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Архитектура Аудит Военная наука Иностранные языки Медицина Металлургия Метрология Образование Политология Производство Психология Стандартизация Технологии |
С.И. Кузьминская, Е.В Устинова,Стр 1 из 19Следующая ⇒
С.И. Кузьминская, Е.В Устинова, С.Т. Розанова, О.Ю. Векшина, Е.В. Корнеева, Н.Г. Гурова, Е.Б. Крутских Учебное пособие Москва – 2018 УДК 811.111 ББК 81.2я73 М84 Рецензент: доктор филологических наук, доцент, заведующий кафедрой русского иностранных языков ФГКОУ ВО «Академия Следственного комитета РФ» А.Н. Долгенко Научный редактор: доктор филологических наук, профессор Г.Г. Слышкин
Basic Insights into Legal English: Учеб. пособие / С.И.Кузьминская, Е.В Устинова, С.Т. Розанова, О.Ю. Векшина, Е.В. Корнеева, Н.Г. Гурова, Е.Б. Крутских – М.: Статут, 2018. – 120 с. [Углубленное изучение юридического английского: Учеб. пособие – на англ. яз.]
ISBN (в обл.) Материал учебного пособия предназначен для студентов Вузов, обучающихся по специальности 40.03.01 «Юриспруденция», а также для всех, кто углубленно изучает английский язык и заинтересован в освоении базовых навыков работы со специальными текстовыми материалами. Пособие позволяет сформировать лексический минимум, необходимый для эффективной работы с юридическими текстами, закрепляет базовые знания в области грамматики английского языка, предлагает обширный материал для обсуждения различных аспектов профессиональной деятельности будущих юристов. Доступность изложения материала обеспечивает эффективное освоение навыков межкультурной коммуникации в сфере профессионального общения. УДК811.111 ББК 81.2Я73 ISBN © КузьминскаяС.И., Устинова Е.В., Розанова С.Т., Векшина О.Ю., Корнеева Е.В., Гурова Н.Г., Крутских Е.Б., 2018 CONTENTS
PART I CORE SUBJECTS FOR LEGAL STUDIES Unit 1. What is Law? Reading 1. Glossary
The question “What is law? ” has caused disputes among people for a long period. There are many definitions of law. However, law can be defined as limits upon various forms of human behaviour. Such laws prescribe rules that regulate the conduct of people in society. They are prescriptive laws. Since the Ancient Times the relations between people have been regulated by prescriptive laws. The most informal of them are customs. People learn about rules of social behaviour at home, in school, through communication with friends and other people. Customs are not written down and if anyone breaks a custom, they do not suffer any penalty. But other members of society may criticize them or even act violently towards them. The rules of social institutions, for example sport clubs, are more formal and usually written down. Those who break these rules carry precise penalties. But if a person refuses to accept any punishment, the club may only ask him to leave the club. The most formal rules and regulations are laws made and enforced by governments. All citizens are expected to respect and obey laws. And though there may be instances when the law is not enforced against someone, according to the general nature of the law it is enforced equally against all members of society. It means that average citizens and government officials such as senators, judges, and even the president are required to support the legal system and obey its laws. No one is above the law. Laws fall into two major groups: Civil law that concerns disputes among citizens within a country and Public law that concerns disputes between citizens and the state or between one state and another. Civil laws regulate many everyday situations, such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence. Public law includes Constitutional law, Criminal law and International law.
Exercise 1. Decide whether these statements are true or false according to the information in the text. If the statement is false, find the correct answer.
1. The laws describe rules that regulate the conduct of people in society. 2. Customs are the most formal rules of social and moral behaviour. 3. If anyone breaks a custom, he doesn’t suffer any penalty. 4. All citizens are expected to respect and obey laws. 5. Civil Law concerns disputes between citizens and the state.
Exercise 2. Answer these questions. Use the information from the text.
1. What are prescriptive laws? 2. What laws are the most formal? 3. Do people suffer any penalty if they break customs? 4. Are laws enforced equally against all members of society? 5. How do Civil and Public law differ?
Exercise 3. Complete these sentences with the correct word or word combination.
1. The relations between people are regulated by………… laws. 2. The state ……….. are the most formal laws. 3. Government-made laws are ………… against the citizens. 4. Public law concerns ………… between citizens and the state. 5. A person may refuse to accept ……… when he breaks rules of social institutions.
Exercise 4. Match the words and word combinations to their definitions.
Reading 2. Read the text and complete the glossary. Governments often make laws that are patterned upon informal rules of people’s conduct. In fact, relations between members of society are regulated by a combination of customs, rules of social institutions and government-made laws. It can be demonstrated on the incident that happened in a certain sports club. Let’s suppose that a footballer so much disagreed with the decision of the referee during the game that he hit him and even broke his tooth. At the level of social custom, the footballer won’t suffer any penalty. But people would probably criticize him and try to make him apologise. At a more formal level of rules of that sports club the footballer would face punishment in the form of a fine, moreover he could be disqualified for a certain period of time. Finally, the footballer may also face the prosecution under government-made laws for attacking the referee. In many countries the prosecution might be of two kinds – civil and criminal. First, the referee could start a civil action demanding compensation for his injury. Second, the police could also start an action against the footballer for the crime of violence. In this case the punishment may be very serious. If the court finds the footballer guilty, he might be sent to prison, besides, the footballer might be made to pay a fine to the court as a punishment for an offence against the state. Governments in many countries usually consider anti-social behavior to be a danger to the order and well-being of society as a whole.
Glossary
Exercise 5. Answer the questions based on the text.
1. In what way are relations between members of society regulated? 2. What happened in a sports club? 3. How would the footballer be punished at the level of customs and social institutions? 4. What kind of prosecution might the footballer face? 5. Who starts the action for the crime of violence? 6. At what level might the punishment be the most serious? Why?
Exercise 6. Match the words to make word combinations.
Reading 3. Read the text and summarize the main idea. Every society that has ever existed has recognized the need for laws. But what motivates governments to create and enforce laws? Social control is probably the first purpose. No doubt that the power and authority of the state are established by Public laws. The framework for peaceful interaction among citizens is provided by civil laws. Without laws there could be disorder and anarchy in society. One more purpose to have laws is the implementation of justice. But the matter is that very few people can say definitely what justice is, most of us only feel that it is something very important. The concept of justice differs in every culture. It has been the subject of debates for philosophers, theologians and legislators since the time when the Ancient Greek philosopher Plato set up his first theory of justice. The common place of these debates is the following. The values which are created and dominate in the society influence the notion of justice. The word “justice” is often used together with the word “fairness”. We all want to be treated fairly. But we all are very different, and what is fair for one group of people may be unfair for another one. In fact the everyday notion of justice and fairness is rather far from their theoretical definitions. And governments have much more practical considerations such as rising crime rates to enforce laws. Sometimes laws look like an attempt to use common sense, but it is not so simple because common sense itself is a complex combination of skills based upon behaviour of different people in different situations. In general, the motives to make and to enforce laws are based upon several purposes. And the government-made laws reflect this combination.
Revision
1. How may the word “law” be defined? 2. What is prescriptive law? 3. What are the three kinds of rules governing relations between people? 4. How are customs made? Are they formal? 5. Do people suffer any penalty if they break customs? 6. Who makes and enforces laws? 7. Is the law enforced equally against all members of society? What happens if anyone breaks a law? 8. What incident took place in a certain sports club? 9. What penalty could the footballer suffer at the level of customs and rules of social institutions? 10. What two kinds of prosecutions could the footballer face? What punishment would he have?
Recommended literature
1. Krois-Lindner A., First M., Introduction to International Legal English, Cambridge. - University Press, 2008. 2. Lee P. Arbertman, Edward L. O’Brien, Street Law, Eighth Edition, - Glencoe The McGraw-Hill Companies, 2010. 3. Rowell R., Law today, - Longman, 1993. 4. Агабекян И.П., Практический английский для юристов, Ростов-на-Дону, - Феникс, 2003. 5. Гуманова ЮЛ., Свешникова М.Л., Королева-Мак-Ари В.А., под редакцией Шишкиной Т.Н. Just English, английский для юристов, базовый курс, - «Кнорус», 2016. Unit 2. A Career in Law Reading 1. Glossary
Reading 1. Glossary
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Revision 1. What is Constitutional Law? 2. What does Constitutional Law deal with? 3. What are the key tasks of Constitutional Law? 4. In what way does the Constitutional Law protect the human rights? 5. What’s the difference between codified and uncodified constitutions? Give an example of a country, which has uncodified constitution. 6. How many articles are there in the US Constitution? 7. What do you know about British Constitution? 8. What are main differences between the American and British Constitution? Recommended Literature 1. Lee P. Arbertman, Edward L. O’Brien, Street Law, Eighth Edition, - Glencoe The McGraw-Hill Companies, 2010. 2. Rowell R., Law today, - Longman, 1993. 3. Brown G.D., Sally Rice. Professional English in Use. Law. - Cambridge University Press, 2007. 4. Glenn Patrick H. Legal Traditions of the World. - Oxford press, 2004. Unit 4. Contract Law Reading 1. Glossary
Unit 5. Tort Law Reading 1. Glossary
Reading 1. What is Tort Law A tort is a civil wrong other than a breach of contract. This wrong causes harm to a person or property and may be physical, emotional or financial. Tort law has two aims: to redress a wrong and to stop potential tortfeasors from committing such wrongs. The most common remedy in tort law is monetary damages. The injured party may also sue for injunction to stop tortious conduct. There are three categories of torts: intentional torts (e.g. assault and battery), negligent torts (e.g. a traffic accident, caused by failing to obey traffic rules) and strict liability torts (e.g. making and selling defective products). While a crime is committed against society, a tort is committed against an individual. Torts are handled in the civil courts where the injured party brings an action against the wrongdoer. The party who brings an action in tort is called the claimant ( plaintiff, US) and the other party is called the defendant. Unlike in criminal cases, where the defendant may be found guilty and punished, in tort cases the defendant may be found liable and ordered to pay compensatory damages and sometimes punitive damages. Compensatory damages compensate the victim for the harm, and punitive damages punish the tortfeasor. Exercise 1. Answer the questions based on the text.
1. What is tort? 2. What are the aims of tort law? 3. What are the remedies available at tort law? 4. What are the three categories of torts? Give examples. 5. How is a tort different from a crime? 6. How is an action in tort started and what are the parties to the case called? 7. What is the difference between the outcomes in criminal cases and cases in tort? 8. What are the two types of damages awarded in a tort case and what are their purposes? Reading 2. Read the case Liebeck v. McDonald's Restaurants and complete the glossary
Case study: Liebeck v. McDonald's Restaurants Part 1. In 1992, Stella Liebeck, a 79-year-old woman from New Mexico bought coffee from a Macdonald’s drive through restaurant. While parked, she put the cup between her legs and accidentally spilled the hot drink on her lap. Stella suffered serious burns over 16 per cent of her body and had to be hospitalised for 8 days. Her daughter had to look after her for three more weeks and the medical treatment lasted for over two years. Eventually, she sued the company for gross negligence and demanded compensation of $20, 000, claiming that the coffee was “defectively manufactured”. The company offered her just $800, which did not cover even her medical expenses. The case went to trial and the jury found for the claimant. They said that the company was 80 percent liable for the incident and Stella was 20% liable. They awarded Stella Liebeck $160, 000 in compensatory damages for her pain and suffering and $2.7 million in punitive damages, which was later reduced as Stella Liebeck was partially responsible. To avoid costly appeals against the verdict, the two parties ultimately settled out of court for a sum of about $600, 000. Exercise 6. The case Liebeck v. Macdonald’s Restaurants follows several stages which are listed below. Try to identify each stage. Facts ……………………………………. Action ………………………………....... Complaint ………………………………. Judgment ………………………………. Reasoning ………………………………… Damages awarded ……………………….
Exercise 7. The case gave rise to the attacks on “frivolous lawsuits” in the United States. Here is some of the evidence that the jury heard at the trial. Decide which arguments are for the claimant and which for the defence. They are in the jumbled order. Put them in the table below.
· The coffee was served at a dangerously hot temperature of 180-190F (82-88C) and was likely to cause serious injury. · She was the passenger in the parked car. · Nobody wants to admit that it was her own fault, when such things happen there is always somebody else to blame. · The company received more than 600 previous reports of injury from its coffee but was not taking it seriously. · The reason why the company served coffee at this temperature was that people wanted it hot; otherwise it might be sued for coffee being too cold. · The company was aware of the potential risk to consumers but refused to change its policy. · Such huge verdicts promote compensation culture in the US. · The number of injuries is insignificant compared to the billions of coffee cups sold per year. · The company admitted that it did not warn consumers of the potential risk. · The punitive damages amounted to about 2 days of revenue for McDonald’s coffee sales.
Exercise 8. Go through the case notes again and find more arguments for and against the judgment for Stella Liebeck. Exercise 9. Consider the arguments carefully and give your own judgement.
Exercise 10. Word building. Complete the following table, using the dictionary if necessary.
Exercise 11. Choose one of the words from the table to complete the following sentences.
1. A woman filed a __________ against Starbucks for allegedly serving her too much ice in the drink. She _____________ that iced coffee contains too little caffeine. 2. In law, _______________ is an agreement between the litigating parties, reached before or after the court action begins. It may be preferable ____________ the case to avoid legal costs or high punitive _________________. 3. The court ruled that the defendant cannot be ______________ again for the same offence on double jeopardy grounds. 4. _____________ are a sum of money awarded by the court to be paid by the court to the victim as a compensation for the harm or loss. 5. If a party does not agree with the verdict given, it can ___________ it. 6. The leaking roof seriously _____________ the tenant’s furniture and he _____________ the landlord claiming negligence.
12. Problem solving
· The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle · There was a dereliction or breach of that duty · The tortfeasor directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury]. · The plaintiff suffered damage as a result of that breach § The damage was not too remote; there was proximate cause to show the breach caused the damage
Problem: Woman v. Act of God: An Israeli woman sued a TV station for making an inaccurate weather forecast. The station predicted good weather but it rained. The woman claimed that the forecast caused her to dress lightly and as a result she caught the flu, missed a week of work, and had to spend money on medication. She further claimed that the whole incident caused her stress. She sued for $1, 000.
What would be your ruling in this case? Consider the five elements of negligence. * Present Perfect Present Simple Positive | I/ You/ We/ They | go | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| He/ She/ It | goes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Negative | I/ You/ We/ They | do not (don’t) | go | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| He/ She/ It | does not (doesn’t) | go | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Questions | Do | I/ You/ We/ They | go? | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Does | he/ she/ it | go? | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Use | Example |
| 1. We use the present simple to talk about habits, things that we do regularly. | We usually try to settle the problem out of court. |
| 2. We use the present simple to talk about facts, things that are always or usually true. | My sister works in a law firm. |
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Time expressions | |
| · in September, · in the morning/ afternoon/ evening, · every day/ week/ month, · once/ twice/ three times a week/ month/ year | · always, usually, often, sometimes, never NB! These adverbs of frequency come before the main verb, but after the verb to be: She never breaks the law. She is seldom in bed before midnight. |
Present Continuous
Positive
I
You/ We/ They
He/ She/ It
Negative
I
You/ We/ They
He/ She/ It
Questions
I
you/ we/ they
he/ she/ it
| Use | Example |
| 1. We use the present continuous to talk about something that is happening now. | Sam is reading a book. |
| 2. We use the present continuous to talk about temporary situations. | Peter is studying for his exam this weekend. |
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Time expressions | |
| · now, right now, at the moment, today · this week/ month/ year · these days
The police are looking for the evidence at the moment.
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Present Perfect
Positive
I/ You/ We/ They
He/ She/ It
Negative
I/ You/ We/ They
He/ She/ It
Questions
I /you/ we/ they
he/ she/ it
Use
Example
1. We use the present perfect to talk about things that happened in the recent past but have a result in the present.
He has broken the law. He is under arrest now.
2. We use the present perfect to talk about our experience.
I have read about this crime.
Remember
We use ever with the present perfect in questions.
Have you ever drafted a contract?
We use never with the present perfect in positive sentences.
We have never discussed his will.
We use for (+ a period of time) to say how long something has continued.
I have worked on this case for two months.
We use since (+ a point of time) to say when something started.
He has looked for a good internship programme since June.
We use how long in questions, to ask when something started.
How long have you known him?
Other time expressions: already, just, always, recently, lately, this week, etc.
Past Simple
| Positive | I/ You/ We/ They He/ She/ It | went / visit ed
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| Negative | I/ You/ We/ They He/ She/ It | did not (didn’t) | go / visit | |
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| Questions | Did | I /you/ we/ they he/ she/ it | go / visit | |
| Use | Example |
| 1. We use the past simple to talk about an action that started and finished in the past. We usually say when it happened. | The police arrested him two days ago. |
| 2. We use the past simple to talk about situations that were true in the past. | He worked in this law firm three years ago. |
| 3. We use past simple to talk about past habits. | My brother read a lot of detective stories when he was young. |
Remember
Time expressions
Sonia Sotomayor
Sonia Sotomayor ………….. (be) born on June 25, 1954 in New York. When she ……….. (be) 12, she ………….. (see) the TV show Perry Mayson and ………….. (decide) to become a judge. She ………………….. (graduate) from Yale Law School and ………….. (pass) the bar in 1980 and ………… (begin) to work as an assistant district attorney in Manhattan. Sotomayor …….. (be) responsible for prosecuting robbery, assault, murder, police brutality and child pornography cases.
She ………… (become) a U.S. District Court Judge in 1992.
Ms. Sotomayor’s childhood ……….. (not be) easy. She ………… (be) from a poor Latina family. Her mother ………. (be) a nurse and her father ………. (be) a tool-and-die worker. When her father ……… (die), her mother ………. (work) hard to raise her children as a single parent. But she ……….. (do) her best to provide them with proper education.
Ms. Sotomayor …………. (become) an outstanding professional and in 2009 President Barack Obama ………… (announce) his nomination of her for Supreme Court of Justice.
Past Continuous
Positive
I /He/ She/ It
You/ We/ They
Negative
I /He/ She/ It
You/ We/ They
Questions
I /he/ she/ it
you/ we/ they
| Use | Example |
| 1. We use the past continuous to talk about an action that was in progress at a specific time in the past. | At two o’clock yesterday he was negotiating the terms of a contract with his partners. |
| 2. We use the past continuous to talk about two actions that were in progress at the same time in the past. In this case, we use while with the past continuous. | He was listening carefully while he was explaining his behaviour. |
| 3. We use the past continuous to give the background information in a story. | It was raining. John was driving his old truck through the forest. It was getting dark. |
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Time expressions | |
| While, when, as, all day / night / morning, etc.
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Past Perfect
| Positive | I /He/ She/ It You/ We/ They | |||
Had done
I /He/ She/ It
You/ We/ They
Had not (hadn’t) done
I /he/ she/ it
you/ we/ they
| Use | Example |
| 1. We use the past perfect to talk about something that happened before a certain time in the past. | The meeting had finished by 6 o’clock. |
| 2. We use the past perfect for the action which happened first and the past simple for the action which happened later. | They had arrived by the time we left. |
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Time expressions | |
| We often use these time expressions with the past perfect: by, already, after, just | Diana phoned after I had come home. I had just finished my report when Matt phoned. |
Unit 3. The Future
Future Simple
| Positive | I /He/ She/ It You/ We/ They | will | do | |
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| Negative | I /He/ She/ It You/ We/ They | will not (won’t) | do | |
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| Questions | Will | I /he/ she/ it you/ we/ they | do | |
| Use | Example |
| 1. We use the future simple to say what we think or know will happen in future. | I think you will like your new job. |
| 2. We use the future simple to talk about something we decide to do at the moment. | Look. There’s Sam. I’ll say ‘hello’. |
| 3. We use the future simple when we promise to do something. | I promise. I’ll be back soon. |
| 4. We use the future simple when we offer to help somebody. | I’ll write this report for you. |
| Remember | |
| We do not use the future simple after: before, until, as soon as, after, if and when. We use the present simple instead. | I will call her when I complete my report. |
Time expressions
Tomorrow, next Monday / week / year, in May / the summer, on Friday, at the weekend.
Exercise 1. What will life be like in fifty years? Look at the prompts and make sentences using will or won’t.
1. People / stop committing crimes._______________________
2. Robots / do most of work. ____________________________
3. Everyone / speak English. ____________________________
4. Russia / become a superpower. ________________________
5. People / die of serious diseases ________________________
6. Courts / disappear __________________________________
7. Children / learn Law at school._________________________
Exercise 2. Answer the following questions about yourself using I think, I expect, I hope, I am afraid, I am sure.
a. What will you do after graduation?
b. When will you speak English well?
c. Where will you have your internship?
d. When will you get your Master’s degree?
e. Who will help you with your work?
f. What will you do if you are arrested?
Be going to
Positive
I
Am going
to read a book
He/ She/ It
Is going
You/ We/ They
are (‘re) going
Negative
I
Am not going
to read a book
He/ She/ It
Is not (isn’t) going
You/ We/ They
Are not, aren’t going
Questions
I
to read a book
he/ she/ it
you/ we/ they
| Use | Example |
| 1. We use be going to make a prediction based on the present situation. | We are late. We are going to miss our train. |
| 2. We use be going to talk about our plans and intentions for the future. | I am going to discuss this problem with my friends. |
|
Present Continuous | |
| We can use the present continuous to talk about things we have planned and arranged to do in the future | We are leaving for London next week. |
Exercise 4. Complete the sentences with be going to.
1. I …………… a lawsuit. (file)
2. Our company ……………… damages from the breaching party. (demand)
3. He ……………… legal action against the seller of the defective goods. (take)
4. We ………. a lawyer as the legal risk seems insignificant. (not hire)
5. What ….. you……… if the jury find him guilty? (do)
6. ……… the seller …………… his obligations? (carry out)
Exercise 5. Complete the sentences with will or be going to.
1. I am not quite sure you ………… (manage) to set up an appointment with an attorney at once.
2. I think first of all the legal assistant or a paralegal ………. (gather) the information for an attorney to review your case.
3. …………. you ………. (apply) for this job. It sounds really promising.
4. We ………………. (not settle) the case out of court. We have other plans.
5. The judge ………….. (ask) him some very unpleasant questions. He’d better be prepared.
6. I promise I ………… (tell) only the truth.
UNIT 4. THE PASSIVE
Present Simple
Positive
Am, is, are
past participle
The office is clean ed
Negative
Am not, isn’t, aren’t
past participle
The office isn’t clean ed
Questions
subject
past participle
Is the office clean ed?
Present Continuous
Positive
am, is, are + being
The office is being clean ed
Negative
am not, isn’t, aren’t+ being
The office isn’t being clean ed
Questions
am not, isn’t, aren’t+ being
subject
Is the office being clean ed?
Future Simple
Positive
subject
Will be
past participle
The office will be clean ed
Negative
subject
Won’t be
past participle
The office won’t be clean ed
Questions
Will be
subject
past participle
Will the office be clean ed?
When we want to say who did something in a passive sentence, we use by + agent
The Passive
Present Perfect
Positive
subject
Have/ has been
past participle
The office has been clean ed
Negative
subject
Have / has not been
past participle
The office hasn’t been clean ed
Questions
Have/ has
subject + been
past participle
Has the office been clean ed?
Past Simple
Positive
subject
Was / were
The office was clean ed
Negative
subject
Was not / were not
Wasn’t / weren’t
The office wasn’t clean ed
Questions
Was / were
subject
Was the office clean ed?
Past Continuous
Positive
subject
Was/ were being
past participle
The office was being clean ed
Negative
subject
Wasn’t/ weren’t being
past participle
The office wasn’t being clean ed
Questions
Was/ were
subject + being
past participle
Was the office being clean ed?
Past Perfect
Positive
subject
Had been
past participle
The office had been clean ed
Negative
subject
Had not / hadn’t been
past participle
The office hadn’t been clean ed
Had
subject + been
past participle
Had the office been clean ed?
Bank Robbery
Robbers held the director of the Bank of New York at gunpoint last night. The criminals took almost $40 000 from the bank safe. They also ordered the bank workers and clients to give their personal money and jewelry. The robbers made their escape through the roof. They injured the guard when he tried to stop them. Police arrested the robbers early this morning.
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Unit 5 Modal Verbs
Forms and meanings
Positive Sentences
| can could | ability permission(можете) arrangement | He can speak Chinese perfectly. You can come at 7. They can see the doctor at 10: 30 He could run fast when he was young. |
| must | necessity obligation duty command strong advice | You must visit India one day! He must talk to a teacher. Passengers must wear seatbelts during take-off. They must leave the room at once. You must try snowboarding. It's great! |
| may might | permission possibility (может быть, возможно ) | He may speak to him now. I may/might go to Italy this year. |
| should | moral obligation advice | He should help his parents. You should wear a hat. The sun is strong. |
Negative Sent ences
| cannot(=can't) could not (=couldn't) | phohibition (нельзя) possibility | You can't drive before 18. She can't cross the street here. You couldn't wear jeans at work. (they were not allowed) I had a party last Sunday but Mary couldn't come. |
| must not (mustn't) | prohibition (нельзя, запрещается) | They mustn't smoke in public. Students mustn't speak at the exam. |
| may not(=mayn't) might not (=mightn't) | prohibition (very sharp) (категорически запрещается) instruction | You may not walk across the railway line. Students mayn't enter the room during the exam. |
| should not (=shouldn't) | disapproval | You shouldn't eat a lot of cakes. They should not (=shouldn't) sit outside in the sun at midday. |
Questions
| can could | request | Informant: Can you lend me some money? Polite: Could I use your phone? Can/Could you be quiet, please? |
| must | necessity | Must I do this task? –Yes, you must. No, you needn’t |
| may | permission можно | May I see your garden? -Yes, you may. No, you can’t. May I make a suggestion? |
| should | ask for advice/ Opinion (следует ) | Should I buy something for dinner? - |
Passive voice
| Smth./smb. | can /could may/might must should | be | done |
The text must be translated into Russian.
They should be invited to the party.
Exercise 1. Fill in the gaps with can or can't.
Young people wanted for competition.
…….you speak English? ……you write business letters? …..you conclude contracts? ……you work overtime? ….provide us a copy of you Diploma in Law at our request? Then you …….immediately call us. Whatever you do, you have all the chances to become a famous lawyer one day.
You ……..enter the competition by phone or by email. We will then invite the lucky people for the interview.
Please note: we ……..answer every e -mail or phone call, so if you don’t hear from us in two weeks, it means we haven’t chosen you this time.
TEXT BANK: Read and Discuss
Law and Values
Laws generally reflect and promote a society’s values. Our legal system is influenced by our society’s traditional ideas of right and wrong. For example, laws against murder reflect the moral belief that killing another person is wrong. However, not everything that is immoral is also illegal. For example, lying to a friend may be immoral but is usually not illegal. We expect our legal system to achieve many goals. These include:
• protecting basic human rights,
• promoting fairness,
• helping resolve conflicts,
• promoting order and stability,
• promoting desirable social and economic behaviour,
• representing the will of the majority, and
• protecting the rights of minorities.
Many of society’s most difficult problems involve conflicts among these goals. For example, some laws give preference to minorities. Critics of these laws argue that they promote reverse discrimination and racial conflict. Proponents of such laws, however, argue that they make up for past discrimination and promote fairness by leveling an uneven playing field in society today. Achieving the goals just listed while trying to minimize conflict is a difficult task for our legal system.
Laws must balance rights with responsibilities, the will of the majority with the rights of the minority, and the need for order with the need for basic human rights. Reasonable people sometimes disagree over how the law can protect the rights of some without violating the rights of others. However, everyone must remember that laws are intended to protect people and resolve conflicts in everyday life.
Adapted from Street Law by Lee P. Arbetman
Why study Law?
Law is a subject where you can develop a range of skills and explore many aspects of human life. Studying Law as an undergraduate gives you the chance to sharpen your mind, strengthen your understanding and deepen your experience across the full range of humanities and social sciences.
Law should therefore appeal to those who want to develop both abstract thinking and practical problem-solving. And it's easy to see why you don't have to become a lawyer just because you've done a Law degree; many choose not to. A Law degree can give you the skills to be a successful lawyer, but also a successful producer, politician, manager, journalist, police officer or almost any other profession that requires intellectual strength combined with a practical approach to the world.
A Law degree has a number of advantages. Law students acquire both breadth and depth of legal knowledge. They will typically have covered 14 subjects during their Law degree and can appreciate the bigger picture of how law fits together, how law relates to other subjects such as legal history, criminology and philosophy.
A Law degree gives students the possibility to learn to talk about law simply and effectively, rather than fall into the stereotypes of legal language.
Law students acquire other skills as well. For example, many participate in mooting competitions, where they can develop skills in making oral presentations. Many participate in pro bono societies where they can give legal advice and support to real people with real problems. Such skills prepare students not only for careers as lawyers but also for diverse careers in politics-related fields, such as government, international organisations, the voluntary sector, and in business.
Adapted from http: //www.trin.cam.ac.uk
Pursuing a Career in Law
If you are considering law school, you are taking the first step toward a potentially rewarding career in the legal profession. A legal education can be one of the most challenging and fulfilling. There are many potential reasons one may choose to attend law school. Learning the skills of a lawyer and then using them in practice is the most common reason.
However, some may simply be interested in the complexities of the law and want to learn more about it. Still others are motivated to enter law school to introduce change through government, interest groups, or other non-profit organizations.
Like any other profession, not all lawyers are rich and successful. However, the legal profession is generally rewarding both personally and financially. A person with a background in legal education may not only practice law, but turn to other fields such as teaching, business, and advocacy.
Lawyers must be able to examine legal issues, while keeping in mind the constantly changing law and legal system. They also must be able to advocate diverse interests. This also means advocating interests with which they may not personally agree. Lawyers must have skills to communicate effectively, verbally and in writing. At the same time, successful attorneys must have the ability to effectively persuade and negotiate.
Practicing attorneys, therefore, are intricately involved in business dealings, political negotiations, and debating some of the most difficult issues facing society. The work of an attorney often involves avoiding and negotiating past conflict. In this manner, the work of an attorney can be very interesting. You'll find lawyers at work in the center of the biggest deals in government, business, and the non-profit sector.
Adapted from http: //www.umassd.edu
To Be or not to Be a Lawyer
So you think you want to a be a lawyer…well, it’s not as easy or glamorous as popular television shows portray.
First and foremost, students can plan on studying for about 7.25 years: four years of undergraduate work, three more years for law school, and then three long, hard months of studying for the bar exam.
Consider what type of law you’re interested in and focus on a degree in that particular field. Traditionally, liberal arts majors are precursors to law school; however, business backgrounds can be just as good.
It is important to obtain an undergrad degree but it is more important to take college seriously and obtain a high GPA; the higher the GPA, the more likely you are to be accepted to law school.
Once in law school, there is an old saying: “the first year they scare you to death, the second year they work you to death, and the third year they bore you to death”. For the most part this is true…all except for the third year. It is not necessarily boring.
Overall, most of a law student’s time is spent reading. For every hour spent in class, one spends about two to three hours outside of class studying. Obtaining high grades in law school is very important, especially if you want job offers. The better your rank within the class, the better job opportunities you will get.
There are many job opportunities that a law degree can provide, but there are two things that students should consider before entering law school. First are the loans. Law school can cost about $90, 000. Second is that being a lawyer is not always as glamorous or exciting as it appears in movies. Many attorneys spend most of their time outside of the courtroom researching and writing, not in high-profile trials.
Adapted from http: //www.collegeview.com
First Amendment
The first amendment of the Constitution of the United States protects the right to freedom of religion and freedom of expression from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the " separation of church and state." The free exercise clause prohibits the government from interfering with a person's practice of their religion.
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. The right to petition the government allow people to join together and seek change from the government.
Adapted from https: //www.law.cornell.edu
The Trial
Most lawsuits never go to trial. The parties settle their dispute or simply drop the case. Often, the outcome of a pretrial motion resolves the case or encourages one of the parties to settle. If a case does go to trial, it’s usually because the parties disagree so much about the underlying facts that they need a judge to decide whose version is correct.
Trials involve a set of rituals that are supposed to ferret out the truth. The biggest determinant of what happens in a trial is whether it is a trial by jury or a trial by judge. Many of the rules governing trial procedure are aimed at producing an impartial jury and making sure that the jury doesn’t receive evidence that is unreliable in some fundamental way. Judges, on the other hand, are presumed to be able to act impartially and tell reliable evidence from unreliable evidence.
Jury trials begin with the selection of the jury. The judge and lawyers for both sides question potential jurors about their knowledge of the case and possible biases relating to their clients and the important issues in the case. This process is called “voir dire.”
Once a jury is selected, the attorneys address the jury in opening statements that outline what they expect to show in the upcoming trial. Then the plaintiff begins, offering testimony from witnesses and information in documents to establish a version of events. The testimony and documents are then subject to challenge by the defendant through a process called “cross-examination.” Once the plaintiff’s case is presented, the defendant has the opportunity to present a defense, subject to the plaintiff’s cross-examination. Commonly, the plaintiff gets the last shot (called a “rebuttal”) in an opportunity to answer the defendant’s case.
Adapted from Legal Research by Stephen Elias
Irregular verbs
| Infinitive | Past Simple | Past participle |
| be | was / were | been |
| become | became | become |
| begin | began | begun |
| bite | bit | bitten |
| break | broke | broken |
| bring | brought | brought |
| build | built | built |
| burn | burned / burnt | burned / burnt |
| buy | bought | bought |
| catch | caught | caught |
| choose | chose | chosen |
| come | came | come |
| cost | cost | cost |
| cut | cut | cut |
| dig | dug | dug |
| do | did | done |
| draw | drew | drawn |
| dream | dreamed/dreamt | dreamed/dreamt |
| drink | drank | drunk |
| drive | drove | driven |
| eat | ate | eaten |
| fall | fell | fallen |
| feed | fed | fed |
| feel | felt | felt |
| find | found | found |
| fly | flew | flown |
| forget | forgot | forgotten |
| get | got | got |
| give | gave | given |
| go | went | gone |
| grow | grew | grown |
| hang | hung | hung |
| have | had | had |
| hear | heard | heard |
| hide | hid | hidden |
| hit | hit | hit |
| hold | held | held |
| hurt | hurt | hurt |
| keep | kept | kept |
| know | knew | known |
| learn | learnt/learned | learnt/learned |
| leave | left | left |
| Let | let | let |
| lose | lost | lost |
| make | made | made |
| mean | meant | meant |
| meet | met | met |
| pay | paid | paid |
| put | put | put |
| read | read | read |
| ride | rode | ridden |
| ring | rang | rung |
| run | ran | run |
| say | said | said |
| see | saw | seen |
| sell | sold | sold |
| send | sent | sent |
| set | set | set |
| show | showed | shown |
| sing | sang | sung |
| sit | sat | sat |
| sleep | slept | slept |
| smell | smelt/smelled | smelt/smelled |
| speak | spoke | spoken |
| spend | spent | spent |
| stand | stood | stood |
| steal | stole | stolen |
| swim | swam | swum |
| take | took | taken |
| teach | taught | taught |
| tell | told | told |
| think | thought | thought |
| throw | threw | thrown |
| understand | understood | understood |
| wake | woke | woken |
| wear | wore | worn |
| win | won | won |
| write | wrote | written |
С.И. Кузьминская, Е.В Устинова,
С.Т. Розанова, О.Ю. Векшина,
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