Московский государственный университет им.М.В.Ломоносова
Факультет иностранных языков
кафедра английского языка для гуманитарных факультетов Центр общественных наук
КХЛ.Гуманова В.А.Королева М.Л.Свешникова Е.В.Тихомирова
Just English
АНГЛИЙСКИЙ ДЛЯ ЮРИСТОВ
Учебное пособие под ред. Т.Н.Шишкиной
Ассоциация "Гуманитарное знание", "Теис" Москва 1997
Chapter I. LAW AND ORDER.................................................................................3
Unit I. The Need for Law......................................................................................................3
Unit II. An Outline of Lawmaking Process in Great Britain and the USA...........................9
Unit III. The Court System of England and Wales...............................................................11
Unit IV. People in Law Cases in Great Britain.....................................................................13
A.
Types of Legal Professions.............................................................................13
B.
Solicitors and Barristers................................................................................14
C.
Judges in Great Britain.....................................................................................18
Unit V. The Court System of the USA..................................................................................25
Unit VI. Attorneys in the USA..............................................................................................27
Unit VII. Language Activities...............................................................................................30
A.
Radio Phone-in...................................................................................30
B.
Spy Photo Case..................................................................................33
Revision.................................................................................................................................34
Just for Fun............................................................................................................................36-40
Chapter II. GREAT BRITAIN,..................................................................................43
Unit I. The System of Government.......................................................................................43
Unit II. Parliament.................................................................................................................45
Unit III. A Member of Parliament.........................................................................................51
Unit IV. Elections..................................................................................................................54
Unit V. The Royal Family.....................................................................................................59
Revision.................................................................................................................................65
Just for Fun............................................................................................................................68
Chapter III. THE USA..............................................................................................71
Unit I. The Constitution.........................................................................................................73
Unit II. The System of Government......................................................................................75
Unit III. The System of Checks and Balances.......................................................................85
Unit IV. American Federalism..............................................................................................87
Unit V. Elections...............................................................…................................................90
Unit VI. Language Activities. Glimpses of American History.............................................94
Revision................................................................................................................................96
Glossary to chapters II and III..............................................................................................97
Chapter IV. YOU - THE JURY...............................................................................103
Unit I. A Handbook on Jury Service....................................................................................103
Unit II. Justice?....................................................................................................................115
Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting….............................118
Revision...............................................................................................................................121
Just for Fun......................................................................................................................... 122
Glossary...............................................................................................................................123
Chapter V. CRIME AND PUNISHMENT................................................................128
Unit I. Crime........................................................................................................................128
Unit II. Punishment..............................................................................................................131
Unit III. A Policeman and the Criminal World....................................................................135
Unit IV. The World of Crime.............................................................................................. 143
Unit V. Language Activities. Let's Do Justice.....................................................................151
Revision................................................................................................................................154
Just for Fun...........................................................................................................................158
Glossary................................................................................................................................159
Reader....................................................................................................................164
Part I. Famous Lives. Crime and Justice..............................................................................164
Part II. Law Stories...............................................................................................................181
Part III. Tom Sawyer Testifies..............................................................................................192
Some words with difficult pronunciation.............................................................................197
Some names with difficult pronunciation.........................................................................198
Unit I THE NEED FOR LAW
TASKl. Read the text.
Mr. Jones, having murdered his wife, was burying her in the garden one night, when his neighbour, hearing the
noise, asked him what he was doing.
"Just burying the cat," said Mr. Jones.
"Funny sort of time to bury a cat," said the neighbour.
"Funny sort of cat," said Mr. Jones.
Now it is obvious to everyone that, in a community such as the one in which we live, some kind of law is necessary
to try to prevent people like Mr. Jones from killing their wives. When the world was at a very primitive stage, there
was no such law, and, if a man chose to kill his wife or if a woman
8
succeeded in killing her husband, that was their own business and no one interfered officially
But, for a very long time now, members of every community have made laws for themselves in self-protection.
Otherwise it would have meant that the stronger man could have done what he liked with the weaker, and bad men
could have joined together and terrorized the whole neighbourhood.
If it were not for the law, you could not go out in broad daylight without the fear of being kidnapped, robbed or
murdered. There are far, fai more good people in the world than bad, but there are enough of the bad to make law
necessary in the interests of everyone.
There is no difficulty in understanding this but it is just as important to understand that law is not necessary just
because there are bad people in the world. If we were all as good as we ought to be, laws would still be necessary. If
we never told lies, never took anything that didn't belong to us, never ommitted to do anything that we ought to do
and never did anything thai \ve ought not to do, we should still require a set of rules of behaviour, in other words
laws, to enable us to live in any kind of satisfactory state.
How ts one good man in a motor-car to pass another good man also in a motor-car coming in the opposite direction,
unless there is some rule of the road? People sometimes hover in front of one another when the> are walking on the
pavement before they can pass, and they may even collide. Not much harm is done then, but, if two good men in
motorcars going in opposite directions hover in front of one another, not knowing which side to pass, the result will
probably be that there will be two good men less in the world.
So you can see that there must be laws, however good we may be. Unfortunately, however, we are none of us
always good and some of us are bad, or at any rate have our bad moments, and so the law has to provide for all
kinds of possibilities. Suppose you went to a greengrocer and bought some potatoes and found on your return home
that they were mouldy or even that some of them were stones, what could you do if there were no laws on the
subject? In the absence of law you could only rely upon the law of the jungle. You could go back to the shop,
demand proper potatoes and hit the shopkeeper on the nose if he refused to give them to you. You might then look
round the shop to try to find some decent potatoes. While you were doing this,
the shopkeeper might hit you on the back of the neck with a pound weight. Altogether not a very satisfactory
morning's shopping.
Or you might pay your money to go to see a film at a cinema. You might go inside, sit down and wait. When the
cinema was full, there might be flashed on the screen: "You've had it, Chums". And that might be the whole of the
entertainment. If there were no law, the manager could safely remain on the premises and, as you went out, smile at
you and say: "Hope you've enjoyed the show, sir." That is to say, he could do this safely if he were bigger than you
or had a well-armed bodyguard.
Every country tries, therefore, to provide laws which will help its people to live safely and as comfortably as
possible. This is not at all an easy thing to do, and no country has been successful in producing laws which are
entirely satisfactory. But we are far better off with the imperfect laws which we have, than if we had none at all.
TASK 2. Answer the questions.
Rules, laws, regulations - What is your personal understanding of these words? Is there any difference between
them?
TASK 3. Work in groups. Make a list of arguments for and against the following statements.
1.
Laws haven't changed since primeval times.
2.
However hard people try, laws are always insufficient.
3.
Laws are not for ordinary people, they are for lawyers.
TASK 4. Continue the list: chum, bloke, pal...
Unit II
AN OUTLINE OF LAWMAKING PROCESS IN GREAT BRITAIN AND THE USA
T.iSK 1. Read the following texts.
Britain
New legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages,
called readings. The first reading is
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purely formajj to introduce the bill. The second reading is usuertrj? the occasion for debate. After the second reading
the bill is examihedj ia detail by a committee. '
^ t<^
^v
Thef bill is then returned to one of the houses for the report stage, when it can be attended/ ilf passed after its third
reading, it goes to the other house. Amendments made to a bill by the House of Lords must be considered by the
Commons. If the House of Commons does not agree, the bill is altered and sent bask to the Lords. In the event of
"persistent disagreement between the two houses, Commons prevails.
*
Finally, the bill goes to the reigning monarch for the royal assent Nowadays the royal assent is merely a formality.
In theory the queen could still refuse her consent, but the last monarch to use this power was Queen Anne, who
vetoed the unpopular Scottish Militia Bill in 1707.
United States
The US Congress, the lawmaking arm of the federal government, consists of two houses: the House of
Representatives and the Senate. Any congressman in either house, or the president, may initiate new legislation.
The proposed legislation, or bill, is first introduced in the House of Representatives, then referred to one of the
standing committees, which organizes hearings on it and may approve, amend or shelve the draft. If the committee
passes the bill, it is considered by the House of Representatives as a whole. If passed there, it goes to the Senate for
a similar sequence of committee hearings and general debate.
In cases of disagreement, the House of Representatives and the Senate confer together. Once passed by the Senate as
a whole, the bill has to be examined by two more standing committees - the Committee on House Administration
and the Senate Committee on Rules and Administration - and is then signed by the speaker of the House and by the
president of the Senate.
Finally, it must be signed by the president, who has the right to veto it. If the president vetoes a bill, it can still
become a law - but only if it is passed by a two-thirds majority in both houses of Congress.
TASK 2. Answer the questions.
1.
In which House does new legislation usually start? ^a) in Great Britain
b) in the USA
2.
What is a bill ? How does a bill become a law ?
a)
in Great Britain
b)
in the USA
3.
Who has the right of veto ?
11
a)
in Great Britain
b)
in the USA
; 11
"f
TASK 3 Work in groups. Find as many differences (similarities) in the lawmaking in GB and the USA as possible.
Unit III V THE COURT SYSTEM OF ENGLAND AND WALES
TASK 1 Read the text and examine the chart.
iThe most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates'
courts and about 30,000 magistrates.
\Pfa t More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil
cases (for example, divorce or bankruptcy cases) are dealt with in County courts.'
Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court,
unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords;
(Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be
referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British
Government change its practices in a number of areas as a result of petitions to the European Court of Human
Rights.
The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts
(which investigate violent, sudden or unnatural deaths)! There are administrative tribunals which make quick, cheap
and fair decisions with much less formality. Tribunals deal with professional standards, disputes between
individuals, and disputes between individuals and government departments (for example, over taxation).
12
The legal system in England and Wales
(The system т Northern Ireland is similar, but the system in Scotland is quite different and separate)
The House of Lords
3 Law Lords
Civil courts
Criminal courts f
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т
.----------1-----f.------П
__________I______________
Court of Appeal
1-3 judges, no jury
High Court 1-3 judges, no jury
7,,'
County Courts
1 judge, no juryU-J Crown Court
1 judge + jury [
Magistrates' Courts 3 magistrates, no jury
TASK 2. Find in the text the English equivalents for the words below.
общее право;
решение суда;
уголовный кодекс;
гражданский кодекс;
Л'
мировой судья;
Суд Короны;
гражданское дело;
суды графств;
Европейский суд по правам человека;
правовая система;
суд по делам несовершеннолетних;
правонарушитель;
насильственная смерть;
уголовное дело.
TASK 3. Use the information given above to answer the questions.
1.
Who is responsible for making laws in Britain?
2.
In the United Kingdom, what is the difference between criminal and civil law?
3.
What is the most common type of law court in England and Wales ?
4.
Name three other types of British courts.
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TASK 4. Work in pairs and discuss the following.
Which courts do you think would deal with:
a)
a bank robbery?
b)
a divorce case?
c)
a burglary committed by a fifteen-year-old?
d)
a drowning?!r-^' <e)
a case of driving too fast?
Unit IV PEOPLE IN LAW CASES IN GREAT BRITAIN
A. Types of Legal Professions
TASK 1. Read this classification.
SOLICITORS
There are about 50,000 solicitors, a number which is rapidly increasing, and they make up by far the largest branch
of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today
work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court
cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a
Magistrates' court.
* BARRISTERS
There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers
work together on cases, barristers specialize in representing clients in court and the training and career structures for
the two types of lawyer are cfui'te separate. In court, barristers wear wigs and gowns in keeping with the extreme
formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).
JUDGES
,
There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate
training for judges.
JURY
,
С A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral
Register (the list of people who can vote in
14
elections). The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant
is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely
used in civil cases.
/
MAGISTRATES
There are about 30,000 magistrates (Justices of the Peace or JPs), who fjudge cases in the lower courts. They are
usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.
CORONERS
Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.
, CLERKS OF THE COURT
Clerks look after administrative and legal matters in the courtroom. v **
TASK 2 Choose the correct definition for each legal profession mentioned in the text.
'\ (a) an officer acting as a judge in the lower courts. - (b) a public official with authority to hear and decide cases in
a law court.
(c)
a group of people who swear to give a true decision on issues of in a law court.
(d)
an official who investigates the cause of any death thought to be violent or unnatural causes.
(e)
a lawyer who has the right to speak and argue in higher law courts.
(f)
a lawyer who prepares legal documents, advises clients on legal and | speaks for them in lower law
courts.
B. Solicitors and Barristers
TASK 1 Before listening to thq Jape, read the following text
<
,J
v
England ^is almost unique in having two different kinds of lawyers, with separate Jobs in the legal system. The
two kinds of lawyers are solicitors and barristers.*^ *'i«
If а рег«Ш1 has a legal problem, he will go and see a solicitor.
Almost every town will have at least one. In fact there are at least 50,000
^ xi solicitors in Britain, and the number is increasing
\
the
15
Many problems are delalt with exclusively by a solicitor. 'For'instance, solicitor deals with petty crimes and some
matrimonial matters in
Magistrates' Courts, the lowest Courts. He prepares the case and the 'evidence. ^He Actually speaks {ц Court for
you.
In a civH action he can speak in the County Court, when the case is one of divorce or recovering some deMs. In the
County Court the solicitor wears a black gown over his ordinary clothes.
A ^olicitor also deals with matters outside Court. He does the legal work involved in buying a house, for Instance.
He writes legal letters for you and carries or» legal arguments outside Court. If you want to make a will the best man
to advise you is a solicitor.
To qualify as a solicitor, a young man or woman joins a solicitors a "clerk" and works for him whilst studying part
time for the "Law Sdciery" exams. Interestingly enough, it is not necessary for you to go to university. When you
have passed all the necessary exams, you can "practice", which means you can start business on your own.
Barristers are different from solicitors. Barristers are experts in the
f
i J$V
interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on
^advocacy (the art of presenting cases in Court). Indeed,r if you desire" representation in any Court except* me
Magistrates' Court, you must have a barrister, with one or two exceptions.
Barristers are rather remote figures. If you need one, for irisbnc'e, you never see him without your solicitor being
with him. Barristers do not have public offices in any street They work in „wfyat are known as chambers', often in
London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive
clubs^ In many ways the remoteness they have and the job they do are medieval in conception. 71» To qualify as a
barrister you have to take the examinations of the Bar
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Council. These are different from solicitors' examinations. There are pver f 5,000 barristers in England. A good
one can earn 30,000 pounds a year.1 Only "*" barristers can become judges in an English Court above a Magistrates'
Court.
*Barristers are also found in South Africa and New South Wales (Australia)
TASK 2. Answer the questions
1.
What is almost unique about the English legal system?
2.
What kind of problems does a solicitor deal with? 3 How do you qualify as a solicitor?
4.
What are barristers experts in?
5.
When must you have a barrister?
16
6.
What reasons are there for saying a barrister is rather remote?
7.
How do you qualify as a barrister?
TASK 3. Read the following text and answer the questions
One of the most important figures in the British legal system is the solicitor.i-It is his job to advise you on legal
matters of all kinds. If you get into 'trouble with the police you will probably ask a solicitor to help prepare your
defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue
your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for
you.
} , ^ ltl , v *л
On this tape a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels
when he knows the man he is
A* \A'i»
) >
defending is guilty. He gives his reason for defending someone in these circumstances.
K>Jc
с
1.
What are the two main jobs of a solicitor?
2.
What does the young solicitor talk about on the tape?
TASK 4. Listen to Part 1 of the tape.
/
The solicitor says why he thinks thefts occur and then gives his views on violence.
he
TASK 5 Match each word or expression on the left with the correct definition on the right.
a)
motive
b)
there's a patte)(h of...
c)
we'll do that house
d)
broken homes
TASK 6. Answer the questions.
1.
the same thing occurs again and
a ain
§
2.
families in which either the father or mother has left
3.reason
4. we'll rob this house
1.
What is the strongest motive for theft?
2.
What pattern often occurs in lives of people involved in theft?
3.
What house do robbers usually choose?
4.
What background do robbers most often come from?
17
TASK 7. Listen to Part 2 of the tape.
The solicitor describes a case of a violent crime he has had to defend.
TASK 8. Explain the meaning of the following words and expressions.
a)
fair degree of seriousness (of a crime);
b)
to chase sb.;
c)
to assault sb.
TASK 9. Answer the questions.
1.
After what event in his life did the man become a criminal?
2.
Why couldn't the man keep any job for very long?
3.
How serious was the crime that this man committed?
4.
Where did the crime occur?
5.
Where was the elderly man sitting when the criminal beat him ? Why did the criminal beat him?
6.
What information did the solicitor obtain about his defendant (before starting to work on the case)?
TASK 10 Listen to Part 3 of the tape
The solicitor explains why he defends people who admit they are guilty. Then he gives an example.
_7
TASK 11. Match each word or expression on the left with the correct definition on the right.
a)
witness
b)
crosis-examme
c)
witness box
d)
evidence
e)
defence
f)
allege
2-6858
1.
everything witnesses say in court: facts, etc.
2.
where witnesses stand in court.
3.
someone who sees a crime or an accident
4.
ask all witnesses involved in a case questions
5.
to say something happened though the fact hasn't been proved yet
6.
all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.
t «i A -т
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TASK 12. Answer the questions.
1.
What reputation does the solicitor's firm have?
2.
Why does the solicitor defend people he knows are guilty?
3.
Describe what he has been told in the case he has at the moment.
4.
What will his client do in court?
5.
What exactly will the solicitor do? What will he ask questions about?
6.
How does the solicitor feel about what he has to do?
*' TASK 13. Discuss the following.
1.
Are you satisfied with the solicitor's reasons for defending guilty people? Say why you
are or are not.
2.
What would happen if solicitors refused to do their best for people they think or know are guilty?
C. Judges in Great Britain
TASK 1. Before listening to the tape, read the following text and answer the questions.
In Britain, the vast majority of judges J (that is, the people who decide what should be done with people who
commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). / They are ordinary
citizens >ho are selected not because they have any legal training but^because they have "sound common sense" and
understand their fellow^Kuman befogs. They give up time voluntarily.
A small proportion of judges are not
Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for
which the criminal might be sent to prison for гагяге than a year. High Court Judges, unlike Magistrates, are paid
зашпезо^ the State and have eonsiderable legal training.
Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates
themselves, knows, who is on the special committee in their area. The committee tries to*araw\lviagistrates from as
wide a variety of professions and social classes as possible. ,
19
i J On this tape, a Magistrate describes the sort of people who come before
him, gives examples of a few typical cases and finally talks about the difficulty of deciding between when to help a
person and when to punish him.
1 . What kind of people are Magistrates?
2.
Why are they selected?
3.
Who would judge a person who had committed a crime like murder?
4.
Who selects Magistrates and what is 'unusual about'the system?
5.
What does the Magistrate on the tape talk about?
TASK 2. Listen to Part 1 of the tape.
Magistrate talks about the sort of people who come before him.
TASK 3. Match each word or expression on the left with the correct definition on the right.
a)
inadequate
1. the main impression
b)
punishment
2. not to have enough sympathy
c)
overwhelming impression
3. treat too softly d)insufficiently concerned with
4. inadequacies
e)
shortcomings
5. the prison sentence or fine given to a
criminal
f)
molly - coddle
6. used for people who somehow lack
the necessary intelligence or maturity to make a success of their lives TASK 4. Answer the questions.
1.
What word does the Magistrate use to describe most of the people who come before him?
2.
How, according to him, do they react to situations?
3.
What does he think most of them need?
4.
What sort of things does the public say about criminals?
5.
What sort of people has the public sympathy for?
6.
What sort of people has the public not enough sympathy for?
20
TASK 5. Work in pairs. Discuss the following.
"Criminals should be punished." How do you feel about that?
TASK 6. Listen to Part 2 of the tape.
The Magistrate describes a serious case he had recently, in which it was difficult to decide what to do.
TASK 7. Match each -word or expression on the left -with the correct definition on the right.
a)
forgery
b)
post office savings book
c)
put on probation
d)
old age pensioner
e)
seriously in debt
f)
a fine
1.
punishment in the form of money you have to pay the Court
2.
owing other people a lot of money
3.
an old person receiving a pension (money from the State )
4.
allowed to remain free but only under supervision
5.
signing a check or some other document with another person's name
6.
many people have a post office savings account. They put sums of money in the post office.
When they want to take money out, they take this small book to the post office with them
TASK 8. Answer the questions.
1.
What exactly had the woman done? Give details?
2.
What do you learn about the woman herself?
3.
He could have sent her to prison or fined her. Did he?
4.
What finally happened to the woman?
5.
What were the reasons for this?
21
TASK 9. Discuss the following.
Do you agree or disagree with what the Magistrate did? Give your reasons.
TASK 10. Combine the folio-wing pairs of sentences into one according to the model.
MODEL: We had a case. A woman stole a post office savings book. We had a case of a. woman -who stole a post
office savings book.
a)
We had a case. Someone attacked a man.
b)
I remember having a case. Three men broke into a house.
c)
I've never had a case. A man robbed a bank.
d)
A colleague had a case. A young boy took a motor cycle.
TASK 11. Listen to part 3 of the tape.
The Magistrate describes two less serious cases. In both of them, it was easier to decide what to do.
TASK 12. Match each word or expression on the left with the definition on the right.
1.
being found guilty of anything before
2.
she had planned what she was going to do
3.
something that makes you feel pity
4.
to be mixed up, unclear about what you aredoing or what is happening
e) she had set out on a deliberate 5. to be accused by the police in court expedition
a)
charged with
b)
pathetic
c)
confused
d)
previous convictions
r
TASK 13. Answer the questions.
1.
The two women were both the same in one way. In what way?
2.
How does the Magistrate describe the first woman?
3.
What exactly does he say about "sleeping pills" in her case?
4.
What did he with her and why?
5.
What was different about the second woman?
6.
What happened to her?
22
TASK 14 Discuss the following.
1.
"There is no definite proof about the sleeping pills and the first woman. The Magistrate would
have been right to send her to prison". Discuss it.
2.
Why was it easier to decide what to do with the second woman?
'
TASK 15. 1. Make the sentences containing reported questions according to the model.
MODEL: How many had she taken? Nobody knew. Nobody knew how many she'd taken.
a)
How confused was she? It's difficult to say.
b)
When had she last had a pill? We couldn't find out.
c)
Where had she got the pills? The doctor didn't know.
d)
How many things had she stolen? The police couldn't say.
e)
How much were the things worth? Nobody asked.
2. Make sentences containing the ing-form according to the model.
MODEL: There was no question of confusion of mind.(fming her) There was no question of fining her.
a)
sending her to prison
b)
putting her on probation
c)
being to soft
d)
not punishing her somehow
e)
not knowing what she was doing
TASK 16. Listen to part 4 of the tape.
The Magistrate says why he gives help in some cases and punishment in others.
TASK 17. Explain the meaning of the expressions.
a)
to feel desperate;
b)
on the other hand.
TASK 18. Answer the questions.
1.
Why does the Magistrate feel desperate sometimes?
2.
What does he have to consider when he sees that someone needs help?
23
3.
What would happen if some people were left free?
4.
What does he say would happen if people were never punished?
TASK 19. Discuss the following.
From what the Magistrate has said throughout the tape, do you think he is too "soft", too "hard" or what? Why?
TASK 20. 1. Make sentences containing reported questions according to the model.
MODEL: It depends. How anti-social has their action been? It depends how anti-social their action has been.
a)
It depends. What did he do?
b)
You must consider. How much has a man done?
c)
It all depends. How many times has a criminal been in prison?
d)
I always consider. What is his background?
e)
It depends. How serious is the crime?
2. Make conditional sentences according to the model. MODEL: People must be punished. If people were not
punished crime would increase. Discipline must be taught. If discipline weren't taught, crime would increase.
a)
Things like this must be done.
b)
The law must be enforced.
c)
Fines must be given.
d)
People must be sent to prison.
e)
Magistrates must be firm.
TASK 21. Read the text and answer the questions.
The Innocent and the Guilty
Imagine, if you can, that you have been arrested for somethingjlike shoplifting, or for dangerous driving, or for
getting drunk and causing "a disturbance of the peace". You are in a Magistrates Court now.
You, "the accused", are in a kind of large, open box. The sides come up almost to your chin. It is on a raised
platform almost in the centre of the court and is called "the dock". You are "in the dock". There are three
24
Magistrates "on the bench" in front of you. At least one of them is, £„woman. They are also on a raised platform, at
desks, side by side. In frdnt of and below them there is another man. He is the "Clerk of the Court" and he, unlike
them, is framed in the law and is paid for his work. During your case he will handle the administrative details and
perhaps give advice to the Magistrates on legal points.
„/
The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that
he always carries. He tells the court when and why he arrested you, what you said, what he said, and so on. tYour
solicitor questions, or "cross-examines" hirrfoOne of the Magistrates speaking for all three, also asks questions.'
Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence.
"Everyone is innocent urileVs proved guilty". In other words, you do not have to prove that you are innocent. The
police have to prove you are guilty.
At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of
you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand>The Magistrate who has done the
talking for the others tells you whether they have found you innocent or guiltv^He can sentence you to no more than
six months in gaol for one offence, to a maximum of one year for two or more offences or to a fine of 400 pounds.
,
i
"^ДМоге serious cases are heard'in the Crown Court,-Avhere the Judge is always a legal expert and is also paid for
his work. In the Crown Court you may, if you choose, be given a "trial by jury". Twelve ordinary people like
yourself judge you. But the Judge himself always decides on the sentence.
Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full
names, ages, addresses and details of the case are given. Find such an article if you can from an English local
newspaper. It will give you an idea of the kind of cases that can be tried in such a court.
1.
What are the names of at least three offences (less serious than crimes) for which people are tried in a
Magistrates' Court.
2.
What exactly is meant by "the dock"?
3.
If you are "in the dock", what and who do you see is front of you?
4.
If you are the accused, describe what these people will do during your case.
a)
the policeman who arrested you
b)
your solicitor
c)
one of the three Magistrates
d)
the other two Magistrates
e)
witnesses
25
5.In what way, with regard to framing and pay, is the Clerk of the Court different from the Magistrates?
6.
What is the longest term a Magistrates' Court can sentence anyone to?
7.
Where are more serious cases heard?
UnitV -t THE CeURT SYSTEM ФР THE USA
TASK 1. Examine the chart and read the text.
US Supreme Court Opinions
Ut^ ^_______(Approximately 140 signed opinions)
Original jurisdiction
(Approximately 10 cases)
Request for review (Approximately 4200 petitions and ___ appeals)
___
From Federal Administrative Agencies___
US Courts of Appeals (36,000 cases)
State Courts of Last
Resort (60,000 cases)
State Intermediate Appellate
Courts (130,000 cases)
US District Courts
(94 Courts) (280,000 cases)
State Trial Courts (27,000,000 cases)
The Organization of the Federal Courts Today
C/^Hf I
The American court system is complex. It functions as part of the federal system of government. Each state runs its
own court system, and no two are
26
<fc " т 1. In additic
identical. In addition, we have a system of courts for the national government. These federal courts coexist with the
state courts.
Individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. They can
sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are
resolved in the state courts.
i The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US district
courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court. To
appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts,\
with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a
wide array of cases; the judges in these courts are known as generalists.
TASK 2. Find in the text the English equivalents for the -words below.
сосуществовать;
частные лица;
суды штатов;
подать иск;
федеральные суды;
подавляющее большинство;
подпадать под юрисдикцию;
разрешить дело в судебном порядке;
ярус;
Верховный суд;
судебное разбирательство, тяжба;
окружные суды;
высшие суды;
аппеляционные суды;
исключение;
низшие суды;
суд последней инстанции;
рассматривать дело.
TASK 3. Answer the questions.
1.
Who is responsible for making laws in the US?
2.
Name American courts in the descending order.
3.
In what way are the federal courts organized?
4.
Where does litigation begin?
27
5. What does the word "to appeal" mean? TASK 4. Fill in the blanks.
The Federal and State Court Systems
The federal courts have three tiers: (a)^/ * '(-*"' "' of (b)gijpf"' с;' /i and the (c) / "(xP/Vfc Court. The (d)_, was
created by the Constitution; all other (e) created by Congress. Most litigation occurs in (f)t/iJiT> structure of (g)
(h)______
intermediate (j)
courts, courts
_/____Court
courts were ^courts. The
_____ courts varies from state to state; usually there are
for less serious cases, (i)________for more serious cases,
State courts
courts, and courts of last (k)_
were created by state constitutions.
Unit VI
ATTORNEYS IN THE USA
TASK 1. Read the following text.
Growth of the Profession
Today, the number of awyers in the United States exceeds 675,000. This translates to one lawyer for every 364
people. Twenty-five years ago, there was one lawyer for every 70P people. The rate at which the legal profession is
growing will probably continue to outpace rate of population growth through the end of the century.
Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average
salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyer^,
whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars
average salary of physicians. But lawyers' salaries are still substantially greater than those of many other
professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in
1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts.
The glamour of legal practice strengthens the attraction of its financial rewards.
There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services.
Materialism and individualism in American culture encourage dispute. Federalism gives separate legal
28
systems for each state plus the national government. Advertising can now create demand for legal services, too.
Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes
impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the
courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the
government. The expression of group demands in a culture that encourages lawsuits thrusts on the courts all manner
of disputes and interests^ Is it any wonder that America needs all the lawyers it can train?
TASK 2. Find in the text the English equivalents for the words below:
превышать;
премия;
адвокатская практика;
уровень роста населения;
средняя заработная плата;
опытные юристы;
система сдержек и противовесов;
оставить спорные вопросы на рассмотрение суда;
создать спрос на что-либо.
TASK 3. Answer the questions.
1.
Why is the number of lawyers in the US increasing?
2.
What factors create demand for legal services?
TASK 4. Read the text.
US Attorneys
The Justice Department is responsible for faithful execution of the laws under the president's authority. The main
administrators of federal law enforcement are the ninety-four US attorneys, appointed by the president with the
advice and consent of the Senate. Unlike federal judges, these appointees serve at the pleasure of the president and
are expected to relinquish their positions when the reins of government change hands.
There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount
of litigation in the district. US attorneys have considerable discretion, which makes them powerful political figures
in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of
individuals and organizations in the district.
29
US attorneys are political appointees who often harbour political ambitions. Their position commands media
attention and can serve political goals. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the
Southern District of New York (covering a large portion of the New York metropolitan area). Over the next five
years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized
crime figures, and Wall Street inside traders. Giuliani's activities generated reels and reams of favourable press
coverage, he even appeared on a Newsweek cover. This kind of public exposure qan helrj^a US
launch a potential
sucgessful career in elected office, opponentftjmliani's name must make
s a powerful some politicians
TASK 5. Paraphrase the following expressions.
a)
faithful execution of laws;
b)
under somebody's authority;
c)
consent;
d)
appointee;
e)
to relinquish;
f)
amount of litigation;
g)
to prosecute; h) elected office; i) inside traders; j) press coverage;
k) to harbour political ambitions; 1) to launch a career.
TASK 6. Answer the questions.
1.
What is an attorney in the US? How is he appointed?
2.
When does an attorney resign?
3.
What does the number of assistant attorneys in federal judicial districts depend on?
4.
What makes attorneys so important in American communities?
5.
How do attorneys in the US realize their political ambitions?
6.
What example in the text proves that US attorneys harbour political ambitions?
30
TASK 7. Work in pairs. Discuss the difference between the American and British lawyers.
Unit VII LANGUAGE ACTIVITIES
A. Radio Phone-in
1. Have you ever had any legal problems ? Such as
your neighbours' bathroom leaked into your ceiling, and they do not want to pay damages;
you were delayed by a metro accident and missed an important business appointment;
a couple you know intends to divorce but they cannot decide who their favourite pressure-cooker
should belong to;you rent an apartment and pay for 3 months in advance.At the end of the second month your landlady
demands extra fee...
What are the ways to solve these problems?
TASK 2. Read the letters below from a weekly magazine. Choose the right decision to each problem.
A. Annoyed
The other weekend I bought a jacket for my son in a sale. When I got home he said it was too small and refused to
wear it. So I went back the next day and asked them to exchange it for a larger size. Unfortunately they didn't have a
larger size and when I asked for my money back they refused, saying
31
that no refunds wer$ given on sales goods. Are they within their rights to do this?
B.
Worried
Myself and two friends have been renting a house near the college we go to for the last two years. The landlord has
now decided he wants us to leave and has more or less said that we have to be out within the next two weeks. We
have nowhere else to go and with exams coming up shortly we would rather stay where we are. Friends of ours are
saying he can't get us out unless we have signed a contract agreeing to go. Is this right?
C.
Exhausted
I have been living in what used to be a very quiet area for about a year now but in the last few months it has changed
completely - if I had known this would happen I would never have bought my house. Opposite me there is now a
fish and chip shop which fries day and night except for Sunday - the irhell is disgusting and so are all the empty
paper bags all over the street. It doesn't close until after midnight so every night there are people shouting, radios
blaring, car doors slamming - I never seem to get a night's sleep these days and it's beginning to affect my work. Is
there anything I can do about it?
A: 1) They must give you your money back, or a credit note.
2) They are not obliged to do anything. B: 1) He can get you out if he needs the house back for his family.
2) Your friends are right. C: 1) There is nothing you can do except move.
2) If the disturbance happens regularly you can ask a solicitor to to them. Discuss your answers in groups.
TASK 3. Listen to the tape. A legal expert, Charles Andrews is answering the telephone calls. Match the caller with
his or her letter. Put a circle round the appropriate letter below. First caller: ABC Second caller: ABC
TASK 4. The following words and phrases were used in the tape. Guess their meaning and explain them.
rent book;
to keep on sb.;
to get sb. down;
32
to keep pestering;
a court order for possession;
to sue for harassment;
to regain possession of;
a chance of staying put;
a complex issue;
Legal Aid;
to be legally obliged;
faulty;
credit note;
purchase.
TASK 5. Complete the following summaries, using the words listed below each summary.
a) Shops are not legally 1. back or 2.
______^ to give you your money
goods if the items are bought in a 3.____^_ although
most big stores would probably give you a 4.________£________if
you had a 5._________.
receipt; sale; credit note; obliged; exchange
b) Stephen is not 1.________an agreement but he pays 2._____
monthly. The 3.
'____does not live in the house and 4._____no
services. He has to write formally asking them to leave - at least a
5._______ in advance. Unless he wants the house for himself or
6._______ j _______,
Stephen is probably a protected
7.
month ; rent; provides; landlord ; tenant; his family ; signed
TASK 6. Write a letter of reply to "Exhausted", suggesting what she might do. Use expressions like:
if I were you
why don't you
you should
have you thought about
jng?
33
B. Spy Photo Case
LAli YEII: III TO SPESTO A HAY 188 THE 11ОЖ SI»Y |»HOTO CASE COVE.II LAST A WEEK
Di has given a witness statement and the case is expected to last a week.
Anthony Jylius, head of litigation at her solicitors Mishcon de Reya, said it was possible she would give
evidence for up to a day.
Mr. Julius said: "The principle is that people who break confidences shouldn't profit from their bad
behaviour."
Di has refused pleas to settle privately against New Zealander Mr. Taylor, who took the shots with a
hidden camera, and Mirror Group Newspapers which published them.
The Princess wants an order against Mr. Taylor and MGN for profits they made.
Mr. Julius said the profits could top one million pounds - and that the Princess may well decide to give
any money she recovered to charity.
Mr. Taylor's solicitor, Razi Mireskandari, said: "If she doesn't appear I would say her case is much,
weakened."
j
PRINCESS Diana could spend a whole day in the witness box in her battle over peeping-tom photos, her
lawyer confirmed last night.
Di is determined to get public revenge and huge damages over sneakily-taken pictures of her exercising
in a gym in a leotard.
Decide
Next February 13 has already эееп set as the date for the start of ler High Court hearing against Mirror
Group Newspapers and ex-gym boss Згусе Taylor.
/
TASK 1. Find in the text the English equivalents for the words and phrases below.
свидетельское заявление;
подтверждать ;
свидетельская ложа; '*/ / 1 he ! " *
в суде;
>
/ - слушание в Высоком Суде; JVQK
публично отомстить; v
•> ^
тяжба; !
-» ' /^
адвокат;
„,•
/
Jt
оо '
с
34
быть решительно настроенным что-либо сделать;
получить компенсацию за убытки;
вторгаться в частную жизнь;
уладить дело в частном порядке;
благотворительность; V С"4f
давать свидетельские показания;
получать прибыль;
возместить деньги в судебном порядке.
TASK. 2. Explain the meaning of the expression "peeping - torn photos".
TASK 3. Imagine yourself a journalist at a press-conference. Here are the people present:
Princess Di
ex-gym boss Bryce Taylor and photographer
MGN representative
Ask them all sorts of questions.
Revision
TASK 1'. Complete the following sentences with the correct names of courts^,
A.
^
The most common type of Law Court in Great Britain is thfe 1'
(a)^°<^'- court. More serious criminal cases then go to (b)____court.
Civil cases are dealt with in (c)___;__ courts. Appeals are heard by
(d)_t£ \_l
courts. The highest court of appeal in England and Wales is
(e)_'i'r Certain cases may be referred to (f)_____ in Luxembourg.
The legal system also includes (g)__ll__l courts (which deal with
offenders under seventeen) and (h)____(_(_ courts (which investigate violent,
sudden or unnatural deaths). There are also administrative (i)' ч >л •* which deal with professional standards,
disputes between individuals, and disputes between individuals and government departments.
B.
courts.
1.
Most litigation in the US occurs in___
2.
The____Court was created by the Constitution, all other _
courts were created by Congress.
3.
Cases are primarily heard in the courts of_____jurisdiction.
35
4. At the bottom of the system of American courts are the middle there are ' '
courts. In
court. They review cases
5. To appeal means to take a case to a that have been decided in
courts.
TASK 2. Complete the following sentences with the words and phrases from the box, using them in the correct form.
to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence;
at random; solicitor; the dock.
1. If a person in Britain has a legal problem, he will go and see a
^ - ' * In the US, he will go and see a_____. 2. A case of divorce is a
_____. 3. If you want to_____your debts, your case will be heard in the
County Court. 4._____is an expert in the interpretation of law. He is also
an expert on_____ (the art of presenting cases in Court). 5. Coroners who
have medical or legal training j;____violent or unnatural deaths. 6. A jury
consists of twelve jurors who are ordinary people chosen '** 1 ^from the Electoral Register. 7. In a Magistrates'
Court the accused is placed in
. 8. A defence lawyer in court the accused if he
the witnesses. 9. A judge
TASK 3. Give definitions of the following words and expressions.
a) to allege; b) forgery; c) to put on probation; d) witness-box; e) accomplice; f) appeal; g) bankruptcy; h) a gaol; i)
litigation; j) damages.
TASK 4. Complete the following sentences by substituting the words and expressions in brackets for their synonyms.
1.
Th£ president of the US has the right to (refuse the assent of) a bill.
2.
To become a law a bill must not only be adopted in both houses of Parliament, but also get (the
queen's approval).
3.
A bill is first (put forward) in the House of Representatives, then referred to one of the standing
committees which organizes (debates) on it and may (agree on it), (change it) or shelve the draft.
4.
A bill can still become a law only if it is (enacted) by (the greater number of the members) (2/3) in
both houses of Congress.
36
Just for Fun
,\Qt" "t
When asked to explain the difference between an ordinary citizen and a lawyer, a well-known barrister explained,
"If an ordinary citizen gave you an orange, he would say, "I give you this orange." But if a lawyer gave you an
orange, he would say, "I hereby give, grant and convey to you all my interest, right, title and claim of and in this
orange, together with all its rind, skin, juice and pulp, and all right and advantage therein with full power to bite, cut,
suck, or otherwise eat or consume the said orange, or give away or dispose of to any third party the said orange, with
or without its rind, skin, juice and pulp, subject to any amendments subsequently introduced or drawn up to this
agreement."
***
"Have you anything to say for yourself before I pass a sentence?" the judge frowned at the pickpocket. "Just what
good have you ever done for
mankind?"
"Well, Your Honour", ventured the prisoner, "I've helped several
reporters, prison guards and you keep your jobs".
***
A woman visited her family solicitor and said, "I'd like to go over my will again, Mr Jenks. I'm a bit worried
about..."
"Don't you worry about a thing, Mrs Smith", said the solicitor, "just
leave it all to me."
"I suppose I might as well," said Mrs Smith with a sigh. "You'll get it
all in the end!"
***
Visitor: "What terrible crime has this man committed?" Jailer: "He has done nothing. He merely happened to be
passing by when "Gyp the Blood" tried to kill a man, and he is held in prison as a
witness"
V. "And where is "Gyp the Blood"?"
J. "He is out on bail".
***
"I don't want a lawyer to tell me what I cannot do; I hire him to tell me
how to do what I want to do."
J. Priepont Morgan
*** Murphy's Law: If anything can go wrong, it will.
37
Whistler's Law: You never know who's right, but you always know
who's in charge.
***
Oak's principles of law-making:
Law expands in proportion to the resources available for its enforcement.
Bad law is more likely to be supplemented than repealed.
Social legislation cannot repeal physical laws.
***
The rule of law:
If the facts are against you, argue the law.
If the law is against you, argue the facts.
If the facts and the law are against you, yell like hell.
Glossary
accuse (v)(of) - to charge with an offence, crime; to blame. Accuse/! (adj)- a person charged with an offence, the
defendant in a criminal case.
accuser (n)- a person who accuses. Accusation (n)- charge of wrongdoing; allegation. advocate (n) - 1. a person who
defends or supports a cause or proposal 2. a professional pleader before tribunal or court. advocacy (n) - 1. active
support or pleading. 2. the function of an advocate. I/ allege (v)- to assert without proof or before proving.
alleged (adj).
allegation (n) - statement of what one undertakes to prove. amend (v) - see Ch. 11,111.
/appeal (v) - to take a case to a higher court for rehearing and a new decision.
appeal (n) - a legal proceeding by which a case is brought to a higher court for review.
Court of~.
appoint (v) - 1. to fix or name officially. 2. to select for an office or position.
appointment (n).
appointee (n) - a person who is appointed. argue (v) - to consider arguments for and against; discuss. ~ a case.
38
assent (v) - to agree to sth. assent (n) - agreement.
royal ~.
attorney (n) -1. sb. with legal authority to act for another.
2. (US) - lawyer. bankrupt (n) - a financially ruined person whose estate is administered
under the bankruptcy law for the benefit of his /her creditors.
bankruptcy (n) - 1. being bankrupt.
2. utter failure, impoverishment, or destitution. barrister (n)(Br.)-a lawyer who has the right to plead as an advocate
in
an English or Welsh superior court. bench (n) - 1. any of the long seats on which members sit in parliament.
2.
a judge's seat in court.
3.
judges or magistrates hearing a particular case collectively. bill (n) - a formal proposal for a new law.
to defeat a ~.
to introduce a ~.
to pass a ~
Bill of Rights - see Ch. II, III.
branch (n) - ~ of government - a division of an organization of
government (e.g. the legislative, the executive, the judicial).
-of law- a distinct area of law (e.g. civil, criminal, etc.). burglary (n) - see Ch. V. "civil (adj) - relating to private
rights and remedies sought'by civil.
actions (as contrasted with criminal proceedings).
~ action - action brought to enforce, redress or protect
private rights.
~ case - a court case that involves a private dispute arising
from such matters as accidents, contractual obligations and
divorce.
~ rights - powers or privileges guaranteed to individuals and
protected by the constitution.
~ servant - a government officer. commit (n) - ~ a crime - to carry out. consent (n) - compliance in or approval of
what is done or proposed.
consent (v).
consensus (n) - general agreement, unanimity. convict (v) (of) - to find or prove to be guilty.
'convict (n) - a person serving a prison sentence.
-conviction (n). coroner (n) - a public officer whose principal duty is to inquire into
the cause of any unnatural death.
39
~'s court. courtroom (n) - the portion of a courthouse in which the actual
proceedings take place. criminal (adj) - relating to crime or its punishment (as contrasted with
civil).
~ act - commission of a crime.
~ action - an action, suit or cause instituted to punish a criminal.
~ case - a court case involving a crime, or violation of public
order. criminal (n) - a person who has committed (or being convicted of)
a crime.
_cross-examine (v) - see Ch. V. damage(s) (n) - see Ch. V. debate (n) - see Ch. II, III. defend (v) - 1. to maintain
by argument in the face of opposition or
criticism.
2. to act as a legal representative in court.
defence (n) (US defense) - a defending party or group in a court
of law.
~ lawyer, attorney
defendant (n) - a person, company, etc. against whom a criminal
charge or civil claim is made. dispute (v) - to argue, to call into question.
dispute (n) - legal controversy, debate. dock (n) - the prisoner's enclosure in a criminal court. enforce (v) - to put
into execution.
-~a law
enforcement. evidence (n) - see Ch. V. fine (n,v) - see Ch. V. forgery (n) - see Ch. V.
guilt (n) - responsibility for offence.
guilty (adj) (of) 1. having committed a crime, or other breach of
conduct.
2. responsible for a crime or tort or other offence or fault.
to find sb. ~ - to prove sb's guilt in court.
to plead ~ - to admit one's guilt in court (vs. to plead not ~). hearing (n) - a trial in court. innocence (n) - being free
from guilt or sin.
innocent (adj).
introduce (v) -1. to present formally.
2. to announce formally or by an official reading.
,/jur
40
- ~ a bill, a law. investigate (v) - see Ch. V. jail (n) (Br. also gaol) - a prison.
to jail (v). judge (n) - a public official authorized to decide questions brought
before a court.
judge (v) - to act as a judge. jurisdiction (n) (of a court) - the power, right or authority to apply the
law.
original - - the authority of a court to hear a case before any
other court does.
appellate ~ - the authority of a court to hear cases that have
been tried, decided, or reexamined in other courts. juror (n), jury (n) - see Ch. IV. justice (n) - 1 . proper
administration of laws.
2. title given to judges (e.g. the US Supreme Court, appellate
courts).
Justice of the Peace - see Ch. 11 juvenile (adj) (court) - a court with special jurisdiction over
delinquent and dependent young people. kidnap (v) - see Ch. V.- VbOX ^7 u&
(n) - 1 . a rule of conduct formally recognized as binding or
enforced by authority. '
2. the whole body of such rules.
lawful (adj) - allowed by law, legal.
lawsuit (n) - a noncriminal case in a court of law.
lawyer (n) - a person licensed to practice law. legal (adj) - 1. recognized and permitted by law.
-Aid- the system of payments from public funds to those who
cannot afford legal advice or representation. litigate (v) to carry on a lawsuit. к litigation (n) - a lawsuit.
litigant (n) - a person engaged in litigation. magistrate (n) 1 . (Br.) an inferior judicial officer, such as Justice of the
Peace.
2. (US) (since 1 99 1 ) a judicial officer appointed by judges of federal
district courts having many but not all of the powers of the judge
(they may conduct civil or misdemeanour criminal trials). majority (n) - see Ch. II, III. matrimonial (adj) - relating
to marriage. ~ matters %&k \«b£&v <- _ ^7 murder (v,n) - see Ch. V/ Ц051
0
41
offence (n) (US offense) - an illegal act or omission punishable under
criminal law.
offender (n) - a person who has committed an offence. order (n) (court ~) - a written direction of a court or judge
which
determines some point or directs some step in the proceedings. pass (v) (a bill, law) - to enact or to sanction the
adaptation by the
majority of votes.
~ a sentence - to pronounce judicially. petition (n) - a formal written request to a superior.
petition (v).
petitioner (n).
petty (adj) - small, minor, of less or inconsiderable importance.
~ offence - a minor crime, the maximum punishment for which is
generally a fine or a short term in jail.
~ sessions (petty sessional courts) - Magistrates' court, plaintiff (n)-see Ch.IV. plea (n) - 1. an allegation made by a
party in support of his/her
case.
2. an accused person's answer to an indictment. "" plead (n) - 1. To argue a case as an advocate in a court.
2.
to make or answer an allegation in a legal proceeding.
3.
to make a specified plea. (~ guilty/not guilty).
pleading (n) - a formal written allegation made by a party in a legal
action.
preside (v) - to exercise guidance, authority or control over. probation (n) - see Ch. V. ЦбиЬ^ТЦКм5 £L
proceedings (n) - the form and manner of conducting juridical business
in a court.
prosecute (v),prosecution (n),prosecutor (n) - see Ch. IV. punishment (n) - see Ch. V. ^Ц Ь^-УЛ^СиС. reading (n) an act of formally reading of a bill that constitutes any of
the three successive stages of approval by a legislature. recover (v) - to get back, regain possession or use of.
~ debt, money.
reign (v) - to hold office as head of state, although possessing little governing power.
-ing monarch. rob (v) - see Ch.V.
shelve (v) (a draft) - to remove from active service, to put off or aside. shoplifting (n) - see Ch.V. Ц Q{ №& 9
<LU*U ш ^u (\ q К solicitor (n) - a qualified lawyer who advises clients, represents them in
42
the lower courts, and prepares cases for barristers to try in higher courts.
standing committee (n) - a permanent congressional committee that specializes in a particular legislative area.
theft (n) - see Ch. V.2ofc<xx5 «&D
,tiy?v^"S&Ch.IV. tribunal (n) - a court dealing with professional standards, disputes
between individuals and government departments (e.g. over taxation). violence (n) - 1. unjust or unwarranted
exercise of force, usually
accompanied with outrage or fury. 2. force unlawfully exercised against the laws and against public
liberty.
violent (adj) death - death caused by violent, external means, as
distinguished from natural death.
violation (n) - the act of breaching of right, duty or law. veto (n) -the president's disapproval of a bill that has been
passed by
both houses of Congress.
veto (v).
will (n) - a written legal declaration of the manner in which sb. would have his/her property disposed of after his/her
death.
to make a ~
witness (v) - to testify, to act as legal witness.
~ box (Br.); ~ stand (US) - an enclosure in which a witness testifies in court.
witness (n) - a person who testifies to what he has seen, heard or otherwise observed; a person whose declaration or
affirmation under oath is received as evidence for any purpose.
43
Chapter II
Great Britain
Unit I. The System of Government.........................................................43
Unit II. Parliament..................................................................................45
Unit III. A Member of Parliament..........................................................51
Unit IV. Elections...................................................................................54
Unit V. The Royal Family.............................................................„........59
Revision..................................................................................................65
Just for Fun.............................................................................................68
Unit! THE SYSTEM OF GOVERNMENT
TASK L Before reading the text, tell the class what you remember about the system of government in Great Britain.
TASK 2 Read the text.
In theory, the constitution has three branches: Parliament, which makes laws, the government, which "executes"
laws, i.e. puts them into effect, and the law courts, which interpret laws. Although the Queen is officially head of all
three branches, she has little direct power.
Parliament has two parts: the House of Commons and the House of Lords. Members of the House of Commons are
elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. The Prime Minister,
or leader of the Government, is also an MP, usually the leader of the political party with a majority in the House of
Commons.
The Prime Minister is advised by a Cabinet of about twenty other ministers. The Cabinet includes the ministers in
charge of major government departments or ministries. Departments and ministries are run by civil servants, who
are permanent officials. Even if the Government changes after an election, the same civil servants are employed.
44
The House of Lords consists of the Lords Temporal and the Lords Spiritual. The Lords Spiritual are the Archbishops
of York and Canterbury, together with twenty-four senior bishops of the Church of England. The Lords Temporal
consist of hereditary peers who have inherited their titles; life peers who are appointed by the Queen on the advice
of the Government for various services to the nation^ and the Lords of Appeal (Law Lords) who become life peers
on their judicial appointments. The latter serve the House of Lords as the ultimate court of appeal. This appeal court
consists of some nine Law Lords who hold senior judicial office. They are presided over by the Lord Chancellor and
they form a quorum of three to five when they hear appeal cases.
TASK 3. Analyze the chart Give Russian equivalents for the words in bold type. The System of Government
Sovereign
The Queen is head of government,
she makes laws with Parliament
and she is head of the courts
TASK 4. Answer the questions.
1. Which of these people are not elected: a peer, an MP> a civil servant, the Prime Minister?
45
2.
What is the difference between life peers and hereditary peers, Lords Temporal and Lords Spiritual?
3.
What are civil servants?
4.
Which areas of government do these people deal with: the Chancellor of the Exchequer, the Home
Secretary, the Lord Chancellor?
5.
Find two examples of executive organisations outside central government.
TASK 5. Work in pairs and discuss the following questions.
1.
What differences are there between Parliament and the Government?
2.
What are the similarities and differences between the UK parliamentary system and that of your
your own country?
Unit II PARLIAMENT
TASK 1. Complete the following text with the words and expressions from the box.
The House of Commons
Cabinet;*benches; &.
backbenchers;,"
Budget; \ ^
Prime Minister; "r
Speaker ; 6
ministers^; t!front bench
debates; -C^C
Opposition;
Foreign Secretary; О Shadow Cabinet;
Home Secretary; ^Leader of the Opposition;
Chancellor of the Exchequer.
46
47
ЧлД,
This is the House of Commons, where Members of Parliament take their
i
-.!
seats on the green leather (a)^ Г/ ^1 ь according to their party and position. One of them is chusen to be the (b)
}
_ , who acts as a kind of
Т, cliairman of the
which take place in the House. In front of him
•_.._;. The one who deals with financial matters and prepares the
j_______speech on the economic state of the country is called
£,.-..*
Opposite this group sits the (n)________ (the
on his right sit the MPs of the biggest party, which forms the government, and
facing them sit the MPs of the parties who oppose them, the (d) ^ ______.
The leaders of these two groups sit at the front on each side. MPs without special positions in their parties sit behind
their leaders at th,e back. They are called (e).l ^ . •'. *"* <, The leader of the government, the (f)_^_li_i____, sits
on the government (g)J_______, 'of course, next to his or her
(h)________. The most important of these form the (i) Л M> *____. The
minister responsible for relations with other countries is called the (j) '< '*0n".v.f лЗДэе one responsible for law and
security is called the (k)___ nual (Г the (m)i#
main person in the largest party opposing the government) and the (о), ч > * , each member of which specializes in a
particular area of government. ' * ''
TASK 2. Read the text.
Making New Laws: Bills and Acts
The functions of Parliament are: making laws; providing money for the government through taxation; examining
government policy, administration and spending; debating political questions.
Every year Parliament passes about a hundred laws directly, by making Acts of Parliament. Because this can be a
long process, Parliament sometimes passes a very general law and leaves a minister to fill in the details. In this way,
it indirectly passes about 2,000 additional rules and regulations.
No new law can be passed unless it has completed a number of stages in the House of Commons and the House of
Lords. The monarch also has to give a Bill the Royal Assent, which is now just a formality. Since 1707 no sovereign
has refused a Bill. Whilst a law is still going through Parliament it is called a Bill. There are two main types of Bills
- Public Bills which deal with matters of public importance and Private Bills which deal with local matters and
individuals.
Public and Private Bills are passed through Parliament in much the same way. When a Bill is introduced in the
House of Commons, it receives a formal first reading. It is then printed and read a second time, when it is debated
but not
amended. After the second reading the Bill is referred to a committee, either a special committee made up of certain
members of the House, or to the House itself as a committee. Here it is'discussed in detail and amended, if
necessary. The Bill is then presented for a third reading and is debated. If the Bill is passed by the Commons it goes
to the Lords, and provided it is not rejected by them, it goes through the same procedure as in the Commons. After
receiving the Royal Assent the Bill becomes an Act of Parliament. In order to be enforced, it must be published in
Statute form, becoming a part of Statute Law. ,The power of the Lords to reject a Bill has been severely curtailed. A
money Bill must be passed by the Lords without amendment within a month of being presented in the House. The
Act of 1949 provides that any Public Bill passed by the Commons in two successive parliamentary sessions and
rejected both times by the Lords, may be presented for the Royal Assent, even though it has not been passed by the
Lords. The Lords, therefore, can only delay the passage of a Public Bill, they cannot reject it.
TASK 3. Find in the text the English equivalents for the following expressions.
абсолютное большинство;
отклонить законопроект;
выдвинуть законопроект;
налогообложение;
внести поправку в законопроект;
обсуждать политические вопросы; / - королевская санкция;
* - ассигновать деньги для нужд правительства;
принять закон;
обсуждать законопроект;
подробно обсудить;
направить законопроект на рассмотрение;
отложить принятие законопроекта.
TASK 4. Explain the meanings of the folio-wing expressions from the text.
' Statute Law;
to be published in Statute form;
to receive a formal reading;
to enforce an Act of Parliament;
to be severely curtailed;
a money Bill.
48
TASK 5. Analyze the chart. Give Russian equivalents for the words in bold type. How Bills Go through Parliament
f First Reading \
Publication is
announced Second Reading General debate on
principles
Committee Stage
Detailed discussion
in committee
Report Stage
Committee reports to
the House Third Reading Formal review of contents of the Bill .
/^ If the Bill has Л^ been introduced in the
Commons, it is then reviewed in the Lords Some Bills start in the
Lords and then go to the Commons
The Lords have less
formal methods of
debating Bills They
can delay but not stop
v
a Bill
i
f The Bill is ^
signed by the Queen and becomes
law
The Royal Assent
is still read out in
Parliament in
Norman-French
\,"La reyne le veult'V
TASK 6. Answer the questions.
1.
What is the difference between a Bill and an Act of Parliament?
2.
What are the two types of Bills? Discuss the difference between them.
3.
How many readings should a Bill receive to become an Act?
4.
What is the role of the House of Lords in law-making process?
5.
Which of the two Houses of Parliament has more power?
6.
How does a Bill go through Parliament? How efficient and democratic is this process, in your opinion?
TASK 7. Read the text.
The Executive
The executive can be divided into the three parts.
The Privy Council: The Privy Council developed from a small group of royal advisers at court into the chief source
of executive authority. But its position was weakened in the eighteenth and nineteenth centuries as more of its
functions were transferred to a developing parliamentary Cabinet.
49
Today its main role is to advise the monarch on a range of matters, like the resolution of constitutional issues and the
approval of Orders in Council, such as the granting of Royal Charters to public bodies. The most important task of
the Privy Council today is performed by its Judicial Committee. This serves as the final court of appeal from those
dependencies and Commonwealth countries which have retained this avenue of appeal. It may also be used as an
arbiter for a wide range of courts and committees in Britain and overseas, and its rulings can be influential.
The office of Privy Councillor is an honorary one, conferred, for example, on former Prime Ministers.
The Ministry: The Ministry is the government of the moment. The head of the Ministry is the Prime Minister. The
functions of the Prime Minister are: leading the majority party; running the Government; appointing Cabinet
Ministers and other ministers; representing the nation in political matters.
Upon accepting office the Prime Minister must form a government, that is, select a cabinet and ministry from among
the Members of Parliament of his own party. The Cabinet constitutes the centre of the government and is composed
of about 20 of the most important ministers. All major decisions of the Government are made by the Cabinet, and
therefore it is the Cabinet which forms Government policy. Decisions made by the Cabinet must be unanimous, i It
makes its decisions collectively and is collectively responsible to Parliament.
After the Prime Minister has formed his cabinet, he selects the rest of his ministry. Most of these ministers are the
political heads of Government Departments and are members of one of the Houses.
Government Departments: Government departments are responsible for implementing Government policy. Each
department is headed by two people: a political head who is usually the minister, and an administrative head from
the Civil Service, called a permanent secretary. They are responsible for a permanent staff which is part of the Civil
Service. There are many such departments, for example the Home Office, the Department of Education, the Ministry
of Defence, etc. The most important department is the Treasury, and the Prime Minister is usually its political head.
It is the Department which controls the economy of the nation.
As well as government departments there are government agencies formed to operate public services, e.g., the Post
Office, British Rail, etc. Most of these agencies are subject to the control of one of the government departments.
V
TASK 8. Give Russian equivalents for the following words and expressions.
The Privy Council;
Royal Charters;
Commonwealth;
4-6858
50
The Ministry;
Government Departments;
Civil Service;
The Home (Foreign) Office;
The Treasury.
*TASK 9. Find in the text the English equivalents for the following expressions.
вступать в должность;
сформировать правительство;
круг вопросов;
почетная должность;
единогласное решение;
осуществлять политику правительства;
подлежать контролю. 4
TASK 10. Answer the questions.
1 . What are the functions of:
a)
Parliament;
b)
the Prime Minister;
c)
the Privy Council;
d)
the Cabinet;
e)
the Government Departments?
2.
Who does the Cabinet consist of?
3.
What is "collective responsibility"?
4.
Who is each department headed by? What are their functions?
5.
What is a government agency?
TASK 11. Work in pairs and discuss the following questions.
1 . What is the difference between the Constitutions of the United Kingdom and the United States? 2. If the Prime
Minister wants to introduce a new law, what are the functions of the following: the Cabinet; the House of Commons;
the House of Lords; the Queen? 3. What are the features of the British Constitution which you consider important?
Compare them with the Constitution of your own country.
TASK 12. Write a description of the constitutional system of your own country, using the texts above as a model.
51
Unit Ml A MEMBER OF PARLIAMENT
TASK I. Do you know? Work т groups and give answers to the following questions.
1.
What are the main political parties in Great Britain? What is the difference between them?
2.
What kind of people do you think might stand for Parliament in Great Britain?
TASK 2. Read the text.
Members of Parliament in Great Britain
Each Member of Parliament (MP) represents one of 650 constituencies in the UK. British elections are usually
fought between political parties, not individuals. Therefore, people who want to be elected to Parliament need to be
\nominated by one of the main political parties.
There is nothing to stop unconventional candidates from standing for election, however. A candidate has only to put
down a deposit of 500 pounds and collect ten signatures from residents in the constituency where he wants to stand.
A candidate who gets less than 5 per cent of the total votes loses his deposit. For somebody who is standing for
election for publicity purposes, this is a small price to pay.
Although MPs will support a particular party, they are not controlled by that political party and theoretically do not
have to vote with their party in Parliament. MPs represent everyone in the constituency, not just the people who
voted for them.
A lot of MPs' work has nothing to do with voting in Parliament. There are hundreds of things MPs have to deal with
in the day-to-day business of constituency life, such as housing or health care. MPs are there to help people and to
try to make sure their rights under the law are not violated.
Some MPs hold an advice bureau in their constituencies, where people can go for advice. Anyone who feels that he
has been unfairly treated by the central government can complain to their local MP who will do his best to see that
the problem is solved.
Members of Parliament have been paid salaries since 1911. The rate has lately been nearly twice the average
industrial worker's wages. Since 1965 the allowances for travel, living in London, and paying part-time secretaries
and research assistants, have all been increased. Still many MPs insist that they
52
need to have outside earnings, through journalism, work in the law courts or business, to enable them to live up to
the standard they expect.
TASK 3 Find in the text the English equvalents for the following phrases.
обращаться за советом; f"'"
баллотироваться в своем избирательном округе; ^
нарушать права;
выдвинуть свою кандидатуру от партии;
собирать подписи; •
N
сf'
участвовать в избирательной кампании в рекламных целях;
средняя зарплата рабочего;
-\с {
несправедливо обойтись с кем-либо. \ ( ,
,
TASK 4. Complete the following text with the words and expressions from the box, using them in the appropriate
form.
A.
M»y.iiv '. --- prominent;
local councils; minority^1
•—
proportion(3);
to appeal.
M
to appoint;
to elect(2);
Some people suppose that there are few women and members of the
ethnic (a)_______in Parliament. In 1979, Margaret Thatcher became the
first woman Prime Minister, yet she never (b) >> _ ^ a woman to her
Cabinet, and until 1983 the (c), / I "* of women (d)_______to the
House of Commons was under 5% In the election in 1992, 59 women (e)^i__L__ to the House of Commons. This
total is still below the (f)_______in other European countries.
Although the Conservatives choose few women as their candidates for the House of Commons' seats, women are
very active in the affairs of the party
as a whole. The Labourists have also tried to (g)_______to women voters
by giving women (h)_______ positions. In all parties, a higher
(i)_______ of women is elected to (j)_
than the House of
Commons. B.
constituency; private sector; opposition;
inflation;
manifesto;
unemployment; general election.
1)
The United Kingdom is divided into 650 parliamentary
2)
A_____ takes place every four or five years.
53
3) Before an election, each party prepares a their policies.
which outlines
the >
4) An important Conservative policy was the rerurn of state industries to
5)
During the period of Conservative government,____
4% for the first time in nearly thirty years.
6)
However,__
continued to be unacceptably high.
fell to
official
7) While the Conservatives were in power, Labour formed the
TASK 5. Answer the questions.
1.
Who can stand for elections in Great Britain?
2.
What does the job of an MP consist of? Is it a job you would like to do?
3.
Who does an MP represent?
4.
Is the job of an MP a well-paid one?
5.
Are there many women in Parliament in Great Britain? Can you compare this proportion to the
proportion of women in the legislative body in your country?
TASK 6 Before listening to the tape read the following information and answer the question.
Diane Abbot is a member of Parliament for Hackney in North London. On the tape she describes life in the House of
Commons. She is going to make a complaint about her job. In pairs, decide what you think is the most likely and the
least likely complaint from the list.
She isn't paid enough;
She doesn't have any free time;
She hasn't got a desk or a telephone;
Her office is too small;
There is too much work to do.
TASK 7 Listen to the tape and see if you were right in your answers to the questions in Task 6 Answer the questions
1.
What is Diane Abbot's background?
2.
What was one of her earliest ambitions?
3.
How long had Ms. Abbot been an MP when the interview took place?
4.
What four things does she dislike about her job?
5.
What is unusual about her being an MP?
54
6.
What three influences does Diane give for her interest in politics?
7.
What three things does she like about her job?
8.
When is she going to get her missing office equipment?
9.
What two thing^ are noticeable about her fellow MPs*7
TASK 8. Explain the meanings of the folio-wing words and expressions used in the interview.
to listen avidly;
an underclass of British society;
to be exposed to unfairness and injustice;
an amateur place;
a "clubby" atmosphere;
backbiting;
to get fed up with;
a male-dominated place.
TASK 9. Work in pairs and discuss the following questions.
1.
What is the equivalent of MPs in your country?
2.
What does their work involve? List their responsibilities and write a short paragraph describing their
work.
Unit IV ELECTIONS
TASK 1. Complete the following text with the words and expressions from the box.
election campaign; support; polling day;
ballot box;
vote; predict;
opinion poll; polling station; candidate.
People sometimes try to (a)
______the result of an election
weeks before it takes place. Several hundred people are asked which party they prefer, and their answers are used to
guess the result of the coming election.
This is called an (b)_________. Meanwhile each party conducts its
(c)__________ with meetings, speeches, television commercials, and
party members going from door to door encouraging people to
55
(d).
(e)
called a (f)
(g)_____"
Jheir party. In Britain everyone over 18 is eligible to
__• The place where people go to vote in an election is
and the day of the election is often known as
and later they are counted. The (i) declared the winner.
TASK 2. Read the text.
. The voters put their votes in a (h)
with the most votes is then
The Election Timetable
The British government is elected for up to five years, unless it is defeated in Parliament on a major issue. The
Prime Minister chooses the date of the next General Election, but does not have to wait until the end of the five
years. A time is chosen which will give as much advantage as possible to the political party in power. Other
politicians and the newspapers try very hard to guess which date the Prime Minister will choose.
About a month before the election the Prime Minister meets a small group of close advisers to discuss the date
which would best suit the party.
The date is announced to the Cabinet. The Prune Minister formally asks the Sovereign to dissolve Parliament.
Once Parliament is dissolved, all MPs are unemployed, but government officers continue to function.
Party manifestos are published and campaigning begins throughout the country, lasting for about three weeks with
large-scale press, radio and television coverage.
Voting takes place on Polling Day (usually a Thursday). The results from each constituency are announced as soon
as the votes have been counted, usually the same night. The national result is known by the next morning at the
latest.
As soon as it is clear that one party has a majority of seats in the House of Commons, its leader is formally invited
by the Sovereign to form a government.
TASK 3. Find in the text the English equivalents for the phrases below.
избирательный округ;
правящая партия;
вопрос первостепенной важности;
дать кому-либо преимущество;
сформировать правительство;
широкое освещение предвыборной кампании в прессе;
56
объявить дату выборов;
объявить результаты выборов;
иметь большинство мест в палате общин;
распустить парламент;
подсчитывать голоса;
потерпеть поражение в парламенте.
TASK 4 Read the text.
Political Parties
The main parties in the UK are the Conservative party (right wing), the Labour party (left wing) and the Liberal
Democrats (centre).
The Conservative party goes back to the Tories, or Royalists, who originated in King Charles' reign (1660-1685).
The Tories were the party that supported Church and King; the other main party at the time were the Whigs, who
were a group eager for political reform. The Tory party gave way to its successor, the Conservative party, in around
1830.
The Conservative party believes in free enterprise and the importance of a capitalist economy, with private
ownership preferred to state control.
In 1899 the Trade Union Congress summoned a special conference of trade unions and socialist bodies to make
plans to represent labour in Parliament. The proposal for such a meeting had come from Thomas Steels, a member
of the Independent Labour Party which had been formed in 1893. The conference met in February 1900 in London
and has always been looked on as the foundation of the Labour Party. The Labour party believes that private
ownership and enterprise should be allowed to flourish, but not at the expense of their traditional support of the
public services.
There has been a Liberal party in Great Britain since 1868 when the name was adopted by the Whig party. The
Whig party was created after the revolution of 1688 and aimed to subordinate the power of the Crown to that of
Parliament and the upper classes. In 1981 a second centre party was created by 24 Labour MPs. It was called the
Social Democratic party, and soon formed an alliance with the Liberal party. They formed a single party which
became the Liberal Democrats after the 1987 election.
The Liberal Democrats believe that the state should have some control over the economy, but that there should be
individual ownership.
There are other political parties within the UK. The Green party offers economic and industrial policies that relate
directly to the environment. The Scottish Nationalist Party wants independence for Scotland within the European
Community. Plaid Cymru - the Welsh Nationalist Party - is determined to preserve the Welsh language and culture
as the foundation of a distinctive
57
Welsh identity within the UK. Its radical wing has resorted to arson attempts as a means of protest.
TASK 5. Explain the meanings of the folio-wing words and expressions.
free enterprise;
to flourish;
at the expense of;
to subordinate;
environment.
TASK 6. Answer the questions.
1.
What are the origins of the main political parties in Great Britain?
2.
What political priorities do the main political parties in Britain have?
TASK 7. Work in pairs and compare the major (the minor) political parties in Britain to those in your own country.
TASK 8. Read the text. Choose the statement that you like most and develop the idea.
The 1987 General Election
From the Conservative Party From the Labour Party Manifesto Manifesto
The National Health Service: "Because we have created a sound economy, we are in a position to spend more than
ever before on the National Health Service." Defence: "We will keep the nuclear deterrent and invest in a new
nuclear system with Trident." Unemployment: "As long as we continue with our successful policies for a sound
economy and more training schemes, unemployment will fall to acceptable levels."
The National Health Service: "We will spend more money on the NHS and recruit more staff.
Defence: "We will ban all nuclear weapons on British soil."
Unemployment: "We will increase expenditure on civil works, more training schemes and more jobs in the state
sector, creating a million jobs in the next two years."
58
Taxation: "We will raise taxes to fund our plans for reducing unemployment." Education: "We will spend more on
equipment and reduce class sizes. Teachers will regain the right to strike."
Taxation: "We wttl continue to cut
taxes."
Education: "We will set a basic
syllabus with new examinations and
tests to ensure that our children are
learning."
Priorities: "The most important
problem facing the next government
of Britain is to ensure the continued
growth of the economy."
TASK 9. Answer the questions.
1.
In 1987 which of the biggest British political parties supported the following policies?
a)
a ban on nuclear weapons;
b)
cuts in taxation;
c)
a basic national education syllabus;
d)
more jobs in the state sector;
e)
an increase in taxation.
2.
How is the date of a British general election decided?
TASK 10. Work in pairs and discuss the following question.
If you were a British voter, which party do you think you would vote for and why?
TASK 1. Read the texts.
59
UnitV THE ROYAL FAMILY
The Sovereign
"Her Most Excellent Majesty Elizabeth the Second by the Grace of God, of the United Kingdom of Great Britain
and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the
Faith."
/The Queen is the official Head of State and, for many people, a symbol of the unity of the nation. For a thousand
years England (and later the whole of the United Kingdom) has been united under one sovereign, a continuity
broken only after the Civil War, by the republic of 1649 to 1660. The hereditary principle still operates and the
Crown is passed on to the sovereign's eldest son (or daughter if there are no sons).
The Queen has a central role in state affairs, not only through her ceremonial functions, such as opening Parliament,
but also because she meets the Prime Minister every week and receives^copies of all Cabinet papers.
KI
However, she is 'expected to be impartial or
"above politics", and any advice she may offer the Prime Minister is kept secret.
Functions of the Sovereign:
opening and closing Parliament;
approving the appointment of the Prime Minister;
giving her Royal Assent to bills;
giving honours such as peerages, knighthoods and medals;
Head of the Commonwealth;
Head of the Church of England;
Commander-in-Chief of the armed forces.
60
The Royal Family
v
) С1
С *"
Many members of the Royal Family'undertake official duties in Britain ana abroad. Their various responsibilities
reflect tradition, their own personal interests and Britain's former imperial status. For example, among her many
titles the Princess Royal (Princess Anne) is Chancellor of the University of London, Colonel-in-Chief of eleven
Army regiments, including the 8th Canadian Hussars and the Royal New Zealand Nursing Corps, and President of
the Save the Children Fund, for whom she has travelled widely.
The Royal Family's money comes from two sources government funds and their own personal wealth, which is
considerable. On the one hand the Queen is certainly one of the richest women in the world, while on the other her
power is limited by the fact that so many of her expenses are paid for by government money. Parliament has had
effective control of the monarch's finances since the seventeenth century.
TASK 2. Look at the chart
The Royal Family
Numbers show order of succession to the Crown
1
1
The
Pnnce
Princes
Queen
Princes
Prince
s
Charle
s
Diana
The
The
Prmte Г Princes
of
s
of
Wales
Wales
1
Philip
The
Duke
of
Edinbu
rgh
Princes
s
Anne
The
princes Г
s
Royal
X
s
Margar
et
11
Captai
n
Mark
Philips
Prince
Sar^h
Andre
w
Т he
Duches
Duke Г s of
of
York
York
4
1
Princes
Zara
s
Beatric
Philips
e
10
5
Prince
Edwar
d
|
Princes
s
Eugeni
e
6
Prince
Prince
Peter
Willia
m
Henry
Philips
2
3
9
TASK 3. Answer the questions
1.
What powers does the Queen have in government?
2.
Who is next in line to the British crown after Prince Charles?
61
3.
How can Parliament control the Royal Family?
4.
What connections can you find between the Royal Family and the world outside Britain?
5.
Which member of the Royal Family has the highest number of public engagements?
TASK 4 Read the text.
The Queen is really a figurehead representing the country, but she has the power to prevent any politician from
establishing a dictatorship. The Queen and her family are a symbol that people can identify with. The British public
is obsessed with the details of the royal family life, and when people feel that the Queen has problems with her
children, or her sister, they see her as a "real person" with the same worries and anxieties as themselves.
The monarchy has not always been popular. During the late 19th century there was a growing republican sentiment,
but the personality and family image of the Queen, her father and grandfather have removed that feeling. The Queen
is probably the wealthiest woman in the world, most of the money coming from family investments rather than the
state. Her state salary (the Civil List) pays for her servants and transport. In recent years the Queen has become a
roving ambassador for Britain, and if we calculate the increase in trade after a royal visit abroad, the nation probably
makes a profit from her activities, and that does not take into account the income from tourism in Britain generated
by the monarchy and great state events such as royal weddings.
Just how popular is she? In the late 1980s a newspaper conducted an opinion poll. People were asked, "If there were
no monarchy, who would you vote for as President?" More than 80 per cent chose the Queen. Prince Charles came
second, closely followed by his father, Prince Philip. The prime minister of the day was the fourth - with 2 per cent
of the votes.
TASK 5 Explain the meanings of the following words and expressions.
a figurehead;
obsessed with;
a growing republican sentiment;
a roving ambassador;
an opinion poll.
TASK 6 Listen to the interview and then read the tapescnpt
When it comes to selling newspapers, nothing increases the circulation figures more than a right royal scandal.
There's no doubt about it. The British public are
62
fascinated by their figureheads. In fact, most people seem to feel quite strongly about the royal family, one way or
another.
I spoke to Patrick Orman Ward from England and Jean O'Sullivan from Ireland about their feelings for the British
monarchy. First, I asked Patrick if the royal family was important to him.
Interview
It's not important to me, personally, but I think it's important to the social structure of British society. And I think it's
important also to the political structure of British society.
Why? They're apolitical, it's a hereditary institution, in what way is it important to the political structure?
Exactly. It's hereditary, OK, but it's, you say apolitical but in fact not apolitical. The British constitution is a very
difficult constitution, because it doesn't exist. It exists by, through history, basically, through acquired points of
reference, through acquired gentlemen's agreements, if you like. What is important about the royal family is that it's
a figurehead, and, like other figurehead institutions, it performs a useful socio-political role.
But isn't it much better to have somebody elected which comes from the people, than somebody who simply inherits
the title who could and has often been in English history somebody of dubious ancestry who is half-mad and who is
not even English anyway?
Half-mad, yes, often; not even English, absolutely. I don't think that's important, in absolute terms. When, you
know...let's face it - not English? What is English? I call myself an Englishman and I'm a quarter Dutch. The English
Royal Family,after all, have German origins, yes, but they've been in England for, for, for five generations. Anybody
who can count back five generations and be completely English is indeed very unusual and rare.
Its important function, its important role, is to, is to represent the state. And symbolically. To say that it, perhaps it's
better to have somebody elected from the people, yes, but it's not part of British social tradition.
But the quality of the people produced, I mean, maybe we're lucky, maybe Prince Charles is going to be a wonderful
king, but somewhere it's described that it's a very, the royal family is a very average, middle-class family, doing a
boring job very well. Would you agree with that definition?
Yes, insofar as I think they are average in their talents, I think they are middle class in their aspirations, in their, in
their tastes, let's say, doing a difficult job very well, yes, I think so, too. I, personally, would not like to do that job.
And Jean, would you like to do the job of a member of the royal family?
63
I certainly wouldn't mind being the Queen. She is the single largest landowner in all of Britain. And they have vast
wealth, they own great estates, and at the same time they manage to take a goodly slice of the taxpayer's money.
And I don't think that the expense is justified in keeping this family up just for show.
Their role to me is very mystifying; I can't understand why people want to read about Diana going to discos and
Fergie taking flying lessons, and yet they seem to have this fascination for the British general public.
Why? Now, why is this? Why, why are people so fascinated by images of the royal family in the press?
I'll tell you my theory about the royal family. I think they are there to distract people from the social ills of presentday Britain. I think that when the unemployment level climbs to an unacceptable figure, the royal family will do
something to distract. The Queen will abdicate; something will be done. There'll be a wedding; there'll be another
baby. There's always something to keep the proletariat happy.
TASK 7. Answer the questions.
Obviously Patrick and Jean have very different opinions about the British royal family. How much did you
understand of what they said?
Patrick said:
What is important about the royal family is that it's a figurehead.
Did he mean:
a sign? a symbol?
And now see what Jean said:
I certainly wouldn't mind being the Queen. She is the single largest landowner in all of Britain. And they have vast
wealth, they own great estates, and at the same time they manage to take a goodly...of the taxpayers' money.
What word is used to describe the royal family's share of the taxpayers'
money:
a slice?
a portion? If you have great estates, do you have:
a lot of land?
a lot of businesses? And if you have vast wealth, do you have:
a lot of money?
a lot of free time?
64
Now see what Jean said:
I don't think that the expense is justified in keeping this family up just fo£
show.
Does "for show " mean: to entertain?
for appearances, to make an impression? Does "justified" mean: explained? proved to be right?
TASK 8. Find in the tapescript the English equivalents for the words and expressions below.
тираж;
наследственный;
сомнительное происхождение;
посредственный;
стремления;
деньги налогоплательщиков;
пороки общества;
поколение;
выбранный из народа;
расходы;
отрекаться от престола.
TASK 9. Answer the questions.
\. Why does any information published about the royal family increase the circulation figures?
2.
What makes the Britishers feel so strongly about the royal family?
3.
How can you explain the fact that their opinions tend to be quite opposite? What social groups
tend to favour the Queen and the royal family? Why?
TASK 10. A. List four countries which have monarchies.
B. Which of these adjectives do you associate with the British monarch •
ostentatious; greedy; modest; vulgar; hard-working; lazy; wealthy; dignified; popular.
65
TASK II. Listen to the tape. In this tape the speaker tells us avout his attitudes to the British monarchy.
TASK 12. Answer the questions
1.
Does the speaker approve:
a)
of the British monarchy?
b)
of monarchies in general?
2.
How does he compare monarchs and presidents?
3.
Which monarchies does he praise? Why?
4.
Does he feel sorry for the British Royal Family?
5.
How does he compare monarchs and "soap operas" (popular television dramas)?
6.
Which of the adjectives in TASK 10 does he associate with the British monarchy? Is your own list
different?
TASK 13. Listen again and complete the quotations from the tape.
a)
I used to............royal families in general.
b)
I think now I...............the idea of a royal family.
c)
I...............them personally, if you like.
d)
I think I would...............a monarchy of the sort you find in
other countries in Northern Europe.
TASK 14. Answer the questions.
1.
What do you see as the advantages and disadvantages of having a monarchy?
2.
Would you exchange lives with a member of the British Royal Family? Why (Why not)? If
so, which member would you swoop with?
Revision
TASK 1. Explain the meanings of these expressions from the unit. Make one sentence from each set of words, using
them in any order, to describe the British system.
a) MPs election ; House of Commons,
b) Prime Minister; ministers Cabinet.
c) majority ; d) bill House of Lords;
;
Royal Assent;
hereditary. Act of Parliament.
5-6858
66
TASK 2. Turn the following nouns into adjectives.
constitution administration
ceremony empire
politics royalty
TASK 3. Complete the following text with the words and expressions from the box and translate them into Russian
cabinet;
alliance; coalition; majority;
right-wing;
prime minister; split; left-wing;
opposition;
one-party states.
In most countries, except (a) political parties. The one with the (b)
____, there are several different
____of seats normally forms the
government, and the parties which are against the government are called
(c)_______. Sometimes no single party wins enough seats, and several
parties must combine together in a (d)_______to form a government. The
principal ministers in the government from a group are called the
(e)_______. The leader of this group, and of the government, is the
(f)________. Of course, there are many different kinds of parties and
governments. A socialist or communist party is often described as
. A conservative party on the other hand, is usually said to be . Political situations are always changing. Sometimes
in a party
(g)____
00____
or between two parties there is a big argument or deep difference of opinion.
This is called a (i)_________. When, on the other hand, two parties work
together, this is sometimes called an (j)________.
TASK 4 Explain the difference between
(a)
pro- and anti(b)
an election and a referendum
TASK 5. Complete the following sentences with the words from the box.
with;
for;
against;
in;
between
(a)
I voted________
(b)
Put your voting papers
the Liberal candidate.
________the ballot box.
the socialists.
(c)
He's very right-wing, so he's_____
(d)
She belongs________the Communist Party.
(e)
The Liberals formed an alliance________the Social Democrats.
(f)
There's a split
(g)
There's a split
the two parties. _the party.
67
TASK 6. Complete the following text with the words and expressions from the box.
proportional representation; Member of Parliament; call an election; House of Commons; stand for election; General
Election;
polling day; canvassing; secret ballot; constituents; constituencies; polling stations
by-election; eligible; campaigns; turn-out.
Middleford. Election Result. No. of registered voters: 100,000
Mr G. Smith (Labour) Mrs R. Green (Conservative) Miss L. Jones (Independent) Mr W. Woods (Communist)
30,000 votes 25,000 votes 10,000 votes 5,000 votes
A (a)______has just taken place all over the United Kingdom. These
must take place every five years unless the Prime Minister decides to
(b)_______earlier. Above is the result in Middleford, one of the
approximately 650 (c)_______into which the country is divided for this
purpose. (d)________was last Thursday, when the election
(e)_______and door-to-door (f)_______stopped and the people of
Middleford went to the (g)_______to make their choice, in a
(h).
(i)
0).
(k).
(1)
____________
---- —-" «•Aivyxuv, in a
_, from the four candidates (anyone over the age of 21 can
__. Voting is not compulsory and the number of people
to vote in Middleford (everyone over 18) was 100,000, so the
was 70 per cent. Now Mr Smith will become the
_____for Middleford, which means he will represent the people of
Middleford in the (m)________in London. If he should die or be forced to
give up his seat, the people of Middleford will have to vote again, in a
(n)______to replace him. It is a very simple system and Mr Smith will try
to represent all his (o)_______fairly, whether they voted for him or not.
However, the fact remains that most voters in Middleford voted for candidates (and parties) other than Mr. Smith,
and their votes are now lost. It is seats which are important in Parliament, not votes, and it is easy to see why smaller
parties
would like a system of (p)_______, in which the number of votes they won
was reflected in the number of seats they received in Parliament.
68
Just for Fun
Here are some more facts about the Queen and her family.
The Queen meets thousands of people every year. She has to shake hands with each of them, and she has to find
something interesting to say. If you meet the Queen you should call her "Your Majesty", then "Ma'am". The other
Princes and Princesses are "Your Highness", then "Sir" or "Madam". When she wants to end a conversation, she
takes a half step backwards, smiling broadly, then moves on.
Here are some favourite royal conversation starters.
1.
"How long have you been waiting?" (The Queen).
2.
"What exactly are you doing?" (Prince Charles).
3.
"How long have you been working here?" (Princess Anne).
4.
"Keep you busy, do they?" (Prince Charles).
5.
"What's your job?" (Prince Philip).
At the reply: "I'm a postman," he will say "Oh, you're a postman, are you?"
6.
"Where have you come from?" (The Queen).
7.
"Pay you enough, do they?" (Prince Charles).
8.
"Have you done this sort of thing before?" (Princess Anne).
How would you start a conversation with Her Majesty?
Ten things the Queen could do by using the royal prerogative
1.
Dismiss the Government.
2.
Declare war.
3.
Disband the Army.
4.
Sell all the ships in the Navy.
5.
Dismiss the Civil Service.
6.
Give territory away to a foreign power.
7.
Make everyone a peer.
8.
Declare a State of Emergency.
9.
Pardon all offenders.
10.
Create universities in every parish in the United Kingdom.
Eleven things the Queen takes on journeys
1.
Her feather pillows.
2.
Her hot water bottle.
3.
Her favourite China tea.
4.
Cases of Malvern water.
5.
Barley sugar.
6.
Cameras.
7.
Her monogrammed electric kettle.
8.
Her toilet soap.
9.
A special white kid lavatory seat.
10.
Jewellery associated with the countries she is visiting.
11.
Mourning clothes and black-edged writing paper in case of bereavements.
The Queen's particular likes
1.
Horse racing ("Were it not for my Archbishop of Canterbury, I should be off in my plane to
Longchamps every Sunday").
2.
Scottish country dancing.
3.
Jigsaw puzzles.
4.
Long-stemmed, deep-pink carnations.
5.
Champagne.
6.
Deerstalking.
7.
Quiet evenings at home watching television with her supper on a tray.
8.
Crossword puzzles.
9.
Bright red dresses.
10.
The Beatles film "Yellow Submarine".
11.
Sandringham.
Dislikes of the Queen
l.Ivy.
2.
Snails ("How can you like those beastly things?" she asked Prince Philip).
3.
Tennis, including Wimbledon.
4.
Milk pudding.
5.
The cold.
6.
Grouse.
7.
Any talk of Edward VIII.
8.
Charles Dickens.
9.
Dictating letters.
11.
Cigar smoke.
'
12.
Sailing.
70
13. Listening to aft^r-dinner speeches^,* Find these т the lists above.
1.
The name of a famous French horse-racing track.
2.
The name of the Queen's country house in Norfolk.
3.
The title of the head of the Church of England.
4.
The name of the sport of hunting deer.
5.
A green plant which grows on the outside walls of houses.
6.
A bird which is shot, and eaten, mainly in Scotland.
7.
The name of the Queen's uncle, who gave up the throne to marry a divorced American woman.
8.
The name of a famous nineteenth-century British writer.
9.
The name of the first stone in a new building.
71
Chapter ill
The Usa
Unit I. The Constitution........................................................„................71
Unit II. The System of Government.......................................................75
Unit III. The System of Checks and Balances..........................*..............85
Unit IV. American Federalism...............................................................87
UnitV. Elections.....................................................................................90
Unit VI. Language Activities. Glimpses of American History..............94
Revision..................................................................................................96
Glossary to chapters II and III................................................................97
Unit I THE CONSTITUTION
TASK 1. Before reading the texts, tell the class what you remember about the system of government and the
Constitution of the USA.
TASK 2. Read the text.
"Americans are a nation born of an idea; not the place, but the idea, created the United States Government."
(Theodore H. White)
A New Nation
In 1776, the thirteen weak British colonies in America came together, stood up, and told what was then the world's
greatest power that from now on they would be free and independent states. The British were neither impressed nor
amused, and a bitter six-year war followed, the Revolutionary War (1776-83). It's hard to appreciate today, over two
centuries later, what a revolutionary act this was. A new republic was founded, turning into reality the dreams and
ideals of a few political philosophers. Americans broke with an age-old tradition, and so sent shock waves back
across the ocean: they decided that it
72
was their right to choose their own form of government. At that time, the statement that governments should receive
their powers only "from the consent of the governed" was radical indeed. Something new was under the sun: a sv
stern of government, in Lincoln's words, "of the people, by the people, for the people".
TASK 3. Do you know? Work in groups, and try to give answers to the following questions about the beginning of
the US history.
1.
When was America discovered?
2.
Who were the original inhabitants of the American continent?
3.
When did the first settlers from England arrive in America? What was the name of their
ship?
4.
Who were these people? Why do you think they left their homes for an unknown land?
5.
What was the first state of the US?
6.
What is the oldest big city in the US?
7.
What was the first name of New York?
8.
What is the name of the region where the oldest American states are situated?
9.
Have you ever heard of the "Boston tea party"? What is it?
10.
Why is America often called a "melting pot"?
TASK 4. Read the text.
The Constitution and the Bill of Rights
The former colonies, now "the United States of America", first operated under an agreement called the Articles of
Confederation (1781). It was soon clear that this loose agreement among the states was not working well. The
central, federal government \\as too weak, with too few powers for defence, trade, and taxation In 1787, therefore,
delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more than that.
They wrote a completely new document, the Constitution, which after much argument, debate, and compromise was
finished in the same year and officially adopted by the thirteen states by 1790.
The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches,
each one having powers ("checks and balances") over the others. It specifies the powers and duties of each federal
branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly
amended to meet the changing needs of the nation, but it is still the "supreme law of the land". All governments and
73
governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the
Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). Nor
does it rest, as in many other countries, with a political group or party. It belongs to "We the People", in fact and in
spirit.
In this way, Americans first took for themselves the liberties and rights that elsewhere were the privileges of an elite
few. Americans would manage their own laws And, of course, they would make their own mistakes.
They stated in the first ten Constitutional Amendments, known together as the Bill of Rights, what they considered
to be the fundamental rights of any American. Among these rights are the freedom of religion, speech, and the press,
the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guarded the
citizens against unreasonable searches, arrests, and seizures of property, and established a system of justice
guaranteeing orderly legal procedures. This included the right of trial by jury, that is, being judged by one's fellow
citizens.
The great pride Americans have in their Constitution, their almost religious respect for it comes from the knowledge
that these ideals, freedoms, and rights were not given to them by a small ruling class. Rather, they are seen as the
natural "unalienable" rights of every American, which had been fought for and won. They cannot be taken away by
any government, court, official, or law.
The federal and state governments formed under the Constitution, therefore, were designed to serve the people and
to carry out their majority wishes (and not the other way around). One thing they did not want their government to
do is to rule them. Americans expect their government to serve them and tend to think of politicians and
governmental officials as their servants. This attitude remains very strong among Americans today.
Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several
other nations have based their own forms of government on it. It is interesting to note that Lafayette, a ' его of the
American Revolution, drafted the French declaration of rights when he return xl to France. And the United Nations
Charter also has clear echoes of what onte was considered a revolutionary document.
TASK 5. Complete the following text with suitable words or phrases from the text above.
When the Constitution was written in 1787, there were only 13 states.
Because the (a)_____ of the Constitution saw that the future might bring a
. Over
need for changes, they (b)
a method of adding (c)
the years 26 amendments have been added, but the basic (d)
has not
74
been (e)
. The pattern of government planned so long ago for 13
states today meets the needs of 50 states and more than 57 times as many people.
The first 10 amendments to the Constitution, called the (f)________
assure individual (g)_____and (h)______. Added in 1791, they include
provisions for freedom of the (i)_____and of (j)______; the right of
citizens to (k)_____peacefully; the right to be (1)_______in one's own
home against unreasonable (m)_____ and (n)________ of person or
property; and the right of any person charged with (o) a speedy trial by a (p)____of fellow (q)_____.
the law to have
The Constitution (r) branches: the (s)___
the powers of the government into three
headed by the (t)_______; the (u)____, which
___ (the Senate and the House of
includes both houses of (v)____
Representatives) and the (w)_____which is headed by the Supreme Court.
The Constitution limits the role of each (x)_____to prevent any one branch
from gaining undue (y)_____.
TASK 6. Find in the text the English equivalents for the expressions below,
вносить поправки в конституцию;
пересмотреть документ;
действовать в соответствии с соглашением;
свобода совести;
управлять своими собственными делами;
принять конституцию;
определить чьи-либо полномочия;
действовать в рамках конституции;
получить необоснованно большую власть;
незаконный арест;
свобода собраний;
захват собственности;
удовлетворять требованиям.
TASK 7. Answer the questions.
1.
How does the American Constitution separate the powers of the government?
2.
Has the text of the Constitution ever been changed? How did it become possible?
3.
Does any governmental organ or official in the US have the ultimate power? Why?
4.
What is the Bill of Rights?
75
TASK 8. Work in pairs and discuss the folio-wing questions.
— ...-—,1. What is the difference between the American Constitution
тг~тт ^ ШеВш of Rights?
2. What is the difference between the constitutions of the UK and the US?
TASK 9. Make a list of features of the American Constitution which you consider the most important and compare
them with the Constitution of your country.
Unit II THE SYSTEM OF GOVERNMENT
TASK 1. Read the text.
The American System of Government
The governmental systems in the United States - federal, state, county, and local - are quite easy to understand, that
is, if you grew up with them and studied them in school. One foreign expert complained, for example, that the
complexity of just the cities' political and governmental structure is "almost unbelievable." The "real Chicago," he
explained ", spreads over 2 states, 6 counties, 10 towns, 30 cities, 49 townships, and 110 villages. Overlaid upon this
complex pattern are 235 tax districts and more than 400 school districts..."
There are, however, several basic principles which are found at all levels of American government. One of these is
the "one person, one vote" principle which says that legislators are elected from geographical districts directly by the
voters. Under this principle, all election districts must have about the same number of residents.
Another fundamental principle of American government is that because of the system of checks and balances,
compromise in politics is a matter of necessity, not choice. For example, the House of Representatives controls
spending and finance, so the President must have its agreement for his proposals and programmes. He cannot
declare war, either, Without the approval of Congress. In foreign affairs, he is also strongly limited. Any treaty must
first be approved by the Senate. If there is no approval, there's no treaty. The rule is "the President proposes, but
Congress disposes." What a President wants to do, therefore, is often a different thing from what a President is able
to do.
TASK 2. Complete the following text with the words and phrases from the Aofie, using them in the appropriate form.
Ir
to divide; to be
based on; to
to manage; to
to warrant; to provide;
track down;
follow; to deal with; to cross;
to be put; to
to be enforced; to be to involve; to be
break;
established;
presented.
The whole system of American government a)
the principles
b)____in the Constitution and Bill of Rights. The people believe that the
government should c)_____a framework of law and order in which they are
left free to run their own lives.
The state governments d)____much the same pattern as the federal
government. Each has a governor as the chief executive, with power e)_____
among the Executive, Legislative and Judicial branches. State governments
f)____ such affairs as maintaining order, educating children and young
adults, and building highways. The federal government g)_____national
problems and international relations and with regional problems that h)____
more than one state. Laws aftecting the daily lives of citizens i)_____by
police in the cities and towns. Agents of the Federal Bureau of Investigation the famous FBI - j)___ criminals who k)___state borders or who 1)____
federal laws.
Before an accused person can m)___on trail for a serious crime in a
federal court - or in the courts of many states - the case must n)___o)____^
to a grand jury of private citizens who decide whether there is enough evidence of probable guilt p)___a trial.
TASK 3 Find in the texts the English equivalents jor the following words and expressions.
избиратель;
избирательный округ;
объявлять войну;
законодатель;
международный договор;
одобрение Конгресса;
внешняя политика;
глава исполнительной власти;
проводить в жизнь закон;
поддерживать правопорядок;
выслеживать преступников;
быть строго ограниченным;
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11Яредставить дело на рассмотрение жюри присяжных заседателей.
TASK 4. Answer the questions.
1.
What are the basic principles which are found at all levels of American government?
2.
How do you understand the saying: "The President proposes, but Congress disposes"?
3.
Who is the chief executive in each state?
4.
What laws do the local police enforce?
TASKS. Read the text.
Congress
Congress, the legislative branch of the federal government, is made up of the Senate and the House of
Representatives. There are 100 Senators, two from each state. One third of the Senators are elected every two years
for six-year terms of office. The Senators represent all of the people in a state and their interests.
The House has 435 members. They are elected every two years for two-year terms. They represent the population of
"congressional districts" into which each state is divided. The number of Representatives from each state is based
upon its population. For instance, California, the state with the largest population, has 45 Representatives, while
Delaware has one. There is no limit to the number of terms a Senator or a Representative may serve.
Almost all elections in the United States follow the "winner-take-all" principle: the candidate who wins the largest
number or" votes in a Congressional district is the winner. Congress makes all laws, and each house of Congress has
the power to introducs legislation. Each can also vote against legislation passed by the other. Because legislation
only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and
how money
The House of Representatives meets in the left wing of the Capitol, and the Senate occupies the right wing Before a
site was selected for a new national capital and the government buildings were constructed there Congress met in
the former County Courthouse in Philadelphia
78
\\
79
is spent. In addition, it regulates commerce among the states and with foreign countries. It also sets rules for the
naturalization of foreign citizens.
TASK 6. Complete the following text by translating the -words or expressions in brackets.
The (законодательная ветвь) - (конгресс) - consists of the (Сенат) and the (Палата Представителей). Each
(сенатор) is elected for six years and each (представитель) for two years, with no limitation on the number of
(сроков).
Each of the 50 states elects two (сенатор) under a system in which one-third of the (Сенат) is elected every two
years. А (сенатор) must be (старше) 30 years old and must have been an American citizen for (no меньшей мере)
nine years.
The (Палата Представителей) has 435 members. Each state is divided into congressional districts of roughly
(равное) population, and the (избиратели) of each district elect one (представитель) to (Конгресс). А member
must be (старше) 25 years of age and must have been an American citizen for at least seven years.
Both (палата) of (Конгресс) must (одобрить) bills before they become law. The (Сенат) alone (утверждает) the
President's (кандидаты) for high-level official positions and (ратифицирует) treaties with other nations.
TASK 7. Read the text.
The President and Federal Departments
The President of the United States is elected every four years to a four-year term of office, with no more than two
full terms allowed. As is true with Senators and Representatives, the President is elected directly by the voters
(through state electors). In other words, the political party with the most Senators and Representatives does not
choose the President. This means that the President can be from one party, and the majority of those in the House of
Representatives or Senate (or both) from another. This is not uncommon.
Thus, although one of the parties may win a majority in the midterm elections (those held every two years), the
President remains President, even though his party may not have a majority in either house. Such a result could
easily hurt his ability to get legislation through Congress, which must pass all laws, but this is not necessarily so. In
any case, the President's policies must be approved by the House of Representatives and the Senate before they can
become law. In domestic as well as in foreign policy, the President can seldom
count upon the automatic support of Congress, even when his own party has a majority in both the Senate and the
House. Therefore, he must be able to convince Congressmen, the Representatives and Senators, of his point of view.
He must bargain and compromise. This is a major difference between the American system and those in which the
nation's leader represents the majority party or parties, that is parliamentary systems.
Within the Executive Branch, there are a number of executive departments. Currently these are the departments of
State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labour, Health and Human Resources, Housing
and Urban Development, Transportation, Energy, and Education. Each department is established by law, and, as
their names indicate, each is responsible for a specific area. The head of each department is appointed by the
President. These appointments, however, must be approved by the Senate. None of these Secretaries, as the
department heads are usually called, can also be serving in Congress or in another part of the government. Each is
directly responsible to the President and only serves as long as the President wants him or her to. They can best be
seen, therefore, as Presidential assistants and advisers. When they meet together, they are termed "the President's
Cabinet." Some Presidents have relied quite a bit on their Cabinets for advice, and some very little.
TASK 8. Explain the meanings of the folio-wing words and expressions from the text. Make sentences with each of
them.
midterm elections; -term of office;
Senator;
Representative;
Congressman;
parliamentary system of government;
executive department;
Secretary of an executive department;
the President's Cabinet.
TASK 9. Complete the following text by trtanslating the words and expressions in brackets.
The President of the United States is chosen in a national election for a four-year (пребывание у власти), and may
be (переизбран) for a second (срок). Не must be a native-born citizen at least 35 years old. His salary is $200,000 a
year, and he also gets an extra $50,000 for expenses; but he must pay (подоходный налог) on the whole amount.
He receives up to $100,000
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tax-free for travel and $20,000 for official entertainment, and is provided with a home and extensive office space at
the White House.
As head of the Executive Branch, the President must (выполнять) the government programmes (принятые) by
Congress. He recommends programmes and laws to Congress and requests money for federal government
operations. If a President "vetoes" or refuses to sign a bill passed by the Congress, his (вето) may be (отменено) by
a two-thirds vote of both houses of Congress. The President (назначает) federal (судьи), (послы) and hundreds of
government (чиновники), and assigns duties to the elected Vice President. If a President dies, (уходит в отставку)
or becomes permanently disabled, the Vice President (принимает на себя его обязанности) until the next election.
Under the US Constitution a sitting President may be (смещен с должности) before his term expires only by an
impeachment process that begins with the House of Representatives. If upon sufficient evidence, the House drafts a
"bill of impeachment," which must be (одобрен) by two-thirds of its тетЬегзЫрХСудебный процесс) in the
Senate, with the Chief Justice of the United States acting as the judge and the Senators as the jury, follows. Only one
American President has ever been impeached: Andrew Johnson, who was (судим и оправдан) in 1868. But 1974
saw an equally historic confrontation arising out of the "Watergate" affair, which centered on illegal campaign
contributions and involved (высокопоставленные государственные чиновники), including President Richard
Nixon. Before a trial could take place, however, President Nixon (подал в отставку), and Gerald R. Ford, then Vice
President, (сменил) him. The transition was quick and orderly as the business of the nation went on.
TASK 10 Answer the questions .
1.
How many terms may a Senator or a Representative serve?
2.
Which house of Congress has the power to introduce laws?
3.
Name at least three functions of Congress.
4.
Does the President always belong to the party which has the majority in Congress?
5.
What is the major difference of the American system of government from parliamentary ones?
6.
Name at least three functions of the President.
7.
Who succeeds the President if he dies or resigns?
8.
Under what circumstances can the President be removed from office before his term expires?
9.
Who does the President's Cabinet consist of?
81
TASK 11.. Read the text and state briefly the functions of each department. Give Russian equivalents for the names
of the departments
Federal Departments
The Department of State, headed by the Secretary of State, advises the President on foreign relations. This
department handles all peaceful dealings with other countries, and issues passports to American citizens who wish to
travel abroad, and visas to visitors to the United States.
The Treasury Department manages government finances, collects taxes, mints coins and prints paper money. The
Secret Service, which protects the President and the Vice President, their families and some other dignitaries, is also
part of the Treasury Department. So are the Bureau of Customs and the Internal Revenue Service.
The Department of Defence is responsible for the nation's security. The Secretary of Defence is assisted by the
Secretaries of the Army, Navy and Air Force.
The Department of Justice, headed by the Attorney General, acts for the government in legal matters and moves
against violators of federal laws. The FBI and federal prisons are under his jurisdiction.
The Department of the Interior protects and develops the nation's natural resources and manages the national parks.
It also enforces federal hunting and fishing laws, checks on the safety of mines and is responsible for the welfare of
the Indian tribes.
The Department of the Agriculture aids food production and looks after the interests of farmers. It issues numerous
reports on the supply and prices of farm products, conducts scientific studies of agriculture and lends money to build
rural electric systems. Most farms today are served by electricity.
The Department of Labour is concerned with the working conditions, safety and welfare of the nation's nonfarm
workers. It enforces, among others, the laws on minimum wages and maximum hours for workers. The department's
mediation and conciliation service helps employers and workers to settle labour disputes.
The Department of Commerce helps develop domestic commerce as well as trade with other countries, particularly
in the mining, manufacturing and transportation industries. One of its important branches issues patents for new
inventions; other test products to be sure they meet high standards and report on weather conditions.
In 1979 the Department of Health, Education and Welfare was reorganized into two separate agencies: the
Department of Health and Human Services (HHS) and the Department of Education. HHS administers many of the
nation's social services programmes on a federal level. The Department of
6-6858
82
lucation administers and co-ordinates more than 150 federal aid-to-education •ogrammes.
The Cabinet-level Department of Housing and Urban Development was created in 1965 to help provide adequate
housing, particularly for low-income groups, and to foster large-scale urban renewal programmes.
In 1966 President Lyndon Johnson proposed, and Congress approved, the establishment of a Department of
Transportation to co-ordinate transportation activities previously carried on by several government agencies.
The Department of Energy, created in 1977 to address the nation's growing energy problems, consolidated the major
federal energy functions into single Cabinet-level department. It is responsible for research, development and
demonstration of energy technology; energy conservation; the nuclear weapons programme; regulation of energy
production and use; pricing and allocation; and a central energy data collection and analysis programme.
In addition to the executive departments, there are numerous independent agencies charged with special functions.
Largest of these is the Postal Service, directed by an 11 -member board of governors, which was created in 1979 to
replace the Post Office Department. It operates post offices, is responsible for handling and delivery of mail and
issues stamps.
Other independent regulatory agencies set rules and standards in such fields as rail and air transportation, domestic
trade practices, broadcasting licenses and telephone and telegraph rates, investment trading, some banking practices,
and equal employment opportunities.
Т ASK 12. Read the text.
The Federal Judiciary
The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the
federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It
determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix
the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the
Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by
the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for
life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can
change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and,
below them, 91 federal district courts.
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The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in
which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court
chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme
Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state,
and local governments unconstitutional. While not stated in the Constitution, this power was established over time.
TASK 13. Explain the meanings of the following expressions from the text and make sentences with each of them.
Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.
TASK 14. Answer the questions.
1.
What are the functions of the Supreme Court of the USA?
2.
Who does the Supreme Court consist of?
3.
How long do the Supreme Court Justices serve?
4.
Are the Supreme Court Justices elected?
5.
Who can change the decisions of the Supreme Court?
6.
What lower courts, besides the Supreme Court, are there in the USA ?
7.
In what kinds of cases does the Supreme Court have direct jurisdiction?
8.
What is the "power of judicial review"? TASK 15. Read the text.
Cost of Government
The average cost of all governments - federal, state and local - to each man, woman and child in the United States is
$4,539 a year. About two-thirds of all taxes collected go to the federal government.
The individual income tax provides the federal government slightly less than half its revenues. A person with an
average income pays about 11 per cent of it to the government; those with very large incomes must pay up to 50 per
cent. Many states also have their own income taxes. Many other taxes - on property, entertainments, automobiles,
etc. - are levied to provide funds for national, state and local governments.
Federal government spending for defence purposes, including military help to other nations, has fallen as a portion
of total government expenditures from 58.7 per cent in 1958 to 25.7 per cent in fiscal year 1981. The remaining
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74.3 per cent of the federal budget has gone into public welfare programmes, development of water and land
resources, public health and education. As a result of the expansion and increased costs of government services, the
national debt has increased greatly since World War II.
TASK 16. Find in the text the English equivalents for the expressions below.
взимать налоги;
средняя стоимость;
на оборонные цели;
личные доходы;
подоходный налог;
налог на имущество;
военная помощь другим странам;
федеральный бюджет;
национальный долг.
TASK 17. Using the information in the unit above, discuss the folio-wing questions.
1.
What differences are there between: the government of the USA and Congress; the federal and
state governments?
2.
Which of the two houses of Congress has more power?
3.
Which of these people are not elected: the Vice President, the Secretary of State, a Senator, the
Supreme Justice, the Attorney General.
4.
Which areas of government do these people deal with: the President, the Secretary of Defence, the
Secretary of State, the Associate Justices, Representatives in Congress.
5.
If the President wants to introduce a new law, what are the functions of the following: the President
himself, the House of Representatives, members of the Cabinet?
6.
List some similarities and differences between the US system of government and that of your
own country.
7.
Who has the right of Legislative Initiative?
85
Unit III THE SYSTEM OF CHECKS AND ВАЦ* NCES
TASK 1. Read the text and look at the chart.
Checks and Balances
The Constitution provides for three main branches of government which are separate and distinct from one another.
The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on
the others. This is to keep any branch from gaining too much power or from misusing its powers. The chart below
illustrates how the equal branches of government are connected and how each is dependent on the other two.
Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its rum, can
override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the
President. The President can appoint important officials of his administration, but they must be approved by the
Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The
courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to
strike down those they find unconstitutional.
The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect
of other levels of government in the United States. This system protects against extremes. It means, for example,
that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when
people think of "the government", they usually mean the entire system, that is, the Executive Branch and the
President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not
as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where
the majority party forms "the government", he is much less so.
87
The Separation of Powers Checks and Balances
Congress can pass
laws over the
President's veto
by a two-thirds
majority
The Court can declare laws unconstitutional
The Senate must confirm the
President's judicial
appointments
TASK 2. Explain the meanings of the following words and expressions.
a)
constitutionality;
b)
to strike down an act of Congress;
c)
consensus;
d)
the Administration.
TASK 3. Find in the text the English equivalents for the expressions below.
быть связанным с;
получить слишком большую власть;
зависеть от;
политика правительства;
партия большинства;
отклонить вето президента;
одобрить;
по сравнению с.
TASK 4. Answer the questions.
\. How are the powers of
a)
the President;
b)
Congress;
c)
the Supreme Court limited by the system of checks and balances?
2.
What is the role of compromise in the American system of running the country?
3.
Why do people abroad tend to exaggerate the power of the US President?
Unit IV AMERICAN FEDERALISM
TASK 1. Read the text.
Federalism: State and Local Governments
The fifty states are quite diverse in size, population, climate, economy, history, and interests. The fifty state
governments often differ from one another, too. Because they often approach political, social, or economic questions
differently, the states have been called "laboratories of democracy". However, they do share certain basic structures.
The individual states all have republican forms of government with a senate and a house. (There is one exception,
Nebraska, which has only one legislative body of 49 "senators"). All have executive branches headed by state
governors and independent court systems. Each state has also its own constitution. But all must respect the federal
laws and not make laws that interfere with those of the other states (e.g., someone who is divorced under the laws of
one state is legally divorced in all). Likewise, cities and local authorities must make their laws and regulations so
that they fit their own state's constitution.
The Constitution limits the federal government to specific powers, but modern judicial interpretations of the
Constitution have expanded federal responsibilities. All others automatically belong to the states and to the local
communities. This has meant that there has always been a battle between federal and state's rights. The traditional
American distrust of a too powerful central government has kept the battle fairly even over the years. The states and
local communities in the US have rights that in other countries generally belong to the central government.
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89
All education at any level, for example, is the concern of the states. The local communities have the real control at
the public school level. They control administration of the schools. They elect the school board officials, and their
local community taxes largely support the schools. Each individual school system, therefore, hires and fires and
pays its own teachers. It sets its own policies within broad state guidelines. Similarly, there is no national police
force, the FBI influence being limited to a very few federal crimes, such as kidnapping. Each state has its own state
police and its own criminal laws. The same is true with, for example, marriage and divorce laws, driving laws and
licenses, drinking laws, and voting procedures. In turn, each city has its own police force that it hires, trains,
controls, and organizes. Neither the President nor the governor of a state has direct power over it. By the way, police
departments of counties are often called "sheriffs departments". Sheriffs are usually elected, but state and city police
officials are not.
There are many other areas which are also the concern of cities, towns, and villages. Among these are opening and
closing hours for stores, street and road repair, or architectural laws and other regulations. Also, one local
community might decide that a certain magazine is pornographic and forbid its sale, or local school board might
determine that a certain novel should not be in their school library. (A court, however, may later tell the community
or school board that they have unfairly attempted to exercise censorship.) But another village, a few miles down the
road, might accept both. The same is true of films.
Most states and some cities have their own income taxes. Many cities and counties also have their own laws saying
who may and may not own a gun. Many airports, some of them international, are owned and controlled by cities or
counties and have their own airport police. Finally, a great many of the most hotly debated questions, which in other
countries are decided at the national level, are in America settled by the individual states and communities. Among
these are, for example, laws about drug use, capital punishment, abortion, and homosexuality.
A connecting thread that runs all the way through governments in the US is the " accountability" of politicians,
officials, agencies, and governmental groups. This means that information and records on crimes, fires, marriages
and divorces, court cases, property taxes, etc. are public information. It means, for example, that when a small town
needs to build a school or buy a new police car, how much it will cost (and which company offered what at what
cost) will be in the local newspaper. In some cities, meetings of the city council are carried live on the radio. As a
rule, politicians in the US at any level pay considerable attention to public opinion. Ordinary citizens participate
actively and directly in decisions that concern them. In some states, such as California, in fact, citizens can petition
to have questions (i.e., "propositions") put on the ballot in state elections. If the proposition is approved by the
voters, it then
becomes a law. This "grass roots" character of American democracy can also be seen in New England town
meetings or at the public hearings of local school boards.
Adding this up, America has an enormous variety in its governmental bodies. Its system tries to satisfy the needs
and wishes of people at the local level, while at the same time the Constitution guarantees basic rights to anyone,
anywhere in America. This has been very important, for instance, to the Civil Rights Movement and its struggle to
secure equal rights for all Americans, regardless of race, place of residence, or state voting laws. Therefore, although
the states control their own elections as well as the registration procedures for national elections, they cannot make
laws that would go against an indiv' ual's constitutional rights.
TASK 2. Find in the text the English equivalents for the following expressions below.
ставить вопрос на голосование;
расширить круг обязанностей;
независимо от;
транслировать по радио в прямом эфире;
запретить продажу чего-либо;
городской совет;
общественное мнение;
обеспечить равные права.
TASK 3 Answer the questions.
1.
What are the common principles in the structures of governments of individual states?
2.
Who is the head of the executive branch of power in each state?
3.
How must laws and constitutions of different states correlate?
4.
What is meant by the "battle" between federal and states' rights?
5.
Give at least 5 examples of the areas of public life that the states are responsible for.
6.
What is a "sheriff department" and who is a sheriff?
7.
Are income taxes and prices of goods the same in different states?
8.
What is meant by the "accountability" of politicians and officials?
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TASK 1. Read the text.
UnitV ELECTIONS
Political Parties
The Constitution says nothing about political parties, but over time the US has in fact developed a two-party system.
The two leading parties are the Democrats and the Republicans. There are other parties besides these two, and
foreign observers are often surprised to learn that among these are also a Communist party and several Socialist
parties. Minor parties have occasionally won offices at lower levels of government, but they do not play a role in
national politics. In fact, one does not need to be a member of a political party to run in any election at any level of
government. Also, people can simply declare themselves to be members of one of the two major parties when they
register to vote in a district
Sometimes, the Democrats are thought of as associated with labour, and the Republicans with business and industry.
Republicans also tend to oppose the greater involvement of the federal government in some areas of public life
which they consider to be the responsibility of the states and communities. Democrats, on the other hand, tend to
favour a more active role of the central government in social matters.
To distinguish between the parties is often difficult, however. Furthermore, the traditional European terms of "right"
and "left", or "conservative" and "liberal" do not quite fit the American system. Someone from the "conservative
right", for instance, would be against a strong central government. Or a Democrat from one part of the country could
be very "liberal", and one from another part, quite "conservative". Even if they have been elected as Democrats or
Republicans. Representatives or Senators are not bound to a party programme, nor are they subject to any discipline
when they disagree with their party.
While some voters will vote a "straight ticket", in other words, for all of the Republican or Democratic candidates in
an election, many do not. They vote for one party's candidate for one office, and another's for another. As a result,
the political parties have much less actual power than they do in other nations.
In the US, parties cannot win seats which they are then free to fill with party members they have chosen. Rather,
both Representatives and Senators are elected to serve the interests of the people and the areas they represent, that is,
their "constituencies". In about 70 per cent of legislative decisions,
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Congressmen will vote with the specific wishes of their constituencies in mind, even if this goes against what their
own parties might want as national policy. It is quite common, in fact, to find Democrats in Congress voting for a
Republican President's legislation, quite a few Republicans voting against it, and so on.
TASK 2. Explain the difference between the two major parties in the US.
TASK 3 Explain the meanings of the following expressions and give Russian equivalents for them.
to vote a "straight ticket";
a major party;
a minor party;
liberal;
conservative.
TASK 4. Read the text.
Elections
Anyone who is an American citizen, at least 18 years of age, and is registered to vote may vote. Each state has the
right to determine registration procedures. A number of civic groups, such as the League of Women Voters, are
actively trying to get more people involved in the electoral process and have drives to register as many people as
possible. Voter registration and voting among minorities has dramatically increased during the last twenty years,
especially as a result of the Civil Rights Movement.
There is some concern, however, about the number of citizens who could vote in national elections but do not. In the
national election of 1984, for instance, only 53.3 per cent of all those who have voted actually did. But then,
Americans who want to vote must register, that is put down their names in register before the actual elections take
place. There are 50 different registration laws in the US - one set for each state. In the South, voters often have to
register not only locally but also at the county seat. In European countries, on the other hand, "permanent
registration" of voters is most common. Of those voters in the United States who did register in the 1984 presidential
elections, 73 per cent cast their ballots.
Another important factor is that there are many more elections in the US at the state and local levels than there are in
most countries. If the number of those who vote in these elections (deciding, for example, if they should pay more
taxes so a new main street bridge can be built) were included, the percentage in fact would not be that much
different from other countries.
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Certainly, Americans are much more interested in local politics than in those at the federal level. Many of the most
important decisions, such as those concerning education, housing, taxes, and so on, are made close to home, in the
state or county.
The national presidential elections really consist of two separate campaigns: one is for the nomination of candidates
at national party conventions. The other is to win the actual election. The nominating race is a competition between
members of the same party. They run in a succession of state primaries and caucuses (which take place between
March and June). They hope to gain a majority of delegate votes for their national party conventions (in July or
August). The party convention then votes to select the party's official candidate for the presidency. Then follow
several months of presidential campaigns by the candidates.
In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation
go to the polls. If the majority of the popular votes in a state go to the Presidential (and vice-presidential) candidate
of one party, then that person is supposed to get all of that state's "electoral votes." These electoral votes are equal to
the number of Senators and Representatives each state has in Congress. The candidate with the largest number of
these electoral votes wins the election. Each state's electoral votes are formally reported by the "Electoral College."
In January of the following year, in a joint session of Congress, the new President and Vice-President are officially
announced.
TASK 5 Find т the text the English equivalents for the words and expressions below.
зарегистрироваться для голосования;
президентские выборы;
избиратели;
избирательный бюллетень;
избирательная кампания;
кандидат в президенты;
коллегия выборщиков;
утверждение кандидата,
первичные выборы в партийных организациях;
первичные выборы на партийных форумах;
партийный съезд;
избирательный участок.
TASK 6. Answer the questions.
1. Which American citizens mavvole7
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2.
Why do you think many people who could vote in the national election don't do it?
3.
Why are most Americans more interested in local politics than in those at the federal level?
4.
What parts does the national presidential election consist of?
5.
Describe the process of electing the President.
TASK 7. Election Campaign. Role play.
Imagine you are a candidate of one of the major parties: you have already been elected your party's official
candidate for the presidency. Write your programme and organize your election campaign. Persuade as many people
in the group as possible to vote for you. Use the vocabulary of the unit.
TASK 8. Read the text and compare political attitudes in the US and in your country. Find the statements you agree
and disagree with.
Political Attitudes
It's often been said and does seem to be true: Americans seem almost instinctively to dislike government and
politicians. They especially tend to dislike "those fools in Washington" who spend their tax money and are always
trying to "interfere" in their local and private concerns. Many would no doubt agree with the statement that the best
government is the one that governs least. In a 1984 poll, for example, only a fourth of those asked wanted the federal
government to do more to solve the country's problems. Neighbourhoods, communities, and states have a strong
pride in their ability to deal with their problems themselves, and this feeling is especially strong in the West.
Americans are seldom impressed by government officials (they do like royalty, as long as it's not theirs). They
distrust people who call themselves experts. They don't like being ordered to do anything. For example, in the
Revolutionary War (1776-83) and in the Civil War (1861-65), American soldiers often elected their own officers. In
their films and fiction as well as in television series, Americans often portray corrupt politicians and incompetent
officials. Anyone who wants to be President, they say with a smile, isn't qualified. Their newsmen and journalists
and television reporters are known the world over for "not showing proper respect" to governmental leaders,
whether their own or others. As thousands of foreign observers have remarked, Americans simply do not like
authority.
Many visitors to the US are still surprised by the strong egalitarian tendencies they meet in daily life. Americans
from different walks of life,
94
people with different educational and social backgrounds, will often start talking with one another "just as if they
were all equal." Is everybody equal in the land that stated - in the eyes of God and the law - that "all men are created
equal?" No, of course not. Some have advantages of birth, wealth, or talent. Some have been to better schools. Some
have skins or accents or beliefs that their neighbours don't especially like. Yet the ideal is ever-present in a land
where so many different races, language groups, cultural and religious beliefs, hopes, dreams, traditional hates and
dislikes have come together.
All in all, what do Americans think of their system of government? What would "We the People" decide today? One
American, a Nobel Prize winner in literature, gave this opinion: "We are able to believe that our government is
weak, stupid, overbearing, dishonest, and inefficient, and at the same time we are deeply convinced that it is the best
government in the world, and we would like to impose it upon everyone else."
Of course, many of today's 240 million Americans would disagree in part or with all. "Who is this one American,"
they might ask, "to speak for all of us?"
Unit VI
LANGUAGE ACTIVITIES Glimpses of American History
TASK 1 Listen to the tape and fill in the gaps with the words and expressions that you will hear. Retell the texts.
A. Flag Day
Flag Day, June 14, is the birthday of the American Flag. On this day in
1777 the Continental Congress (a)_____stating that the flag of the new
nation should contain (b)______(7 red ones and 6 white ones) to symbolize
the thirteen colonies and thirteen white stars, arranged (c)_____to symbolize
the (d)
and (e)____of these colonies.
In 1776, after the colonies had (f)____their (g)_____from Great
Britain, George Washington and two other revolutionary leaders were
(h)____for task of designing a national flag. The colours they chose were red
for (i)_____, white for (j)______ and blue for (k)______ .
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According to American legend, they brought their design to Betsy Ross, a young widow who was an excellent
seamstress. She followed their sketch
exactly except for suggesting that the stars be (1)_____ rather than
(m)______. Because she made the first American flag, Betsy Ross's name is
still well-known to Americans. Her little home in Philadelphia has been (n)_____, and tens of thousands of tourists
visit it each year.
The American flag has been (o)
__many times since Betsy Ross
made the original. Today the flag still (p)_____, in honour of the original
colonies, but now there are fifty stars. Because of its design, the American flag has been nicknamed "(q)______".
B. Independence Day
Independence Day is one of the most important patriotic holidays celebrated in the United States of America. In
1776 the thirteen American colonies were in the midst of the revolutionary war against Great Britain. On the
4th of July of that year the Continental Congress (a)____, the document
which (b)_____the colonies free and independent states. It is the (c)_____
and the (d)
of this document that Americans remember on July, 4.
The Declaration of Independence was written by Thomas Jefferson who
later became the young nation's (e)_____president. Since Independence Day
is a summer holiday and a day-off from work for almost everyone, many
families enjoy (f)_____ or (g)_____ on the 4th. The occasion is also
(h)_____ by colourful and noisy (i)_____, (j)_____and m some
communities (k)_____. The flag is flown, and red, white and blue ribbons
are used for decoration at (1)_____. The army (m)_____, firing a thirteen
gun salute. Throughout the nation church bells ring (n)_____ the
Philadelphian Liberty Bell that first (o)
American Independence.
C. Why Is the White House White?
We have all heard of the famous White House in Washington, USA, home of the President of America. But how
many of us know why it is white? It
is known that the original building was (a)_____by the British during the
British-American war, when the Americans (b)_____.Some time later the
building was painted white, to hide the (c)_____on the walls. And it has
been (d)_____that colour since that time, as (e)_____ of American
history.
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Revision
TASK 1. Complete the following text with the words and phrases from the box, using them in the appropriate form.
constitution; structure; voter; national; to name;
federal; government; to vote; responsibility; violation;
law;
to govern;
to be elected (2);
to be appointed;
to be removed from office.
The United States is a (a)____union of 50 states, with District of
Columbia as the seat of the (b)____government. The Constitution outlines
(c)____of the. national government and specifies its powers and activities.
Other government activities are the (d)____ of the individual states, which
have their own (e)
and (f)_
. Within each state there are counties,
townships, cities and villages, each of which has its own elective (g)____.
All government in the United States is "of, by and for the people".
Members of Congress, the President, state officials and those who (h)____
counties and cities (i)____by popular vote. The President (j)____the
heads of federal departments while judges are either (k)____directly by the
people or (1)____by elected officials, (m)____mark unsigned ballots in
private booths, so that no one else can find out for whom a citizen (n)____.
Public officials may (o)____for failing to perform their duties properly, as
well as for serious (p)____of law.
TASK 2. Complete the following statements with the appropriate and expressions from the Unit.
A.
The US Constitution sets the basic form of government:
ultimate power under the Constitution, in fact, belongs to____
of Rights declares such fundamental rights of any American as__
___.The
The Bill
by
B.
The Supreme Court of the USA consists of ___, and must be approved by___
_. They are appointed
A decision of the Supreme
Court____to any other court. The Supreme Court has direct jurisdiction in
the following kinds of cases:____. All other cases are____. The only
power of the Supreme Court which is not stated in the Constitution is the power of
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C.
All the fifty states of America have____form of government. The
executive branch of the government in each state is headed by____, and the
judicial branch is represented by____. Each state has its own___' which
must not interfere with____.
D.
There is a two-party system in the USA. The Democratic Party is
usually associated with____, and the Republicans, with____. Anyone
who
____таУ vote in the presidential election in the US. Those who want to
vote must____before tiie election takes place. The national presidential
elections consist of two separate campaigns: one is ____; the other is
TASK 3. Define the following word-combinations. Illustrate your definitions with examples.
a)
Judicial Review;
b)
Executive Power;
c)
Separation of Powers;
d)
bicameral legislature;
e)
majority party.
TASK 4 Give the words with the opposite meanings to:
a)
to approve;
b)
majority;
c)
consent;
d)
to win;
e)
to allow.
Glossary to chapters II and
act (n) - statute, a formal record of sth done of transacted.
act of Parliament.
amend (v) - to change or modify for the better, improve.
amendment (n) appoint (v) - see Ch. I
approve (v) - to give formal or official sanction, ratify.
disapprove (n)- see bench Ch. I
ballot (n) - a sheet of paper, or orig. a small ball, used in secret voting. ballot-box (n) -a locked box wherein ballots
are deposited.
7-6858
98
bench (n) - see Ch. I. bill (n) - see Ch. I.
branch (n) (of Government) - see Ch. I.
canvass (n) - the act of examining and counting the returns of votes cast at a public election to determine
authenticity.
canvassing.
caucus (n) - a meeting of the legal voters of any political party
assembled for the purpose of choosing delegates or for the nomination
of candidates for office. chancellor (n) - the name given in some states to the judge (or the
presiding judge) of a court of chancery.
~ of the Exchequer - head of the department of the English
government which has charge of the collection of the national
revenue.
~ of the University - a university president, or chief executive officer
of higher education system in certain states. checks and balances (n) (the system of -)- arrangement of
governmental powers where powers of one governmental branch
check or balance those of other branches. civil (adj) (~ list, ~ servant) - see Ch. I. Confederation (n) (Articles of ~)the compact among the thirteen
original states that established the first government of the United
States. constituency (n) - the inhabitants of an electoral district.
constituent (n) - a person who gives authority to another to act for
him. • convention (n) 1.- an assembly of delegates chosen by a political party,
or by the party organization in a larger or smaller territory, to
nominate candidates for an approaching election.
2. a treaty, an agreement, a commercial agreement, a contract. county (n) 1. GB - division of GB, the largest unit of
local government
2. US - the largest territorial division for local government in state.
~ court. consensus (n) - see Ch. I.
debate (n) - formal discussion, e.g. at a public meeting or in Parliament.
debate (v).
department (n) (US) - the largest unit of the executive branch, covering a broad area of government responsibility.
The heads of the departments (secretaries) form the president's cabinet.
dissolve (v) (~ Parliament) - to terminate, cancel, annul.
election (n) - a formal procedure for voting.
presidential ~.
99
to hold, schedule an -.
to win/lose an ~.
elect (v).
elector (n).
electoral (adj).
electoral campaign (n) - an organized effort to persuade voters to choose one candidate over others competing for
the same office. electoral college (n) - a body of electors who are chosen by voters to cast ballots for president and
vice president. execute (v) (a law) - to give effect to; to make legally binding.
execution (n).
executive (adj) - as distinguished from the legislative and judicial departments (branches) of government, the
executive department is that which is charged with the detail of carrying the laws into effect and securing their due
observance.
~ department (n).
~ officer (n).
-powers (n).
federal (adj) - 1. belonging to the federal government or union of states. 2. founded on ,or organized under, the
Constitution of the United States.
~ courts (n) - the courts of the US (as distinguished from state, county or city courts) created either by Art III of the
US Constitution or Congress.
~ government (n).
federalism (n) - the division of power among a central government
and regional governments. front bench (n) - see Ch. I.
impartial (adj) - treating all alike; unbiased; equitable, fair and just. impeach (v) - to proceed against a public
officer (e.g. President) for
crime or misfeasance, before a proper court, by the presentation of a
written accusation ("articles of impeachment").
impeachment (n) - the formal charging of a government official with
any high crimes and misdemeanors. judicial (adj) (branch) - the branch of government that interprets laws.
-power.
~ review.
Judiciary (n) - 1. the branch of government invested with the judicial power.
2.
the system of courts in a country (also Judicial system).
3.
the body of Judges.
justice (n) - 1. proper administration of laws.
100
2. title given to judge, particularly to judges of US and state supreme courts, and as well to judges of appellate
courts.
Associate ~s - judges of courts, other than the presiding or chief justice.
Supreme - (also Chief ~) - the presiding, most senior, or principal justice of a court.
~ of the Peace (GB) - a lay magistrate empowered chiefly to administer summary justice in minor cases.
knight (n) (GB) - in English law, the next personal dignity after the nobility, having several orders and degrees. knighthood (n).
legislate (v) - to enact laws or pass resolutions via legislation, in contrast to court-made laws.
legislator(ri)
legislative (adj) (branch) - the law-making branch of government.
—power.
legislation (n) - 1. the act of giving or enacting laws.
2.
the power to make laws.
3.
laws enacted by lawmaking body (e.g. by Congress). legislature (n)- the department, assembly or
body of persons that
makes statutory laws for a state or nation (e.g. by Congress). majority (n) - the number (of votes) greater than half
of any total.
~ leader - the head of the majority party in the Senate.
-party.
—
rule - the principle that the decision of a group must reflect the preference of more than half of those
participating.
~ of seats.
—
vote - vote by more than half of voters for candidate or other, matter on ballot.
manifesto (n) (of a party) - public declaration or proclamation of
political or social principles. minority (n) - the smaller number (of votes).
-party.
— rights - the benefits of government that cannot be denied to any citizens by majority decisions.
monarchy (n) - a government in which the supreme power is vested in a single person.
constitutional (limited) -.
monarch (n).
nominate (v) (as, for) - to designate as an official candidate of a political party.
nomination (n) (to).
101
nominee (n) - a person who has been nominated.
overrule (v) (also override) - to supersede, to annul; to reject by subsequent action or decision.
~ a veto, decision.
peer (n) (GB) - (~ of the realm) - a person with the right to sit in the House of Lords.
Life ~ - a person elected to the House of Lords for life (contrasted with a hereditary ~).
peerage (n) - 1. the whole body of peers. 2. rank of peer.
poll (v) - 1 .to vote at an election. 2. receive a certain number of votes.
-ing-booth (-station) - place where voters go to record votes.
-ing day - day appointed for a poll. poll (n) -1. voting at an election.
2.
list of voters; counting of the voters.
3.
place where voting takes place.
(public) opinion - - survey of public opinion by putting questions to a
representative selection of persons. primary (election) -a preliminary election conducted within a political
party to select candidates who will run for public office in a
subsequent election. property (n) - 1. possessions, things owned.
2. the unrestricted and exclusive right to a thing.
personal - - movable belongings.
private ~ - property belonging absolutely to an individual of which he has the exclusive right of disposition.
real - - land; buildings (or whatever is erected or growing upon or affixed to land).
- ~ law. proportional representation (n) -an electoral system that awards
legislative seats to political parties in proportion to the number of
votes won in an election. referendum (n) - an election on a policy issue. representative government (n) - (also
called indirect democracy) - a
system of rule in which citizens participate by electing public officials
to make government decisions for them. resign (v) (from) - to give up a post.
-resignation (n) (from). revenue (n) - income, esp. the total annual income of the State.
public -s - the income which a government collects and receives into its treasury, and is appropriated for
the payment of its expenses.
102
103
secretary (n) (US) - head of an executive department, member of the
President's Cabinet.(e.g. ~ of State). seizure (n) (of property) - the act of taking possession of property, e.g.
for a violation of law or by virtue of an execution of a judgement.
seize (v).
Shadow Cabinet (n) (GB) - group formed from the leaders of the Parliamentary Opposition, i.e. those who might
form a new cabinet if there is a change of government after a general election.
sheriff (n) (US) - the chief executive and administrative office of a county, being chosen by popular election.
sovereign (n) - 1. a chief ruler with supreme power. 2. a king or other ruler in a monarchy.
sovereignty (n).
tax (n) - a charge by the government on the income of an individual, corporation, or on the value of an estate or gift
or property.
~ law.
-payer.
to impose, levy, put a ~ (on).
to collect a ~ (from)
to cut, lower, reduce ~s (vs to increase, raise ~s).
to pay a ~ (on).
taxation (n) - the process of taxing or imposing a tax. term of office (n) - the period during which elected officer or
appointee
is entitled to hold office, perform its functions and enjoy its privileges. township (n) (US) - in some of the states, the
name given to the civil and
political subdivisions of a county. veto (n) (of, over) (US) - the President's disapproval of a bill that has
been passed by both houses of Congress, which can be overridden by
a two-thirds vote in each house of Congress.
veto (v).
to exercise, impose, use a ~.
to override, overrule a ~.
violate (v) - to break (a law, a treaty, an oath, etc.).
violation.
to commit a violation.
in violation of (a law).
vote (n) - right to give an expression of opinion or will by persons for or against sb or sth, esp. by ballot or by
putting up of hands.
~ (v) (for/against).
~* (v) (on/upon, e.g. a resolution).
voter (n).
Chapter IV
You - The Jury
Unit I. A Handbook on Jury Service.....................................................103
Unit II. Justice?.....................................................................................115
Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting.. 118
Revision................................................................................................121
Just for Fun...........................................................................................122
Glossary................................................................................................123
Unit I A HANDBOOK ON JURY SERVICE
TASK 1. The following texts come from a handbook on jury service for US citizens Read the texts consulting the
glossary.
Jury Service - An Important Job and a Rewarding Experience
The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the
Constitution of the United States. By serving on a Jury, then, you are helping to guarantee one of our most important
freedoms.
Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" - that is, to decide what
really happened. The judge, on the other hand, "decides the law" - that is, makes decisions on legal issues that come
up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain
evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal
issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and
that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need
any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being
presented, use your common sense, and be fair and honest.
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Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all
people and all ideas.
Many jurors find that it is exciting to learn about this most important system "from the inside", and challenging to
deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be
interesting and satisfying.
How You Were Chosen
Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your
answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were
not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident
of the county in which you are to serve as a juror, able to communicate in the English language and if you have been
convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be
excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer
great hardship if required to serve, or are unable to serve for some other reason.
You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the
"jury pool", the group of people from which trial juries are chosen.
Selection of the Trial Jury
The first step in the selection of the trial jury is the selection of a "jury panel". When you are selected for a jury
panel you will be directed to report, along with other panel members, to a courtroom m which a case is to be heard
once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers
and the people involved in the case. You will also take an oath, by which you promise to answer all questions
truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question
you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might
make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning "to speak
the truth".
Many of the questions the judge and lawyers ask you during VOIR DIRE may seem very personal to you, but you
should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are
trying to make sure that members of the jury do not have opinions or past experiences which might prevent them
from making an impartial decision.
During VOIR DIRE the lawyers may ask the judge to excuse you or another member of panel from sitting on the
jury for this particular case. This is
105
called CHALLENGING A JUROR. There are two types of challenges. The first is called a CHALLENGE FOR
CAUSE, which means that the lawyer has a specific reason for thinking that the juror would not be able to be
impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels
angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that
reason. There is no limit on the number of panel members that the lawyers may have excused for cause.
The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer does not have
to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed
to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause,
however, the number of peremptory challenges is limited.
Please tr> not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is
not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of
the circumstances of the particular case and your past experiences. If you are excused, you will either return to the
juror waiting area and wait to be called for another panel or will be excused from service, depending on the local
procedures in the county in which you live.
Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will
be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if
one of the jurors is unable to do so because of illness or some other reason.
Your Working Day
The number of the days you work as a juror and your working hours depend on the jury selection system in the
county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from
out of town or for other reasons.
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Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example,
you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury
room during trial while the judge and the lawyers settle a question of law that has come up.
This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working
very well. In reality, however, there are good reasons for the waiting you do both before and during trial.
Your having to wait before trial is important for the efficient operation of the system. Because there are many cases
to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before
trial. These agreements, called SETTLEMENTS, can occur at any time, even a few minutes before the trial is
scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular
day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next
case that goes to trial.
Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the
facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a
legal issue has come up that must be decided before more evidence can be presented to you. You are sent out
because the judge decides that you should not hear the discussion about the law, because it might interfere with your
ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but
sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not,
are important to the fairness of the trial.
In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your
understanding is appreciated.
TASK 2. Give Russian equivalents Jor the following words and translate the definitions info Russian
CASE - any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a
complaint, petition or information.
WITNESS - person who testifies under oath in court regarding what was seen, heard or otherwise observed.
TRIAL - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then
decides the case.
EVIDENCE - a form of proof legally presented at a trial through witnesses, records, documents, etc.
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TASK 3, Paraphraze the following words and expressions and explain their meanings.
fellow citizens;
courtroom;
prejudice;
to deal thoroughly with the cases;
to exempt from jury service;
to meet some requirements;
impartial decision;
to be available for case;
legal issues;
common sense;
to select at random;
eligible for service;
to have one's civil rights restored;
to be excused from jury service;
to accommodate a witness;
delays during trial.
TASK 4. Answer the questions.
1.
What is the job of a juror?
2.
What is the job of a judge?
3.
What qualities should a good juror have?
4.
What requirements should one meet to be eligible for jury service?
5.
What are the reasons for a person to be excused from jury service?
6.
What is the aim of VOLR DIRE!
1. What is CHALLENGING A JUROR?
8.
What are the types of challenge?
9.
What does a juror's working day depend on?
10.
Who are alternative jurors?
TASK 5. Read the text.
Kinds of Cases
As a juror, you may sit on a criminal case, a civil case, or both.
Civil Cases. Civil cases are usually disputes between or among private citizens, corporations, governments,
government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages
for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a
landlord may sue a tenant for failure
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to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.
The party bringing the suit is called the PLAINTIFF; the party being sued is called the DEFENDANT. There may be
many plaintiffs or many defendants in the same case.
The plaintiff starts the lawsuit by filing a paper called a COMPLAINT, in which the case against the defendant is
stated. The next paper filed is usually the ANSWER, in which the defendant disputes what the plaintiff has said in the
complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a
COUNTERCLAIM will be filed along with the answer. It is up to the plaintiff to prove the case against the
defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is
called the plaintiffs BURDEN OF PROOF, a burden that the plaintiff must meet in order to win. In most civil cases
the plaintiffs burden is to prove the case by a PREPONDERANCE OF EVIDENCE, that is, that the plaintiffs version
of what happened in the case is more probably true than not true.
Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12
jurors: five must agree if there are six jurors.
Criminal Cases. A criminal case is brought by the state or by a city or county against a person or persons accused of
having committed a crime. The state, city, or county is called the PLAINTIFF; the accused person is called the
DEFENDANT. The charge against the defendant is called an INFORMATION or a COMPLAINT. The defendant has
pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff
proves the defendant guilty. The plaintiffs burden of proof is greater in a criminal case than in a civil case. In each
criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff
must prove each of these elements BEYOND REASONABLE DOUBT before the defendant can be found guilty.
In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to
overcome the presumption of innocence.
TASK 6. Give Russian equivalents for the following words and translate the definitions into Russian.
DEFENDANT - (crim.) person charged with a crime, (civ.) person or entity against whom a civil action is brought.
ACTION - proceeding taken in court synonymous to case, suit, lawsuit.
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PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to
the trier of facts than the evidence presented by the opposing side.
PLAINTIFF - the party who begins an action, complains or sues.
COUNTERCLAIM - claim presented by a defendant in opposition to the claim of the plaintiff.
COMPLAINT - (crim.) formal written charge that a person has committed a criminal offence.
(civ.) initial document filed by a plaintiff which starts the claim against the defendant.
TASK 7. Give English equivalents for the following words and expressions.
подать иск;
начать (возбудить) дело;
арендатор;
показания (2);
предубеждение;
судебное разбирательство (3);
истец;
совершить преступление;
признать виновным;
заслушать показания;
исключить из состава присяжных;
восстановить в гражданских правах;
люди, замешанные в деле;
частные лица;
материальный ущерб;
домовладелец;
ответственность за ущерб;
ответчик;
подать иск;
ответный иск;
обвинен в преступлении;
заявить о невиновности;
единодушное решение присяжных;
вопросы права;
урегулирование дела;
принять присягу.
TASK 8. Answer the questions.
\.WhatisaCIVILCASEl
по
2.
Who is a PLAINTIFF?
3.
Who is a DEFENDANT!
4.
What is a COMPLAINT!
5.
Whatisan^,W£/??
6.
What is a COUNTERCLAIM!
I.
What is a BURDEN OF PROOF1
8.
What is a CRIMINAL CASE7
9.
What is PREPONDERANCE OF EVIDENCE!
10.
How many jurors are necessary to agree upon the verdict in a criminal case?
I1.
Who is the plaintiff in a criminal case?
TASK 9. Read the texts.
Courtroom Personnel
In addition to the lawyers and the judge, three other people will play an important role in the trial. The COURT
REPORTER, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and
also may record the proceedings on tape. The CLERK, who sits right below the judge, keeps track of all documents
and exhibits and notes down important events in the trial. The BAILIFF helps to keep the trial running smoothly.
The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are
having any problems related to jury service.
What Happens During the Trial
Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order
of events is set out below.
Step 1: Selection of the Jury.
Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and
will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening
statements is not evidence and, therefore, does not help prove their cases.
Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify
at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On
occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.
Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their
opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the
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judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.
Many times during the trial the lawyers may make OBJECTIONS to evidence presented by the other side or to
questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them
improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and
whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will
SUSTAIN THE OBJECTION. If the objection was not valid, the judge will OVERRULE THE OBJECTION. These
rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or
the question to which there has been an objection.
It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are
also the sole judge of the CREDIBILITY OF WITNESSES, that is, of whether their testimony is believable. In
considering credibility, you may take into account the witnesses* opportunity and ability to observe the events about
which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when
considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that
bear on the believability of the testimony or on the importance to be given that testimony.
Step 4: The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are
to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the
use of jurors during their deliberations. All documents or physical objects that have been received into evidence will
also be sent to the jury room.
Step 5: Closing Arguments The lawyers in the closing arguments summarize the case from their point of view. They
may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also
discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not
evidence.
Step 6: Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case
they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and
orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.
When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom,
where the foreman presents the verdict. The judge then discharges the jury from the case.
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TASK 10. Paraphrase the following words and expressions and explain their meanings.
lawyers for each side;
intend to prove;
to testify:
improper objections;
it'sup to the judge;
valid or invalid;
to sustain the objection;
to favour one of the sides;
to summarize the case;
the jury retires;
sensible and orderly fashion.
TASK 11. Answer the questions.
1.
What is the difference between the court reporter and the clerk?
2.
What are the bailiffs duties?
3.
What are the steps of a trial?
4.
How is jury selected?
5.
Define the word EVIDENCE. What can not be considered evidence?
6.
Can you give examples of physical exhibits?
7.
What can you tell about OBJECTIONS'?
8.
What can you tell about INSTRUCTIONS!
9.
Who presents CLOSING ARGUMENTS!
10.
What have you learned about JURY DELIBERATIONS!
TASK 12. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of
each item.
Do's and Don'ts for Jurors
During trial
1.
DO arrive on time. The trial can not proceed until all jurors are present. Do return to the
courtroom promptly after breaks and lunch.
2.
DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their
manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.
3.
DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the
other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one
witness's
113
testimony, you may not be able to consider fully and fairly the testimony that comes later.
4.
DO listen carefully to the instructions read by the judge immediately before the jury begins its
deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case
you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.
5.
DON'T try to guess what the judge thinks about the case. Remember that the judge's rulings do not
reflect personal views.
6.
DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is
equally important that you do not allow other people to talk about the case in your presence, even a family member.
7.
DON' I talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk
to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are
merely trying to avoid giving the impression that something unfair is going on.
8.
DON'T try do discover evidence on your own. For example, never go to the scene of any event that is
part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in
court.
9.
DON'T let yourself get any information about the case from newspapers, television, radio,
or any other source. Remember that news reports do not always give accurate or complete information. Even if the
news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should
accidentally hear outside information about the case during trial, tell the bailiff about it in private.
10.
DON'T take notes during the trial unless the judge gives you permission to do so.
11.
DON'T attempt to ask witness any questions. If you were to take part in asking questions, it might be
hard for you to remain impartial. In addition, because you are not trained in the law, your questions might not be
proper under the rules of evidence. Most of your questions will be answered sooner or later in the course of
questioning by the lawyers.
12.
DON'T express your opinion about the case to other jurors until deliberations begin. A person
who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that
points the other way.
During deliberations
\. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her
own mind, but only after impartial group consideration of the evidence.
2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence
and of the judge's instructions.
8-6858
114
115
DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.
3.
DO reconsider your views in the light of your deliberations, and change them if you have become
convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however,
just because other jurors disagree with you or so that the jury can decide on a
verdict.
4.
DON'T play cards, read, or engage in any other diversion.
5.
DON'T mark or write on exhibits or otherwise change or injure them.
6.
DON'T try to guess what might happen if the case you have heard is appealed. Remember that courts of
appeal deal only with legal questions and will not change your verdict if you decided the facts based on popular
evidence
and instructions.
7.
DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal. It is also
illegal for a jury to determine the amounts decided on by each individual juror.
8.
DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury.
After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T
feel obligated to do so; no juror can be forced to talk without a court order DO be careful about what you say to
others. You should not say or write anything that you would not be willing to state under oath.
TASK 13 Work in groups Make a list of seven false statements on what jurors should and shouldn 't do. Argue your
opponents' list.
Unit II JUSTICE?
TASK I. Look at these statements What do you think of them as a potential juror?
KILL I № 15 Jl>ST/F/f2>,
гтте тнелг
TASK 2 Read the text and discuss it in group
The Punishment Should Fit the Crime
National and local newspapers regularly print accounts of legal cases, and quite often the stories they choose are
ones in which the punishment does not appear to fit the crime. It is easy to read a paragraph about a criminal case
and to become outraged at the sentence passed by a judge. We have to remember that the short paragraph sums up a
complicated legal case which might have taken hours, days or even weeks of court time, and that the judge knew a
lot more about the case than the casual newspaper reader. However, sentences and penalties vary widely from one
court to another. As every football fan knows, referees make mistakes, and the referee is much more likely to be
mistaken when his decision goes against one's own team.
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TASK 3. Read the texts and discuss each case applying the questions below.
1.
Was justice done?
2.
If you had been the judge, would you have given a different sentence?
3.
Would you have chosen a lighter sentence, or a more
severe one?
4.
How would you have felt if you had been the victim of the crime?
5.
How would you have felt if you had been the defendant?
6.
If you had been the judge, what other facts and circumstances would you have wanted to know?
Manslaughter
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who
had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau
Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing
him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw
Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six
years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that
she should have been freed, calling her "the avenging mother".
Homicide
Bernard Lewis, a mirty-six-old man, while preparing dinner became involved in an argument with his drunken wife.
In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his
wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene
with the ambulance attendant. He pleaded guilty to manslaughter. The probation department's investigation
indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record.
His thirty-year-old deceased wife, and mother of three children, was a "fine girl" when sober but was frequently
drunk and on a number of occasions when intoxicated had left their small children unattended. After due
consideration of the background of the offence and especially of the plight of the three motherless youngsters, the
judge placed Lewis on probation so that he could work , support, and take care of the children. On probation Lewis
adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as
"improved" from probation.
117
Murder
In 1952 two youths in Mitcham, London, decided to rob a dairy. They were Christopher Craig, aged 16, and Derek
William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun a
killed the policeman. At that time Britain still had the death penalty for certain types of-murder, including murder
during a robbery. Because Craig was under 18, he was sentenced to life imprisonment. Bently who had never
touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment,
which was abolished in 1965.
Assault
In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him,
knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined
£10.
Shop-lifting
In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a
carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined £75 and
had to pay £200 towards the cost of the case. A few days later she killed herself.
Fraud
This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of £100,000
on his life. The policy was due to expire at 3 o'clock on a certain day. The man was in serious financial difficulties,
and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to
make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It
does nowadays.) The company refused to pay the man's wife, and the courts supported them.
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Unit III
LANGUAGE ACTIVITIES Lady Wyatt Accused of Shop-Lifting
TASK 1. Read the list of characters involved in the case of shop-lifting. Choose one for yourself.
Lady Wyatt Mr Bell
Sir David Wilton Dr Soames Mr Green Miss Toad
The prosecutor The defence
the accused, a rich and unbalanced woman.
the store detective, a real nosey parker.
an old friend of lady Wyatt, just a gentlemen.
lady Wyatt's family doctor, a very secretive personality, -the store manager, very inexperienced.
shop assistant, a dangerous mixture of chatterbox and scatterbrain.
TASK2. Read Lady Wyatt's written account and the store detective's report. Present them using the colour idioms.
Lady Wyatt: On Wednesday morning I went to Hall's Department Store to do some shopping and to meet a friend
for lunch. In the Ladies Fashion Department I bought a belt and a bag and paid for them. As I was waiting for the lift
to go up to the Rooftop Coffee Lounge, I saw a silk scarf that I liked. I tried it on and decided to buy it. I looked
around for an assistant to pay but couldn't see anybody. The lift came and as I was late for my appointment, I put the
scarf with my other purchases, intending to pay for it later on my way out. Unfortunately, I forgot to pay and was
stopped at the door by the store detective who asked me to go to the manager's office where I was accused of having
stolen the scarf. It's quite ridiculous. I simply forgot to pay.
Mr.Bell: I was on duty on the second floor when I observed Lady Wyatt trying on a scarf. She looked at herself in
the mirror, looked round several times and then
119
put the scarf in her bag. She then went up in the lift to the top floor cafe where she met a man. I kept up my
observation and when they left together, I followed them to the door. She had made no attempt to pay so I stopped
her and asked her to accompany me to the manager's office. She become abusive and refused to go with me until a
policeman arrived on the scene.
right.
Colour Idioms. Match the idioms on the left with their definitions on the
a)
to catch sb. red-handed
b)
to see red
c)
to appear out of the blue
d)
in the black and white
e)
in the red
1.
broke, having no money
2.
from nowhere, unexpectedly
3.
To catch sb. during his committing a crime
4.
get terribly angry
5.
in a very clear way
TASK 3. Listen to Lady Wyatt being cross-examined, first by the Prosecution, and then by the Defence. Answer the
questions. Prosecution's cross-examination:
1.
What did she say she had intended to do?
2.
Why hadn't she done it?
3.
Why didn't she spend more time looking for an assistant?
4.
Is she usually punctual?
5.
How long had she been taking the pills?
6.
Had she ever suffered from loss of memory?
7.
Had she ever stolen anything?
Defence's cross-examination:
1 .How wealthy is she?
2.
Does she need to work?
3.
Is she a regular customer?
4.
How much does she spend there a year?
5.
What would she have done if she hadn't been caught?
TASK 4. Read the reports based on the evidence given by:
David Wilton's evidence (report)
David Wilton said that he was an old friend of Lady Wyatt and that he had been the Wyatt family's accountant for
fourteen years. He had arranged to meet Lady Wyatt for lunch at 12 o'clock to discuss some family business. He said
that he had not noticed anything unusual about Lady Wyatt's behaviour except that twice during lunch she had taken
a pill. He added that he did not know what the pill was for and had not asked. He stated that he was astonished
120
that anyone could think that Lady Wyatt might steal as she was a very wealthy woman who could afford to buy
anything she wanted.
The doctor's evidence (report)
Soames, the Wyatt family doctor, stated that he had been prescribing pills for Lady Wyatt for some time. She had
been suffering from regular bouts of depression. He said that a side-effect of the pill could cause erratic or unusual
behaviour though he knew of no case where moral judgement had been affected.
The store manager's evidence (report)
The store manager said that he did not know Lady Wyatt as a regular customer because he had only been in his
present job for two weeks. He said that the store lost hundreds of pounds worth of goods every week which was why
he had appointed a store detective in whom he had the greatest confidence. He added that it was not only the poorer
members of the community who resorted to shop-lifting.
The shop assistant's evidence (report)
The shop assistant said that she had worked at HalFs for seven years and knew Lady Wyatt as a regular customer.
On Wednesday morning Lady Wyatt had bought a belt and handbag and had paid by cheque. She said that Lady
Wyatt had behaved quite normally. She said that she hadn't seen Lady Wyatt trying on the scarf as the scarf counter
was on the opposite side of the store. She added that there had been two assistants on duty that morning and that
neither of them had left the department.
TASK 5. Read through the four reports again. Role-play Prosecution, De/ence and Witness. Try to recreate the
scene of presentation of evidence and cross-exam ination.
TASK 6. Work in groups You are the jury. Appoint a chairman to report back to the judge. You have to bring in the
verdict of "Guilty" or "Not Guilty".
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Revision
TASK I. Fill in the gaps.
1. A juror should keep an open____ all through the trial. 2. You
become a potential juror after your name is selected____ from voters
registration____ .3. A crime of graver nature than a misdemeanour is a
____.4. To____sb. means to find a person not guilty in a trial. 5. Civil
cases are usually disputed between or among___ , corporations or other
organizations. 6. The____of jury doesn't need to be____in civil cases.
7.The____ keeps track of all documents and exhibits in trial being the
judge's assistant. 8. The job of a juror is to listen to____ and to
decide____. 9. One who is engaged in a lawsuit is called a___. 10. Process
by which a lawyer questions a witness called to testify by the other side is
_.
.11. "____" is a phrase meaning "to speak the truth". 12. A juror
should not be influenced by sympathy or____ . 13. A____may sue a
____ for failure to pay rent. 14. A juror should not express his____to
other jurors before__
criminal offence is a and be
_ begin. 15. Formal accusation of having committed a
___ . 16. To be a good juror you should use your
17. The third stage of a trial is____ . 18. When a
has been reached the judge
the jury from the case. 19. A
member of jury panel must____promising to answer all questions truthfully.
20. To be eligible, you must: 1. be______ , 2.______ , 3. able to
_______ , 4. and if you ever _______ , you must have your
________ .21. Working hours of the jury may be varied to ____
witnesses coming from out of town. 22. Compromise agreement by opposing parties, eliminating the need for the
judge to resolve the controversy is called ___. 23. Trier of facts is a___or, in a non-jury trial - a___. 24. People
who don't meet certain
may be
from jury service. 25. The
helps to keep the trial running smoothly. The jury is in his custody.
TASK 2. Fill in the gaps.
1. When hearing the____the juror must take into account the____
of a witness, i.e. his ability to____ы . 2. Lawyers____ each side are
allowed to____when they consider sth. done improper under the____of
evidence. 3. Attorne> who represents the defendant is a____.4.____ is
any statement made by a witness under
in legal proceedings. 5.
means that the lawyer doesn't have to state a____
excused. 6. The party bringing the suit is called a _
disputes what the____has said in the paper called
testimony can be either oral____, or____. 9. The fifth step of a trial is
for asking the juror to be
___ . 7. The defendant
. 8. The forms of
122
called
, when the lawyers
10. The lawsuit is started by defendant's innocence is
__the case from their,
_ing a paper called a _
of view. 11. The
__unless he is proved____. 12. It is____
to judge to decide whether each____is valid or____.13. Following the
____of all the evidence, the judge____to the jurors on the laws that are to
guide them in their___on a____. 14. A____case is brought by the
state or the city against a person or persons accused of____a crime. 15. In
____cases people who have been____may sue a person or a company
they feel is responsible for____. 16. If the defendant has____not guilty,
the prosecution must prove his guilt to overcome the____ . 17. If the
objection was not valid, the judge will defendant in opposition to that of a
___ it. 18. Claim presented by a
is called
. 19. The
is conducted in
fashion.
elected by the jury should provide that__
20.____is a request by a party to excuse a specific juror for some reason.
21.
The____in trial decides the law, i.e. makes decisions on legal____.
22.
Unlike challenges for cause the number of____challenges is____.
23.
Most often in civil cases the party bringing the____is asking for money
____. 24. The plaintiffs____is greater in a criminal case than in a civil
case. 25. If the objection is valid, the judge will__
____way and my teacher is____, I will get a/an
it. 26. If I work in a mark!!!
Just for Fun
A jury consists of twelve persons chosen to decide who has the better
lawyer.
***
"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"
"Well, your Honour," said the witness, "I swore to tell the truth and
nothing but the truth, but every time I try, some lawyer objects!"
***
A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his
lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why
on earth didn't you reveal that fact at the trial?"
"Well," said the man, "I thought it might prejudice the jury against me."
123
A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his
lawyer and said, "What does that mean - acquitted?"
"It means," said the lawyer, "that the court has found you innocent. You are free to go."
"Does it mean I can keep he watch?" asked the client.
***
First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."
Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for defence!"
Glossary
acquit (v) - to find a defendant not guilty in a criminal trial. action (n) - proceeding taken in a court of law; also case,
suit, lawsuit, affidavit (n) - a written or printed declaration or statement under oath. answer (n) - a formal answer to a
complaint, in which the defendant
admits or denies what is said in the complaint. bailiff (n) - a court employee who among other things maintains
order in
the courtroom and is responsible for custody of the jury. burden of proof (n) - measure of proof required to prove a
fact.
Obligation of a party to prove facts at issue in the trial of a case. case (n) - any proceeding, action, cause, lawsuit or
controversy initiated
through the court system by filing a complaint, petition, indictment or
information.
cause of action (n) - a legal claim. challenge for cause (n) - a request by a party that the court excuse a
specific juror on the basis that the juror is biased. chambers (n) - a judge's private office.
charge (n) - formal accusation of having committed a criminal offence. claim (n) - the assertion of a right to money
or property. clerk of court (n) - an officer of the court whose principal duty is to
maintain court records and preserve evidence presented during a trial. closing argument (n) - the closing statement,
by counsel, to the trier of
facts after all parties have concluded their presentation of evidence. complainant (n) - one who makes a complaint.
Same as "plaintiff. complaint (n) - 1. (crim.) formal written charge that a person has
committed a criminal offence. 2.(civ.) initial document entered by the
plaintiff which states the claim against the defendant.
124
coiTvict (v) - to find a person guilty of a charge. convict (n) - one who has been found guilty of a crime or
misdemeanour; usually referred to convicted felons or prisoners in
penitentiaries.
- conviction. counterclaim (n) - claim presented by a defendant in opposition to, or
deduction from, the claim of the plaintiff. court reporter (n) - person who records and transcribes the verbatim
testimony and all other oral statements made during court sessions. cross-examination (n) - process by which a
lawyer questions a witness
called to testify by the other side in the case. damages (n) - compensation recovered in the courts by a person who
has
suffered loss, detriment, or injury to his person, property of rights,
through the unlawful act or negligence of another. defendant (n) - 1. (crim.) person charged with a crime. 2.(civ.)
person or
entity against whom a civil action is brought. defence attorney (n) - attorney who represents the defendant.
deposition (n) - sworn testimony taken and recorded in an authorized
place outside the courtroom according to the rules of the court. direct examination (n) - process by which a lawyer
questions a witness
called to testify by his side in the case. evidence (n) - any form of proof legally presented at a trial through
witnesses, records, documents, etc. See expert evidence, exception (n) - a formal objection by one of the lawyers to
something
said or done by the judge, such as refusing to allow a question to be
asked. exhibit (n) - paper, document or other physical object received by the
court as evidence during a trial or hearing. expert evidence (n) - testimony given by those qualified to speak with
authority regarding scientific, technical or professional matters. felony (n) - a crime of graver nature than a
misdemeanour.
-felon (n). hearsay (n) - evidence based on what the witness'has heard someone
else say rather than what the witness has personally experienced or
observed. impeachment of a witness (n) - an attack on the credibility of a witness
by the testimony of other witnesses inadmissible (adj) - that which, under the established rules of evidence
cannot be admitted or received. indictment (n) - written accusation of a grand jury, charging that a
person or business committed a crime.
125
information (n) - an accusation for some criminal offence, in the nature
of an indictment, but which is presented by a competent public officer
instead of a grand jury. instruction (n) - direction given by a judge to the jury regarding the
applicable law in a given case. juror (n) - member of a jury. jury (n) - specific number of people (usually six or
twelve), selected as
prescribed by law to render a decision (verdict) in a trial. See trier of
fact, leading question (n) - one which suggests to a witness the answer
desired. Prohibited on direct examination. litigant (n) - one who is engaged in a lawsuit. litigation (n) - contest in
court, a lawsuit. misdemeanour (n) - criminal offences less than felonies; generally those
punishable by fine or imprisonment of less than 90 days in a local
facility. A gross misdemeanour is a criminal offence for which an
adult could be sent to jail for up to one year, pay a fine of up to
$1,000, or both. manslaughter (n) - See Ch. V motion (n) - oral or written request made by a party to an action
before,
during or after a trial upon which a court issues a ruling or order. objection (n) - statement by an attorney taking
exception to testimony or
the attempted consideration as evidence.
overrule (n) - court's denial of any motion or point raised to the court. parties (n) - persons, corporations, or
associations who have commenced
a law suit or who are defendants. peremptory challenge (n) - procedure which parties in an action may
use to reject prospective jurors without giving a reason. Each side is
allowed a limited number of such challenges. perjury (n) - making intentionally false statements under oath. Perjury
is
a criminal offence. plaintiff (n) - the party who begins an action, the party who complains or
sues in an action and is named as such in the court's records. Also
called a petitioner. plea (n) - a defendant's official statement of "guilty" or "not guilty" to
the charge(s) made against him. pleadings (n) - formal written allegations by the parties of their
respective claims. polling the jury (n) - a practice whereby jurors are asked individually
whether they agreed, and still agree, with the verdict preponderance of evidence (n) - the general standard of proof
in civil
cases. The weight of evidence presented by one side is more
126
convincing to the trier of facts than the evidence presented by the
opposing side. probable cause (n) - reasonable cause: having more evidence for than
against, a reasonable belief that a crime has or is being committed; the
basis for all lawful searches, seizures and arrests. prosecution (n) - 1. act of pursuing a lawsuit or criminal trial. 2.
the
party that initiates a criminal case. prosecutor (n) - the public officer in each county who is a lawyer and
who represents the interests of the state in criminal trials and the
county in all legal matters involving the county in criminal cases; the
prosecutor has the responsibility of deciding who and when to
prosecute. Also known as prosecuting attorney. reasonable doubt (n) - an accused person is entitled to acquittal if,
in the
minds of the jury, his guilt has not been proved beyond a "reasonable
doubt"; that state of the minds of jurors in which they cannot say they
feel an abiding conviction as to the truth of the charge. rebuttal (n) - the introduction of contradicting or opposing
evidence;
showing that what witnesses said occurred is not true; the stage of a
trial at which such evidence may be introduced. redirect examination (n) - follows cross-examination and is carried
out
by the party who produced and first examined the witness. reply (n) - pleading by the plaintiff in response to the
defendant's written
answer. search and seizure, unreasonable (n) - in general, an examination
without authority of law of one's premises or person for the purpose
of guilt to be used in prosecuting a crime. search warrant (n) - a written order, issued by a judge or magistrate in
the name of the state, directing a law enforcement officer to search a
specific house or other place for specific things or persons. Usually
required as a condition for a legal search and seizure. settlement (n) - 1. conclusion of a legal matter. 2. compromise
agreement by opposing parties in a civil suit before judgement is
made, eliminating the need for the judge to resolve the controversy. suit (n) - any court proceeding in which an
individual seeks a decision.
See case, testimony (n) - any statement made by a witness under oath in a legal
proceeding. tort (n) - an injury or wrong committed, with or without force, to the
person or property of another, which gives rise to a claim for
damages. transcript (n) - the official record of proceedings in a trial of hearing,
which is kept by the clerk.
127
trial (n) - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and
then decides the case.
trier of facts (n) - the jury or, in a non-jury trial, the judge.
verdict (n) - formal decision made by a trier of facts.
witness (n) - person who testifies under oath before a court or in a deposition regarding what was seen, heard or
otherwise observed.
128
Chapter V
Crime and Punishment
Unit I. Crime.........................................................................................128
Unit II. Punishment...............................................................................131
Unit III. A Policeman and the Criminal World..................................135
Unit IV. The World of Crime...............................................................143
Unit V. Language Activities. Let's Do Justice.....................................151
Revision................................................................................................154
Just for Fun...........................................................................................158
Glossary................................................................................................159
Unit I
CRIME TASK 1. Read the text, consulting the glossary where necessary.
Murder
The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and
progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an
eye for an eye and a tooth for a tooth
Many of these people think differently now. Three unarmed policemen have been killed in London by bandits who
shot them down in cold blood. This crime has drawn attention to the fact that since the abolition of capital
punishment crime - and especially murder - has been on increase throughout Britain. Today, therefore, public
opinion in Britain has changed. People who before, also in Parliament, stated that capital punishment was not a
deterrent to murder - for there have always been murders in all countries with or without the law of execution - now
feel that killing the assassin is the lesser of two evils. Capital punishment, they think, may not be the ideal answer,
but it is better than nothing, especially when, as in England, a sentence of "lifelong" imprisonment (a life sentence,
as it is called) only lasts eight or nine years.
129
All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains
- the problem of how to prevent murders. Some murders are committed by criminals evading arrest, by insane or
mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in
the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with
which these crimes are committed, and futhermore to stop the dangerous influence of violence in books, films,
television and other mass media, from which so many criminals derive their "inspiration".
TASK 2 Work т groups. Make a list of arguments for and against the following statements ] . Mild sentences are a
sign of a civilized society.
2.
Capital punishment is not a deterrent to murder.
3.
Armed policemen can perform their duties better.
4.
Scenes of violence in films encourage crime.
5.
Legalized selling of firearms stimulates murder.
6.
Legalized selling of firearms ensures security.
7.
The instinct to kill is basic to human nature.
TASK 3. Read the text
Crime in Great Britain
$
About 90 per cent of all crimes are dealt with by Magistrates' courts. Sentences (that is, the punishments decided by
the court) vary a lot but most people who are found guilty have to pay'a fine. Magistrates' courts can impose , fines
of up to £2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a
Crown Court vThe most severe punishment is life imprisonment: there has been no death penalty in Britain since
1965. , ^
The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. By
the end of that period the average prison population was more than 50,000 and new prisons had to be built as
overcrowding had become a serious problem. By 1988 the cost of keeping"^ someone in prison was over £250 per
week, which was more than the national average wage. \>
TASK 4. Find in the text the English equivalents for the following expressions.
^ V - уровень преступности; ^ j, - средний заработок;
9-6858
130
b - жестокое наказание; Ч - пожизненное заключение; С] - смертная казнь; V - признаны виновными; ^ содержание кого-либо в тюрьме; ^ - преступления рассматриваются в магистратских судах;
; - накладывать штраф; \1° - приговор;
The Survey of Crimes
. Match the words from the box with the definitions below.
131
drug smuggling; shop-lifting;
fraud; arson; theft.
hijacking;
kidnapping;
pickpocketing;
mugging;
a)
b)
c)
d)
they broke the window of his car and stole the radio;
they sold paintings that they knew weren't genuine masterpieces;
they illegally carried drugs into another country;
they held a pistol at the pilot's head and he had to do what they said;
e)
they set fire to the hotel;
f)
they took some things off the shelves and left the supermarket without paying for them;
g)
they took away the rich man's son and asked him for a lot of money; h) they hit the man on the head as he
was walking along the street, and stole all his money and credit cards;
i) they took her purse out of her handbag as she was standing on the crowded platform waiting for the train.
TASK 6. Look at this list of "crimes ". Try and rate each crime on a scale from 1 to 10. (I is a minor misdemeanour,
10 is a very serious crime). They are in no order.
driving in excess of the speed limit;
\ - common assault (e.g. a fight in a disco-club); I - drinking and driving;
malicious wounding (e.g. stabbing someone in a fight);
murdering a policeman during a robbery;
murdering a child;
causing death by dangerous driving;
smoking marijuanna;
selling drugs (such as heroin);
stealing £1,000 from a bank, by fraud;
stealing £1,000 worth of goods from someone's home;
rape;
grievous bodily harm (almost killing someone);
shop-lifting;
stealing £ 1,000 from a bank, by threatening someone with a gun;
possession of a gun without a licence;
homicide.
Unit II PUNISHMENT
The Purpose of State Punishment
TASK 1. Answer the questions.
1.
What does "The State Punishment" mean?
2.
What kinds of punishment do you know?
3.
How do you understand the purpose of State Punishment?
4.
How should the punishment be organized?
TASK 2. Make a list of ideas and proposals on the topic of State Punishment. Supplement your list with the ideas
you hear in class.
TASK 3. Complete the following text with the words or phrases from the box, using them in the appropriate form.
wrongdoer; deterrent;
law-abiding;
misdeeds;
reform;
crime doesn't pay;
barbaric;
retribution;
corporal punishment;
humane;
rehabilitate;
death penalty.
What is the purpose of punishment? One purpose is obviously to
(a)___the offender, to correct the offender's moral attitudes and anti-social
him or her, which means to assist the offender to
behaviour and to (b)
return to normal life as a useful member of the community. Punishment can also
be seen as a (c)____because it warns other people of what will happen if
they are tempted to break the law and so prevejtfs them ,from doingf so. , However, a third purpose of punishment
(ievperhaps^ in sdciety s desire for ^ (d)_____, which basically means revenge. In other words, don't we feel that я
f^ht Л, , — 11
132
(e).
be cotisidere
punishmentdfit the crim f, . t cc^-Q. . </ their own property ,to e.
For those who subject to the
£с£/ф.*Лы?1'» ^ &£>'
automatically receive .__
т
ffer for his (f)
_? The form of punishment should also 'n the one hand, some .believe ihat we should "make the
>,тч.
i- H4?'£
.1.
u
и u л №*№(: Иг
(Those who siealatrom others should be deprived of
IrevtW criminalsare left in no doub^ that (g)_____.
lers (h)___should be used/Muraefe*rsJ snould be
"an eye for an eye and a tooth for a tooth'r^and
i)____. On the other hand, it is said that such viewiP
d (j)_____ and that we should show a more
are unreasonable,
(k)____attitude to punishment and try to understand why a person commits a
crime and how society has failed to enable him to live a respectable, (1)_____
life.
Penalties in England
TASK 4. Read the text and examine the chart.
In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There
are maximum sentences for other crimes. Crimes are first heard by a magistrate who can either pass sentence, or
refer the crime to a Crown Court with a judge and jury. Here are maximum sentences for some crimes. Sentences
can be reduced for good behaviour, often by one-third or more. "Life sentences" are rarely more than 14 years, and it
would be possible to release prisoners after 7 years.
Crime
Magistrates' Court
Crown Court
Fine
Prison
Fine
Prison
Burglary
£1000
6 months
unlimited
14 years
Grievous bodily harm
£1000
6 months
unlimited
5 years
Possession of firearm
£1000
6 months
unlimited
5 years
Possession of cannabis
£500
3 months
unlimited
5 years
Common assault
£200
2 months
—
—
"Going equipped for
£1000
6 months
unlimited
3 years
stealing"
Murder
—
—
life imprisonment
TASK 5. These are the general types of punishment in England Give a Russian equivalent for each of them. Which of
these punishments exist in your country? Discuss this in your group.
Prison
Suspended sentences', the offender does not go to prison unless he or she commits another offence;
Probation: normal life at home, but under supervision;
133
Youth custody in special centres for young adults; Short disciplinary training in a detention centre; Community
service: decorating old people's houses, etc.; Compensation: paying, or working for, one's victim; Fines: the
punishment in 80 per cent of cases; Disqualification from driving; Fixed penalty fines: especially for parking
offences.
TASK 6 Work in pairs and discuss the following.
1. Which punishment do you think is appropriate for each of the following crimes?
a)
murder of a policeman;
b)
vandalizing a'telephone box;
c)
drinking and driving, without causing an accident;
d)
robbing a supermarket with a gun;
e)
stealing goods from a shop ("shop-lifting");
f)
parking a car illegally.
2.
Match these actual sentences from British courts with the crimes in question 1.
a)
five to ten years in prison;
b)
a small fixed penalty fine;
c)
life imprisonmfint; (^
d)
a £400 finejjEb
e)
a £200 fine amrclisqualification from driving;
f)
100 hours of community service. \K
3.
Turn to the list of crimes (see "the survey of crimes" Task 6). Try to find the proper penalties for
those crimes. Discuss which of you is the harsher
R judge?
TASK 7. Work in groups and find six arguments for and against the death penalty. In the discussion, use the
following forms of agreement and disagreement:
Exactly!
That's it!
By no means! -Nothing of the kind!
Just so!
You don't say so!
You bet!
•
I quite agree!
•
That's right!
•
Absolutely!
I don't think it's quite right... I disagree. Absolutely wrong! Rubbish!
134
TASK 8. Newspaper discussion
a) Read this article and find synonyms for the following expressions from the text.
burst into tears;
respectable;
shop-lifting;
youngster;
,. л< PQt4 £
fhghf
b) Tell this story as if you were:
Samantha;
store detective;
police officer.
I<ef off iwitli n caution
1 Fourteen year/old Samantha was lucky this time. Caught by a store detective with a bottle of hair
conditioner, eye-lash dye, and a copy of Young Generation hidden in her bag, she found herself in a van
being driven to the police station. |Even more upset than Samantha was her Mum. She was as white as a
sheet when she went to collect Samantha from police station, and burst into tears.
Samantha says, "I was lucky. Two policemen came and looked at my home, which is very middle class
and respectable. I think that's why they let me off. They even asked to see my school books."
After two years of regular shoplifting, Samantha has decided to go straight from now on She says she did
it mostly out of boredom, and not to impress her friends as a tot of youngsters do. But she feels she's
grown out of it after the fright she got the other day, and has decided to took for other interests.
[The Evening Post]
TASK 9. Translate this article into Russian. Write a list of measures that a store owner should take to prevent shoplifting.
Big London stores do not like Discussing changing patterns in shoplifting, presumably for fear of alarming
their customers. One store says it never reveals information about customers or staff. Another says it
does not keep records of violent incidents relating to shop-lifting and is
unable to comment. However, security officers in some of the stores have revealed that violence has
become increasingly common when dealing with shop-lifters.
The security officer of one London branch stores has been assaulted six times by shop-lifters,
135
uffering a broken nose and a dislocated jaw in separate incidents. He says that if you go after the gangs,
they go after you. Sometimes, you can recover the goods, but usually the gangs are too welt-organized to
hang
around until the police get to the scene. This kind of incident is definitely on the increase. An efficient
deterrent must be found. [The Daily Record]
Unit III A POLICEMAN AND THE CRIMINAL WORLD
TASK 1. Read the text and answer the questions below.
On tape that follows we speak to a Superintendent of Police. That is a very high position. He is responsible for the
direction of the police in a very large area. He tells us about his feelings towards various types of criminals. He
describes his reactions to the terrible case in London in 1966 when three policemen were all shot dead at the same
time. British policemen are not normally armed. He tells us how he and other policemen feel about this and also
what happens when the police catch a man who has killed another policeman. Finally he describes what happened
when he had to face a violent dangerous man.
1.
What is the Superintendent responsible for?
2.
What does he describe?
TASK 2. Match each word and phrase on the left with the correct definition on the right
a)
part and parcel of
b)
affinity with
c)
a hard-core minority
d)
they have a sneaking regard for them
1.
they almost like them even though they feel they shouldn't
2.
a small number of very "hard" cases
3.
a basic part of
4.
a feeling of very close sympathy
136
TASK 3. Listen to part 1 of the tape Make notes while you are listening to be able to answer the following questions
*' The Superintendent mentions a criminal who "has become part and parcel" of the station. How has this happened?
2.
What do you think he means when he says this criminal is "always in"?
3.
What does he feel towards this type of criminal?
4.
Who is "Old Fred". Say what he does, when, and why.
5.
What does the Superintendent mean by "the other end of the scale"?
6.
How does he describe the second type of criminal and how does he feel towards them?
TASK 4. Transform the sentences according to the model
MODEL: There are criminals. Policemen have a sneaking regard for
them.
There are criminals who policemen have a sneaking regard for.
a)
Old Fred is a man. The Superintendent has an affinity with him.
b)
There are some criminals. The police get on well with them.
c)
There are others. The police have a special hatred for them.
d)
These are the children. You have to take care of them.
e)
This is the man. You ought to pay the money to him.
MODEL: He's been caught many times. He's become part and parcel of
the station.
He's been caught so many times that he's become part and parcel of the
station.
a)
He's been in many prisons. He knows them all.
b)
The police meet many people. They can tell when someone is lying.
c)
He's been before the Magistrates many times. They recognize him immediately.
d)
Old Fred has been in prison many times. He does not know how to live outside, j^
^°
e)
He's lived in-many countries.»-He has made friends all over the world.
TASKS Work т groups Prepare your arguments for the questions below.
1.
Why do you think the Superintendent has an affinity with some types of criminal and not
with others.
2.
What makes "Old Fred" prefer to go to prison than stay outside?
137
TASK 6. Listen the Part 2 of the tape.
In 1967 three policemen were shot dead at the same time one afternoon. The Superintendent describes his reactions
and also what happens when they catch the men who do such things.
TASK 7 Match each word or phrase on the left with the correct definition on the right.
a)
sheer anguish
b)
on this sale
c)
bend over backwards
d)
scrutiny
e)
fair
f)
ordinary
1.
non exceptional, commonplace
2.
close inspection
3.
free from self-interest, honest
4.
extreme mental pain and unhappiness
5.
to be so careful and considerate that it is almost ridiculous >.
6.
here, "so many"
TASK 8. Answer the questions
1.
Why was he shocked when the policemen were killed?
2.
Had policemen ever been shot before? What exactly is said about this?
3.
What do the police do when they catch a man who has killed a policeman?
4.
Why do they do this?
TASK 9 Transform the sentences according to the model.
MODEL: My first reaction was one o/sheer anguish, (first impression/ deep despair) My first impression was one
o/deep despair.
a)
first reaction/profound shock
b)
next feeling/complete amazement
c)
initial reaction/utter disbelief
d)
main impression/deep bitterness
e)
final reaction/sheer boredom
MODEL: This country had reached a stage... Its policemen could be
shot.
This country had reached a stage where its policemen could be shot.
a)
He reached a stage. He just couldn't go on running.
b)
He didn't want to reach a stage. He might lose his temper.
c)
The world may reach a stage. There won't be enough food.
d)
Work hard and your English will reach a stage. It will be perfect.
e)
Britain may reach a stage. Its policemen will carry guns.
138
f) Education in Britain has reached a stage. More money will have to be spent.
TASK 10. Work in pairs and discuss the following.
1. What do you think should be done with people who kill a
policeman?
Discuss reasons for:
a)
putting them in prison, possibly for life;
b)
executing them.
2. How would you react if you were the policeman who arrested a man who had killed another policeman? What
would you want to do? Why?
TASK 11. Listen to Part 3 of the tape.
British policemen are not normally armed. That is, they do not carry guns. The Superintendent describes how
policemen feel about this.
TASK 12. Match each word or expression on the left with the correct definition on the right.
a)
anus
1. marked by extreme force or sudden intense
activity
b)
honestly
2. to make use of sth.
c)
average
3. weapons
d)
foreign to his nature 4. in a way that is free fraud or deception
e)
resort to sth.
5. the setting of differences through consent reached
by mutual concessions
f)
violent
6. not out of the ordinary, common
g)
compromise
7. something he would naturally never do
TASK 13. Answer the questions.
1.
At the very beginning the Superintendent says. "I honestly think the average policeman never thinks
about it." What does his phrase mean here?
2.
What does he say the average policeman feels about the average Britisher?
3.
What does he say about "certain elements in the criminal world"?
4.
Who exactly are the "certain elements"?
5.
What reason does he give for saying "We are not a violent nation"?
139
TASK 14. Listen to the tape.
"Of course, it is true to say that there are certain elements in the criminal world that are resorting to firearms."
1. Does the phrase "It's true to say that" mean: a) You're stupid if you cannot understand this.
b)
I'm not lying!
c)
On the other hand.
2. Put "Of course, it's true to say that..." between these pairs of sentences.
a)
Most British people trust the police. There are certain exceptions.
b)
On the whole the police don't like firearms. Some policemen want guns.
c)
He's a very good manager. He has made a few bad mistakes.
d)
Policemen in Britain rarely need guns. Every policeman knows how to use one.
e)
The police are pretty honest. There are always a few who are not.
Listen again to the tape. "As a nation, we love compromise, don't we? "
1.
Does the Superintendent expect agreement or is he asking real questions?
2.
Transform the following in the same way with the same intonation: MODEL: We are a nation. We
love compromise. "As a nation, we love compromise, don't we?"
a)
"Manchester United" are a team. They are unbeatable.
b)
We are a company. We have to think of our employees.
c)
The police are a public institution. They have to be beyond criticism.
d)
Policemen are a group. They have to accept danger.
e)
Britain is a country. It will have to export more.
TASK 15. Discuss the following.
1.
What are the advantages and disadvantages of policemen being armed?
2.
Why are the police armed (or not armed) in your country?
TASK 16 Listen to part 4 of the tape.
The Superintendent describes what he did once when he faced a violent man.
140
TASK 17. Match the -words and expressions on the left -with the apprropriate definitions on the right.
a)
eventually
b)
threatening
c)
particular
d)
have a chat
e)
trust
f)
pompous
g)
common denominator
1.
a sense of understanding, of having sth. in common with another person
2.
self-important, pretentious
3.
after a while
4.
confident belief in or reliance on
5.
have a pleasant, informal, casual conversation
6.
specific
7.
indicating imminent danger or harm
TASK 18. Answer the questions.
1.
Why did the Superintendent have to go to the house?
2.
What was the man doing when the Superintendent had to deal with him?
3.
Describe at least three of the things the Superintendent did.
4.
What does he say you must try and do with such a man?
5.
Why does the Superintendent say "I hope this doesn't sound pompous"? Think of possible
consequences.
6.
What are his last comments here?
TASK 19. Transform the sentences according to the model.
MODEL: You just go and sit there, (have a chat) You just have a chat.
a)
hope for the best
b)
do what you can c)take a chance
d)
try to get his confidence
e)
persuade them to listen
MODEL: Does this sound pompous? I hope not. I hope this doesn't sound pompous.
a)
Does this sound stupid? 1 hope not.
b)
Does this seem impossible? We hope not.
c)
Does this seem reasonable? We hope not.
d)
Does this sound a good idea? I hope so.
e)
Does this sound absurd? I hope not.
141
TASK 20. Discuss the following.
1.
What difference would it have made if the Superintendent had had a gun?
2.
What difference would it have made if the man had had a
gun?
TASK 21. Read the text and answer the questions below.
The British police officer - sometimes called the "bobby" after Sir Robert Peel, the founder of the police force - is a
well-known figure to anyone who has visited Britain or who has seen British films. Policemen are to be seen in
towns and cities keeping law and order, either walking in the streets ("pounding the beai^or driving in cars (known
as "panda cars" because of their distinctive mamngs). Few people realize, however, that the police in Britain are
organized very differently from many other countries.
Most countries, for example, have a national police force which is controlled by central Government. Britain has no
national police force, although , ^ police policy is governed by the central Government's Home Office. Instead, there
is a separate police force for each of 52 areas into which the country is divided. Each has a police authority - a
committee of local county councillors and magistrates.
The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless
they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief
Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force,
based at New Scotland Yard - known simply as "the Yard".
In most countries the police carry guns. The British police generally do not carry firearms, except in Northern
Ireland. Only a few police are regularly armed - for instance, those who guard politicians and diplomats or who
patrol airports. In certain circumstances specially trained police officers can be armed, but only with the signed
permission of a magistrate.
All members of the police must have gained a certain level of academic qualifications at school and undergone a
period of intensive training. Like the army, there are a number of ranks: after the Chief Constable comes the
Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make
up about 10 per cent of the police force. The police are helped by a number of Special Constables - members of the
public who work for the police voluntarily for a few hours a week.
Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they
do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens, Their job is to
142
make sure that drivers obey the parking regulations. They have no other powers - it is the police who are responsible
for controlling offences like speeding, careless driving and drunken driving.)
The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with
lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.
1.
Who was the founder of the British police?
2.
Is there one police force, organized by central Government?
3.
In what situations can the policemen carry arms?
4.
What are the ranks of the policeman.
5.
What are the duties of traffic wardens?
6.
What is Scotland Yard and what does it do?
TASK 22. Read the text and fill т the gaps -with the appropriate words from the previous text.
In Britain different areas have different (a)
. For instance, the
Metropolitan police operate in London, but there are different police forces in the counties outside London.
The top man in each police force is (b)______. He is appointed by
the local Watch Committee which is a (c)______of the local government.
The Watch Committee can dismiss him, too, if the central government agrees. The Chief Constable appoints all the
(d)_____below him in his force.
Things are slightly different in London. The top man is known as the Metropolitan Police Commissioner and his
appointment is arranged through the central government.
British police are normally not (e)_____. In special cases, when their
work becomes dangerous, they can be given (f)______however.
As is well known, the (g)______of the British policeman is blue,
with a tall helmet. These days, though, you can see a different uniform in the
streets. This is the uniform with the yellow hatband worn by (h)______.
Their job is simply to control traffic and (i)______.
The most famous name connected with the British police is
(j)______. It is the headquarters of the London police force. Besides dealing
with local police matters, the London police also help all over England and Wales with difficult crimes. They do this
at the request of the local police.
TASK 23. Using the information of the Unit, summarize the topic "Police".
143
Unit IV THE WORLD OF CRIME
Bank Robbery
TASK 1. Look at this picture and read the text.
Z>o yen* know tluls
Photofit of the suspect
Police are searching for a man who is wanted for questioning about a string of burglaries in the
Manchester area, which they suspect may be connected.
In the first of two recent incidents, a man tied up a woman in
her own house in the early hours of the morning and escaped with goods valued at around £2,000. They
included items of jewellery, a stereo, a video recorder and a colour TV set. She managed to free herself,
unhurt, after he fled. She described him as white, around 5'8", in his late twenties, well-built, cleanshaven, with a pointed nose and straight dark hair.
Two days later a man wearing a stocking mask broke into a factory in the same area and got away with
cash of around £3,000. A man fitting the description above was later seen driving away from the scene in
an old blue Escort van.
Police warn that this man could be armed and therefore dangerous. They have issued the photofit picture
above and ask the public to contact; them immediately if they have any. information.
i
TASK 2. Find in the text the English equivalents for these words and expressions.
наличные деньги;
допрос;
вооружен и, следовательно, опасен;
подозреваемый;
кража со взломом;
полиция разыскивает;
144
фоторобот;
маска-чулок;
ворваться;
человек, соответствующий этому описанию;
место преступления.
TASK 3. Find m the text the description of the criminal and compose an opposite one e g. "She described him as
black, very tall "
TASK 4 Listen to the tape
There have been several bank and post office robberies recently. The police are investigating the crimes and they
would like to interview two men and one woman who were seen near two of the banks last week. The police officer
is describing to journalists at a press conference the three people they would like to interview. Use the information
you hear to help you to complete these drawings of the three people.
TASK 5. Listen to Tony talking about the experience he had, and answer the following questions 1 • What kind °f
robbery was it?
2.
Was it a successful robbery?
3.
How did Tony feel a) during it? b) after it?
Listen again and fill in the following notes, which the police took during their interview with Tony a few days later
145
a)
What time of day was it?
b)
Where was the bank?
c)
How many customers were in it?
d)
What was Tony doing when the robbers arrived?
e)
How many robbers were there?
f)
What were they wearing?
g)
What were they carrying? h) What did the robbers say? i) What did people do?
j) How did the robbers get the cash?
k) What did they say when they were leaving?
1) When did the police arrive?
m) What did Tony do next?
TASK 6 Fill this story about a bank robbery with the appropriate phrasal verbs in the correct tense The meaning of
each verb is given m brackets Choose the appropriate phrasal verb from the box below
The bank robbery
«^Yesterday, robbers (a)
___ (forced an entry into) the National
Midland Bank in the High Street soon after closing time^They (b)_____
(threatened with guns) the staff, and forced the manager tc|(c)_____(give
them) £50,000 in cash. The robbers ran out of the bank and$(d)_____
(escaped) in a stolen car, and were last seen£(e)_____(going in the direction
of) the London Road. Police have warned the public that these men are very dangerous, and are unlikely tcffif) V
(surrender) without a fight. Said Chief Inspector Ralph Smith: "We're sure that we'll catch them soon. They won't f
(g)_____(avoid punishment for) it".
make off; 3 get away with; У break into; give up; у hold up;_____^ make for.
7 hand over;
TASK 7 Look at the following expressions used by criminals Match each expression with its synonym given below.
1.
Fred's been sent down for 10 years for armed robbery.
2.
Now John's out of prison, he's determined to go straight, i
3.
Haven't you heard about Mary9 Stye's been done for pinching a gold bracelet from a shop.
С
4.
He came clean as soon as the police caught him. "
5.
Uncle Fred has done his time and now he's a free man. 6
146
a)
admit committing the crime
b)
sent to prison
c)
prosecuted
d)
finish a prison sentence
e)
stealing
f)
stop breaking the law
TASK 8. Retell the story about the bank robbery as if you -were:
one of the criminals
_ a detective investigating the case
the clerk of the bank
one of the bank guards
TASK 9. Work in groups and discuss the following.
Have you ever been involved in any kind of robbery?
TASK 10 Find in Russian or British newspapers criminal reports about robberies. Present them in class
A Case of Murder
TASK 11. Read the text.
At the age of forty-two, Kurt Hofmann, a German businessman, was given a very high position in a large company
in Zurich, Switzerland. He took the job as head of the marketing department even though he had not had direct
experience in this type of work before. He was very ambitious and really wanted this well-paid job. The company
gave him the job even though they knew it was a "problem" position.
After about six month it was clear that Mr. Hofmann was under a lot of stress.
TASK 12. Work with a partner and number these stress factors 1-10, starting with 1 as the most serious.
_his job was beyond him, he just couldn't do it;
_his colleagues, five men in particular, disliked him and told
everyone how bad he was at his job;
_his superior didn't help him at all;
_his wife left him;
147
_his girlfriend refused to move to Zurich;
_^ he had to move away from the town where he had always lived;
_he was living in a foreign country;
_he worked at least twelve hours a day trying to do the job;
_^ there was no one at work he could trust;
,_he was living alone for the first time in his life.
TASK 13. Tell the group Mr. Hofmann's story up to the day when he committed a crime.
TASK 14. Read this press report from an the evening newspaper.
1ШСШЛ inarltetiiMi chief kill* four
The head of the marketing department at REGINA, Kurt Hofmann, shot five employees, killing four and
seriously injuring one, this morning. He escaped from the REGINA head office and has not been
found yet. He is armed and may be dangerous.
He was arrested a couple of weeks later in a hotel a few hundred miles away. When his trial took place
month later, lots of comments were made about him.
TASK 15. Imagine you are a witness for Mr. Hofmann's case Develop these ideas Persuade the court that he is
guilty (not guilty)
"I'm a handwriting analyst. Samples of his handwriting over the years show definite signs of instability."
"I work at REGINA. He should be put in prison for the rest of his life - every day of it."
148
"I'm a psychiatrist. I've examined Mr. Hofmann and I can definitely say that he is unable to cope with stress. He is
not a leader and probably never was."
"Mr. Hofmann lived in the flat upstairs.
He seemed such a nice man.
I can't understand it all.
I feel very sorry for him."
The consequences of that fateful day were:
-for Mr. Hofmann - seventeen years in prison;
-for his immediate superior - early retirement with a good pension;
-for four employees - death, leaving three widows and seven orphans;
-for one employee - disability for the rest of his life.
TASK 16. Work in groups of four to decide:
a)
if you think seventeen years was a fair sentence.
b)
if you think any other people were also partly responsible for what Mr. Hofmann did.
Give reasons for your decisions. c)What do you think will be the consequences of Mr. Hoftnann's long stay in
prison?
"I'm Going Straight!"
(the problem of long-term prisoners)
TASK 17. Answer the questions.
1.
Do you think imprisonment is the right method to help a criminal go straight? Prove your opinion.
2.
What crimes should be punished by imprisonment?
3.
What qualities can a person get rid of in prison (if any)?
149
TASK 18. Listen to the interview and explain some of Harry's words.
1.... we used to hang round there all day ...
2.... I ended up in Borstal...
3.... for beating up old ladies ...
4.... the worst thing is being shut up all the time...
5.... I can't stand setting up ... 6.... burglary mostly... 7.... I've admitted doing a lot of things ... 8.... spending half of
my life behind bars ... 9.... I'm hoping to qualify as mechanic. 10... That's a bit of a problem! 11... employing
someone with a record like mine.
TASK 19. Listen again and comment on the meanings of these words.
a)
a "nipper" is
b)
"juke box" is
c)
"Woolworth's" is
d)
"Borstal" is
TASK 20. Read Harry's interview.
1.
a pickpocket
2.
a shop-lifter
3.
a young guy
1.
a box of chewing gum
2.
a record player in a bar
3.
the radio
1.
a railway station
2.
a department store
3.
a police station
1.
a special centre for young offenders
2.
a famous theatre
3.
sea resort
In tonight's edition of Reflections we are going to look at the problems of long-term-prisoners. We took our cameras
into several prisons, and our first interview is with a man we shall call "Harry", although that is not his real name.
He spoke to Chloe West about his career in crime.
Chloe: Harry, you're serving a five year sentence for robbery with violence.
Harry: That's right.
Chloe: Perhaps you could begin by telling us about your early life.
150
Harry:
Chloe: Harry.
Chloe-Harry-Chloe:
Yeah. Well, I grew up in South London. 1 was on my own a lot; see, my mother used to work down the fish market,
and my dad - well, he ran off when I was just a nipper. Did you have any friends?
Oh, yeah. All the kids from our street used to meet up at the coffee bar. There was one at the end of the road. We
didn't have much money, so we used to hang round there all day. We never used to go to the cinema, or dancing, or
anything like that. We couldn't afford it. What did you use to do there?
Oh, we just sat around listening to the juke box. Nothing special. When did you start getting into trouble?
Harry I suppose I was fourteen, something like that. My friends used to go shoplifting at Woollies ...Woolworth's,
and one day we were caught. I ended up in Borstal. Chloe. You mean, they sent you to Borstal
for... for shop-lifting? Harry: Well, yeah. After the fourth time ...
and for beating-up old ladies. Chloe You used to beat-up old ladies? Harry: Well, only when I was trying to rob
them.
Chloe- You beat them up and then robbed them? Harry: Yeah. I used to do that. Chloe: Perhaps you'd tell me about
your life in prison.
Harry: I suppose the worst thing is being shut up all the time. Yeah, and I can't stand getting up at 5.30, either. I just
can't get used to that, even though I've been here more than three years. You see, before I came here I liked staying
in bed all morning. I was on night work, you see. Chloe. Night work? Harry: Mmm. Burglary, mostly. Hah-ha. I
caught you there. I can't get used to
going to bed at eight, either. Chloe. Harry, if you don't mind me saying so, a lot of viewers will think of you
as an enemy of society.
Harry- Well, that's fair enough. But I've admitted doing a lot of things. I've spent a lot of time thinking. I could keep
on stealing things, but I'd end up spending half my life behind bars. I'm going straight this time, don't you worry.
Chloe What do you intend doing when you get out?
Harry. I'm very fond of working on motor-bikes. I've been studying while I've been inside, and I'm hoping to qualify
as a mechanic.
151
Chloe: Do you think you'll be able to get a job?
Harry: That's a bit of a problem. People are scared of employing someone with
a record like mine, you know, for fear they begin stealing again. Chloe: How will you ge,t round that?
Harry: I'm planning on working for my brother. He's got a motor-bike shop. Chloe: So, you plan to work for your
brother? Harry: That's right. I tell you, I won't be back. I'm not going to risk wasting
another five years.
Chloe: Well, I wish you luck, Harry. Harry: Thanks.
Chloe West is a TV reporter - so she's made a TV programme about Harry. Imagine you are a newspaper reporter.
Write a short article for your newspaper about Harry.
TASK 21. Work in pairs and discuss the following points.
1.
Do you think Harry will really go straight? Prove your opinion.
2.
If you were in prison what wouldn't you be able to get used to?
UnitV LANGUAGE ACTIVITIES
LET'S DO JUSTICE
Law Breakers
TASK I. Match each word on the left with the appropriate definition on the
right.
ЛРК Л.'.О^ I.(ац, arsonjst о , . attacks and robs people, often in the street
'."§ shop-ljffta $ - sets fire to property illegally 3. a mugger®^ l(2J^f *s anyone who breaks the law |l l^an
iDffender^tMi^b/eaks into houses or other buildings to steal
5. a vandal
- steals from shops while acting as an ordinary customer
152
6.
a burglar
7.
a murderer
8.
a kidnapper • юГа Mckpocief ^
10.
ah accomplice
11.
a drug dealer
12.
a spy , , j
13.
a terrorist
14.
an assassin
15.
a hooligan
16.
a stowaway л .b^'ii'vu f#
17.
a thief
» «M
kills someone
deliberately causes damage to property
steals things from people's pockets in crowded places
gets secret information from another country
buys and sells drugs illegally
takes away people by force and demands money for their return
helps a criminal in a criminal act
uses violence for political reasons j.eauses damage or disturbance in public places
hides on a ship or plane to get a free journey
esi control of a plane by force and makes the pilot cnrargefjpourse
murders for political reasons or a reward
18.
a hijackerl^Q^A ^fji someone who steals p ^f ^ ( ^ ^x/ ^ ^_
19.
a forger
Q - makes counterfeit (false)' money or signatures
20.
arobbeAoAtffiVo»8a member of a criminal §гои»| | - С ^it^bblrtk*
21.
a smuggler
- steals money, etc. by force frofft people of places M " VP
22.
a traitoryjA^ g^^mar/ies illegally, being married already
23.
a gangster^Ms&f >• is a soldier who runs away from the army
23. Fdeserterto^pl" brings goods into a country illegally without paying tax 2$, a bigamisuT
-' betrays his or her
country to another state
$ v *j Let's Do Justice! (Role play)
ГЛЖ 2 Work in pairs Each pair consists of a criminal (choose your role from the list above) and a defence lawyer
STEP 1. The lawyer questions his client (the criminal) and finds out all the circumstances of the crime. STEP 2. The
lawyer delivers a speech trying to prove his client non guilty.
STEP 3. The rest of the group - the jurors - hold deliberations and bring in the verdict.
A Macabre Story
TASK 3. In the passage below, verbs are mainly given in the infinitive form; your task is to put them into the
appropriate tense or form
The moment she (to turn) the corner, Jill (to notice) that her front door (to stand) open. She definitely (to shut) it
when she (to go) out, and her flatmate, Louis, not (to say) that she (to come) this evening. Jill (to slacken) her pace,
(to think) what she (can) do. If she (to ask) her neighbours (to accompany) her and it (to turn out) that there (to be)
no one there, then she (to look) a fooL
153
On the other hand, if she (to enter) the flat alone, and (to find) an intruder there, it (can) end very badly.
"This never (to happen) to me before," Jill (to think), "and I (to hope) it never (to happen) again."
TASK 4. Continue the story as if you were
Jill
her neighbour
her flat-mate
the person inside
Be a Detective
TASK 5. Read the end of a detective story
So, one foggy November night, Mr. X, wearing a long overcoat, walked along a back street in Liverpool with a box
under his arm. He came to a house, put his box down on the ground, and knocked at the door. When a man opened
the door, Mr. X picked up the box and gave it to him. The man in the house nodded, took the box, and closed the
door. Mr. X walked away.
Two days later, Mr. X read in the newspaper that a dead body had been found in a Liverpool park with its left arm
missing and he was extremely shocked.
How did it all start? You can find out the whole previous story by asking your teacher yes/no questions. In order to
get the right train of thought find out the following.
1. Find out the relationship between the
two men.
2.
Think about the size ot the box and what was in it.
3.
Why did Mr. X put the box on the ground before knocking on the door?
4.
What was significant about the dead body?
154
155
Revision
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TASK 2. Complete the following sentences with the words and phrases from the box.
, >ЛГ^
arrested; f
in custody; \o
defence; /sP
solicitor;^
evidence; (/
barrister; *J
verdict; J
proof; A -2
witness;^/
fme;V
charged ;/ 5
testimony; z г
juvenile delinquent; 5 sentenced;^
arson; / з Ш ^ ^
ball ; f
Magistrate's Court; /<" burglary; <? ^
prosecution; *
probation; (£
imprisonment, г/"
commit;*"
embezzlement; '*
shop-lifting; 5
Crown Court; tf
crimes has"risen shafp
1.
The number of young people who
in recent years.
2.
Another house was broken into last week. This is the third _ in
the area in the past month.
3.
The judge №
him to seven years' *$
for armed robbery.
4.
After twelve hours, the Jury finally reached its . j>
: the prisoner
was guilty.
л.40^4^
ioM-t
5.
Although the police suspectedJhat he had been involved in the
robbery, since they had no aefraite Д
there was nothing they could do about it.
6.
He parked his car in the wrong place and had to pay a £20 parking
7. This is the fourth fire in the area recently. The police suspe
by the police outside a pub in Soho and
- . <3 for minor
8.
Theshop decided to install closed-circuit television in an effort to
cimbat the problem of
9.
He was _(______
IЬ
with murder.
10.
There are two criminal courts in Britain - the 1*) offences and the____iff
for more serious ones.
11.А
Ъ
12.
A___«M
13.
The lawyer who prepares the case for his or her client prfo'r to
fVu rLOlLM.
^
appearing in court is called a <l______. The lawyer who
is a young person who breaks the law.
is someone who sees a crime being committed, ижд^*'
actually presents the case in court is called a
14. The sum of money left with a court of law so that a prisoner may be set free until his or her trial comes up is
called QL
156
15.
The bank manager, aomitted taking £250,000 of the bank's money
Ь-^Ь- r^l/C^A &
^""f
during the previews five years. He was found guilty of (<| e6
16.
The witness held the Bible in her right hand and said: "I sweaTby Almighty God that the
И_____I shall give shall be the
truth, the wholejruth, and nothing but the truth." 1. The formal statement made by a witness in court i
17.
The formal sMement made by a witness in court is called a____
18.
If a person is t<?_______5 this means that he or she is put in
prison before his or her trial comes up.
19.
Since it was his first offence, he was not sent to prison but put on
' ^ for 6 months.
20.
At a trial, the barrister who speaks for the accused is called the Counsel for the г
, while
the barrister who speaks against him is called the Counsel for the___/ ^_____.
TASK 3. Complete the following sentences with the words and phrases from the box.
A. Police
walkie-talkie; join;
plain clothes;
detective; uniform.
police force; rank;
policeman;
Alan is now old enough and tall enough to (a)_____the (b)
At first, of course, he'll be an ordinary (c)_______ of the
(d)__
. He'll wear a (e)
with the police station with his (f)__
in (h)_______investigating serious crimes.
B. Security Work
lowest
and go out in the streets keeping in touch __. Then he'd like to be a (g)_____
guards;
tap;
armoured vehicles; bullet-proof;
kidnappers; couriers bug; security firm;
private detectives.
I run a (a)_____which offers a complete range of security services.
We have (b)____with special (c)____windows to transport money and
other valuable items. We can supply trained (d)____to protect exhibits at art
shows and jewellery displays. We can advise you if you think someone is trying
to (e)____your phone or (f)_____your private conversations at home or
in the office with hidden microphones. We have ex-policemen whom you can
hire as (g)_______and special (h)_____to deliver your valuable parcels
anywhere in the world. We can protect you or your children against possible (i)______•
157
C. Military Service
army;
compulsory;
forces;
navy;
promotion;
officer;
volunteers; air force.
In some countries military service is (a)_____. All young men and
sometimes young women must spend a year or two in the (b)______. (In
Britain they don't have to. All members of the armed services are (c)____).
To be a soldier you join the (d)____, to be a sailor you join the (e)_____
and to be an airman you join the (f)_____. If you are good at your job and
can take responsibility, ybu might get (g)____and become an (h)______.
D. Arrest
theft;
pleaded;
fingerprints;
found;
cell
evidence; arrest;
oath;
investigate;
sentence; charge;
detained;
fine;
court;
magistrate;
handcuff;
witnesses;
A policeman was sent to (a)
the disappearance of some
v_.x_________ MIV v»i jtippvcu aiiV't VJl SUIIIC
property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a
camera and some cash. When the policeman
tried to (b)____ the boy, he became violent and the policeman had to
(c)_____him. At the police station the boy could not give a satisfactory
explanation for his actions and the police decided to (d)_____him with the
(e)____of the camera and cash. They took his (f)______, locked him in a
(g)
(0.
guilty. Two (m) staff, gave (n) (o)__
and (h) __
before the (j)
him overnight. The next morning he appeared in . He took an (k)____and (1)__not
_, the owner of the property and a member of the hotel . After both sides of the case had been heard the boy was
guilty. He had to pay a (p)____of £50 and he was given a
(q)____of three month in prison suspended for two years.
E. Law and Punishment
detective; plain clothes; jury;
warders;
inquest; death
coroner; verdict;
solicitor;
trial;
penalty.
a)
If you want legal advice in Britain, you go to a_____.
b)
At the end of the_____, the judge ordered the twelve men and women of
the____to retire and consider their_____, guilty or not guilty.
c)
Men or women who look after prisoners in prison are called prison officers or
158
d) If a person dies in unusual circumstances, an court, and the "judge" is called a_____.
is held at a special . He wears
e)
A policeman who investigates serious crime is called a _ ___, not uniform.
f)
In some countries murderers are executed but other countries have abolished the
F. Sentences
before; in; to; of; with.
a)
He's being kept__
b)
He was sentenced
c)
She got a sentence
d)
He was accused_
custody.
___five years.
six months.
murder, theft.
handcuffs.
e)
She's been charged____
f)
He appeared____court______
g)
They were brought_____the judge.
h) The jury reached a verdict_____guilty.
Just for Fun
A beautiful blonde walked into a Chicago police station and gave the desk sergeant a detailed description of a man
who had dragged her by the hair down three flights of stairs, threatened to choke her to death and finally beat her up.
"With this description we'll have him arrested in no time," said the desk sergeant.
"But I don't want him arrested", the young woman protested. "Just find
him for me. He promised to marry me."
***
A man sentenced to death was being taken to the execution place in very nasty weather.
"What lousy weather", he remarked.
"You are not the one to grumble", commented one of the escort.
"We've got yet to go back".
***
After an incident in Croydon involving a prison van and a concrete mixer, police are looking for eighteen hardened
criminals.
The Two Ronies, BBC TV
159
***
Thieves respect property; they merely wish the property to become their property that they may more perfectly
respect it.
O.K. Chesterton, The Man Who was Thursday, 1908
***
Eth: A professional burglar! Mr. Glum, you told me Ron's Uncle Charlie was a biologist.
Mr. Glum: All I said was, he studies cell structures.
*
F.Muir, D. Nor den, The Glums,
London Weekend TV, 1978
***
Murder is always a mistake... One should never do anything that one cannot talk about after dinner.
Oscar Wilde, The Picture of Dorian Gray, 1891
***
Eric: It was the corpse. He had a gun in his hand and a knife
in his back. Who d'you think poisoned him?
Erine: Who?
Eric: Nobody. He'd been strangled!
E.Morecambe, E. Wise,
The Morecambe and Wise Joke Book, 1979
***
Marriage is not a word. It is a sentence.
Storry's principle of criminal indictment
The degree of guilt is directly proportional to the intensity of the denial.
Glossary
accident (n) -1. an unusual, unexpected or unforeseen event
2.
calamity, casualty, catastrophe, disaster.
3.
any unpleasant or unfortunate occurrence that causes injury, loss, suffering or death.
accomplice (n)-one who helps a criminal in a criminal act. accuse (v) - see Ch.I. appoint (v) - see Ch.I.
arson (n) - the criminal act of setting fire to property in order to cause destruction.
- arsonist.
v
assassinate (v) -to murder sb. for political reasons or a reward.
assassin (n) - one who murders sb. for a reward or political reasons.
160
161
assassination (n). assault (n) -1. a violent physical or verbal attack.
2. an attempt to do or immediate threat of doing unlawful personal
violence.
-assault (v). bail (n) (bond) - money paid by the accused to be released from custody
until the trial.
burglar (n) - one who breaks into houses or other buildings to steal. capital punishment - See Ch.IV. cell (n) - a
small room in prison for one or more inmates. commit (v) - see Ch.I. community service (n) - unpaid work for the
benefit of the community
done by the offender as punishment. compulsory (adj) - obligatory, mandatory, enforced. crime (n) - violation of
law, a grave offence. criminal - see Ch. I. custody (n) - confinement or imprisonment.
police ~.
legal ~.
detain in ~.
keep in ~. damage(s) (n) - see Ch.IV.
detain (v) - to hold or retain in custody.
detention (n).
preventive detention.
detainee (n)- a person held in custody, esp. for political reasons. detective (n) - a policeman or other person engaged
in investigating crimes or getting information that is not readily accessible.
private ~.
deterrent (n) - anything which impedes or has a tendency to prevent
(e.g. punishment is a deterrent to crime). embezzle (v) - to appropriate (e.g. property entrusted to one's care)
fradulently to one's own use.
embezzlement(n). enquiry (n) - see inquiry.
execute (v) - 1. to put completely into effect.
2. to put to death (legally) as punishment.
execution (n) - 1. putting into force.
2. putting to death as punishment. felony (n) - see Ch. IV. fine (v) - to sentence a person convicted of an offense to
pay a penalty in
money.
fine (n) т 1. a sum payable as punishment for an offense.
2. a forfeiture or penalty paid to an injured party in a civil action. fingerprints (n) - impression of the lines of a
fingertip taken for
purposes of identification. forge (v) - to fabricate by false imitation, to counterfeit.
— a cheque, document, money, signature.
-forger (n)^
forgery (n) - 1. act of making a false or counterfeit document, money,
etc.
2. forged document, banknote, etc. fraud (n) - 1. sth. that is not what it seems to be.
2. anything intentionally calculated to deceive.
-fraudulent (adj). guard (v) - 1. to protect from danger, to make secure.
2. to watch over so as to prevent escape, entry, theft, etc.
guard (n) - a person or a body of men whose duty is to protect a
place, people, etc.
bodyguard (n).
safeguard (n). guilty (adj) - see Ch.I.
handcuffs (n) - a pair of metal rings connected by a chain for locking
round criminal's wrists.
handcuff(\).
homicide (n) - the act of killing a human being. illegal (adj) - not authorized by law. imprison (v) - to put into prison.
imprisonment (n), life ~. inquest (n) - judicial inquiry, esp. by a coroner, into the cause of a
sudden, unnatural or unusual death. inquire (v) (into) (also enquire) - to request for information, to
investigate.
inquiry (n) (also enquiry).
* ~ agent (n) - private detective.
investigate (v) -1. to make a systematic examination or study. 2. to conduct an official inquiry.
~ a case, a crime.
investigator (n).
investigation (n).
kidnap (v) - to seize or detain a person by force and often for ransom.
kidnapper (n).
kidnapping (n).
lawbreaker (n) - a person who violates the law.
11-6858
162
manslaughter (n) - the unlawful killing of a human without any malicious intent or deliberation, which may be
involuntary, in the commission of a lawful act without due caution.
misdemeanor (n) - see Ch.IV.
mug (v) - to assault, esp. in the street with indent to rob.
mugger (n).
murder (v) - to kill (sb.) unlawfully and intentionally.
to commit ~.
murderer (n).
murder (n).
oath (n) - a solemn promise to tell the truth.
to administer an ~.
to take an ~.
on/under ~
offence (n) - (US: offense) - see Ch.I.
penalty (n) - punishment legally imposed or incurred.
death ~ - capital punishment. pickpocket (n) - one who steals from pockets or bags. probation (n) - a method of
dealing with (young) offenders by which a
sentence is suspended.
put on ~.
probationer - an offender on probation.
~ officer - an officer appointed to supervise the conduct of offenders on probation.
punish (v) - to impose a penalty on (an offender) or for (an offense).
punishment
capital ~
corporal ~.
rape (n) - the crime of forcing sb., esp. a woman to have sexual
intercourse against her/ his will.
release (v) - to set free from restraint, confinement or servitude. rob (v) - to steal sth. from (a person or place), esp.
by violence or threat.
robber (n).
robbery (n).
sentence (n) - the judgment formally pronounced by the court or judge upon the defendant after his conviction in a
criminal prosecution, imposing the punishment to be inflicted.
life ~.
suspended ~. -pass a ~.
receive ~.
serve ~.
163
sustain ~.
shop-lifter (n) - one who steals from the shops. stab (v) - to pierce or wound with a pointed weapon. theft (n) - the
act of stealing.
thief (n) - one who steals, esp. secretly and without violence. vandal (n) - one who willfully or ignorantly destroys
or defaces (public) property.
vandalism. verdict (n) - see Ch.IV. violence (n) - see Ch.I.
warden (n) - an official charged with special supervisory duties or with the enforcement of specified laws or
regulations. -traffic164
Reader
Part I. Famous Lives. Crime and Justice..............................................164
Part II. Law Stories...............................................................................181
Part III. Tom Sawyer Testifies..............................................................192
Parti FAMOUS LIVES. CRIME AND JUSTICE
Read the following stories and do the exercises
1. Barker, Arizona Clare "Ma", d. 1935
"Ma" Barker's gang was mostly composed of her own four sons, and she led them to criminal fame She was never
arrested, but her sons often were. Ma would appear in court and protest their innocence or raise bail. By the time the
gang was cleared up by the FBI it had been responsible for the deaths of four policemen, a civilian and one of their
own number who talked too much. The Barkers hit the big time when they started kidnapping rich men for ransom,
but this increased the pressure by police and the FBI on the gang
len Arthur in Florida
and its members, had to split u Barker was caprurM Ma's hiebu was геШ/aOhe FBI's G-men the house and called on
Ma Barker and her son Fred to sW^ye^'To hell with all of you", she replied and opened fire. The FBI used tear gas,
but the gunfight continued until both Ma Barker and her son were dead.
165
Find which of the words in the text mean:
to affirm strongly being not guilty;
to pay a sum of money demanded by a law court, paid by or for a person accused of an offence, as
security that he will appear for his trial, until which time he is allowed to go free;
to steal a person in order to demand payment for his return;
money paid for the freeing of a person who has been kidnapped;
to come clean.
Listen to the song "Ma Barker" ("Boney M") Does the text of the song correspond to the story you have just read 7
2. Bean, Roy, d. 1903
In the days when the western part of the USA was known as Wild West
(a)____by very rough and ready men. "Judge" Bean, as he called himself,
was one of the most colourful of the lawmen. As a young man he had been a
slaver, driven an ammunition truck in the war against Mexico, (b)____cotton
and been (c)____. He became famous as (d)____ in a town called
Vinegarroon. Here, in a saloon called the Jersey Lilly - so named after the
actress Lily Langtree of whom he was a fan - he (e)____. His (f)____was
as rough as the people he had (g)____ and he built up an enormous
reputation, so that many tales were told about him. One is that he decided on
one occasion that a man (h)____a Chinaman might call on his tough friends
to make trouble for the judge. Looking through his law books he announced that he could not find anywhere that it
said that you must not kill a Chinaman!
Complete the text with the words and expressions from the box, using them in the appropriate form.
petty crook; to
smuggle sth.; to
uphold a law; to hold to accuse sb. of murdering; Justice of
the court;
the Peace; to try a person; justice
3. Billy the Kid (William Bonny), 1860-1881
Billy the Kid was a legend in the Wild West as a cattle rustler and murderer. Slim and fair, Billy was born in New
York but soon moved to New
166
Mexico. He was apprenticed to a blacksmith but found this boring, so he shot the smith and became a cowboy. At
first he worked for John Chisholm, who was fighting a range war in the Pecos Valley. He quarrelled with Chisholm
and joined a band of cattle rustlers, killing as many of Chisholm's men as he could in the process. Pat Garrett was
elected sheriff to capture Billy the Kid. He did this, but Billy shot two deputies and escaped from his cell just before
he was due to be hanged. He was caught by Garrett two months and five murders later and shot dead in a gunfight.
He was said to have shot twenty-one men, but in fact he probably only killed three.
Find in the text the English equivalents for the words and expressions below.
-скотокрад;
стать подмастерьем у кузнеца;
быть выбранным шерифом;
тюремная камера;
застрелить кого-либо в перестрелке.
4. Blake, George, b.1922
Born in Holland, he was a famous traitor (a) and Russian spy. During the Second World War, he was a member of
the Dutch resistance until he escaped to England, joined the Navy and changed his name to Blake. He joined the
intelligence services and was captured in Korea while serving in the British Embassy in Seoul. Blake was released
(b) in 1953 but had been secretly converted to (c) communism while a prisoner. He then served as an agent for MI6
and as a double agent (d) for the Russians, first in Berlin and later in Britain. In 1960 he was arrested and sentenced
(e) in 1961 to no less than forty-two years in prison. But in 1967, helped by a released fellow-prisoner, he made (f) a
daring escape from Wormwood Scrubs prison and was smuggled out to Moscow (g) by the Russians.
Match each word or expression on the left with the correct definition on the right.
a)
a traitor
b)
to release a man from prison
c)
to convert sb. to sth.
d)
a double agent
l.to find a way out of prison
2.to state that a person has to have a certain
punishment
3.a person who is disloyal to his country
4.to allow a person to go free
e)
to sentence sb. to... years in 5.a spy who supplies information to both prison
sides
f)
to make an escape from
6.to get sb. secretly and illegally from a place
167
g) to smuggle sb. out
7.to cause a person to change his beliefs
5. Guess the name of the character.
He is the most famous special agent in fiction, a kind of superman. As Agent 007 he appears in a series of thirteen
stories written by Ian Fleming (1908 - 1964). He is always given the most dangerous jobs, and he succeeds in every
case, even when faced by enormous difficulties. To help him, his boss in MI5, known only as "M", provides him
with ingenious gadgets like a car which turns into a submarine. He enjoys the high life, good food, beautiful women
and the best hotels. He is so well described by Fleming that he has almost become a real person. Films have been
made of almost all stories, and he has been played by Sean Connery, George Lazonby and, most recently, by Roger
Moore. The first book was Casino Royale, other well-known ones are From Russia with Love, Dr. No, On Her
Majesty's Secret Service and Goldfinger.
6. Bonnie and Clyde (Bonnie Parker and Clyde Barrow), d.1934
In the days of the Depression in America after 1929, these two young people made a great name for themselves
robbing stores and committing murders quite casually and often for the sheer fun of it. Bonnie Parker was a waitress
when she met Clyde Barrow, and she ended up a legendary figure known for her love of red dresses, cigars and
firearms. Working in the southern states of the USA they left behind a trail of destruction . On several occasions
they were trapped by the police , but seemed to bear a charmed life and escaped even through a hail of bullets. On
one occasion they held up a prison farm killing a guard and helping a friend to escape. Huge rewards were by then
offered for their capture. Following a tip-off , the police finally ambushed Bonnie and Clyde at a crossroads and
killed them in the gunfight that followed. In 1967 a film was made of their exploits, which resulted in the two
becoming almost cult figures, and a pop song was written about them, which became a best-selling record.
Find in the text the English equivalents for the expressions below.
убить кого-либо в перестрелке;
оставить за собой след разрушения;
секретная информация, предоставленная в качестве предупреждения;
быть пойманным полицией;
сделать себе громкое имя;
подвиг;
предложить вознаграждение за захват преступника;
168
только ради удовольствия;
ограбить магазин;
совершить убийство;
остановить и ограбить;
экономический кризис;
сбежать под градом пуль;
быть удачливым;
устроить кому-либо засаду.
7. Borden, Lizzie Andrew, 1860 - 1927
Lizzie Borden is known worldwide through a poem which was written about her. It goes:
Lizzie Borden took an axe
And gave her father forty wacks.
When she saw what she had done,
She gave her mother forty-one.
This cruel verse refers to the fact that Lizzie Borden was accused of having killed her father and stepmother by
chopping them to pieces with an axe at their home in Fall River, Massachusetts, in 1892. She was tried for the two
murders and acquitted, but the trial has become a legend, and many books have been written about it.
Find in the text the words which correspond to the following definitions.
to give a legal decision that a person is not guilty;
the unlawful killing of a person on purpose;
to examine a person in a law court.
8. Brown, Father
One of the great figures of detective fiction is Father Brown, created by G.K.Chesterton (1874-1936) and largely
based on his friend Father John O'Connor. Father Brown is a plump, moon-faced Roman Catholic priest from Essex,
apparently vague (a) and harmless, never separated from his large black umbrella and several brown paper parcels
tied up with a string. In fact Father Brown is a master of detection (b) as Chesterton showed in forty-nine stories
published between 1911 and 1935. He finds himself involved (c). more or less by chance, in a crime (d)T which he
solves by using common sense and his vast
169
knowledge of human nature. Father Brown appeared on film in 1954, with Alec Guinness in the title role, and later
in a television series, starring Kenneth More.
Complete the following sentences with the underlined words from the text
1.
He tried to escape____by disguising himself as an old man.
2.
It's the business of the police to prevent_____.
3.
He was a little____when I asked what had happened.
4.
Don't____me in your quarrels.
9. Guess the names of the two characters.
These two Roman generals were the leaders of conspiracy to murder Julius Caesar, the man who invaded Britain
and was one of the greatest Roman generals. Both had distinguished careers, having been promised governorships
by Caesar. One was even a personal friend of Caesar's but was convinced by the other that Caesar, who by then was
dictator of Rome, was tyrant who must be got rid of. On the Ides (15th) of March 44 B.C. Caesar was stabbed to
death on the steps of the Capitol, the senate house of Rome, both men talking part in the murder. Unfortunately, the
conspiracy then began to crumble and the two generals fled to Macedonia to raise an army. They were defeated at
the battle of Philip by Caesar's nephew Octavian and Mark Anthony. After the battle one committed suicide, while
the other ordered his servant to kill him.
10. Butch Cassidy, 1866 - 1910 and the Sundance Kid, d.1910
Butch Cassidy, whose real name was Robert Leroy Parker, was the leader of a gang of American outlaws called the
Wild Bunch who operated mainly from a secure hideout in Wyoming Territory called Hole in the Wall. Other
members of the gang were the Sundance Kid (real name Harry Longbaugh), Bill "News" Carver, Ben Kilpatrick and
Harvey Logan. The Wild Bunch rustled cattle, held up banks and robbed trains, all with varied success. On one
occasion they stole $40,000 in notes that were so new that they had not been signed, and their clumsy attempts to
forge the signatures failed miserably. Having made things too hot for themselves by robbing the Union Pacific
railway rather too frequently, in 1902 Butch Cassidy and the Sundance Kid moved to South America accompanied
by pretty schoolteacher Etta Place. This combination carried out a number of robberies, before the two outlaws were
ambushed and killed in a gunfight with the Bolivian army in 1910. However, rumours persist that either one or both
men returned to the USA and lived on peacefully to die of old age. The film of their life and death, "Butch Cassidy
and the Sundance Kid", starring Paul Newman and Robert Redford, managed to catch the flavour of criminal
exploits almost perfectly.
170
Match each word or expression ton the left with the correct definition on the right.
a)
to make it hot for sb.
b)
to forge a signature
c)
an exploit
l.a bold or adventurous act
2.to take property from a person unlawfully
3.a person punished by being placed outside the
protection of the law
d)
outlaw
4.a secret place where one cannot be found
e)
a hideout
5.to attack sb. suddenly from a hidden place
f)
to hold up
6.to make a copy of a signature in order to deceive
g)
to rob
7.to steal cattle h) to ambush
8.to stop and rob
i) to rustle cattle
9 to cause a situation to become dangerous
11. Guess the name of the character.
According to the Bible, he was the first murderer. The story is told in Genesis, Chapter Four He was a tiller of the
soil and his brother Abel was a shepherd. They were both sons of Adam and Eve. When the Lord accepted Abel's
offerings and rejected those of his, he was very "wroth and his countenance fell". He tell upon his brother Abel and
killed him. When the Lord asked him where his brother was, he asked the famous question "am I my brother's
keeper?". For his crime, he was banished to be a wanderer over the earth, but to prevent him being killed, God put a
mark upon him to protect him. According to the Bible, he went to live in the land of Nod, east of Eden.
12. Cagliostro, Alessandro, 1743 - 1795
Count Cagliostro's real name was Guiseppe Balsamo, and he became famous as a charlatan or confidence trickster,
as we would call him today. As a young man he learned a little about chemistry and medicine and then left Sicily in
1769. After getting some knowledge of the supernatural, he appeared in Malta as the great Count Cagliostro,
specialist in medicine, magic and all kinds of strange arts. He was soon fleecing the rich of Europe, selling them an
elixir of youth and love potions. Finally he was condemned to death in Rome for setting up a secret society and died
in prison at San Leone.
Find in the text the words that correspond to the following definitions.
a person, who claims to have more skill, knowledge or ability than he really has;
a person, who cheats sb. out of his money by some fraudulent scheme which seems to be honest;
to cheat sb. and take his money;
to sentence a criminal to death.
171
13.
Guess the name of the character^
This Roman Emperor will always be remembered for his great cruelty and love of bloodshed. On one occasion, at
one of the famous games, at which the gladiators performed, he is said to have remarked that he wished that the
Roman people had only one neck so that he could kill them all with one blow. There is little doubt this his extreme
cruelty was due to madness, as he started his reign in a very reasonable way. However, after a strange illness, he
began to act as though insane and declared himself a god and even gave his horse a high public office. In the end he
was murdered by a member of his own bodyguard as he left the games on 24th January A.D. 41.
14.
Capone, Alphonse, 1899 - 1947
"Al" Capone is possibly the best-known of all American gangsters, though by no means the most important. His
home ground was Chicago. He was brought into the rackets by Johnny Torrio and Tome's uncle "Big Jim"
Colosimo. Capone seized his chance when prohibition was declared in 1920, which made the manufacture and sale
of alcohol illegal in America. He soon rose to control a large part of the illegal liquor market in Chicago and the
Middle West. A fierce and vicious man, he was responsible for many gangland killings, including the 1929 St.
Valentine's Day Massacre, in which seven rival "bootleggers" (men selling illicit liquor) were trapped by gunmen
dressed as police and machine-gunned to death. He was imprisoned in 1931 on income tax charges, became a model
prisoner and was released in 1939.
Explain the meanings of the following words and expressions.
gangster;
racket;
"prohibition law";
"bootlegger".
15.
Costello, Frank, 1891 - 1973
Known by American newspapers as "the Prime Minister of Crime", Costello was bora in Italy and came to America
in 1896. Though not well educated, he had a very good brain, and rose steadily through the ranks of the Mafia until
in 1936 he took over "Lucky" Luciano's position as capo di capo re, or head of all the Family heads. He avoided
violence whenever possible, but was not afraid to use it where necessary. By 1943 he virtually owned New York,
appointing city officials, judges and even mayors. He was jailed in 1954 on income tax charges and the resulting
publicity made him less valuable to
172
Meyer Lansky's National Crime Syndicate, and he lost much of his power. An attempt was made on his life in 1957,
but he was then allowed to retire in peace.
Find in the text the English equivalents for the following expressions.
избегать насилия;
посадить в тюрьму по обвинению в неуплате налогов;
совершить покушение на кого-либо.
16. Crippen, Dr. Hawley Harvey, 1882 -1910
Crippen is famous as a murderer mainly because he was the first one to be caught by the use of wireless telegraphy.
He was an American-born doctor who settled in London in 1900 with his wife Cora who had theatrical ambitions
and used, the stageлпате Belle Elmore. In 1910 Crippen's wife vanished in susprcious cirqtmimnces and whenthe
house was searched herdismembered body was d^cpvered buried in a cellar. She had been pofeonecjC Meanwhile^
Crippen had fled with his girlfriend Ethel Le Neve, who was aisguBea as а boy. They thought that they were sare
once they ррагШа the liner Montrose for America, but the authorities used the newly irrventecrwireless to^aaTon a
j^ajfrimgJE>' the ship's captain. Shortly afterwards "Mr Robinson" and his "son" were recognised and Crippen and
Le Neve were arrested in New York and
Л
D
'
Т
fyW^r^
. №*&№&?*. .
,
...
f
returned to Britain. Largely due to Crippen s insistence that she knew nothing of the crime, Ethel Le Neve was
freed, but the miM, Inoffensive looking little man was nangra at Pentonville prison on 23rd November 1910. It was
for his evidence given at the Crippen trial that Sir Bernard Spilsbury, the Home Office pathologist, first made a
name.
Find in the text the synonyms for the expressions in brackets.
1.
Those with (a strong desire to be successful) usually work hard.
2.
The house was (examined carefully) in order to find the body.
3.
He (used a strange appearance in order to hide) his looks, but he could not change his voice.
17. Dreyfus, Captain Alfred, 1859 - 1935
The name of Dreyfus is one of the most famous in the history of espionage. He was a French army officer of Jewish
ancestry who in 1894 was * sentenced to life imprisonment for selling military secrets to the Germans. The high
command of the French army was strongly anti-Jewish and Dreyfus was a convenient scapegoat. His court martial
was carried out as if he had already been found guilty. To serve his sentence he was sent to Devil's Island, the
French prison colony off the coast of Guiana. In 1896 an army intelligence
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officer found proof that Dreyfus was innocent, but the army chief of staff refused to accept it. Support for Dreyfus
grew and in 1898 the writer Emile Zola published a famous open letter, "J'accuse", calling for his case to be
reopened. At last, the army brought Dreyfus back from Devil's Island and retried him in 1899. To the amazement of
everyone, this second court martial again found him guilty. Such was the public fury that the President pardoned
Dreyfus immediately, but it was not until 1906 that his name was fully cleared, and the real traitor exposed.
Find in the text the English equivalents for the words and expressions below.
шпионаж;
приговорить к пожизненному заключению;
козёл отпущения;
военный трибунал;
признать виновным;
отбыть срок;
найти доказательства чьей-либо невиновности;
возобновить слушание дела;
снова допросить;
найти предателя.
18. Ellery Queen
This was at the same time the name of a fictional detective (a) and also the pen-name (b) of the two authors,
Frederick Dannay (1905-1071) and Manfred Lee (b. 1905). The books written by "Ellery Queen" are about Ellery
Queen, an American playboy writer of detective stories (c). who keeps getting involved in mysteries (d) himself. He
first appeared in The Roman Hat Mystery in 1929, and in many later books. He was also the hero of several films
made between 1935 and 1943, and Peter Lawford starred in a television series based on the books in 1971. Ellery
Queen (the author) also founded a Mystery Magazine, which was a popular outlet for detective stories by other
writers.
Match each word and phrase on the left with the correct definition on the right.
a)
a detective
1 .a name used by an author instead of a real name
b)
a pen-name
2.a police officer whose job is to investigate a crime
c)
a detective story 3.sth. of which the cause or origin is impossible to
explain or understand
d)
a mystery and the 4.one in which the main interest is crime process of solving it
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19. Fawkes, Guy, 1570 - 1606
Guy Fawkes is the best known member of the gang which planned Gunpowder plot of 1605. The originators of the
plot were Robert Catesby, Thomas Winter, Thomas Percy and John Wright. Fawkes was only brought in later by
Catesby, who knew of his reputation for courage. All were Roman Catholics and their plan was to destroy James I
and his Protestant parliament by blowing them up. Percy rented a house next to parliament and later the cellar below
the House of Lords. There Fawkes hid thirty-six barrels of gunpowder, covering them with wood and coal. The plot
was discovered when one of the conspirators sent a letter to Lord Monteagle in October 1605 asking him not to
attend the opening of parliament on 5th November. Suspicions were aroused and on the night of 4th November
Fawkes was arrested in the cellar. He had been given the task of lighting the fuse to set off the explosion. Tortured,
he refused to give the names of his fellow conspirators until they had either been killed or captured. He was
executed by hanging on 31st January 1606.
Find in the text the words that mean:
a group of criminals;
a secret plan to do sth.;
destroying sth. using explosives;
a feeling of doubt or mistrust;
a group of people involved in a secret operation;
to cause intense suffering to sb.
20.
Guess the name of the character.
A doctor and member of the French Legislative Assembly, he suggested the use of the guillotine for executions in
1789. The guillotine consists of a heavy blade with a diagonal edge, which falls between two upright posts to cut off
the victim's head cleanly and quickly. Similar machines had been used in various other countries including Scotland
and Italy. His main idea was to make execution as quick and painless as possible. The first person executed by
guillotine was the highwayman Pelletier in 1792, but the machine came into its own in 1793, during the Reign of
Terror following the French Revolution, when aristocrats were guillotined by the hundred. It is still the official
means of execution in France.
21.
Guess the name of the character.
The most famous of English outlaws, he was first mentioned in the second edition of William Langland's epic poem
Piers Plowman in about 1377. His legend has grown steadily ever since. He is the great popular hero, robbing
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the rich to help the poor, and defying evil King John and the Sheriff of Nottingham. He is supposed to have lived in
Sherwood Forest, dressed in Lincoln Green, with his Merry Men who included Friar Tuck, Will Scarlett, Alan a
Dale - and of course, Maid Marion (almost certainly a sixteenth century invention and addition to the legend). While
there is probably some truth in the stories, it is impossible to decide if he was a real person or how many of his
adventures are true, or just fiction. Many versions of this legend have been produced and he was a natural hero for
both films and television.
22. Jack the Ripper
"Jack the Ripper" (a) was a mysterious killer who terrorised (b) the East End of London in the autumn of 1888. His
victims (c). all women, were killed by having their throats cut, and in many cases the bodies were savagely
mutilated as well. The number of victims is said to be between four and fourteen, though police authorities generally
thought that only five murders (d) were definitely the work of the Ripper. The Ripper was never caught, and his
identity (e) remains a mystery. All kinds of people have been suggested as possible Rippers, including the Duke of
Clarence, a Russian barber/surgeon, a society doctor and even a barrister (f).
Match each underlined word in the text with the correct definition.
facts that describe who a person is;
to fill people with terror by threats or acts of violence;
a robber;
the unlawful killing of a person on purpose;
a person suffering pain because of circumstances;
a lawyer who has the right to speak and argue in higher law courts.
23. Dr.Jeckyll and Mr.Hyde
In 1866 Robert Louis Stevenson wrote his famous thriller The Strange Case of Dr.Jeckyll and Mr.Hyde. Dr.Jeckyll
is a kind man who wants to find out more about the evil side of human nature. He invents a potion, which changes
him into the bestial Mr.Hyde, who looks quite different and who roams the Streets committing terrible crimes. By
taking an antidote Dr. Jeckyll is then able to revert to his former self. However, as time goes by, he finds it more and
more difficult to change back, until finally he remains in the form of Mr.Hyde. In desperation he
176
commits suicide, and as soon as he is dead he returns to the form of Dr.Jeckyll and as such is found by his friends.
Mr.Hyde is then hunted for the murder, never, of course, to be found. Many films have been made of the story, and
the term "Jeckyll and Hyde" had entered the language to describe a person who has two personalities, one good and
one evil.
Find in the text the words that correspond to the following definitions.
a work of fiction, or drama in which excitement and emotional appeal are the essential elements, esp. one
involving crime;
an offence for which there is punishment by law;
an act of taking one's own life intentionally;
an unlawful killing of a person on purpose;
a remedy that counteracts the effects of poison;
utter loss of hope and surrender to despair.
24. Kidd, Captain William , 1645 - 1701
A privateer was a private person (a civilian not in the navy) who was given a commission to attack the King's
enemies at sea and traditionally there was always a thin line dividing privateering from piracy . In 1695 William
Kidd, a Scotsman who had emigrated to Boston, Massachusetts, was given a commission by William III to arrest all
pirates and also a commission to act as a privateer against the French. He fitted out the brig Adventure and in 1697
sailed to Madagascar, the lair of many pirates at that time But instead of attacking the pirates, he joined forces with
them and began capturing merchant ships and plundering local trade. He deserted his ship and went to New York,
offering treasure to the governor and claiming to be able to explain his actions. However, he was arrested and sent to
England for trial where he was hanged in 1701. About £14.000 of treasure was recovered from his ship and from a
hiding place near Long Island, though there is still supposed to be a lot of Captain Kidd's treasure waiting to be
found.
Explain the meanings of the underlined words and expressions
25. Lindbergh, Charles Augustus, 1902 -1974
Kidnapping, which means the taking of a person - sometimes a child - by force and asking the family, friends or
even employers of the person for ransom
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(a) money in return for his or her release, has always been regarded as a serious crime One of the best known
kidnappings of modern times took place in America in March 1932, when the nineteen-months old son of American
aviator Colonel Charles Lindbergh was taken from his New Jersey home wftile he was asleep in the nursery.
Charles Lindbergh was the first man to fly me Atlantic non-stop singlehanded in 1927 and a great American hero. A
large sum of money - $50,000 - was demanded by the kidnapper and this was eventually paid over by Lindbergh in
April. However, the boy had already been murdered and his bod\ buried under leaves and twigs in a wood only four
miles fir°m tne Lindbergh home As a result of the Lindbergh case the crime of kidnapping was made a Federal instead
of just a State offence (b) with the passing of the "Lindbergh Act" (federal Kidnapping Act) in 1933. This allowed
the FBI to become involved in the search for kidnappers and their victims (g), щаК'п§ аа arrest so much more likely.
The kidnapper of Lindbergh's child, Bruno Hauptmann, a carpenter from New York, was finally arrested in
Sepi^em^er 1934 after a massive search, and executed (d) in 1936. The publicity which followed the kidnapping was
so great that the Lindberghs eventually ^e^ America to live in England and continued to do so until 1939.
Complete the following sentences using the underlined words from the text *n the appropriate form
1.
The____of the earthquake were a young married couple.
2.
The criminal was charged with a serious____.
3 He was
for murdering his wife.
4. The family had to pay a big had been kidnapped.
for the freeing of the child who
26. Lombroso, Cesare, 1836 - 1909
Professor Lombroso, an Italian, is regarded as the father of the scientific study of criminals, or criminology. In an
enormous book called The Criminal, he set out the idea that there is a definite criminal type, who can be recognized
by his or her appearance. Some of what he said is difficult to believe- F°r example, he said that left-handed persons
have a criminal instinct. Amon^ the things he considered important were the shape of the head, colour of the hair, the
eyes, the curve of the chin and forehead and if the ears stick out. His i were very new at the time and, although not
altogether correct, caused a interest and made other people look into the problem of crime in a scientific way.
Which derivative of the word "crime " matches the following definitions. 1) noun - the study of crime;
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178
2)
noun - a person who commits crimes;
3)
noun - delinquency.
27. Luciano, Charles "Lucky" (Salvatore Luciana), 1897 - 1962
"Lucky" Luciano, so called because he led a charmed life and avoided assassination, was one of the most powerful
leaders of the Mafia in the USA. Having risen to be a trusted lieutenant of Joe Masseria ("Joe the Boss"), he had him
killed in 1931. This was the first step Luciano was to make in getting rid of the old guard of the Mafia, to make way
for younger men like himself. In the reorganisation that followed Luciano became capo or head of one of the five
New York Mafia "Families". He became the most powerful chieftain in the Mafia, and formed alliances with
gangsters of other national groups such as the Jews and Irish-Americans. In 1936 he was sent to prison but paroled
in 1945 because of his and the Mafia's secret work for the US government during the Second World War.
Afterwards he was deported to Italy, from where he ran the European end of the Mafia's drugs operation.
Match each word or expression on the left with the correct definition on the right.
a)
to lead a charmed life
b)
an assassination
c)
a gangster
d)
to send to prison
e) to parole
1.
to jail
2.
a member of a gang of armed criminals
3.
a murder for political reasons
4.
to free a prisoner on a promise that he will not repeat a crime
5.
to be lucky
29. Guess the name of the character.
He was a real live king of Scotland, but he is best known through the famous tragedy written by Shakespeare and
based on his life. In the play, this king is encouraged by his wife to kill Duncan, King of Scotland, who is his guest
at Dunsinane, this king's castle, and take the throne. He does kill Duncan by stabbing him to death, but he is troubled
by dreams and fears that Banquo, a fellow general, will seize the throne from him. He, therefore hires two assassins
to kill Banquo but lets his son escape, thereby fulfilling the prophecy that from Banquo "shall come a line of kings".
After Banquo's death things go very wrong for the King. His wife, stricken by remorse, goes mad,
179
sleepwalking and talking of blood on her hands, and soon dies. Malcolm, Duncan's son, then sets out to avenge his
father's death, marching on Dunsinane with an army. The King is defeated and killed in single combat with
Macduff.
30. Mata Hari (born Gerda Zelle), 1876-1917
Mata Hari, who was executed (a) by a firing squad in France in October 1917, is probably the most famous spy of
all time. She is renown for her beauty, her numerous military lovers, her provocative Oriental dancing, and, above
all, her espionage. Yet in fact, she was not Oriental, or even a spy (b). Mata Hari was a stage name adopted by a
plump middle-aged Dutch divorcee, named Mrs. Margaretha MacLeod, who had left her alcoholic Scottish husband
in the Netherlands East Indies (now Indonesia) and opted to become a dancer in Europe.
The evidence (c) of her alleged (d) espionage on behalf of the German Kaiser is based merely on her being mistaken
for a well-known German agent Clara Benedix, by the British in November 1916. In that month Mrs. MacLeod was
arrested in Falmouth, Cornwall, on board of the ship Hollandia
while she was on her way to Holland. The police released her when they realized the mistake. Later she was arrested
in France and charged with (e) having been in contact with German intelligence officers in Madrid (though she had
never even been there).
At her trial in Paris her lurid life-style was used to damning effect. It was only in 1963, when the secret files relating
to her case were released, that the legend was reassessed. Most historians now think that, far from being a spy, Mata
Hari was simply an innocent scapegoat - shot because the French government wanted to cover up its military
ineptitude by fabricating an all-powerful ring of German agents.
Complete the following sentences with the underlined words from the text.
1.
There was not enough_____to prove him guilty.
2.
He was_____for murdering his wife.
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3. In your statement, are you the scene of the crime?
that the accused man was seen at
4.
He was told to__
5.
The criminal was
on the enemy's movements, with murder.
31. Guess the name of the character.
He was Chancellor to Henry VIII and a very great thinker whose writing has had a great effect on many people right
up to the present day. Among his important thoughts was that the reasons for crime were to be found in economic
and social conditions. He believed that if people lived in a more just and humane society they would behave better.
He also thought that punishment should be sensible and that people found guilty should be made to work for the
good of the community. His views were far ahead of the time, so that it was only in later centuries that his book
Utopia was really understood. As a strict Roman Catholic he disapproved of Henry VIII's attempt to break away
from the church in Rome and set up his own Church of England. For failing to accept Henry as the head of the
English church he was tried for treason in 1535, being beheaded at the Tower of London. In 1935 he was made a
saint by the Roman Catholic Church.
32. Oswald, Lee Harvey, 1940 -1963
Complete the text with the words that mean •
to kill a person for political reasons;
an offence for which there is punishment by law;
an examination in law court;
to examine carefully.
In 1963 the world was shaken by the news that President Kennedy had been (a) in Dallas, Texas, while driving from
airport. The man arrested for this terrible (b) was Lee Harvey Oswald. After service in the US Marine Corps,
Oswald went to the Soviet Union for a time and married a Russian girl. On returning to the United States he was for
a time involved with Cuban revolutionary elements. On 22nd November 1963 he is said to have taken a rifle into the
Texas Book Depository in Dallas, where he worked, and shot President Kennedy and Governor Conally of Texas as
they drove past Conally survived, but the President died soon afterwards. Oswald tried to escape, shooting a
policeman who tried to stop him. He was caught, but was later shot dead before he could be brought to (c) by the
night-club owner Jack Ruby, who had got into the police station. The Warren Commission, which (d) the
assassination, stated that Oswald had acted alone, but many people do not agree, and there are still a great many
questions concerning the killing left unanswered.
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33. Guess the name of the character.
One of the leaders of French Revolution, he was the mastermind behind the Reign of Terror, in which most of the
opponents to the French Revolution were executed in an orgy of blood A brilliant lawyer, he became a member of
the Committee of Public Safety in 1793. Though not solely responsible for the Terror, he was its strongest advocate
and arranged for a change in the law, which made witnesses unnecessary at tribunal hearings. In the next seven
weeks nearly 1300 people were guillotined in Paris alone. On 27th July 1794, he went too far and was expelled from
the Convention. He was shot in the jaw while being arrested, and after a night of agony was taken before the
tribunal, condemned as an outlaw and sent immediately to the guillotine.
Part II
LAW STORIES 1. The First Laws
TASK 1. Read the text.
Rules and laws - and the conventions or customs from which they are descended - have been a part of human life
ever since our ancestors first began to live in large and settled groups. But our knowledge is vague of laws that were
in effect before the invention of writing in about 3500 B.C. The earliest known legal text was written by Ur-Nammu,
a king of the Mesopotamian city of Ur, in about 2100 B.C. It dealt largely with compensation for bodily injuries, and
with the penalties for witchcraft and runaway slaves.
TASK 2. Find in the the text the words that correspond to the following definitions.
the use of magic power, esp. with the aid of evil spirits;
punishment;
an accepted social custom or practice;
insubstantial, amorphous, indistinct,
payment for damage or loss, restitution;
discovery;
jurisprudential, deriving authority from law;
one from whom a person is descended.
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TASK 3. Answer the questions and prove your point of view.
1.
What is the difference between a rule and a law? Give five examples of each.
2.
Can a society develop without rules (laws)?
3.
Which of the statements do you think is true:
a)
All the laws are situational. They suit only the given place at a given time.
b)
There is some eternal law. It is good for all times and places.
TASK 4. Work in groups. Make a list of associations which arise with the word Babylon. Try to outnumber your
opponents. Compare your notes. Where do your associations come from?
2. Laws of Babylon
TASK 1. Give English equivalents for the following words and expressions. Consult the text after you complete the
task.
кровная месть;
состоять из;
налог;
налагать штраф;
устанавливать закон;
расплата;
разборчивый, чёткий;
составлять документ;
лжесвидетель;
наследство;
храм.
One of the most detailed ancient legal codes was drawn up in about 1758 B.C. by Hammurabi, a king of Babylonia.
The entire code, consisting of 282 paragraphs, was carved into a great stone pillar, which was set up in a temple to
the Babylonian god Marduk so that it could be read by every citizen.
The pillar, lost for centuries after the fall of Babylon in the 16th century B.C., was rediscovered by a French
archaeologist in 1901 amid the ruins of the Persian city of Susa. Hammurabi's words were still legible. The pillar is
now in the Louvre museum in Paris.
183
The laws laid down by Hammurabi were more extensive than any that had gone before. They covered crime, divorce
and marriage, the rights of slave owners and slaves, the settlement of debts, inheritance and property contracts; there
were even regulations about taxes and the prices of goods.
Punishments under the code were often harsh. Not only murderers but also thieves and false accusers faced the death
penalty. And a child who hit his father could expect to lose the hand that struck the blow.
Nevertheless, Hammurabi's laws represented an advance on earlier tribal customs, because the penalty could not be
forfeit for an eye.
The code outlawed private blood feuds and banned the tradition by which a man could kidnap and keep the woman
he wanted for his bride. In addition, the new laws took account of the circumstances of the offender as well as of the
offence. So a lower-ranking citizen who lost a civil case would be fined less than an aristocrat in the same position though he would also be awarded less if he won.
TASK 2. Answer the questions.
1.
Why do you think Hammurabi decided to have his laws carved into a pillar?
2.
List the spheres of human life covered by Hammurabi's code. Explain the choice.
3.
Why do you think people of different ranks were treated differently by Hammurabi's code?
3. Sunday Blues
TASK 1. Read the text.
The so-called blue laws in the United States might better be called Sunday laws, because their intent has been to
restrict or forbid business, trade, paid work, or other commercial activities on Sunday, the Sabbath of major
Christian sects. In the mid-1980s blue laws had been repealed or simply ignored in many parts of the nation but
continued to be observed in certain religious communities.
Secular arguments against blue laws are that they violate the constitutional guarantee of separation of church and
state and favour one religion, Christianity. A secular argument supporting them is that everybody needs a day of rest
each week. Proscribing work on Sundays goes back at least to 4th-century Rome under Constantine the Great, and
the practice was strictly supported in the religion-oriented American colonies. The term blue law is said to have
arisen from a list of Sabbath rules printed on blue paper for residents of New Haven, Connecticut, in 1781.
184
TASK 2. Find in the text the words that mean the opposite.
to unite;
pay attention to;
minor;
for;
to allow.
TASK 3. Find in the text the words that correspond to the following definitions.
to regulate, limit;
to revoke a law;
to maintain a condition, course or action without interruption;
to comply with, infringe;
to put outside the protection of the law;
meaning, significance.
4."Let the Body Be Brought..."
TASK 1. Read the text.
In the United States, Britain, and many other English-speaking countries, the law of Habeas Corpus guarantees that
nobody can be held in prison without trial. Habeas Corpus became law because of a wild party held in 1621 at the
London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her
guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of
the peace committed her to jail.
When she was finally brought to trial, Mrs. Robinson's story of her treatment in prison caused an outcry. She had
been put on a punishment diet of bread and water, forced to sleep on the bare earth, stripped, and given 50 lashes.
Such treatment was barbaric even by the harsh standards of the time; what made it worse was that Mrs. Robinson
was pregnant.
Public anger was so great that she was acquitted, the constable who had arrested her without a warrant was himself
sent to prison, and the justice of the peace was severely reprimanded. And the case, along with other similar cases,
led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British statute books, and a
version of it is used in the United States, where the law was regarded as such an important guarantee of liberty that
Article 1 of the Constitution declares that Habeas Corpus shall not be suspended except in cases of "rebellion or
invasion".
185
Habeas Corpus is part of a Latin phrase - Habeas corpus ad subjiciendum - that means "Let the body be brought
before the judge." In effect, a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the
sovereign) to produce an imprisoned person in court at once.
TASK 2 Find in the text the words that correspond to the following definitions.
an order in writing issued under seal in the name of the sovereign or of a court or judicial officer
commanding or forbidding an act specified in
it;
a place of enforced confinement;
the formal examination and determination by a competent tribunal of the matter at issue in a civil or
criminal cause;
sanction; a document authorizing an officer to make an arrest, a search, etc.;
well-known, esp. for a specified unfavourable quality or trait;
a public expression of anger or disapproval;
a law passed by a legislative body and recorded;
jail, penitentiary;
entering the country with hostile purposes;
to compel by physical, moral or intellectual means;
to declare not guilty.
5. Stiff Sentences
TASK 1. Complete the following text with the words and expressions from the box. Some words can be used more
than once.
treason;
deliberately;
condemned;
felons;
found guilty;
disembowel;
execution; victim;
inflict;
legal;
punishment;
abolish.
One of the most bizarre methods of____was____in ancient Rome
on people____of murdering their fathers. Their punishment was to be put in
a sack with a rooster, a viper, and a dog, then drowned along with the three
animals. In ancient Greece the custom of allowing a____man to end his own
life by poison was extended only to full citizens. The philosopher Socrates died in this way. Condemned slaves were
beaten to death instead.
In medieval Europe some methods of_____were _____ drawn out
to____maximum suffering. ____were tied to a heavy wheel and rolled
around the streets until they were crushed to death. Others were strangled, very slowly. One of the most terrible
punishments was hanging, drawing, and
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186
quartering. The __
pieces. It remained a
The first country to _
abolished it for every crime except
was hanged, beheaded and the body cut into four
__method of____in Britain until 1814.
__capital___was Austria in 1887. Russia
on the orders of Czar Nicholas 1 in
1826, but it was reintroduced after the Communist Revolution in 1917.
6. Curious Wills
Where there is a will, there is a won't.
TASK 1. Read the text.
When Margaret Montgomery of Chicago died in 1959, she left her five cats and a $15,000 trust fund for their care to
a former employee, William Fields. The will stipulated that Fields was to use the trust income solely for the cats'
care and feeding, including such delicacies as pot roast meat. If, however, he outlived all the cats, Fields would
inherit the trust principal. Nine years later the last cat, Fat Nose, died at 20, and Fields, 79, was $15,000 richer.
Probably the largest single group of pets to be named specifically in a will were the 150 or so dogs given $4,3
million by Eleanor Ritchey, an oil company heiress who died in 1968. The dogs were mostly strays she had
collected at her 180-acre ranch in Deerfield Beach, Florida. When the last dog, Musketeer, died in June 1984, the
entire estate - by then grown to nearly $12 million - went under the will to the Auburn University School of
Veterinary Medicine to support research on dog diseases.
Charles Vance Millar, a Canadian lawyer and financier who died a bachelor in 1926, bequeathed the bulk of his
fortune to whichever Toronto women gave birth to the largest number of children in the 10 years after his death.
Four women eventually tied in the "stork derby" that followed the publication of his will. Each had 9 children, and
they shared between them $750,000. A fifth woman who had 10 children was ruled out because 5 were illegitimate.
One of the world's shortest wills was left by an Englishman named Dickens. Contested in 1906 but upheld by the
courts, it read simply: "All for mother".
A 19th-century London tavernkeeper left his property to his wife - on the condition that every year, on the
anniversary of his death, she would walk barefoot to the local market, hold up a lighted candle, and confess aloud
how she had nagged him. The theme of the confession was that if her tongue had been shorter, her husband's days
would have been longer. If she failed to keep the appointment, she was to receive no more than £20 a year, just
enough to live on. Whether the wife decided to take the bigger bequest or spare herself humiliation is not known.
187
TASK 2. Work in pairs. Examine the wills. You are a lawyer of one these five -------- clients. Discuss with your
client the terms of the will.
7. The Man They Couldn't Hang
TASK 1. Complete the text with the English equivalents of the following Russian words.
просто;
осужденный, приговоренный;
пережил;
попытки;
приговор,приговаривать;
заменялся;
пожизненное заключение;
признан виновным;
казнить;
виселица;
открываться;
хотя;
тюрьма;
освобожденный;
причина.
It is no Ц) legend that if а Ш man 0} three £4} to hang him, his (5) was automatically £6) to Q. In 1885 John Lee, a
19-year-old footman was (8) of murdering his employer. (2) to death, Lee then (3J three (4) by a hangman John
Perry, to (9J him at Exeter Gaol in Devon, England.
The wooden {Щ had warped in the rain, and three times the trapdoor refused to Щ) when Lee was placed on it - Щ)
it worked perfectly when he was moved down to the ground. So Lee was (5J to (7) and spent 22 years in U2J. Ш) m
1907, he emigrated to the United States, married there, and died of natural (15) in 1933 at the age of 67.
8. Napoleon's Law
TASK 1. Complete the following text with the words from the box.
188
force;
ordinary; civil;
affected; adopted;
legal;
dominated; studied; equals;
drafted; emperor.
The laws of much of continental Europe (particularly France), of Quebec in Canada, and of much of Latin America along with the (a) laws of Louisiana - owe their modern form largely to the work of a man who never even (b) law.
Napoleon Bonaparte, the Corsican soldier who became (c) of France after the French Revolution, established in
1800 five commissions to refine and organise the disparate (d) systems of France. The result, enacted in 1804, was
the Napoleon's Code.
Some of its original 2,281 articles were (e) by Napoleon himself, and all were (f) by his thinking, even though he
was completely self-taught in legal matters. The code was a triumphant attempt to create a legal system that treated
all citizens as (g) without regard to their rank or previous privileges. It was also so clearly written that it could be
read and understood by (h) people at a time when only Latin scholars could make sense of the earlier laws handed
down since Roman times. The code was (i) intact in most of the areas of Europe that Napoleon 0} and spread from
there across the Atlantic, taking root particularly in French-speaking American communities. Many of its principles
are still in (k) today.
TASK 2. Choose one of the topics and prepare a talk.
1.
The main points of Napoleon's biography.
2.
The great victories of Napoleon Bonaparte.
3.
One hundred days of Napoleon Bonaparte.
4.
Great emperor and romantic lover.
5.
The legal system of France at the time of Napoleon.
6.
The leaders of the French Revolution.
7.
World literature about the French Revolution.
8."... prince and butcher"- Nostradamus's prophetic verse about Napoleon.
9. Birth of the Jury
TASK 1. Match each word on the left -with the correct definition on the right. Consult the text when necessary.
a)
sole
1. to judge, consider
b)
ordeal
2. to take to or upon oneself
c)
convene
3. to give support to, maintain
d)
medieval
4. to become manifest or known, to rise from an obscure
or inferior position
e)
defendant
5. come together in a body
189
f)
assume
g)
reveal h) emerge i) uphold
j) superstition
k) admonish 1) deem
6.
the only one
7.
of the Middle Ages
8.
to warn, advise against
9.
sb. against whom a criminal charge or a civil claim is made
10.
a method formerly used to determine guilt or innocence by submitting the accused to dangerous or
painful tests whose outcome was believed to depend on divine or supernatural intervention
11.
to make known
12.
a belief or practice resulting from ignorance, fear of the unknown, trust in magic or chance
Juries first came into being in Norman Britain because of the Church. In medieval Europe, trials were usually
decided by ordeals - in which it was believed God intervened, revealing the wrongdoer and upholding the righteous.
In the ordeal by water, for instance, a priest admonished the water not to accept a liar. The person whose oath was
being tested was then thrown in. If he floated, his oath was deemed to have been perjured. If he was telling the truth,
he might drown but his innocence was clear.
In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and priests were forbidden to
take part. As a result, a new method of trial was needed, and the jury system emerged.
At first the jury was made up of local people who could be expected to know the defendant. A jury was convened
only to "say the truth" on the basis of its knowledge of local affairs. The word verdict reflects this early function; the
Latin world from which it is derived, veredictum, means "truly said". It was not until centuries later that the jury
assumed its modern role of deciding facts on the sole basis of what is heard in court. Today the jury system has
spread to numerous other countries. Every year more than 100,000 jury trials are held in US courts - 90 per cent of
the world total.
10. Good Men and True
TASK 1. Work in groups. Make a list of famous English and American detective story writers and their famous
characters.
190
TASK 2. Complete the following text with the words from the box.
really;
detective;
guilt;
trifle;
featuring;
founder, trusted;
virtues;
justly;
catalogued;
value;
common;
juror.
G.K.Chesterton (1874-1936), the English author who created the (a) stories (b) a Roman Catholic priest named
Father Brown, was also a powerful champion of the (c) of traditional (d) sense. After serving as a (e) himself,
Chesterton wrote an essay in which he summed up the (fj of the jury system in this way:"Our civilisation has
decided, and very (g) decided, that determining the (h) or innocence of men is a thing too important to be Ц) to
trained men... When it wants a library {]), or the solar system discovered, or any (k) of that kind, it uses its
specialists. But when it wishes anything done which is 0} serious, it collects 12 of the ordinary men standing round.
The same thing was done, if I remember right, by the (m) of Christianity."
TASK 3 Explain the allusion used by G.K.Chesterton. TASK 4. Answer the question.
What does O.K. Chesterton approve of in the way the jury is selected?
TASK 5. Work in groups Discuss the question.
Is the institution of jury useful and important? Prove your point of view.
11. Morality Repealed
TASK I. Read the text.
Ratified in January 1919, the 18th Amendment to the US Constitution prohibited "the manufacture, sale, or
transportation of intoxicating liquors" within the United States. A little less than 15 years later, the 21st Amendment
repealed Prohibition. Viewed as a triumph of morality by its backers, Prohibition forced a double standard on many
tippling politicians, among them the next US president, Warren G.Harding. As a senator in 1919, he had
spearheaded passage in the Senate of some tough laws to enforce the 18th Amendment. Two years later Harding
brought many of his drinking buddies with him as advisers into the White House.
191
TASK 2. Find in the text the words that correspond to the following definitions.
to end, cancel, revoke (a law);
supporters;
severe or uncompromisingly determined;
to cause (a rule or law) to be carried out effectively;
persons who give recommendations, information, warning;
to approve or confirm formally;
to serve as leader or leading force of companions, partners;
to forbid by authority;
an action of getting approval by legislature;
being obsessed by alcoholic drinks;
change or revision;
a person experienced or engaged in politics;
the large-scale making of wares by hand or by machinery.
12. Silent Witness
TASK 1. Read the text.
A slander case in Thailand was once settled by a witness who said nothing at all. According to the memoirs of
Justice Gerald Sparrow, a 20th century British barrister who served as a judge in Bangkok, the case involved two
rival Chinese merchants, Pu Lin and Swee Ho. Pu Lin had stated sneeringly at a party that Swee Ho's new wife, Li
Bua, was merely a decoration to show how rich her husband was. Swee Ho, he said, could no longer "please the
ladies".
Swee Ho sued for slander, claiming Li Bua was his wife in every sense -and he won his case, along with substantial
damages, without a word of evidence being taken. Swee Ho's lawyer simply put the blushing bride in the witness
box. She had decorative, gold-painted fingernails, to be sure, but she was also quite obviously pregnant.
TASK 2. Find in the text the words that correspond to the following definitions.
the utterance of false charges which do damage to another's reputation;
a lawyer who has the right to plead as an advocate in an English superior court;
sb. who tries to compete with and be superior to another;
considerable in quantity; significantly large;
information used (by a tribunal) to arrive at the truth;
an enclosure in which a witness testifies in court.
TASK 3. What do you think gold-painted fingernails symbolise in China?
192
13. Killer Tortoise
TASK 1. Complete the text -with the English equivalents of the following Russian words.
подозревать;
гнев;
осудили;
расследование;
приковать к дереву;
приговорить к смерти;
казнь;
явно;
привести в исполнение;
старейшины племени.
In July 1981 a tortoise was (a) for murder, (b) in Kyuasini, a village in Kenya, formally (c) the tortoise because they
(d) it of causing the death of six people, (e) through magic. However, because none of the villagers was prepared to
risk the tortoise's (f) by (g) the (h). it was (i) instead. The tortoise was later freed after the government promised an
official (j) into the deaths.
Part III TOM SAWYER TESTIFIES
TASKl. Read the text.
At last the sleepy atmosphere of the village was stirred and vigorously: Muff Potter was being tried for the alleged
murder of Dr. Robinson. It became the absorbing topic of village talk immediately. Tom knew that he was not
suspected of knowing anything about the murder, but every reference to it sent a shudder to his heart. His dreams at
night were full of horrors. In the daytime he was drawn to the courtroom by an almost irresistible impulse to go in,
but he forced himself to stay out. Tom kept his ears open, but invariably heard distressing news: Indian Joe's
evidence was unshaken and there was not the slightest doubt that Muff Potter would be-convicted.
On Friday morning all the village flocked to the courthouse for it was to be the last day of the trial. After a long wait
the jury took their places; shortly afterwards Potter, pale, timid and hopeless, was brought in, with chains upon him,
and seated where all the curious eyes could stare at him. Then the Judge arrived, and the opening of the court was
proclaimed.
193
Now a witness was called who testified that he had found Muff Potter washing in the brook at an early hour of the
morning that the murder was discovered and that Potter immediately sneaked away. The next witness proved the
finding of the knife near the corpse. A third witness swore that he had often seen the knife in Potter's possession.
Several witnesses testified to Potter's guilty behaviour when he had been brought to the scene of the murder. But
they
were all allowed to leave the stand without being cross-examined by Potter's
lawyer. The perplexity and dissatisfaction of the house were expressed in
murmurs and provoked a reproof from the Judge.
A groan escaped from poor Potter, and he put his face in his hands and
rocked his body to and fro, while a painful silence reigned in the courtroom.
Many men were moved, and many women's compassion testified itself in tears.
Counsel for the defence rose and asked the Judge for permission to call Thomas
Sawyer as a witness for the defence.
Tom rose and took his place upon the stand. Every eye fastened itself on him as the oath was being administered.
"Thomas Sawyer, where were you on the seventeenth of June, about the hour of midnight?"
Tom glanced at Indian Joe's iron face and his tongue failed him. After a few moments, however, he managed to put
enough strength into his voice so that he could be heard by part of the house. Tom was asked to speak up a little
louder and to tell the court about everything that occurred that night without skipping anything. Tom was also asked
not to mention his companion's name as the latter would be produced at the proper time.
Tom began - hesitatingly at first, but as he warmed to his subject, his words flowed more easily; in a little while only
his voice was heard; every eye was fixed upon him; the audience hung upon his lips rapt in the ghastly fascination of
the tale. Tom said that he had been hidden behind the elms in the graveyard. He confessed a trifle shyly that he had
taken a dead cat with him to the graveyard. Potter's lawyer added that the skeleton of the cat would be produced as
evidence. There was a ripple of laughter when the dead cat was mentioned, but it was checked by the Judge.
The strain of the audience reached its climax when Tom began describing the fight in the graveyard. The audience
heard that Dr. Robinson had
194
been killed by Indian Joe with Muff Potter's knife while Potter lay unconscious on the ground.
Crash! Quick as lightning, Indian Joe sprang for a window, tore his way through all opposers, and was gone!
Tom was a glittering hero once more - the pet of the old, the envy of the young. His name was even immortalized in
print, for the village paper magnified him. There were some that believed that he would be elected President yet, if
he escaped hanging.
Tom's days were days of splendour and exultation for him, but his nights were seasons of horror. His dreams were
infested by Indian Joe, and always with doom in his eyes. Half the time Tom was afraid that Indian Joe would never
be captured; the other half he was afraid he would be. Daily Tom was made happy by Muff Potter's gratitude, but
nightly he was sorry that he had not sealed up his tongue.
Rewards had been offered, the country had been scoured, but no Indian Joe was found. The slow days drifted on,
and each left behind it a slightly lightened weight of apprehension.
(After M Twain)
TASK 2. Find in the text the equivalents for the following words and expressions.
свидетель;
вызвать свидетеля;
давать свидетельские показания;
поклясться;
место преступления;
доказать;
подвергнуть перекрестному допросу;
судить кого-либо за преступление;
зал суда;
подозревать кого-либо в убийстве;
свидетельство;
предъявить вещественное доказательство;
назначить награду за что-либо;
осудить кого-либо за убийство;
объявить заседание суда открытым;
поймать (схватить) кого-либо;
адвокат обвиняемого;
свидетель со стороны защиты;
привести к присяге.
195 TASK 3. Answer the questions, making use oj the above - given vocabulary.
\. What event stirred the monotonous life of the village where Tom Sawyer lived?
2.
Was Tom Sawyer suspected of knowing anything about the murder? How did he feel about the
situation?
3.
Who was likely to be convicted of the murder? Was his guilt proved?
4.
What testimony was given by the witnesses on the last day of the trial?
5.
Why were the people present at the trial dissatisfied?
6.
What testimony did Tom Sawyer give? What was the reaction of the audience to it?
7.
How did Indian Joe manage to escape?
8.
Was Tom Sawyer satisfied with what he had done? What was he terribly afraid of?
TASK 4. Look at the picture of an American court Match the numbers in the picture with the words below.
Jury;tH
court officer; reporter; gavel;
transcript; court;
jurybox;^ defendant;
robe;
witness; prosecuting attorney; bench;
defence attorney; judge;*
witness stand, x
196
TASK 5 Role-play. In class, distribute the roles and play the scene of cross-examining the witnesses on the last day
of the trial.
197
accomplice [s'komplis] affidavit [.aeff deivit] assault [s'sorlt] bigamist ['bigamist] caucus ['korkos ] councillor
['kaunsdld] counterfeit ['kauntafitj delinquent [df hrjkwsnt] deterrent [di'terant] employee [.emploi'i:] enquire
[m'kwais] forger [' hijack impartial [im'pa:J 1] injure ['ind^s] indictment [m'daitmgnt] indict [m'dait] illegal [i'li:gl]
juvenile ['d^uivanail] legal [li:gl] license ['laisans] magistrate ['maed^istreit] marijuanna ['msen'hwa:n9]
misdemeanor [^isdi'miina] peremptory [ps'remptsn] perjury ['p9:d 5n] personnel [,рэ:8Э'пе1] plaintiff ['plemtifj
prejudice ['predzudis] preponderance [pn'pondarans] rehabilitate [,ri:h9'biliteit] sovereign ['sovrin] stowaway
['stous.wei] unanimous Ou: 'naemmas] voir dire [.vua'di (r)]
198
SOME NAMES WITH DIFFICULT PRONUNCIATION
John Chisholm [4| i zam] Sean Connery [Jorn ' Roger Moore [mua] Kenneth More [mo:] Cassius ['kaefasj Julius
Caesar ['si za] Cain [kern] Abel [e ibl] Eden [idn]
Cagliostro [kae'ljostrsu] Caligula [.kae'ligjab] Al Capone [ka'pauni] Dreyfus ['draifas] Zola [zau'la:] Thomas More
fmo:] Fawkes [fo:ks] Macbeth Duncan Banquo f'baerjkwau] Robespierre [.raubes'pja]
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