employees have greatly improved. 5. The NLRA was passed by
the Congress in 1800. 6. As a result of the efforts taken by the labor unions the working day has been shortened. 7. All labor unions consider that it
is better to reduce the number of employees and thus to increase wages.
6. Write out the keyword of each paragraph. Organize these
words in a kind of a scheme to reflect the logic of the contents.
7. Compare your scheme with those of other students. Discuss the
possibility of introducing some changes to improve the schemes.
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Answer the questionnaire.
1. When were you born?
2. Where were you born?
3. Where were you educated?
4. What were you trained as?
5. Where were you last employed?
6. Are you married?
7. When did you marry?
2.
Respond to the questions as in the model.
Model. A: What are you doing?
B: I'm reading an article about the new types of torts in Great Britain. I
have been reading it for two hours.
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Prompts: to look through the documents – an hour, to write a business
letter – half an hour, to fill out the form – a quarter of an hour, to wait for Sam –
an hour and a half, to translate an English article on criminal law – three hours
3.
Make up a dialogue between a detective and a suspect. The suspect
will answer the detective's questions in the negative.
Model. A: Have you ever been to that house?
B: No, I haven't. I have never been to that house.
Prompts: to meet Mr. Smith, to receive money from Mr. Blake, to stay at
that hotel, to see this gun, to see this document, to threaten Jane Smith, to have a
red car, to meet the man you see in this picture
4.
You are a detective. Give an account to your boss on the results of
the examination of the suspect.
Model: He said that he had never been to that house. Use the prompts of
exercise 3.
II. Conversational Formulas
Giving a Series of Reasons
I'm sure it's important. Firstly Я уверен, что это важно. Во-первых,
because... Secondly...
потому что... Во-вторых,...
I'm against that decision. Be- Я против такого решения. Воcause, first of all... and secondly первых, потому что... и, во-вторых,...
...
First due to ... and secondly to... Во-первых, из-за ... и, во-вторых, из-за..
One reason is... Another is...
Одна причина -... Вторая – ...
For one thing... And for anoth- С одной стороны... А с другой стоer...
роны...
On the one hand... And on the
other...
First... Second... Third...
Во-первых,... Во-вторых... В-третьих
Exercises
1. Read the following flashes of conversation.
1.
A: I don't think we should discuss this problem today.
B: That's my opinion too. Firstly because some of the documents were not
submitted to us. And secondly because we have not enough time.
2.
A: Could you explain the difference between libel and slander to me?
B: Certainly. Do you know the term "defamation"?
A: Yes, I do.
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B: On the one hand, defamation can be written. Then it is libel. On the
other hand, it can be oral. Then it is slander.
3.
A: As far as I know torts and crimes are similar because both focus on
wrongful acts.
B: That's right. However, there are significant differences between torts and
crimes. First, many torts involve negligence, while most crimes require intent.
Second, tort law focuses on the relationships between private parties, while
criminal law is concerned with wrongful acts against society. There are also
some other differences between torts and crimes.
2. Make up dialogues based on the following assignments presenting a
series of arguments.
Ask your fellow-student to explain the differences between: a) common
law and statute law; b) torts and contracts
3. After reading a short text below, make up a dialogue including discussion of
advantages and disadvantages of legal regulation of copyright and interconnected
issues in the USA, European countries and Russia.
NATIONAL DIFFERENCES IN PERCEPTION OF COPYRIGHT
There are fundamental differences in the perception of the rights given by copyright between the Anglo-Saxon countries (the United Kingdom and Ireland) and
major continental European countries. In particular, the continental European countries tend to put much greater emphasis on the moral rights aspects of copyright and
to require a higher level of creativity or intellectual input for copyright to subsist.
Although moral rights are recognized in the Anglo-Saxon system (in the UK at least)
the emphasis is on the economic dimension of copyright, the level of originality required is very low, and "sweat of the brow" investment is protected.
III. Polylogue
1. Read the polylogue.
Frank Jordan, an American professor, is on a visit to Russia. He discusses
some problems of "tort crisis" and tort reform with the Russian law students.
F. Jordan: As far as I understood you've already got some idea of what tort
law in the Anglo-American legal system is. The topic I want to dwell on today
is "tort crisis" and tort reform in the U.S.A.
Anton: What do you mean when you use the expression "tort crisis"?
F. Jordan: Well, American society has become very litigious. The flood of cases into the U.S. courts has reached rather a high point. According to statistics tort
filings prevail in the U.S. courts. One reason is probability because some people sue
for compensation even if there is a slight hint of injury. Another reason is that a plain-
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tiff in money damage suits doesn't pay for bringing the case. The lawyer gets a certain percentage of the judgement, but if the case is lost the lawyer gets nothing. There
are also some other reasons. For example, compensatory damages have escalated and
this is a serious impediment for the growth of business in the country.
Victor: And what aspects does tort reform touch upon?
F. Jordan: Different laws have been passed by some states to improve the situation. These statutory provisions involved some limits in the amount that can be recovered. Various reform bills have been proposed. They involve such problems as
sanctions for unimportant suits, limits on certain types of damages, etc.
2. Say what you have learned from the polylogue about a) "tort crisis", b)
tort reform in the U.S.A.
IV. Topics for Discussion
A. Differences between civil and criminal law
1. Make a report on one of the following topics.
1. Differences between civil and criminal law.
2. Torts and contracts.
B. Computer crimes
2. Read the definitions of offences and discuss if these offences can be
committed in cyberspace. Would there be anything specific in proof requirements.
Theft or misappropriation of trade secrets: the government is to demonstrate that the information at issue was, in fact a trade secret, and that there had
been an agreement between the owner of the property and the defendant restricting rights to the information taken.
Trespass: an intentional entry onto the property of another without the express or
implied permission of the owner or user of the property to so enter.
Burglary: presence of the additional elements that the entry be made by
breaking and entering, into a building or a dwelling of another, sometimes at
night, and with the intention of committing a crime therein.
Destruction of property: an offender equipped with a sledge hammer pummels a
computer into an unrecognizable pile of bolts, chips, and wires, he clearly has committed the offense of destruction of property.
C. Marriage law
3. Discuss the differences in consideration of the following issues of marriage law in the USA and in the Russian Federation.
145
1. What is a marriage? Is it contractual relationship? A personal status
recognized by the families or community? A religious status? A civil status?
2. Is there a natural right to marry? Is there a religious obligation to marry
or remarry? Is there a social obligation to marry (e.g., an unmarried pregnant
woman)?
3. What grounds, if any, are there for prohibiting marriage?
4. What are the elements of a valid marriage? Are preconditions for marriage - consent of the individuals age - mental capacity really important?
5. When does a marriage terminate “naturally” - at death or at some other
point? Can physical or mental incapacity, impotence, sterility, addiction to
drugs, alcohol, disease (AIDS, other forms of disease) terminate a marriage?
6. What economic rights and obligations exist between the spouses under
civil and religious law? Is marital property held as “separate” property or
“communal” property and by whom is it to be managed?
7. Considering the issue of domestic violence, what are the differences between cultural understandings and the requirements of religious law regarding
each of the following topics: physical abuse, spousal rape, sexual harassment,
mental cruelty or emotional abuse? Is domestic violence ground for separation,
annulment, or divorce?
8. Who has custody of children after death, divorce, or dissolution of marriage? Is the religion of the parents a relevant criterion in custody cases? Does
the gender of the parents affect their custody rights? Is the sex or age of the
minor child a factor? What are the rights of the parents to joint or exclusive
custody in the case of divorce or separation? Are the rights of the husband and
wife equal? What economic rights and obligations exist between the spouses
under civil and religious law? How does the approach taken by religious law
differ, if at all, from the approach taken by civil law?
4. There are people who believe someone is only contributing to a relationship if he or she is bringing home a paycheck. The partnership theory of
marriage, a theory most courts follow, acknowledges that a spouse who does
not work still contributes an equal amount of value to the marriage. In almost
all states, you cannot disinherit a spouse in your will. Why do you think the
law would force someone to leave something to a spouse? Discuss marital
money matters including property, community property, debt, taxes, and credit.
5. Organize a round table discussion to learn the opinion of all members of your
group on some important issues of marriage and divorce law.
What are the biggest problems that families deal with? What are the reasons of people who choose divorce? Can you suggest any ways that families
146
can try to work through their problems? Why were mandatory waiting periods
before divorce introduced?
Must adoption records be kept open or closed? Is protecting the anonymity
of the birth mother or giving information to the adopted child more important?
Should surrogacy be allowed? What do you think the surrogacy laws
should be?
6. Imagine you are a lawyer consulting a person who is going to seek divorce.
Try to find out if some of the following causes were the grounds for divorce. Define
the line of defense for this person.
Poor communication
Financial problems
A lack of commitment to the marriage
A dramatic change in priorities
Infidelity
Failed expectations or unmet needs
Addictions or substance abuse
Physical, sexual or emotional abuse
Lack of conflict resolution skills
Expectations about household tasks
Communication with spouse
Parents or in-laws
D. Copyright
7. Read the following pieces of information on a number of exceptions to
copyright. Say whether they are reasonable.
Research, criticism, review or newspaper summary is allowed if source
and author's name are cited;
A person may read or recite in public a reasonable extract from a published work;
A person may make or publish, for the purposes of news reporting or news
summary, a report of an address of a political nature given at a public meeting;
Churches, charities, colleges, schools and religious charitable and fraternal
organizations can perform music in a public performance if the goal is to further a religious, educational or charitable object.
8. Discuss the issues relating to intellectual property protection.
1. Do patent, trademark and copyright laws apply to computers, the Internet and
related activities? 2. Does a link to a site violate copyright law? 3. Are on-line activities private, even if between two people? 4. What about computers in the workplace
– can your boss watch what you are doing? 5. A person in the USA has completely
copied your website, word for word, text for text, including articles, advice, pictures,
and several other works. The site is hosted by a Russian company. What can you do
147
to notify this person and the webhost provider about the copyright infringement? 6.
My wedding photographer says that I cannot post copies of my wedding pictures on
the Internet, claiming that he retains the copyright. There is no clause in the contract
that states who holds the copyright. Since I hired him, don't I own the copyright?
9. Say if the circumstances mentioned below connected with the Net can
result in infringements of some rights.
Use of Others' Trademarks as a Fan. The problem: a fan of your company
or product is so enthused that the fan creates a web site to pay tribute, but inevitably there appears on the site your intellectual property, perhaps your trademark (or some copyrighted material).
Use of Others' Trademarks as a Critic. You may find at some internet sites
the use of a trademark in connection with critiques of products or services associated with the marks.
Invasion of privacy.
An employer might discover that potential employee was involved in a Usenet
newsgroup addressing a specific type of chronic health problem. Perhaps the employer would conclude that the employee or a family member had the health problem
and might choose not to hire this employee over concerns that the employer's health
insurance costs might increase.
A former employee of X company, a defense contractor, now works for some
other company, a competitor. His former employer has never deleted his computer
account, and he accesses that computer to obtain valuable competitive bid information which he uses for the benefit of his new employer.
A computer hacker, through "social engineering" determines that your login name is your initials, and your password is your spouse's first name. Armed
with this knowledge, the hacker logs in with your user id and password, and
examines files on your computer. (Note the absence of a particular computer
crime statute).
V. Case Study
1. Read the following explanation.
Anglo-American tort law defines special liability situations. One of them is
vicarious liability, that is liability on behalf of someone else. An example of
vicarious liability is "the liability of the owner of an automobile for the negligence of persons driving the owner's car with permission." (Burnham W. Introduction to the Law and Legal System of the United States. St. Paul, Minn.,
1995, p. 416)
2. Read the following case and comment on it.
2376. Highways – car driven by another for owner's purposes
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In order to fix vicarious liability for the negligence of the driver of a motor-car on the owner of the vehicle, it must be shown that the driver was using
it for the owner's purposes under delegation of a task or duty. When H and W
married they each owned a car, but H sold his car and thereafter the family
owned only one car, which was changed from time to time but always registered
in W's name. It was treated as a family car and was used mainly by H who
worked seven miles from the matrimonial home. Occasionally H had a drink
on the way home, and W had asked him not to drive the car himself if he was
not sober. On one occasion H had a great deal to drink, and asked С to drive
him home.
There were three passengers in the car together with H when a collision occurred through the negligent driving of С. H and С were killed. The passengers
sued W as the owner of the car, claiming that she was vicariously liable for the
negligent driving of С. Held, that to fix vicarious liability on the owner in such
a case, it must be shown that the driver was using the car for the owner's purposes under delegation of a task or duty, and on the facts, that was impossible to
hold (Decision of Court of Appeal, sub пот. Launchbury v. Morgans [1971]
C.L.Y. 7865 reversed; Hewitt v. Bonvin [1940] 1 K.B. 188 approved).
MORGANS v. LAUNCHBURY [1972] 2 W.L.R. 1217; [1972] 2 All E. R.
606, H.L
(Current Law Year Book, 1972. L, 1973)
WRITING
Structuring an Essay
Introduction
This is a three- or four-sentence paragraph which contains a strong opening
statement summarizing the main ideas or reasons for the opinion and the importance of the topic.
Body Paragraphs
Present the main idea in a topic sentence. Contain other sentences supporting the main one with details, facts, examples, etc.
Conclusion
Restates, but not simply repeats, the main ideas you have stated in the body
paragraphs.
Exercises
1. Write an essay on the following topic: Law as an ever-changing phenomenon.
2. Exchange essays with your fellow-student. Analyze them. Introduce any improvements you can.
3. Study the following chart and write an essay giving your reasons on the statistics on the popularity of different professions.
149
Teachers
OPINIONS OF VARIOUS PROFESSIONS
84%
Pharmacists
81%
Police officers
79%
Doctors
71%
Accountants
60%
Bankers
Lawyers
Stockbrokers
Politicians
56%
40%
28%
21%
Favourable
Source: ABA Journal, Vol. 79, Sept., 1993, p. 62.
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LESSON EIGHT
GRAMMAR: 1. Subjunctives and Conditionals (Revision).
2. Inversion and Emphasis.
WORD-BUILDING: 1. Prefixes with the Negative Meanings (Revision).
2. Prefix со- (Revision).
READING AND ORAL SPEECH: Legal Environment of Business and Youth
Employment.
CONVERSATIONAL FORMULAS: Making Suggestions.
WRITING: Writing a Business Letter.
GRAMMAR
The Forms of Subjunctives
It is important that he come.
I suggest that it (should) be done.
It is time we started discussing the draft resolution.
She talks as if she knew it.
I wish he were here.
They wished they had had some information about it at that time.
Реальное
условие
Нереальное
условие
The Forms of the Conditionals
If you are right, he must be wrong,
If he comes, I shall speak to him.
If I knew her address, I should (would) give it to you.
If she asked me to do it, I could help her.
If he had been there, he would have spoken to them.
If she had asked me to do it, I could have helped her.
Inversion
Инверсия – обратный порядок слов. В предложениях с инверсией сказуемое или его часть стоит перед подлежащим.
Инверсия употребляется а) в вопросительных предложениях (Is he a
lawyer? Does he study law?); б) в предложениях, начинающихся с оборота
there + be (There are a lot of proprietorships in the U.S.A.); в) в
повествовательных предложениях после слов и выражений never, little,
hardly, rarely, seldom, not until, under no circumstances, only after и др.
(Hardly had I finished looking through accounts when my boss called me. –
Едва я закончил просмотр счетов, как мой начальник позвал меня. Under
no circumstances must you do it. – Ты не должен делать этого ни при каких обстоятельствах). В таких предложениях инверсия подчеркивает эмоциональный характер выражаемой мысли.
Инверсия употребляется также в предложениях, начинающихся со
слов here, there (вот), а также с какого-нибудь предлога или второсте-
151
пенного члена предложения. В этих случаях инверсия также является
средством эмоционального выражения мысли. E.g.: Here comes the
tram. Terribly difficult was the task.
Inversion as a Means of Expressing Condition
Инверсия может использоваться во всех трех типах условных предложений. При инверсии союзы if, provided и другие опускаются. В придаточном
предложении перед подлежащим используются глаголы had, were, could,
might, should. E.g.: Should anyone call me, say that I'll be back in a quarter of an
hour. – Если кто-нибудь позвонит мне, скажите, что я вернусь через четверть
часа. Had he known this, he would have never done it. Если бы он знал об этом,
он никогда бы этого не сделал.
Exercises
1. Translate the following sentences paying attention to: a) Subjunctives, b) Conditionals, c) Inversion.
a) 1. It is necessary that the arbitrariness of officials be eliminated. 2. The other
day he said that he had some business with his legal advisor and that made it imperative that he should leave the office earlier. 3. He insisted that they should hire that
employee. 4. It is important that the individual's employability should not be seriously impaired by a charge which is in fact unfounded. 5. He did not dare argue with the
boss for fear he would be fired. 6. We had better work out the solution right now. 7. I
would rather prefer you didn't talk to him before the hearing. 8. If only he had been
given a chance to defend himself. 9. I wish I were present at the hearing.
b) 1. If he had been at the meeting of the board I should have seen him.
2. If he were offered the post of the managing director, he wouldn't do it unless
you told him to. 4. The talks are to begin at 4 p.m. provided the boss arrives.
5. If you asked him, he would give you a complete account of the talks. 7. If
everything is ОК, we shall arrive in Moscow at 10 a.m.
c) 1. Little did we know about it before. 2. Never has he worked so hard
before. 3. Under no circumstances should you rely on his word. 4. Seldom has
he been so interested in what he did. 5. Never before had I faced such a shocking situation. 6. No sooner did I come to the office than I learned about this
business affair. 7. Should he come, tell him to look through the catalogues. 8.
Had he been there, he would have told his opinion to the committee. 9. Had
he spoken to her, she wouldn't have made such a bad mistake. 10. Should he
come, ask him to wait for me.
2.
Open the brackets using a) Subjunctives, b) Conditionals.
a) I would rather suggest that we (to come) forward with this initiative. 2. The
president of the firm urged us that some radical steps (to be taken) to overcome the
crisis situation. 3. He proposes that these documents (to be referred) to the special
committee. 4. It is essential that the development (to be broken) up. 5. It is obligatory
152
that this document (to be signed) by the president of the company. 6. It is most important that you (to have) a license before going into such kind of business. 7.1 wish
he (to be) there at that moment. 8. If only it (can be kept) secret.
b) If I had the time, I (to go) there. 2. If I have the time, I (to go) there. 3. If I had
had time, I (to go) there. 4. I wish they (to stop) making so much noise. 5. Had I
known his address, I (to write) him a letter. 6. If you (to see) Jim today, please ask
him to come. 7. If he (to decide) earlier, he could have left for Moscow at 9 a.m. 8.
He would understand you if you (to explain) it to him.
READING
TEXT 1
1. Read and translate the text paying special attention to the words and
word-combinations in bold type. Explain your choices.
LEGAL FORMS THAT BUSINESS IN THE U.S.A. CAN TAKE
The expression "legal environment of business" is widely used nowadays
because the business environment is being increasingly legalized. Legal rules govern different spheres of business: marketing, bankruptcies, securities, legally
permissible forms of business, consumer protection, etc. The law of business
organizations is one of the most important aspects of doing business in the
U.S.A.
A business can select from a wide variety of legal forms. They include sole
proprietorships, partnerships (general and limited), corporations. "A sole proprietorship is a business enterprise owned solely by one individual. It is the
most elementary organizational form of business. Small new businesses often
begin as sole proprietorships because they are the simplest and least expensive
to form and operate. Local accountants or attorneys in business for themselves
or small retail shops are likely to be sole proprietorships."1 In the U.S.A. more
than 75 percent of all businesses are sole proprietorships."2 "What Lincoln
said about the common man or woman applies as well to proprietorships: God
must love them, or He wouldn't have created so many of them. If proprietorships didn't have advantages over other legal forms of business organization
under many sorts of circumstances, there wouldn't be so many of them."3 A
sole proprietorship is easy to get started. All one needs to become a proprietor
is to obtain the assets and to commence operations. "It is not necessary to file
any document with any governmental office other than local requirements (by a
city or county) that the owner register the name of the business to prevent
fraud. This registration would notify the public, for example, that John Smith
is "doing business as Smith's Hardware Store.'4 Sole proprietors have complete
control over their business, keeping all profits. Their income from business is
taxed as personal income and they can discontinue business at will5. There are
also some disadvantages of being a sole proprietor. One of the disadvantages is
153
that it is difficult for sole proprietors "to put together enough financial resources to enter industries like automobiles, steel, or computers... Another disadvantage is that proprietors are liable for all the debts of the firm. If their
business fails, their personal assets can be taken by their creditors, and they
can be completely wiped out."6
The Uniform Partnership Act (UPA) definition of a partnership is an "association of two or more persons to carry on as co-owners a business for
profit." A partnership is also easy to establish and does not require state approval. Besides that, more investment capital is available, and partners pay
only personal income tax. The disadvantages of partnerships are as follows:
partners in general partnership have unlimited liability, profits must be shared
and disputes between partners can arise. In limited partnerships there are two
types of partners – general and limited. General partners are subject to unlimited liability for the business, the liability of limited partners being confined
to the amounts of their investments. Limited partners are supposed to be
passive with respect to management. A limited partnership must have at least
one general partner.
A corporation is a legal person, body, or entity which is separate and distinct from its owners (shareholders). Thus it is a legal fiction. This form of
business organizations allows small investors to participate in capitalism by
dividing up corporate ownership into many shares. People who purchase corporate shares are known as shareholders or stockholders. Stockholders are free
to sell their stock.
Corporations may be formed only with official government authorization.
The board of directors is elected by the stockholders and is responsible for
protecting their interests and setting overall policy of the corporation. Directors usually hold meetings to decide matters relating to corporate management.
Corporations, too, have both advantages and disadvantages. Some of the advantages of the corporations are: 1) corporation owners have limited liability, 2)
corporations can raise large sums of money, 3) corporations can employ welltrained personnel, which provides for higher productivity and efficiency of the
business, 4) ownership in a corporation can be easily transformed from one
person to another, 5) the withdrawal of several stockholders, corporate offices, or employees from the firm can not terminate its existence7.
One of the main disadvantages of corporations is double taxation of income.
The corporation itself pays a tax on its income, and the recipients of dividends
(shareholders) also pay tax on the dividend income.
Notes: 1 Burnham W. Introduction to the Law and Legal System of the United States. St. Paul, Minn., 1995, p. 510.
154
2
Kishel G.F., Gunter Kishel P. How to Start, Run, and Stay in Business. 2nd ed. N.Y., Chicester, Brisbane, Toronto, Singapore, 1993, p.41.
3
Mansfield E. Economics. Principles/Problems/Decisions. 7-th ed. N.Y., L,
1992, p.443.
4
Burnhan W. Op. cit, p. 54.
5
Kishel G.F., Gunter Kishel P. Op. cit, p. 42.
6
Mansfield E., Op. cit, p. 443.
7
Kishel G.F., Gunter Kishel P. Op. cit, p. 49.
2. Give the Russian for.
legal environment of business, marketing, bankruptcy, legally permissible
forms of business, sole proprietorship, expensive, local accountants, retail shops, to
get started, owner, complete control over business, personal income, to discontinue
business at will, financial resources, corporate management, employer, employee,
recipient of dividends, tax on the dividend income
3. Give the English for.
охрана прав потребителей, охрана окружающей среды, товарищество,
деловое предприятие, юрист, преимущества, недостатки, требования, прибыль, промышленность, подлежащий ответственности по закону за все долги, движимое имущество и денежные средства, совладельцы, одобрение,
капиталовложения, подоходный налог, товарищество с ограниченной ответственностью, полное товарищество, юридическое лицо (3), юридическая
фикция, капиталовкладчик, акционер (2), акции, двойное налогообложение
дохода
4. Complete the following sentences using the words given below each
sentence (a, b, с or d).
1. А ... is a firm owned by a single individual.
a) corporation, b) partnership, c) proprietorship, d) business
2. A proprietor has unlimited ... for the debts of the business,
a) advantage, b) disadvantage, c) independence, d) liability
3. It is difficult for a proprietor... enough financial resources,
a) to put together, b) to establish, c) to wipe out, c) to sell
4. ... is issued to owners, generally in exchange for their cash,
a) dividend, b) stock, c) profit, d) income
5. One disadvantage of the corporation is double taxation of...
a) finance, b) income, c) consumers, d) debts
5. Make up word-combinations.
a) legal
body
environmental
proprietorship
sole
office
general
ownership
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governmental
personal
limited
financial
limited
unlimited
small
corporate
double
protection
taxation
environment
officers
business
forms
partnerships
management
income
assets
liability
resources
person
entity
fiction
investors
of
b) retail
business
government
dividend
enterprise
shops
authorization
income
с) law
control
liability
amounts
board
disadvantages
recipients
of
over
d) to enter
to have
to discontinue
to establish
to raise
to employ
to pay
tax
complete control
business
a partnership
large sums of money
industries
well-trained personnel
business
limited partners
investments
directors
business organizations
dividends
6. Translate the following sentences into Russian:
to put together
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1. They put together enough financial resources to form a partnership. 2.
It's difficult to put a committee together.
to be liable for
1. He is not liable for her debts. 2. Each partner is liable without limit for
the bills of the firm.
to provide for
1. We shall make some arrangements to provide for labour productivity. 2.
The law provides for a wide range of personal rights.
7. Make up word-combinations. Use them in sentences of your own.
a) to put together
efforts
b) to be liable for
damages
money
debts
c) to provide for
civil rights
liability
8. Form the derivatives with the help of the following prefixes:
со-: debtor, plaintiff, actor, worker, citizen, director, interest, author, proprietor, existence
anti-: trust, constitutional, republican, war
counter-: espionage, proposal, idea, question
de-: to centralize, to nationalize, to limit, to naturalize
dis-: advantage, to agree, to approve, to continue, engaged, interested, order
il: legal, logical, liberal
im-: material, possible, proper, passive
in-: accuracy, action, corrupt, dependence I
ir- regular, responsible, relevant
mis-: to judge, to state, to understand, to learn I
non-: act, age, aggression, crime, criminal I
un-: taxed, legalized, paid, ordered
9. Ask as many questions based on text 1 as you can. Ask your group-mates to
answer them.
TEXT 2
1. Memorize the following words.
hire - нанимать
rigorous - строгий
follow-up – 1. контроль, наблюдение; 2. плановый учет
work attire – рабочая одежда
feedback – обратная связь
2. Read the following international words and give their Russian equivalents.
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to concentrate (on), to simulate
3. Read and translate the following family words.
to employ – employability, partner – partnership, skilled – multi-skilled, to collaborate – collaborative – collaboratively, advantage – disadvantage, confidence –
self-confidence, to select – selection, place – to place – placement, to solve – solution
4. Give the Russian for.
job training programs, youth employment, local youth support services, latest
technology, technology skills, accessible information, working conditions, rates of
pay, part-time or casual employment, bargaining power during negotiations, comprehensive Literacy and Numeracy strategy, disadvantaged young women, to enroll in
education, training courses, solid structure, flexible training, advisory group, to provide feedback, income tax, bank account.
5. Read the text and say, whether it deals with the following problems or not.
1. The role of the government in encouraging partnerships between educational
and public youth organizations.
2. Jobs where young people are not wanted.
3. Modern professional requirements employees should meet.
4. Financial aspects of education.
5. Contacts of families and educators.
6. Characteristic features of the modern youth employment market.
7. Personal qualities of young people that should be developed with the help of
training programs.
8. Problems of young people which are not connected with education.
9. Necessity of teaching students how to communicate.
YOUTH EMPLOYMENT AND JOB TRAINING PROGRAMS
It should be recognized that the education and training system has a critical responsibility in preparing young people for work and active involvement in the community. Young people want to be involved in shaping their education, training and
employment opportunities. Families, teachers, employers and communities are key
partners in identifying and enhancing those opportunities. The challenge for government, therefore, lies in facilitating partnerships between schools, education and training organizations, local youth support services and the community.
There is a greater expectation that employees will be multi-skilled, capable
of adapting to many different challenges at work and able to use the latest
technology. Accordingly, educational settings across the state are important
sites for many young people to develop their information technology skills.
Young people want accessible information about their working conditions, rates
of pay and what to do when the demands of their employers and their studies con-
158
flict. This is particularly important, as they are more likely to be employed as parttime or casual employees. Young people can also face greater exploitation as they
have less experience and are less likely to be in a union, limiting their bargaining
power during negotiations.
In the USA comprehensive Literacy and Numeracy Strategy was introduced. The development of information technology skills by young people is
encouraged. This program responds collaboratively to the needs of young people who are at risk of disengaging from education and training, with a range of
initiatives.
In the USA the Links to Learning Community Grants Program funds community organizations to assist young people who experience significant difficulties participating in formal learning environments to remain in, or return to, education or training. Grants for disadvantaged young women, e.g., increase their motivation to stay at
school and provide assistance so that they can enroll in education and training courses1.
Youth job training programs have become increasingly more important as the
structure of the youth employment market has changed. Today, young people with
limited education have relatively fewer employment opportunities than their counterparts fifty years ago. In 2004, the full and part-time youth employment rates for
youth between the ages of 16 and 27 were one to three percentage points lower than
in 1994. For those without high school degrees or the equivalent, work experience is
extremely important in building a base for future advancement in the work force.
Job training programs for youth need to be somewhat different than those
for adults. Beyond simply imparting skills, youth job training must help students learn leadership, responsibility, and self-confidence. Programs should
concentrate on creating a solid structure for the program, especially in terms of
hiring staff and selecting students. Successful programs also provide flexible
training, close attention to student needs, and rigorous follow-up after placement.
One should also consider students’ needs in addition to employability,
such as drug or alcohol treatment, child care, or family counseling. It is often
necessary to go beyond simply referring clients to social service programs.
Programs might want to schedule appointments for their clients and arrange
transportation, if needed, to and from the appointments.
TEXT 3
1. Memorize the word.
entrepreneur – предприниматель, владелец предприятия
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2. Read the following piece of information and entitle it. Answer the last
question of the text.
The wealthiest people tend to be entrepreneurs. They are people who have
started their own companies and through good management and hard work
have become very successful. You probably already know that starting your
own business is not a guarantee that you will be wealthy, but it gives you an
opportunity to grow. Entertainers, athletes, some medical professions and
Chief Executive Officers might also be called entrepreneurs.
Starting a business isn't for everyone. If taking big chances for big rewards
isn't your style, and salary is a more attractive option, these are some of the
highest paying jobs in Canada (where you work for someone else) in no particular order:
• Specialist Physicians (in a hospital)
• General Practice Doctors
• Judges
• Managers in Finance and Business Services
• Managers in Utilities, Transportation and Production
• Managers in Broadcasting
• Engineers
• Lawyers
• Dentists
Starting your own business isn't difficult, but it takes some time to do the
research and planning that leads to success. You will likely be employed with
someone else while planning your business.
Here are a few questions you'll need to answer:
What is your product or service? This is often the most difficult task, figuring out what your business will do. What will your business expenses be?
How much will it cost to make your product or provide your service? Will you
need an office or shop? How about equipment, supplies, advertising and staff?
What would you have to charge to make a profit considering the costs? What
competitors are in this field already? What do they charge? How do they deliver their product or service? If there are competitors, how can you compete with
them? Better prices? More service? Better location? Something else?
See:
www.cbsc.org/alberta/;
www.nextsteps.org/jobs/smallbus.htm
TEXT 4
1. Read the text. Susan is just 15. She has many questions connected with
the possibility of finding a job. Try to help her find the answers.
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What kinds of jobs are available for people under sixteen? Where can she
find any job advertisements? Can she work from home? What strategy should
be used if she is not able to find the job she is willing or not qualified for?
FINDING THE JOB
It's not easy finding a job when you are under sixteen (even under eighteen!). Many employers set a limit of sixteen as the youngest they will hire. A
good first step is to ask your parents for ideas. They may have connections to
people who can help you. Younger workers do have a few options; here are
some ideas:
• Some fast food restaurants will hire under sixteen years of age.
• Some companies that deliver flyers and newspapers.
• Babysitting for neighbours and family friends.
• Yard work, "odd jobs" for neighbours.
• Keep your eyes and ears open for other opportunities to go into business
for yourself this summer!
Most employers don't advertise available jobs in the newspaper or on the
Internet. Some do of course, but many people have suggested that those positions are a small fraction of the jobs that are actually available. Here's how to
get your résumé to the people that can give you what you want:
• Go through your local phone book and pick out companies that you
would like to work for.
• Visit their website and read about their businesses. What are their goals?
Products? Services? Do they advertise any jobs on their site? Make a list of
things that you can do to help them reach their goals. Can you:
• Help things run smoothly in their office?
• Find new customers for their business?
• Build/repair their products?
• Help them save money?
Then phone the company and ask for an appointment to introduce yourself
and drop off your résumé. Some companies won't allow this, but phone and
ask anyway. Arrange to meet people who are willing to speak with you. Ask
them what they are looking for in a candidate. Briefly let them know how you
can help them reach their goals. Thank them and ask if it would be okay if you
contacted them in the future. Send an email or note later thanking them for
their time1.
Any 'work from home' option that pays an hourly wage is a very good variant.
We can't speak to how many legitimate opportunities of this kind may be available,
but we do know that people who find themselves making a steady income from
home tend to fall into one of two categories: a known and trusted in-office employee
who is allowed to work from home by the employer or someone who is self em-
161
ployed. When considering any entrepreneurial venture, it is important to conduct
plenty of research before you invest any time or money! Some 'work at home' opportunities are actually pyramid or multi-level marketing plans, which can be illegal. If
you suspect this may be the case for an opportunity you have been investigating, you
would be wise to check with your local police and the Better Business Bureau to
obtain information about the legitimacy of the enterprise.
Notes: 1www.nextsteps.org/jobsearch/index.html
TEXT 5
1. Memorize the following words and word-combinations.
to file a case – возбудить дело
to file for – обращаться с заявлением, просьбой
extinguish the debt – погашать долг
2. Give the Russian for.
constitutional convention, the right to adopt uniform national reorganization/bankruptcy laws, to discharge or extinguish most of the debt, an opportunity to organize the affairs, to regain financial stability, a safety valve, commercial
enterprises, legal framework, to stimulate investment in business, investment
environment, financial recovery, contributing members of the community and
taxpayers, fresh start, competitive society, extensive set of regulations, customary and routine business, to fix creditors and debtors' rights and obligations
3. Read the text and get ready to answer the following questions.
1. What do reorganization/bankruptcy laws serve? 2. In what way must reorganization/bankruptcy be done? 3. What other American and Russian laws
besides the laws on reorganization/bankruptcy govern customary and routine
business and commercial affairs? 4. Are there special bankruptcy courts in the
US? 5 How many employees can a single reorganization/bankruptcy involve?
BANKRUPTCY
I. American Concept of Reorganization/Bankruptcy
In September 1787, the American constitutional convention adopted provisions granting to Congress the right to adopt uniform national reorganization/bankruptcy laws. This was done, in part, to prohibit the practice in England where, in certain circumstances, reorganization/bankruptcy was punishable by death. Article I, Section 8 of the U.S. Constitution grants to Congress
the exclusive right to establish uniform laws on the subject of reorganization/bankruptcy throughout the U.S.
Reorganization/bankruptcy laws in the U.S., generally, allow honest individuals and businesses to discharge or extinguish most of their debt, and provide
responsible businesses an opportunity to reorganize their affairs and regain
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financial stability. In that role, reorganization/bankruptcy laws serve as a safety net for a competitive system; these laws are a safety valve for free enterprise.
They can serve exactly the same purpose in developing market economies like
Russia's, specifically with regard to businesses and all commercial enterprises.
A legal framework for reorganizing failed enterprise encourages entrepreneurial effort; it allows for investment and risk-taking. While it does not directly
stimulate investment in businesses, it ameliorates some of the harsh results of
business failure and enhances the investment environment1. A fair statutory
framework for reorganization/bankruptcy, or economic reorganization, permits a commercial enterprise's financial recovery after its decline, a business's renewal after its demise, and economic success after failure.
Reorganization/bankruptcy laws allow individuals and businesses a
chance to recover and become, again, active, contributing members of the
community and taxpayers.
Most important, perhaps, a fair legal framework for reorganization/ bankruptcy provides an avenue for redemption to those honest and responsible
debtors who need a fresh start in competitive society.
Reorganization/bankruptcy is not a pleasant or favored procedure in America. As in Russia, it is looked upon with great apprehension, distrust, and dismay. Reorganization/bankruptcy is, nonetheless, considered a necessary and
useful tool in a competitive or market economy. It is fair to conclude that while
few people "like" reorganization/bankruptcy, few people in a competitive
society would discard it entirely.
II. Role of Reorganization/Bankruptcy Law
in the Commercial Law System
As stated, reorganization/bankruptcy laws allow honest individuals and responsible business enterprises the opportunity to discharge, or extinguish, most
of their debts.
Reorganization/bankruptcy must be done in accordance with an extensive
set of regulations which are designed to give the debtor financial relief, yet protect legitimate interests and rights of creditors. Important limitations are put on
debtors. For examples, generally, reorganization/ bankruptcy cannot be under1
An individual investor, a group of individuals as investors, or a business, would be far less
likely to start a new business, invest in a new product or enterprise, obtain a loan or incur other
debt, if they knew that failure would result in lifelong debt and possible poverty without any chance
for recovery or a "fresh start." With reorganization/bankruptcy laws, honest individuals and businesses can incur debt and know that if they fail, they can, if necessary, get a fresh start and new
opportunity at prosperity.
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taken repeatedly or frequently, and reorganization/bankruptcy laws do not allow
discharge of debts where illegal conduct or deceit has been undertaken by the
debtor.
For the U.S. and Russia, laws other than reorganization/bankruptcy laws
govern customary and routine business and commercial affairs. For examples
(A) contracts are interpreted and enforced according to a commercial or civil
code, (B) most illegal conduct related to business activity is enforced and punished by state or other authorities, (C) consumers are generally protected by
state laws and consumers are generally protected by state laws and consumers
seek redress for unfair treatment in court civil proceedings. When reorganization/bankruptcy is filed in the U.S., however, federal reorganization/bankruptcy
law is implemented and, generally, prevails over most other state and federal
law.
Special federal reorganization/bankruptcy courts, which include about 290
U.S. reorganization/bankruptcy judges, are responsible for administering the
reorganization/bankruptcy laws in the U.S. Most bankruptcies consist of individual cases, thousands every year; they include small businesses often involve
some of America's largest corporations. In the U.S., millions of individuals and
businesses either file for reorganization/bankruptcy, or are directly affected by
reorganization/bankruptcy proceedings, every year.
Reorganization/bankruptcy laws give to the honest individual and responsible business an opportunity to be free of creditor collection efforts, such as
lawsuits, usually permanently, while they attempt to reorganize their financial
affairs. Creditors are not permitted to interfere with a debtor's reorganization/bankruptcy or seek to collect on a debt while the case is in court, unless the
law or the court specifically allows them to do so.
Reorganization/bankruptcy laws, as with all commercial laws, give creditors an organized and stable environment to make loans and extend credit.
Without an orderly and predictable set of rules to govern credit - and to fix
creditors' and debtors' rights and obligations - a successful market economy is
highly unlikely.
In exchange for the special benefits obtained through reorganization/ bankruptcy, an individual or business debtor must disclose all financial information
and history to the court and its creditors. All assets, business and financial
activities, income and expenses, and possible illegal or wrongful conduct, must
be revealed. This protects creditors and the integrity of the system.
Often, an arbitration administrator is appointed by the reorganization/
bankruptcy court to take control of a debtor's assets, investigate the conduct
and assets of the debtor and, if necessary, distribute the assets, or proceeds
from the sale of the assets, equally among the creditors. This arbitration administrator system can better insure professional, objective, and fair treatment of all
164
creditors affected by the reorganization/bankruptcy. It also better assures the
integrity of the reorganization/bankruptcy system.
III. Impact of Reorganization/Bankruptcy Law
Reorganization/bankruptcy law has significant impact on the commercial
law system of the U.S. and its citizens. It is readily available to and used with
some frequency by individuals and businesses. Some believe it is used too frequently.
Between 1981 and 1991, total reorganization/bankruptcy cases filed in reorganization/bankruptcy court rose from 360,329 to 725,484, an increase of
101% in ten years. Over 950,000 cases were filed in 1992.
In the State of Colorado, with a population of three and one-half million,
about 18,000 new cases were filed in 1992. A single reorganization/bankruptcy
can easily involve anywhere from a few employees to 6,000 to 7,000 employees and anywhere from several thousand dollars to over a billion dollars in
assets in a single case. Bankrupt businesses include restaurants and grocery
stores, clothing manufacturers and clothing stores, computer manufacturers,
airlines, ski resorts and hotels, construction companies and architectural
firms, oil and gas companies, small cities, mining companies, and farmers, as
well as law firms and accounting firms.
Protection from creditors through reorganization/bankruptcy is available to
virtually every individual and business in the U.S. It is an opportunity which is
readily accessible to virtually all types of enterprise. In Russia it is available
to most all businesses and enterprises.
(Reprinted with permission of S. Brooks from Brooks S.B., CoarD.H.,
Mitchell Т.О. Principles of Commercial and Reorganization/Bankruptcy Law.
M., Oryol, St. Petersburg, Yekaterinberg, Saratov, November 1993, pp. 2-5)
TEXT 6
1. Read the text and say what the term “fresh start” means.
FRESH START
The primary purpose of the reorganization/bankruptcy laws is to allow individuals and companies a "fresh start" in their financial affairs. This means, in
part, granting relief to a debtor of its "old debt" and otherwise relieving that
debtor of the burdensome, sometimes overwhelming, financial obligations existing prior to reorganization/bankruptcy.
The reorganization/bankruptcy laws grant to a debtor two invaluable benefits. The first is "time" to reorganize its financial affairs and/or the second, an
"opportunity" to regain financial solvency.
While a "fresh start" is the principle long-term benefit accorded to a debtor, reorganization/bankruptcy accords other, short-term benefits to a debtor,
One of the principal short-term benefits is equipping a debtor with the ability to
165
"instantly" freeze its creditors from attempting to collect on claims, thus bestowing additional time to a debtor free from the demands and pressures of creditor claims. The laws also help the debtor by giving the debtor an opportunity to
try and obtain additional credit and/or deal or dispose of property for purposes
of restoring financial solvency.
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Make up as many sentences as you can.
a) It’s important that I
(should) speak to the department heads.
It’s necessary
you
consult the licensing authorities.
It’s better
we
visit the local officials.
It’s advisable
they
contact an administrative agency.
It’s desirable
discuss the conception of public
good.
It’s imperative
follow the rules.
It’s obligatory
b) Jim
suggested that we
(should) be polite with the customers.
I
proposed
you
speak to the executive officers.
they
demanded
report the case to the public
utility commission.
urged
follow the guiding principles
of the resolution.
2. Express regret. Use correct tense-forms of the verb in the Adverbial
Clause.
a) I wish
I
to be
here.
I wished
he
can understand
me.
they
to do
that.
to think
about it before.
to have
the driving license.
3. Complete the following sentences using Subjunctives.
1. You had better... 2. If only I ... 3. If only we ... 4. I would rather... 5. You'd rather... 6. We'd better... 7. We had better not... 8. I'd sooner I be ... 9. He looked as though
... 10. It sounds as if ... 11. I feel as though... 12. It seemed as if...
4. Say that the following will take place if (unless, so long as, in case)…
1. The meeting of the board will be held next Monday if we (to be ready) with
the report by then. 2. I'm afraid we shan't be able to discuss this problem unless the
president (to arrive). 3. I'll get the papers ready for the sitting of the board in case
166
you (need) them. 4. If he (to come), I'll speak to him. 5. I'll tell you everything
about this business so long as you (to keep) it a secret. 6. I'm afraid you won't be
able to present your point of view at the conference unless you (to study) all the
materials concerning giant oil firms. 7. If one of the partners (to withdraw), a new
partner will be admitted. 8. If the company's stock (to sell) for $ 105 a share, I shall
buy twenty.
5. Combine the following sentences expressing probable condition.
Model. A: He will bring a representative of IBM. We shall sign the contract.
B: If he brings a representative of IBM, we shall sign the contract.
Prompts: 1. He will break the contract. He will be liable to pay the damages. 2. He will be able to catch the train. He will be here soon. 3. He will borrow a large sum of money. He will return it not earlier than in a month. 4. He
will fail to sell the equipment. He will lose the profits. 5. He will receive his
dividends next week. He will pay his debt. 6. His business will fail. His personal assets will be taken by his creditors.
6. Express improbable condition.
Model. A: What a situation! I shan't be in time for the sitting of the
board.
B: If it weren't (wasn't) for that situation, you would (you'd) be in
time for the sitting of the board.
Prompts: 1. Damn this inflation! I shan't be able to keep my business running. 2. Look at the price! I shan't be able to buy the stock. 3. Damn that firm!
It's impossible to reap the profits. 4. That stupid assistant! We can't deliver the
orders on time. 5. All this noise! I can't hear the chairman. 6. All this traffic!
I'll never get to the office
7. Express impossible condition. Make the necessary changes.
Model. A: Mr. Smith didn't buy the stock. He didn't get any profit.
B: If Mr. Smith had bought the stock, he would have got some profit.
Prompts: 1. Mr. Black didn't negotiate with them. He didn't sign the contract.
2. Mr. Adams wasn't a proprietor. He wasn't able to experience the feeling of independence. 3. I didn't find a buyer. I wasn't able to sell my house. 4. Richard didn't
want to withdraw from the firm. He didn't sell his stock. 5. He didn't buy the shop.
He didn't get any profit. 6. Mary didn't come to the meeting of the board. She had
no chance to express her opinion.
8.
verbs.
Open the brackets. Use the correct word order and the correct forms of the
Model. Hardly (I – to finish) speaking on the phone when Jim (to come in).
Hardly had I finished to speak on the telephone when Jim came in.
167
1. Under no circumstances (you – must – to speak) to him. 2. Never (the
company – to make) such a profit. 3. Not until a year ago ( I – to start) my
own business. 4. Only after four months since the day of the foundation of our
firm (we – to succeed) in making profit. 5. Little (he – to speak) about his business before. 6. No sooner (I – to start) the negotiations when Sam (to call) me.
9. Paraphrase the following conditional sentences using Inversion.
Model. If he comes, tell him I'll be back in half an hour.
Should he come, tell him I'll be back in half an hour.
Prompts: 1. If the proprietor's business fails, his personal assets can be taken
by his creditors. 2. If you ever go into a partnership with someone you'll have to
consult a lawyer. 3. If one partner of a law firm has only 30 percent share of the
firm, he or she may be called upon to pay all the firm's debts if the other partners
cannot do so. 4. If the firm's owners are dissatisfied with the company's policies,
they can sell their stock to someone else. 5. If I decide to become one of the owners of IBM and if a share of IBM stock sells for $ 110 a share, I can buy ten shares
of IBM stock for $ 1,100.
II. Conversational Formulas
Making Suggestions
I recommend that we (should)
Я предлагаю поступить (так).
do (something).
My recommendation is that we
(should) do (something).
I suggest that we (should) do
Я предлагаю сделать (что-н.).
(something).
I would suggest that we
Я бы предложил поступить
(should) do (something).
(так).
If I were you I would...
На вашем месте я бы...
We could ...
Мы бы могли...
It might be a good idea (to do
Было бы хорошо...
something).
I'd like to come back to the
Я бы хотел вернуться к
previous suggestion
предыдущему предложению.
Exercises
1. Read the following flashes of conversation.
1.
A: I suggest that he be informed of the claim made against him.
B: Right. The claim is very serious. It is necessary that he have time to
think everything over.
168
2.
A: If I were you I should be more careful while collecting statistical data.
B: I didn't think the data I was collecting was so important.
А: Now you know that they are. Based on these data we are going to
make recommendations to Congress concerning new legislation.
3.
A: Our profits have been decreasing for two months. I don't think we are
producing the right kind of products.
B: I completely disagree. The goods of this kind are in great demand but
our prices are not attractive to the customers. We could reduce the costs by
introducing new techniques.
4.
A: Gentlemen, we are facing an alternative. We can either sign a very
profitable contract with the government or continue producing spare parts for
automobile manufacturers.
B: I'd like to know the opinion of the Marketing Manager.
C: I would suggest that we support the government project.
D: But we are doing quite well with spare parts at present.
C: Yes, we are. And I still think that the government project will be a real breakthrough for our firm. I'm sure that our shareholders will support this choice too.
2. Work in pairs. Make up short dialogues using the following situations:
a) say that it is important (necessary, desirable, essential, or imperative) that
your colleague do something. He/she will agree or disagree with you giving
reasons;
b) using expressions “if I were you”, “you had better”, recommend your
younger colleague how to behave with different people working in your office;
c) while speaking to your colleague try to sound suspicious, useing the
phrases "It looks as though", "It seems as if…”;
d) your firm faces a crisis situation, it becomes unprofitable; suggest something to improve the situation while speaking at the meeting of the board of directors;
e) your wife (husband) suggests that you buy the stock of a company producing hi-fi equipment.
III. Dialogue
1. Read the dialogue.
Marion: Hi, Jonathan! How are you?
Jonathan: Fine, thank you. My business is OK. Look! This oldfashioned restaurant I bought two years ago has become a fashionable one.
Marion: Oh, yes. It looks great!
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Jonathan: And what about your business?
Marion: Jonathan, I've come to see you because I need a piece of advice. You
know, my cafe has become unprofitable. Two weeks ago I got acquainted with a
man, Sam Smith by name, who had had prior experience in the restaurant business.
We agreed to incorporate the business and to become partners. But I'm not sure
whether I'm doing the right thing.
Jonathan: Sorry to hear that. But I think there are some advantages of organizing a business in the form of a partnership. You'll be able to put together enough money to modernize the cafe to make it more attractive for
visitors.
Marion: I know that, but the fact is that I'm tired of being a business
woman. So as I see it there are two possible solutions of the problem. You can
either sell your café or become a limited partner.
Marion: I don't like the idea of selling the cafe.
Jonathan: Then the limited partnership is the answer to your problem.
Sam can be the general partner and he will be unlimitedly liable for all the obligations of the limited partnership. Limited partners are liable only for the
amount of the capital contribution they agree to make.
Marion: I think that's the best variant for me. As far as I know, the
limited partner is supposed to be passive with respect to management.
Jonathan: You are quite right. But should you again become active in
managing the business, you can run the risk of losing your legal identity as
"limited" and becoming a general partner. If this happens, the limited liability is
lost.
2. Say what you have learned from the dialogue about: a) Marion, b) Jonathan
IV. Topics for Discussion
1. Speak about the following problems.
1. Differences between proprietorships, partnerships and corporations.
2. Advantages and disadvantages of proprietorships, partnerships and corporations.
2. Choose the best ways of assisting young people looking for career
growth. Prove your opinion.
▪ Encouraging young people to complete a full secondary education or
vocational training,
▪ Expanding opportunities for young people to receive education that
meets their needs and is flexible in delivery,
▪ Ensuring a strong curriculum, best-practice teaching and supportive
technologies,
▪ Creating educational environments in which all students are valued
for their unique abilities and strengths,
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▪ Equipping young people to use technology well,
▪ Improving teacher numbers and quality, and
▪ Promoting rigorous assessment.
▪ Prioritizing connection to education and training for those most at risk
of disengaging, and strengthening links between schools and communities to
increase coordination of supports for these young people and their families.
▪ Increasing student awareness of possible careers, further study options and understanding of the workplace.
▪ Developing effective responses to the specific needs of young people
in accessing and undertaking educational and employment opportunities.
▪ Promoting young people’s right to a fair workplace.
3. Would you start your own business? Give your reasons.
V. Role Plays
I
Role 1: You are going to start your own business in the form of a proprietorship. Consult your lawyer.
Role 2: You are a lawyer. You should consult your client on pros and cons
of having a proprietorship.
II
You are the directors of a small company that manufacturers pet food. The recession has hit profits and you are looking for ways to cut costs and generate extra
income. You have each worked out different ways of finding some extra money.
Explain your proposals, find out about your colleagues’ proposals and then decide
on the best course of the action together. You can put cheaper ingredients in the
products; freeze wages; delay payments to your suppliers; halve the research and
development budget; pack the products in paper cartons instead of tins; reduce the
temperature in the offices to 18°C; cancel the staff Christmas party; stop all spending on advertising; demand larger discounts from our suppliers; travel economy
class instead of first class on flights; install meters in the staff car park.
WRITING
Writer's name
of the company
writer's address
(street/ city/ state/
zip code/ country)
Writing a Business Letter
I. Superscription
STAMP
Attention Mr....
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Addressee's name
of the company
address (street/city/
state/ zip code/country)
Example
VOLZHANIN, LTD.
10 Moskovskaya st.
Saratov, 410004
Russian Federation
STAMP
Attention Mr. White
SMITH AND BROWN OFFICE
SUPPLIERS.INC.
16 South Road
Berkley, CA 91419
U.S.A.
II. Letterhead, Logo. Inside Address, Date, Salutation
Logo
Letterhead
10 Moskovskaya st.
Saratov, 410004
27-12-89
FAX 46-27-12-89
September 12 2006
Smith & Brown Office Suppliers,
Date
Inside Address
16 South Road
Berkley. CA 91419
Dear Mr. White:
Salutation
Inc.
III. Zip Codes and Abbreviations used in the U.S.A.
Zip codes in the U.S.A. consist of five digits. Some business addresses
may have an additional number.
Alabama
AL
Missouri
MO
Alaska
AK
Montana
MT
Arizona
AZ
Nebraska
NE
Arkansas
AR
Nevada
NV
California
CA
New Hampshire
NH
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Colorado
Delaware
District of Columbia Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
CO
DE
DC
FL
GA
HI
ID
IL
IN
IO
KS
KY
LA
ME
MD
MA
ML
MN
MS
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming
NJ
NM
NY
NC
ND
OH
OK
OR
PA
Rl
SC
SD
TN
TX
UT
VT
VA
WA
Wl
WY
IV. Ways of Addressing a Person in a Business Letter
Mr. Black – use when addressing any man
Ms. Black – use when addressing any woman
Mrs. – use when addressing a married or a widowed woman
Dr. Black – use when addressing a person having Phd degree
Dear Sir(s) or Madam/ Gentlemen – use when you do not know the name of the
addressee
To avoid the use of Dear Sir or Gentlemen, which are considered outdated
because they assume that all readers are men, you may use such forms as Dear
Reader, Dear Colleague, etc.
Exercises
1. Practise writing superscriptions.
2. Practise writing letterheads, inside addresses, salutations.
3. Exchange your samples, study them, point out mistakes (if any). Mind the
punctuation.
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LESSON NINE
GRAMMAR: Parenthesis.
WORD-BUILDING: Verb-forming suffixes (Revision).
READING AND ORAL SPEECH PRACTICE: International Law and Globalization. Possibilities of Studying Abroad.
CONVERSATIONAL FORMULAS: Balancing points of view.
WRITING: Writing a Business Letter (continued).
GRAMMAR
Parenthesis
Парантез (вводные слова) служит в предложении:
а) для выражения отношения говорящего к высказыванию;
б) для связи данного предложения с другими;
в) для подведения итога ранее сказанного.
Парантез может выражаться:
а) модальными словами (actually, certainly, indeed, in fact, naturally, surely,
perhaps, evidently, obviously, maybe, truly, decidedly, etc.);
б) наречиями (firstly, secondly, finally, then, thus, anyway, moreover, besides, still, yet, otherwise, therefore, etc.);
в) предложными фразами (in short, in a word, in truth, in my opinion, on the one hand, on the contrary, at last, etc.);
г) фразами с инфинитивом (to be sure, to begin with, to tell the truth,
etc.);
д) фразами с причастием I (generally speaking, strictly speaking, comparatively speaking, etc.).
Exercise
1. Translate the following sentences paying attention to parentheses.
1. Robbery is, perhaps, as much an attack on bodily security as on property.
2. The witness must testify only to matters of fact with which he is personally
acquainted. This has two aspects. Firstly, he must testify only to facts, not to
mere matters of opinion. Secondly, the witness must testify only to facts which
he knows; he must not repeat what has been told him by someone else. 3. In the
U.S. jurisdiction of federal and state courts somewhat overlaps. Thus, a litigant
can often choose whether to sue in a state or a federal court. 4. Generally speaking, what two people agree to do, they may later agree not to do. In legal terminology this process is known as waiver. The term applies to contracts: the parties agree to give up their rights and responsibilities under contract. 5. Actually,
the majority of oral contracts are valid, though there are some contracts that
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must be in writing in order to be enforceable. 6. There are two leading parties
in the U.S.A. To distinguish between these parties is often difficult, however. 7.
Police departments rarely patrol private locations (apartment houses, office
buildings, etc.) because responsibility for such locations is a matter of private
concern. Hence, there has been an expansion of private policing of private locations. 8. All prosecutions for offenses against state law in the U.S.A. are prosecuted in state courts, with some exceptions concerning offenses which involve
federal activity. However, the federal courts have supervisory authority with
regard to the administration of criminal justice in the state courts. 9. In "common law" countries the starting point of judicial reasoning lies in past decisions. In "civil law" countries, on the other hand, the starting point for judicial
reasoning lies in principles and concepts contained in codes.
2. Read and translate the text. Point out parentheses.
STUDYING INTERNATIONAL LAW
A person doing research in Anglo-American domestic common law system normally employs some or all of the following sources of law: primary
sources - constitutions; statutes (codes, compilations, session laws); administrative regulations; judicial decisions ("court reports"); administrative agency
decisions; and secondary sources: legal treatises, periodical articles, annotations, looseleaf services, etc.
Comparatively speaking, such is not the case with International Law research where a researcher will use: As primary sources: treaties, conventions,
and the like; international custom ("customary law"); general principles of law
recognized by civilized nations; and as subsidiary sources: judicial decisions;
legal treatises, periodical articles, and the like (known as "the teachings of the
most highly qualified publicists").
The difficulty, however, may come in determining what "customary law" is. International customary law is made up of two elements: (1) a certain procedure, rule,
pattern of behavior, or conduct carried out over a period of time (not specified), and
(2) an agreement (explicit or tacit) by nations that this procedure or conduct is obligatory as law. In short, a pattern of behavior is not sufficient to create a customary rule
of international law.
Although most nations do not accept resolutions and declarations per se as
sources of international law rules, a resolution or declaration may restate well
established rules of international law. In that case, the resolution or declaration
is simply a statement (or "restatement") of international law. Moreover, a resolution or declaration may become a rule of international law through the development of customary law. If nations follow a practice or rule laid out in a
declaration or resolution and gradually begin to accept it as obligatory, then
that practice or rule becomes a customary rule of international law.
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REDING
TEXT 1
1. Read the text. Write a detailed plan of the text. Compare your plans
with those of your fellow students. Choose the best one.
INTERNATIONAL LAW BASICS
One of the most prominent and urgent problems in international governance is how different branches and norms of international law interact, and
what to do in the event of conflict. With no single ‘international legislator’ and
a multitude of states, international organizations and tribunals making and enforcing the law, the international legal system is decentralized. This leads to a
wide variety of international norms, ranging from customary international law
and general principles of law, to multilateral and bilateral treaties on trade, the
environment, human rights, the law of the sea, etc.
The prevalent theoretical approach to the relationship between international and municipal law is called "dualist." It views any national legal system and the international legal system as separate and discrete entities, each
with its own power to settle the effect any rule of law might have within it.
Thus, international law is generally not thought to be able to make itself effective in a domestic legal order; this depends on the constitutional rules of the
municipal system itself. Conversely, municipal law is thought incapable of imposing itself in the international legal system. A state ordinarily may not rely on
its own domestic law as a ground for repudiating an international legal obligation.
Another theoretical approach to the relationship between international
and national law is called "monist" because it views the international legal order
and all national legal orders as component parts of a single "universal legal
order" in which international law has a certain supremacy. Whatever the logical
attractions of monism, it is not usually as reliable a guide to practice as dualism.
Most states and most courts, including those in the United States, presumptively
view national and international legal systems as discrete entities and routinely
discuss in a dualist fashion the incorporation of rules from one system to the
other.
Sovereignty and international law are apparently antagonistic. The notion behind state sovereignty is that a state ought to be able to govern itself,
free from outside interference; underpinning international law is the idea that
external rules ought to be able to limit state behavior. In the real world, neither sovereignty nor international law could reign absolutely without vanquishing the other. The lesson of history seems to be that in practice neither
sovereignty nor international law ever completely wins out. Rather, a bal-
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ance is struck between the two, an accommodation that makes up an essential aspect of the constitution of international politics at any point in time.
International law can point to the new influence of international organizations,
especially to the United Nations in the wake of the Security Council's new activism, to the European Union poised to step to a new level of European integration
and globalization, and to the World Bank and the International Monetary Fund
reaching out to an increasing number of states. Judicially, there is the International
Court of Justice, as well as the regional international courts, principally the Court
of Justice of the European Union and the European Court of Human Rights
(ICHR), which have been remarkably busy and efficacious. The prospering triangle of international courts in The Hague, Luxembourg, and Strasbourg is without
precedent in the long history of international arbitration and adjudication.
The former Soviet Union/Russia signed and ratified both the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights,
and when Russia became a member of the Council of Europe in February, 1996, the
governing authorities declared that the country would fulfill all of the requirements of
the ECHR so as to sign the convention and its accompanying protocol within a year.
Russia also agreed to ratify the Convention within three years. Furthermore, the Russian Constitution of 1993 states that the country is a democratic federative lawgoverned state (Article 1) and a number of provisions have been made in which it is
stated that international human rights are binding for Russian authorities. Subsequently, Article 15, Section 4 of the Russian Constitution states that recognized principles and rules of international law make up an integral part of the internal law; it
also establishes that in the event of a conflict, rules of international agreement shall
apply. Furthermore, the Russian Constitution guarantees human rights in accordance
with recognized principles and norms of international law (Article 17) and establishes that human rights have direct force in the national law (Article 18).
Hence on these grounds Russian authorities are bound both politically and
legally by the international principles of law that anyone accused of a penal
offence shall be presumed innocent until proven guilty. It is also inherent in
this that any reasonable doubt in a criminal case must be applied in favour of
the accused. The presumption of innocence applies to individuals who are suspected of or accused of having committed a crime, and it grants citizens general protection from being singled out by the authorities as criminals before
their guilt has been established in a court of law. Thus it may be considered a
breach of the presumption of innocence when the police and the public prosecution issue statements and pronouncements that may form a basis for drawing
conclusions about the guilt of the accused person. The same is true if a representative for the state publicly asserts that a person is guilty of a crime before
the person's guilt has been established by a court, cf. the statement from the
Human Rights Commission of the Council of Europe in the case "Petra Krause
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vs. Switzerland" (1979) which addressed certain statements made by the Swiss
Justice Minister during a television broadcast1.
Notes: 1http://www.bellona.no/en/index.html
2. Give the Russian for.
prominent and urgent problem, international governance, customary international law, separate and discrete entity, international legal obligation, international legal order, external rules, influence of international organizations,
European Court of Human Rights, internal law, reasonable doubt, to be proven
guilty, presumption of innocence
3. Give the English for.
отрасли и нормы международного права, демократическое правовое
государство, прямое действие, общие принципы права, многосторонние и
двусторонние договоры, всеобщий правовой порядок, инкорпорация
норм из одной системы в другую, ограничивать поведение государства,
Международный Суд
4. Complete the following sentences using the words given below each
sentence (a, b or c).
1. Most states view national and international law systems as…
a) unequal, b) discreet entities, c) as branches of the national law
2. Sovereignty and international law are…
a) synonymous, b) closely connected, c) antagonistic
3. The presumption of innocence applies to…
a) ordinary citizens, b) accused or suspected, c) plaintiffs
5. Translate the following sentences.
to make up
1. Farming and mining make up most of the country’s economy. 2. The
committee is made up of representatives of all the universities. 3. These three
articles make up the whole book.
in favour of
1. The committee was in favour of my proposal. 2. He rejected from my
proposal in favour of his.
6. Make up word-combinations.
a) international
Monetary Fund
law
organization
legislator
tribunal
c) national
legal
universal legal
social
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order
norms
politics
Court if Justice
convention
human rights
d) external
internal
legal
moral
rules
7. Form the derivatives with the help of the following suffixes:
-ize (-ise): legal, popular, special, organ, victim, terror, economy
-fy/-ify: false, null, class
-en: short, wide, long, deep
8. Speak on a) the main principles of international and national law; b)
participation of Russia in the development and application of international
law.
TEXT 2
1. The primary role of the international law is adoption of measures for
struggle with international crime. After you read the text say:
a) what an international crime is; b) what specific features it is characterized by; c) how the international crimes are prosecuted.
INTERNATIONAL CRIME
An “international crime” is an act that is defined as criminal under international law. In most instances, this will be done through international agreements, but customary international law also plays a role. Normally, an act will
initially be defined as a crime by an international agreement and then, after the
agreement has been ratified by a large number of states and generally accepted
even by those states who do not become parties, the act may be regarded as a
crime under customary international law. If an act is defined as an international
crime under customary international law, this creates an international legal
obligation to refrain from the commission of the act. The classic example of
this process is the 1907 Hague Convention No. IV Respecting the Laws and
Customs of War on Land, which the International Military Tribunal at Nuremberg explicitly recognized as having become customary international law, at
least by 1939.
Since the most important goal of these treaties and conventions is to ensure prosecution of the accused, many of the conventions strongly state an obligation either to extradite or to submit the accused for prosecution. Under
normal circumstances, it is solely up to the state where an accused is apprehended to decide whether to extradite or prosecute him. To ensure that the
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prosecution option is realizable, each state party is required to take such
measures as may be necessary to establish its jurisdiction over the offence in
cases where the alleged offender is present in its territory and it decides not to
extradite him. Usually, this will require the adoption of legislation.
2. Match the international crimes and their definitions.
Attack directed
against any civilian population
Extermination
Persecution
Enslavement
Deportation or
forcible transfer
of population
The crime
apartheid
of
Enforced disappearance
of
persons
the intentional infliction of conditions of life, inter alia
the deprivation of access to food and medicine, calculated
to bring about the destruction of part of a population
the exercise of any or all of the powers attaching to the
right of ownership over a person and includes the exercise of such power in the course of trafficking in persons,
in particular women and children
a course of conduct involving the multiple commission of
acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack
forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they
are lawfully present, without grounds permitted under
international law
the arrest, detention or abduction or persons by, or with
the authorization, support or acquiescence of, a State or a
political organization, followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons,
with the intention of removing them from the protection
of the law for a prolonged period of time
the intentional and severe deprivation of fundamental
rights contrary to international law by reason of the identity of the group or collectivity
inhumane acts of a character similar to those referred to
in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or
groups and committed with the intention of maintaining
that regime
TEXT 3
1. Memorize the following words.
award – (присужденная) награда
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loan - заём
overdraft – превышение кредита
2. Read and the following international words and give their Russian
equivalents.
sponsor, total, realistic, resident, permanent resources, to contribute, athlete, to accelerate
3. Analyze the structure and meanings of the following words.
scholarship, first-year, need-based, post-graduate, grant-based, handful,
mid-year, co-signer, repay, part-time, college-level, A-level, post-secondary
4. Give the Russian for.
to assess personal funds, identify financial assistance, to reduce educational costs, family sources, living costs, academic records, international students,
local government, realistic expectations, bachelor’s degrees, financial assistants, permanent residents, liberal arts colleges, annual costs, top student, employer’s letter, 20 hours per week, resident assistant, international student advisor, British Council
5. Nowadays many students of Russia have an opportunity to get or continue their education in some other countries. As you study the English language the following information on possibilities of studying in the UK and the
US will be of great importance for you. Read the following text and make a
plan including all the necessary steps for you to get a chance to study in the
UK or the US.
EDUCATION FOR INTERNATIONAL STUDENTS
IN THE UK AND THE US
It is important to start your financial planning at least 12 months before
you intend to study in the United States. Financing your college education consists of: compiling effective applications; assessing personal funds; identifying
financial assistance for which you are eligible; reducing educational costs.
At first you are to consult your parents and other family sponsors to find
out how much money they can commit each year to your education. Try to
raise as much as you can from family sources.
All types of scholarships and financial aid for international students are
highly competitive and require excellent academic records. You will often find
the terms "scholarships" and "financial aid" used interchangeably, but technically speaking, a scholarship is a financial award based on merit, including
outstanding academic performance, special talent in sports or performing arts,
or perhaps community service or leadership. Financial aid is a "need-based"
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grant based on the student's financial need, as documented by family income,
assets, and other factors. Below are the main types of financial assistance
available for international students who want to study in the United States:
Home Country Funds: You can conduct research at home to find possible funding from local government, corporate, or foundation sources. Although
these sources are not found in all countries, you could reduce your educational
cost with scholarships from local organizations.
Funding From Colleges: Meet with an educational adviser to learn how
to research available financial aid for international students. Careful advance
research and realistic expectations are more likely to result in success. Do not
assume that all colleges award financial aid. In fact, less than half of the institutions offering bachelor's degrees can provide financial assistance to students
who are not citizens or permanent residents of the United States. Keep in mind
that financial aid for U.S. students is separate from financial aid for international students. Be sure to tell the admissions office your country of citizenship
and request information on financial aid available to non-U.S. citizens. If offered, financial aid is usually made up of a number of different types of assistance, including grants and scholarships and occasionally loans or part-time
work programs.
You will discover that financial aid is very rare at state, or public, colleges
and at colleges that offer professional courses such as engineering, business
administration, and health professions. More financial aid may be available
from the private liberal arts colleges, which offer the arts and science subjects.
As you do your research, make a table listing the colleges you would like
to attend. Write down annual costs, then enter the average financial aid award
and the number of awards made by each of the colleges. Such information is
available from resources in your information or advising center.
International students often ask advisers about full scholarships, which
cover all the costs of education except for airfare. The total number of full
scholarships available each year to incoming international students in the United States is about 1,000, offered by only about 100 colleges. To get a full
scholarship, you must be one of the top students in your country, usually with
"A’s" (excellent) in almost every subject, high SAT (the SAT Test is required
for those wishing to enter a Bachelors' degree program or other first university
program in the United States) and TOEFL scores, and distinguished performance in other areas such as leadership and community service. There are 20
top students from all over the world competing for each scholarship, so you
must distinguish yourself among a pool of outstanding students.
International Awards: International students also ask about financial assistance
from foundations, organizations, and the U.S. government. Very little aid exists
through such sources, and it is usually earmarked for advanced graduate students.
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Loans: In limited instances, you may be able to negotiate a loan to fund
part of your educational costs. Your educational adviser may have information
on loan programs for which you may be eligible. You must usually have a U.S.
citizen co-signer to act as a guarantor for any loans from U.S. loan programs,
and in most cases you must already be enrolled in a U.S. university before you
apply. Before taking a loan, make certain you know how you are going to repay it, and how a loan will affect your plans for graduate or other further study
and for returning home.
Employment: Current immigration regulations permit international students to work only part-time — up to 20 hours per week — and only on campus during their first year of study. By working 10 to 15 hours a week, you
could earn enough to pay for incidentals such as books, clothing, and personal
expenses, but your campus job cannot pay your major expenses, such as tuition
or room and board. This income also cannot be used as a source of income for
any official financial statements. Campus jobs may include working at the university cafeteria, bookstore, library, or health club, or within the university's
administrative offices.
After the first year, you can also apply for employment as a resident assistant (RA) in a university dormitory. RAs serve as the first point of contact for
students needing assistance or who have queries regarding dorm life. In return,
RAs receive free accommodation and sometimes a small salary and/or meal
plan.
Under current regulations, after your first year of study, you may apply to
the Immigration and Naturalization Service (INS) for permission to work off
campus for up to 20 hours a week. You should note, however, that there is no
guarantee that this request will be granted. You should always check with your
international student adviser before considering any form of employment.
When planning your finances, consider these ways to reduce your costs:
Best Buys: Look for the colleges that offer you the highest quality education at the lowest cost.
• Accelerated Programs: Completing a four-year bachelor's degree in
three years saves thousands of dollars.
Tuition Waivers: Based on your first-year grades, some colleges award
partial tuition waivers. A superior academic record could save you thousands
of dollars.
Living Expenses: Becoming a resident assistant in a dormitory could save
thousands of dollars in living costs. Working in the dining hall offers a modest
salary plus "all you can eat" meals. Living off campus with a relative or friend
saves money if suitable accommodation is available and public transport is
efficient.
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Two-year and Community Colleges: Many students save thousands of
dollars in tuition by attending community colleges for their first two years and
then transferring to four-year institutions to complete their degree1.
Finding funds for studying in a UK university or college
It is always best to get independent advice from trained and experienced
advisers.
1. You should first look at the information on the British Council site
& UCAS (Universities & Colleges Admission Service):
As well as a range of information about education & the UK, there are sections on:
• Sources of Funding for International Students – useful database of
scholarships & grants for international (overseas) students wanting to study in
the UK.
• Living in the UK – including information on finance, finding somewhere to live, health care, bringing a family & student support.
• Working in the UK if you are an international student – information from the British Council.
UCAS & the Independent newspaper have useful online guides to studying
in the UK.
• Studying in the UK – includes information on teaching methods, living in the UK, improving your English, applying to universities, passport &
visas, costs of studying & living, issues for mature students, where to get help
& case studies.
• UCAS – a guide for international students on applying to undergraduate courses, including a section for parents & a section on English language
courses.
2. For information on choosing the best course & individual advice on
funding & scholarships for study in the UK:
• Contact your nearest British Council office, or UKCOSA (The Council for International Education) through their website, by telephone or by
email. You should also contact your own Ministry of Education or government
Education Department, as they should have details of scholarship opportunities
for students wishing to study overseas. They will also be able to advise you on
your own government's conditions for studying abroad.
3. Recognition of your qualifications:
• If you would like to check if your qualifications and educational certificates are acceptable to colleges, universities or professional bodies, contact
a NARIC or ENIC (National Academic Recognition & Information Centre) or
similar organization in your own country or in the country you wish to work or
study in.
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• Your chosen college or university can also check your qualifications
and certificates for you but you may be asked to send them the original certificates or diplomas.
Europe Open for Professions provides information about the recognition
of vocational & professional qualifications across Europe
4. Applying to a UK university or college:
Some universities may accept applications from international students directly and may have special offers relating to fees and other expenses. You
will need to contact your chosen universities directly.
5. For information about Further Education, English courses and
adult & community education:
• The British Council and each college will help with advice on courses, finance and visas. Further Education (FE) colleges provide courses to study
for General Certificate of Secondary Education (GCSE), A-levels, GNVQ
(The General National Vocational Qualification), English language, a range of
vocational qualifications and some also provide Higher Education programmes, including Higher National Diplomas and degrees.
6. You may be able to negotiate a loan or overdraft from a bank or
building society:
It is unlikely you will be able to get enough to cover all your study and living expenses. Each bank has different criteria for agreeing loans and it will
also depend upon your own situation. For more information, contact the banks
and building societies directly2.
• Notes: 1http://educationusa.state.gov/undergrad/aid/finance.htm
2
http://www.support4learning.org.uk/money/funds_internat.htm
ORAL SPEECH PRACTICE
I. Mind Your Grammar When You Speak
1. Answer the questions according to the model.
Model. A: Why didn't you come to the institute yesterday?
B: To tell the truth, I cut my lessons.
Prompts: A:
B:
to speak to him
to hate speaking with him
to buy the shares of Smith & Co
not to like risk-taking
to return your debt to him
to have no money
to prepare the documents on time
to hate paperwork
to make a fresh start in business
not to believe in success
to agree to become a general partner not to like the idea of having unlimited liability
to agree to become a limited partner not to like to be passive in managing business affairs
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2. Respond to the statements as in the model.
Model. A: He didn't want to come.
B: Yet, he did come.
Prompts: to do it, to fail you, to start the discussion, to remind them of
their duty, to meet with customers on Friday, to miss that chance
3.
Express supposition.
Model. A: He didn't come to the lecture.
B: Perhaps, he fell ill
Prompts: A:
B:
to prepare all the documents (Past) to be short of time
to tell me about it (Past)
to forget to do it
to want to incorporate (Present)
to be afraid of failure
to make a fresh start in business not to have enough money
(Present)
to mention that fact (Past)
not to want to discuss it
to invest in a new product (Present) to believe it will be competitive in
the market
II. Conversational Formulas
Balancing Points of View
Yes, but...
Да, но…
Yes, but on the other hand...
Да, но с другой стороны...
I accept what you say, but...
Я согласен с тем, что вы говорите, но...
I see your point but...
Я вас понимаю, но...
Up to a point I agree with you but... В какой-то мере я с вами соглаI agree up to a point but...
сен, но...
I agree with you to some extent
but...
I suppose you are right but...
Полагаю, вы правы, но…
I'm not sure really.
Я не уверен.
I wouldn't say that.
Я бы этого не сказал.
Maybe.
Может быть.
Exercises
1.
Read the following flashes of conversation.
1.
A: I think he is right saying that this problem is difficult to solve.
B: Yes, but, on the other hand, it is too important to be neglected.
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A: Oh, yes.
2.
A: I think this case should be considered in accordance with the international law norms.
B: I'm not sure really.
2.
Working in groups of two or three, discuss the following statements.
Legal research work is much more interesting than legal practice.
Men make better lawyers than women.
3. Terminological differences existing in various legal systems present little
difficulty for an experienced scholar.
1.
2.
III. Polylogue
Look through some of the following sources of information on possible
ways of financing your study abroad. Exchange useful information with your
fellow-students in the form of a polylogue.
• British Council – Sources of funding for international students – including
scholarship information [http://www.britishcouncil.org/education/funding/index.htm]
• Ford Foundation – small number of grants to individuals
[http://www.fordfound.org/]
• Foundation Center Online – information & research on US grants
[http://fdncenter.org]
• Fulbright Commission US – UK – advice & guidance for UK & US people
wishing to study in the UK or US , including awards & scholarships, short courses,
admission test information, US study programmes in the UK, work experience, professional licensing issues & useful links to other information sites
[http://www.fulbright.co.uk]
• GradFund – key site with searchable database on sources of funding for Postgraduate Studies in the UK for UK & international applicants
[http://www.ncl.ac.uk/services/finance/gradfund]
• The Soros Foundation Network supports the development of an open society through funding specific educational opportunities around the world
[http://www.soros.org]
• InternationalScholarships.com is an online financial aid resource for international students wishing to study in a foreign country. You will find a comprehensive listing of grants, scholarships, loan programs, and other information to assist
college and university students in their pursuit to study abroad
[http://www.internationalscolarships.com]
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• The National Collegiate Athletic Association's official web site provides details of limited scholarships available for outstanding student athletes
[http://www.ncaa.org].
IV. Topics for Discussion
1. Speak on the following problems.
1. Euro: single currency for the whole world.
2. Pros and cons of globalization.
3. The role of English for law students.
2. Look through the sites of the most famous international organization.
Choose one of them for several members of your class. Make a presentation
including data on the main principles of work and role in the world community.
International Organization for Standardization (ISO) (http://www.iso.ch/)
World Trade Organization (WTO) (http://www.wto.org/)
International Monetary Fund (IMF) (http://www.imf.org/)
Council of Europe (http://www.coe.int/)
European Union (EU) (http://europa.eu.int/)
European Court of Justice and Court of First Instance
(http://europa.eu.int/cj/index.htm)
European Bank for Reconstruction and Development (EBRD)
(http://www.ebrd.com/)
3. Discuss the degree of danger of the following international crimes.
Aggression
Unlawful Use of Weapons
Genocide
Apartheid
Slavery and Related Crimes
Unlawful Human Experimentation
Piracy
Aircraft Hijacking and Sabotage of Aircrafts
Threat and Use of Force Against Internationally Protected Persons
Taking of Civilian Hostages
Drug Offenses
International Traffic in Obscene Publications
Destruction and/or Theft of National Treasures
Theft of Nuclear Materials
Interference with Submarine Cables
Falsification and Counterfeiting
Bribery of Foreign Public Officials
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WRITING
Writing a Business Letter
(continued)
1. The Structure of a Business Letter
1. Logo/or letterhead.
2. Inside address.
3. Salutation.
4. Body paragraph(s).
5. Closing phrases.
6. Signature.
1.1. Body paragraphs usually include:
a) An opening sentence;
b) Statement of Purpose;
c) Statement of action;
d) Polite expressions.
1.1.1. An Opening Paragraph
Tell the addressee why you write the letter.
1.1.2. Statement of Purpose
a) Providing information;
b) Requesting information;
c) Making an offer;
d) Placing an order;
e) Complaint;
f) Reminding;
g) Requesting an adjustment;
h) Apologizing, etc.
1.1.3. Statement of Action
a) Scheduling appointments;
b) Giving deadlines;
c) Telling what you want;
d) Suggesting ways of handling the problem; e) Offering proof.
1.1.4. Polite Expressions
a) Apologies; b) Thanks.
1.2. Closing Phrases
Sincerely/truly/faithfully yours
Yours sincerely/truly/faithfully
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Exercises
1.
Read the following business letter and analyze it.
Dear Mr. White:
Thank you for your order No 275-25-03 for refrigerators which is now being processed.
Much to our regret, owing to unforeseen circumstances we shall be unable to meet
the deadline of the delivery. There will be a delay of about three weeks.
We would be grateful if you could confirm that you will accept late delivery. Please accept our apologies once again.
Sincerely yours,
B. Wilson
Bill Wilson
Shipping Clerk
2.
Learn some of the phrases used in business letters.
With reference to your letter...
Ссылаясь на Ваше письмо...
Further to our meeting...
В дополнение к нашей встрече...
We are pleased to inform you that... Рады сообщить Вам, что...
We wish to notify you that...
Хотим уведомить Вас о том, что...
On receiving your order...
Получив Ваш заказ, ...
We regret to inform you that...
С сожалением сообщаем, что...
We are sorry to receive your com- Мы огорчены, что получили Ваplaint that...
шу жалобу...
We assure you that...
Заверяем Вас, что...
We hold you responsible for...
Мы считаем, что Вы виноваты в...
We have pleasure in offering you...
Мы с удовольствием предлагаем...
In reply to your enquiry...
В ответ на Ваш запрос...
We would appreciate prompt re- Мы будем признательны за скоply...
рый ответ...
We look forward to + Gerund
С нетерпением ждем...
3. Write several letters according to the assignment:
a) announce a new product;
b) request information about a new product;
c) place an order;
d) apologize for the delay in replying the letter;
e) remind that your letter remained unanswered;
f) make a reservation at a hotel;
g) reply to an enquiry.
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