Сборник текстов для внеаудиторного чтения для
студентов заочной формы обучения
по дисциплине
«Иностранный язык в сфере юриспруденции»
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Оглавление
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THE LAWYER
TEACHING LAW AT THE UNIVERSITIES AND IN THE INNS OF COURT
LEGAL SERVICE
POSSIBLE OVERLAP OF CIVIL AND CRIMINAL LAW
CRIMINAL LAW. DIFFERENCES BETWEEN CIVIL AND
CRIMINAL LAW
6. MORALITY AND ITS RELATION TO CIVIL AND CRIMINAL LAW
7. The differences between criminal and civil courts
8. Statutory interpretation
9. ORGANIZATION OF POLICE FORCES IN BRITAIN. POWERS AND
DUTIES OF THE POLICE IN BRITAIN
10.POLICE POWER IN THE USA
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Text 1. Read and translate the t ext
THE LAWYER
The lawyer, in broad sense, is one whose principal occupation is related both to
the making and administration of the law, and who has a sufficiently wide education,
distinguishing him from minor administrative officials.
The lawyers of different countries differ widely from one another. The Continent
bases its jurisprudence upon the university-made civil law, in place of the Judgemade common law of England and the USA. The practice of this civil law consists of
several co-ordinate professions, each constituting a career in itself. Such are, for
instance, the professions of judge, of diplomat, of higher civil servant, of law teacher
and scholar.
The United States stand at the opposite extreme; the student, after his formal
education is completed, is admitted by the State to the privilege of general practice of
the law. There is little or no connection between his course of preparation - which
may or may not be in a university - and the particular line of highly
specialized legal activity in which he will find himself at first, and from which he can
later pass to the bench, into politics or even business.
In England the lawyer occupies a position somewhat resembling that of his
colleague in the United States, but not to the extreme exemplified here.
Answer the questions:
1. What is the principal occupation of the lawyer related to?
2. Do lawyers of different countries differ from one another?
3. What is the basis of jurisprudence on the Continent?
4. Common law in England and the USA is judge-made, isn't it?
5. What professions does civil law consist of?
6. Is there any connection between the course of preparation of a lawyer in the
USA and his future legal activity?
7. Does the position of the English lawyer resemble that of his colleagues on the
Continent and in the USA?
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Text 2. Read and translate the t ext
TEACHING LAW AT THE UNIVERSITIES AND IN THE INNS OF COURT
Nearly all English Universities have a faculty of English law, giving instruction
by university professors, readers and college lecturers and in most cases granting
degrees in law or making law or some portions of law. Many of the university
teachers are amongst the foremost authorities in the profession on the subjects
expounded by them. They together with the lecturers of the Inns of Court and the
Law Society are members of the Society of the Public Teachers of Law, which meets
annually to discuss subjects of common interest and publishes a journal.
The Law Society and the Inns of Court provide legal education for vocational
purposes.
The Inns of Court by their Council of Legal Education both teach, and examine.
To be called to the Bar, students have to pass an examination in the specified
subjects. A great majority of students having a university education, a certain
number of them pass the examination without attending lectures of the Council or
elsewhere. If one was taught law at a university, he attends the lectures of the
Council under the guidance of the Council's chief educational officer or the director
of legal education.
At present the Council provides a reader and assistant reader in Roman Law,
jurisprudence, International law, Common law, in the law of conveyancing and in
equity, a reader in constitutional law, in evidence, procedure (both criminal and
civil) and criminal law and a lecture in Hindu and Mohammedan law. Lectures are
given continuously during the day throughout educational term.
Answer the questions:
1. What institutions develop legal education in Britain?
2. Do English universities grant degrees in law?
3. Who forms the Society of the Public Teachers of Law?
4. What are the functions of the Inns of Court in legal education?
5. What do students have to do to be called to the Bar?
6. Is it possible to pass the examination without attending lectures of the Council of
the Inns of Court?
7. What specialists does that council provide?
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Text 3. Read and translate the t ext
LEGAL SERVICE
It is important for business people, especially small business people, to know
something about the law, in particular, about their country's property legislation,
since many companies have property contracts of different kinds. It is important to
know what your company's legal liabilities are. Your company may own its own
factories and office buildings and may lease some of its property to paying tenants. It
may itself lease property from a landlord. In both cases, the small business person
should know the details of each article of the contract to avoid breaches on either
side. If either party does something illegal, then there is the danger that the other
party will sue for breach of contract. The party with the weaker case might then do
well to agree to an out-of-court settlement to stop the case from going on for too
long. If you do not and the court's judgement goes against you, you may have to
pay all the costs of the case.
Another important area of commercial law is the law on patents, which protect the
company's intellectual property. This area can be so complicated, however, that
companies have to hire or train specialists to deal with it.
Find the proper words for the following definitions.
1. An agreement which ends a dispute, sometimes made out of court.
2. The court's decision on a case.
3. An agreement for someone to use a property for a certain period of time in
exchange for regular payment.
4. You have this when you are legally responsible for something.
5. A formal legal agreement, usually in writing.
6. The opposite of legal.
7. This is when someone breaks a formal written agreement.
8. The laws passed by a country's parliament.
9. To take legal action against someone in civil court.
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Text 4. Read and translate the t ext
POSSIBLE OVERLAP OF CIVIL AND CRIMINAL LAW
Civil and criminal law may overlap because a fact situation can give rise to
both a criminal lawsuit and a civil lawsuit. For example, if a person gets drunk and
drives a car carelessly, killing another person, the prosecutor could sue the drunk
driver for manslaughter (a criminal lawsuit) and the family of the person killed could
sue the driver for wrongful death (a civil lawsuit). In other words, two lay- suits may
arise from the same basic fact.
It is not a violation of the constitutional principle that no person may be put in
jeopardy twice for the same crime, for in the above mentioned case one suit is
criminal, the other is civil. The double jeopardy prohibition only forbids being tried
criminally more than once for the same act.
There is generally no particular order in which civil or criminal suits must be
brought when two such suits arise from the same general facts. However, since a
criminal conviction is usually harder to get, a civil plaintiff often waits to sue after
the government has sued criminally on the matter.
It should be also born in mind that in modern states many new offences, which
are different from the traditional crimes, have appeared. In order to enforce some
social regulations special administrative courts have been set up. They can not be
fitted into any strict division of civil and criminal courts, applying rules which are
neither civil nor criminal but administrative.
Answer the questions:
1. In what cases may criminal law and civil law overlap?
2. When may double jeopardy prohibition work?
3. What is the order of institution of criminal and civil suits when they arise
from the same crime?
4. What kind of courts decides cases, which are neither civil nor criminal?
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Text 5. Read and translate the t ext
CRIMINAL LAW. DIFFERENCES BETWEEN CIVIL AND
CRIMINAL LAW
Criminal law has to do with relations between the misbehaving individual and
his government, in other words it deals with wrongs considered injurious to the
community, and consequently punishable by the state.
Criminal law establishes rules of conduct. Their breach, if prosecuted and if
conviction follows, results in punishment. The criminal being convicted, the
government takes away his freedom, or his money, or kills him.
In a criminal lawsuit, the government is a litigating party, the prosecution in
Great Britain is the King or Queen, in the United States - the People. Judge and jury
are also government, but there is no collegial consequence. The judging officers of
the government, unless they themselves are criminals, show no favour to the
prosecuting officers. The judges are independent of the rest of the government.
Criminal law is not directed to redress of the victim's loss. Its main interest is
collective, the safety of the society as a whole. Criminal law establishes prohibitions
thought necessary. Having established such prohibitions criminal law tries to enforce
them through penalties. Besides prosecution, criminal law, by advertising the
possibility of penalty, aims to deter all of us from being engaged in the disapproved
behaviour.
Several differences exist between civil and criminal law. First, each has a
different objective. Civil law is generally compensatory, whereas criminal law is
generally punitive.
Aside from their objectives, other differences exist between civil and criminal
law. Civil law has been created largely in response to pressure from below. If one
person has suffered material loss through the act or omission of another, he can apply
to the courts for a remedy. Criminal law, on the other hand, is imposed from above.
In other words, the plaintiff in criminal cases is always a government - national or
local; in civil cases the plaintiff is usually a private party.
Civil wrongs do not generally involve any detective problems. In criminal law,
on the other hand, detection and identification are important and require public
machinery of investigation.
Criminal sanctions do not only punish and so deter other wrongdoers from
imitation. They also strive to correct and reform the criminal. As for civil sanctions,
they are compensatory.
Agree or disagree with the statements true(T) or false (F) :
1. Criminal law deals with wrongs injurious to people and to society as a whole.
2. The breach of criminal law results in redressing the victim's loss.
3. In a criminal lawsuit the government is only judge and jury.
4. The main interest of criminal law is to redress the a victim's loss.
5. Criminal law establishes necessary prohibitions and tries to enforce them.
6. The main aim of criminal law is the safety of the community as a whole?
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Text 6. Read and translate the t ext
MORALITY AND ITS RELATION TO CIVIL AND CRIMINAL LAW
There exists a tendency to separate morality and the law, and for certain
purposes the separation is valid. But in a fundamental sense it is not correct, for
obedience to the law is itself a moral need. This is felt, if not recognized, by most
people.
The kind of law to which this habit of obedience is directed is usually criminal
law. It carries a higher charge of moral sanctions than civil law. We have one sort of
accustomed response where the conduct is declared a crime, and another, where its
only consequence is civil liability. There is less moral feeling about breaching
contracts or doing harm not considered criminal.
Some schools of jurisprudence separate civil law from morality. The idea is
that civil law simply sets alternatives, in other words, one's promise here is the taking
of an option: one may either keep the promise or run the risk of judgement - not
moral judgement, but a court order to pay a sum of money.
As for courts, they often mix the law and morality. They are inclined to regard
a promise as a promise, in the law or out of it, and this tendency to fold morality into
the law has grown stronger in the course of legal history.
Answer the questions:
1. What in obedience to the law?
2. What is the kind of law to which the habit of obedience in directed?
3. What charge does criminal law carry?
4. What is the idea of separating civil law from morality?
5. What are courts inclined to regard?
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Text 7. Read and translate the t ext
The differences between criminal and civil courts
Let's look at some examples to highlight the differences between the types of court.
Firstly, trespass. Trespass is a tort, so the sign to deter unwanted visitors that you may
have seen on a gate, Trespassers will be prosecuted', isn't correct. What's wrong with
it? Remember, you can only prosecute someone in a criminal court, and trespass is
not a crime. It's a tort. A trespasser would be sued in a civil court, and the court
would normally order the defendant to pay damages. Or in certain circumstances the
court might issue a prohibitory injunction to prevent the trespasser from going onto
the plaintiff's land. If there was a breach of the injunction, the trespasser would be in
contempt of court and the case would be heard in either the county courts or the High
Court.
What about assault? Well, assault is both a crime and a tort. In a criminal case,
assault is usually defined as any act which intentionally or possibly recklessly causes
another person to apprehend immediate and unlawful personal violence. 'Apprehend'
means to understand that something is very likely to happen. Battery, on the other
hand, is usually defined as the intentional or reckless application of force on another
person. If you deliberately bump into someone in a street, that would be actionable,
but if the street was extremely crowded and you had no way of avoiding it, that
would be part of acceptable social interaction and would probably not be actionable.
Theft is a crime and is defined in the Theft Act 1968 as 'dishonestly appropriating the
property of another with the intention of permanently depriving the other of it.' Here
is a situation which, sadly, some of you might have experienced. A student was on
his first visit to the UK and was unfamiliar with the currency. He took a taxi and paid
the driver what he thought was the correct sum of money. The driver indicated that he
needed more and took notes from the student's wallet that amounted to far more than
the actual fare. The driver was convicted of theft and appealed on the grounds that the
victim consented to the money being taken. The Appeal Court judges rejected this
argument because the student only consented to the legal amount being taken.
True or false
1. Trespasser will be prosected
2. The court normally orders the defendant to pay damages
3. Assault is both a crime and a toot
4. Battery is defined as a intentional or reckless application of force on another
person
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Text 8. Read and translate the t ext
Statutory interpretation
Statutory interpretation (how courts understand laws passed by Part)
1) literal rule (ordinary meaning in dictionary)
2) mischief rule (to address the wrong)
3) golden rule (meaning that best fib situation)
Statutory interpretation is the way the courts construe or understand the meaning of
the laws or statutes that have been passed by Parliament. However, the words that are
used in statutes are not always precise, so judges need to interpret them to make sure
they have understood the exact meaning that Parliament intended. In order to do this,
judges use three rules, which are known as the literal rule, the mischief rule and the
golden rule.
The literal rule interprets words in their plain, ordinary dictionary meaning. This
should mean that it is easier to come to a quick decision about what Parliament
intended, as the word can be found in an easily available source. It also means that
the judges should apply the words of (Parliament. However, as we know, when you
look up a word in a dictionary, it may still be open to wide interpretation.
The golden rule is a variation on the literal rule. When a word has multiple meanings,
the judge selects one meaning that best fits the situation. In the Theft Act, section
states that a person is - guilty of theft if he dishonestly appropriates property
belonging to another. The word property has many possible meanings and the judges
have to interpret it in a way that best fits the situation in the case.
The court can also interpret a word so that the outcome of the trial is not
unacceptable. In one case, a son would have benefited financially by murdering his
mother. Under statute law, if a mother dies without making a will, the son must
inherit. There is also a rule that no one can profit from their wrong. The court decided
that using the literal rule would go against the wishes of Parliament and applied the
golden rule instead.
The mischief rule looks at the law before the Act of Parliament was passed and what
the Act was intended to change. Judges look at what mischief or wrongdoing
Parliament intended to prevent rather than the exact Words in the Act which might be
open to interpretation.
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3.
4.
Answer the questions:
What is statutory interpretation?
What rules do judges use to understand the exaxt meaning of statutes?
What is the golden rule?
What is the mischief rule?
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Text 9. Read and translate the t ext
ORGANIZATION OF POLICE FORCES IN BRITAIN. POWERS AND
DUTIES OF THE POLICE IN BRITAIN
The police in Britain are organized very differently from many other countries.
Most countries have a national police force, which is controlled by central
Government. But in Britain there is no national police force, although police policy
is governed by central Government's Home Office.
There is a separate police force for each of 52 areas into which the country is
divided. Each area has a committee of local county councilors and magistrates.
These committees are in charge of the local police forces.
The police forces act independently from each other, but sometimes they have
to co-operate. A Chief Constable, who is the senior police officer of a force, may ask
for assistance of London's police force. There is a number of ranks in the police
forces: after the Chief Constable comes the Assistant Chief Constable, Chief
Superintendent, Chief Inspector, Inspector, Sergeant and Constable. There are also
Special Constables who are members of the public and work for the police
voluntarily.
The powers and duties of the British police are dealt with in different Acts of
Parliament.
The main thing that determines the powers and duties of the police is that the
police have no privileges over the rest of the population. But in case of necessity
they are given the powers of arrest, search, etc. Sometimes they can use these
powers only, when they have a warrant from a magistrate.
The Metropolitan Police perform much national service such as the protection
of the Royal Family and Ministers, but "The Man from the Yard" appears in a
criminal case outside London only when asked to do it by other forces.
The police are responsible for controlling offences like speeding, careless and
drunken driving. The police also deal with lost property, safeguard public order, but,
of course, their main function is apprehending criminals.
Answer the questions:
1. Who is police policy governed by?
2. Where are the powers and duties of the British police dealt with?
3. What is the main thing that determines the powers and duties of the police?
4. What service do the Metropolitan police perform?
5. What are the police responsible for?
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Text 10. Read and translate the text
POLICE POWER IN THE USA
Police power means the power of a municipal government to preserve the
welfare of the public by prohibiting everything that is contrary to it, and 'demanding
that which is best for its welfare and safety/ Legislatures have jurisdiction of police
power through a federal system of government, and it is delegated by the State to the
municipalities throughout the State, and is exercisable only within its limits.
Standard laws and the, preservation of the public health are one of the most
important duties of the police or State municipality,-and they have the right to -enact
such ordinances as may be required by the practice of the law, medicine, banking,
etc.
The municipalities' general welfare is another important function for example;'
protection against fire, the erection of telephone and telegraph lines, the care of the
insane and poor, the erection of definite classes of buildings, such as theatres,
markets, shops, etc.
An important function of the police power is to provide safety for the public in
regulating places for public meetings.
Police power cannot be exercised for the benefit of particular individuals or for
the private purposes, its main object must be the public good.
' In New York City, the Police Department is under the supervision of a
Commissioner appointed by the mayor for a term of 5 years; he may be also removed
by the mayor or by the Governor of the State. He has 5 assistants also appointed by
the mayor.
The city is divided into inspection districts each in charge of inspector, and the
districts are subdivided into precincts each in charge of a captain. There are 68
station-houses, each in charge of lieutenant or desk sergeant.
Answer the questions:
1. What does police power mean?
2. What are the most important duties of the police?
3. What right do the police have?
4. What in another important function of the police?
5. Who supervises the Police Department in New York?
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