Тема практического занятия № 27,28

Задания: Read the cases. Using the information from the texts and your background knowledge try to guess what category of law the situation refers to.

Case 1

Recently a small group of politicians initiated a debate about the principles of federal structuring of the country. They claimed that a multinational state should not be in a form of federation as this structuring presents less opportunities for the nation to choose whether to stay in the federal state or not. Any nation has a right to form its own state thus the principles of separatism should be clearly formulated in the state law.

What do you think about the situation? Does this point of view have any grounds? What principle of state structuring do you consider the best? (Give reasons to ground your choice)

Case 2

Part 1

James B. broke into the house of Mr. and Mrs. L. (who were on holiday at that time) and stole $20, 000 cash and some expensive jewelry from the safe. On his way out of the house he upset a coffee table in the lounge and broke

an ancient Chinese vase that cost $230, 000. Unfortunately, James did not notice that the house had a modern security system that informed the police about his presence in the house. As soon as he left the house he saw two police officers waiting for him. They handcuffed him and took to the police

station. What was the crime he was accused of? What might the penalty be?

Part 2

When the L’s were informed about the situation they returned from their trip to Florida at once. The first thing they noticed, were the remains of the vase on the floor. Mrs. L. broke into tears: it was a family tradition to give this

vase to girls as a wedding gift. Mr. L. was less emotional. He told that the vase was the most precious thing in the house and he wished James had stolen everything but hadn’t touched the vase. Mr. L. is now planning to sue

James to make him pay for the vase. What kind of lawsuit is it going to be? Do you think the L’s have legal

grounds for suing James? Would they get the money?

Case 3

The Supreme Court is now hearing a case about distribution of authority among the Ministry Of Defense and the State treasury. The case involves such administrative functions as ordering different types of weapons for the national Military Forces and financing all military contracts. The Defense Minister claims that the Treasury officials who know nothing about militarymatters set hurdles to the development of Nation’s Army and Navy. The spokesman for the treasury reported that the military officials cannot plan the expenses and are constantly asking for more and more finance giving no grounds for such increases.

Whose arguments seem more reasonable in the situation? Who should be responsible for military expenses?

Mark H. was sentences to 2 years of prison for shooting a burglar who broke into his house. The killed man was a habitual criminal who had been released from jail a couple of months before the misfortune. The prosecutor

considered the verdict fair because the killed criminal was not armed. Mark does not consider himself guilty and wants to appeal. “I have all legal rights to protect my family and my property”, he says. Is the verdict fair? What kind of court will hear the case? What might the outcome of the situation be?

Case 5

Part 1

K., 95, was lonely for most time of his life. He had no wife and no children. Unsuccessful in his private life, he was very fortunate in business and at the time of death he had a fortune of about $400, 000. When he died, his distant

relatives (grandchildren of his cousin) wanted to inherit his property, including the apartment in a prestigious district.

Do they have any legal rights for inheriting the property?

Part 2

Suddenly the relatives found out hat K. had left a will leaving all his property to a complete stranger. The relatives were shocked and indignant, they were really sure they had all chances to inherit the money and the flat. M., the beneficiary of the will, claims that she was helping the old man about the house and has all the legal and moral rights to get the fortune. The relatives want to take her to court.

What kind of case is it going to be? Do they have a chance to win and get the money? (Try to give legal grounds)

Тема СРСП 27, 28:

Задания: Read the cases. Using the information from the texts and your background knowledge try to guess what category of law the situation refers to.

Case 6

Anna M., 37, is going to sue her former employer. She was dismissed when the company she worked for decided to close its subsidiary in her city. About 40 employees are out of job now. Anna says the company has no rights to fire

her as she has three kids. Although her husband works, his salary is not enough to support the family, and it is highly unlikely that she will find a new job because of the high unemployment rate in the city.

Were there any legal grounds for her dismissal? Do you think she can succeed in the lawsuit?

Case 7

N., a Swiss company, sued Russia for breaking the terms of the contract. The spokesman for the company said that 10 years ago the company won governmental contract for importing some goods to the country. They claim that the country broke the terms of the contract and did not pay the whole sum. The country’s officials admit that the contract was broken but they claim that the price of the goods was twice bigger than the market one. They call the contract fraudulent. Who is right in the situation? What grounds should each of the sides give to the court to win the case?

Форма отчетности: устно

Задания на СРС: A2. Insert the words in the text and translate it in a written form.

Cases, statutes, governments, courts, precedents, a decision, previous,

before, differ from, define or codify

Common law systems, particularly that of England, ________ Continental law in having developed gradually throughout history, not as the result of government attempts to _________ every legal relation. Customs and court rulings have been as important as ________ (government legislation). Judges do not merely apply the law, in some cases they make law, since their interpretations may become ________ for other courts to follow. If the essential elements of a case were the same as those of ________ recorded cases, then the judge was bound to reach the same decision regarding guilt or innocence. If no precedent could be found, then the judge made ________ based upon existing legal principles, and his decision would become a precedent for other ________ to follow when a similar case arose. Sometimes ________ make new laws to modify or clarify the common law, or to make rules where none existed ________. But even statutes often need to be interrupted by the courts in order to fit particular ________, and these interpretations become new precedents.

Основная литература

1. Just English. Английский для юристов. Базовый курс (2001-2008)

2. Just English. 101 Texts on Law. Для будущих юристов

3. Just English. Legal Crosswords

4. Just English.Clones are Coming

5. Английский для юристов: учебник English for Law Students, Зеликман А. Я., Ростов-на-Дону, «Феникс», 2006

6. Английский язык для юристов, Шевелева С.А., Издательство: Юнити-Дана; 2005

7. Английский для юристов, Коллектив, Издательство: Омега — Л, Год: 2006

8. Курс юридического перевода, Назарова.

9. Перевод в сфере юриспруденции, Борисова Л.А. ВГУ, 2005.

10.Английский язык в международных документах: Право, торговля, дипломатия: для студентов факультетов международных отношений, международного права и иностр. яз. / И. И. Борисенко, Л. И. Евтушенко. Киев, 2001.

11.Английский язык для юристов, Колесникова, Нина Анатольевна: Москва, 2006.

12.Английский язык для юристов. Branches of law: Е. К. Павлова, Т. Н. Шишкина. — Ростов-на-Дону: Феникс, 2002

13.Test your professional English: Law: intermediate: upper-intermediate: advanced / Nick Brieger. — Harlow: Pearson Education; Harlow: Penguin English, 2006.

Неделя 15.

Тема практического занятия №15: Customary law.

Задания: Read through the text and complete the spaces (1-5) using the

Sentences below (a-e)

Customary law is generally derived from custom, meaning long-established practices that have acquired the force of law by common agreement. It does not vary. (1)……….. In some tribes, the tribal common law has been set out in different court decisions and written opinions over time and has become case law. Among several Pueblo communities, the matrilineal* system holds that property belongs to the female. (2)……….. Similarly, Navajo courts incorporate Navajo common law in decisions in probate, criminal, and child custody cases, and marital conflicts.

For many tribes along the Northwest coast, such as the Yurok, customary laws dictate the areas where families can conduct their fishing, hunting, and gathering. These areas are passed down from one generation to the next. When someone fishes in another family's area, it is considered an insult to the entire family. (3)………. Compensation may be with fish, fishing gear,

feathers, hides, beadwork, traditional clothing, or other forms of payment. Among several Pueblo communities, it is customary for discipline to be administered by the fiscale, who is responsible for maintaining the peace and overseeing the welfare of children and youth. (4)………. The fiscale advises the children about the consequences of their misconduct and may reprimand

them or refer them and their parents to services such as counseling.

In many tribes, information, beliefs, and customs are handed down orally or by example from one generation to another. For example, in the Minto Tribal Court of Alaska the resolution process involves a segment dedicated to ''traditional counseling'' by the facilitator* or presiding judge. (5)………. Often, these are expressed in parables* or creation narratives and beliefs. to renew relationships.

matrilineal – определяемый по женской, материнской линии

facilitator – someone who helps a group of people discuss things with each

other parable – a short simple story that teaches a moral or religious lesson

a) It is a general practice for parents to summon the fiscale when their children are unruly or misbehaving.

b) In a divorce or separation, property is divided according to the matrilineal definitions of property ownership and is written into the decisions of the traditional or tribal court.

c) This segment is traditionally set aside for the spokespersons or tribal officials to speak of community values, mores, and the consequences of misbehavior or misconduct.

d) Tribal common law is based on the values, mores and norms of a tribe and expressed in its customs, traditions and practices.

e) By custom, the wronged family calls a family forum as the proper way to handle the matter and to request compensation.

Тема СРСП 29, 30:

Задания: Translate the following extracts from newspaper articles.

1. “I have been convicted of breaking the law because I was trying to stop others from doing so. It’s totally unjust.”

2. “Three years ago, Mr. Fforde caused an outcry when he accused the Scottish Executive of breaching his human rights by abolishing the feudal system.”

3. “International arbitration is now recognized and can be enforced in the 132 countries which are members of the New York Convention of 1958.”

4. “The situation has been considerably simplified with the newly enacted Russian Code of Arbitration.”

5. “Putin lectured Bush about how Russia’s history dictates that it adopts a limited form of democracy.”

6. “In order to create a dynamic civil society, it is essential to guarantee both the liberty of citizens from extortion and the freedom to protect their private property.”

7. “Most companies involve charges of attempts to buy votes, financial abuses and violation of electoral law.”

Форма отчетности: письменно

Задания на СРС 29, 30: Choose a proper verb.

1) Congress (disobeyed/ adopted/ ignored) a law that allows women to become pilots in the Air Force.

2) If you don’t buy a ticket before you get on train you are (passing/ studying/breaking) the rules.

3) Many drivers (keep within/ ignore/ practise) the law and drive without using safety-belts.

4) When a Bill is (passed/ revoked/ followed) by Parliament and signed by Sovereign it becomes a law.

5) The British lawyers (lay down/ violate/ rely) mostly on customs, traditions and precedents.

6) If a man failed to (go in for/ go beyond/ observe) the law he can be punished.

7) The President (read/ enacted/ enforced) the Bill on animal rights.

8) A lawyer is a person who (studies/ obeys/ practises) law.

Форма отчетности: письменно

Основная литература

1. Just English. Английский для юристов. Базовый курс (2001-2008)

2. Just English. 101 Texts on Law. Для будущих юристов

3. Just English. Legal Crosswords

4. Just English.Clones are Coming

5. Английский для юристов: учебник English for Law Students, Зеликман А. Я., Ростов-на-Дону, «Феникс», 2006

6. Английский язык для юристов, Шевелева С.А., Издательство: Юнити-Дана; 2005

7. Английский для юристов, Коллектив, Издательство: Омега — Л, Год: 2006

8. Курс юридического перевода, Назарова.

9. Перевод в сфере юриспруденции, Борисова Л.А. ВГУ, 2005.

10. Английский язык в международных документах: Право, торговля, дипломатия: для студентов факультетов международных отношений, международного права и иностр. яз. / И. И. Борисенко, Л. И. Евтушенко. Киев, 2001.

11. Английский язык для юристов, Колесникова, Нина Анатольевна: Москва, 2006.

12. Английский язык для юристов. Branches of law: Е. К. Павлова, Т. Н. Шишкина. — Ростов-на-Дону: Феникс, 2002

Список литературы

1. Just English. Английский для юристов. Базовый курс (2001-2008)

2. Just English. 101 Texts on Law. Для будущих юристов

3. Just English. Legal Crosswords

4. Just English.Clones are Coming

5. Английский для юристов: учебник English for Law Students, Зеликман А. Я., Ростов-на-Дону, «Феникс», 2006

6. Английский язык для юристов, Шевелева С.А., Издательство: Юнити-Дана; 2005

7. Английский для юристов, Коллектив, Издательство: Омега — Л, Год: 2006

8. Курс юридического перевода, Назарова.

9. Перевод в сфере юриспруденции, Борисова Л.А. ВГУ, 2005.

10. Английский язык в международных документах: Право, торговля, дипломатия: для студентов факультетов международных отношений, международного права и иностр. яз. / И. И. Борисенко, Л. И. Евтушенко. Киев, 2001.

11. Английский язык для юристов, Колесникова, Нина Анатольевна: Москва, 2006.

12. Английский язык для юристов. Branches of law: Е. К. Павлова, Т. Н. Шишкина. — Ростов-на-Дону: Феникс, 2002

13. Test your professional English: Law: intermediate: upper-intermediate: advanced / Nick Brieger. — Harlow: Pearson Education; Harlow: Penguin English, 2006.

 

 

Вопросы для самоконтроля

1. studying law

2. historical sources of english law

3. classification of law

4. law and enforcement

5. states, statutes and constitutions

6. the uk and characteristics of english law

7. the european union and law

8. human rights

9. the judiciaries, law officers and legal profession

10. courts

11. legal sources

12. criminal law

13. the law of tort

14. the law of person

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