Text A. CIVIL AND PUBLIC LAW

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1. One important distinction made in English – speaking countries is between private, or civil, law and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.

The main categories of English civil law are:

Contracts: binding agreements between people (or companies);

Torts: committed by one individual against another individual’s person, property or reputation;

Trusts: whereby a person administers property for another person’s benefit rather than his own Land Law;

Probate: for dealing with property after the owner’s death;

Family Law.

The main categories of public law are:

Crimes: which, even when committed against an individual are considered to harm the well-being of society in general;

Constitutional Law: regulation of how the law itself operates and of the relation between private citizen and government;

International Law: of relations between governments and also between private citizens of one country and those of another.

In codified systems there are codes that correspond to these categories, for example, France’s Code Civil and Code Penal. Justinian’s Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. Consequently, most Continental criminal codes are entirely modern inventions.

2. Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.

3. The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal «beyond reasonable doubt»; but the plaintiff in a civil action is required to prove his case «on the balance of probabilities». Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

4. Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.

5. In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as «The People vs. (= versus, or against) Sanchez» in the United States and «R. (Regina, that is, the Queen) vs. Sanchez» in England. But a civil action between Ms. Sanchez and a Mr. Smith would be «Sanchez vs. Smith» if it was started by Sanchez, and «Smith vs. Sanchez» if it was started by Mr. Smith.

6. Evidence from a criminal trial is not necessarily admissable as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

7. Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.

8. Nevertheless there are many points of contact between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him – for example, to pay money to the winner of the action – the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.

9. Although the guilty defendant in a criminal case will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil cases is lower than it was in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.

10. It is also possible in English law to bring a civil action against the police. Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: обязательное соглашение; норма доказательств; правонарушение; гражданское правонарушение; начать судебное расследование; обвинение (сторона судебного процесса); подлежать преследованию; истец; ответчик; доказать виновность; признать виновным; подчиняться предписанию; возмещение убытков; уголовно наказуемое поведение.

3. Найдите и выпишите из текста 3 предложения, содержащие инфинитив. Определите формы и функции инфинитива. Переведите предложения на русский язык.

4. Найдите и выпишите из текста 3 предложения, содержащие причастие. Определите формы и функции причастий. Переведите предложения на русский язык.

5. Найдите и выпишите из текста 3 предложения, содержащие герундий. Определите формы и функции герундия. Переведите предложения на русский язык.

6. Переведите письменно абзацы 1, 2.

7. Напишите аннотацию к тексту, используя следующие клишированные словосочетания (3-5 предложений): the precis deals with …; the abstract is devoted to …; the work is concerned with … (bears on …, gives explanation of …, is intended to demonstrate certain phenomena, is designed to provide some information about …); the subject of the paper under review is …; the author touches upon the problem of …; … is (are) described; special attention is given (paid) to …; the chief aim (main purpose) of the work is …; the main result of the work is … (that it has given a clue to …).

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 7

Выполните следующие задания:

Прочтите текст.

Text A. CRIMINAL LAW

1. Crime is categorized as a part of public law – the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. But the way of dealing with people suspected of crime may be different from his own country.

2. In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, and for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as «common law crimes, » are still described mostly in case law.

3. There are usually two important elements to a crime: (I) the criminal act itself; and (II) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (I) Actus Reus and (II) Mens Rea. The differences between these can be explained by using the crime of murder as an example. In English law there is a rather long common law definition of murder: «The unlawful killing of a human being under the Queen’s Peace, with malice aforethought, so that the victim dies within a year and a day». Malice aforethought refers to the mens rea of the crime and is a way of saying that the murderer intended to commit a crime. The rest of the murder definition refers to the actus reus. The prosecution must show that the suspect did in fact cause the death of someone. If the prosecution fails to prove either actus or mens, the court must decide there was no crime and the case is over.

4. But even if actus and mens have been proved, a defendant may still avoid guilt if he can show he has a defense – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allow the defense of duress – being forced to commit a crime because of threats that you or someone else will be harmed if you don’t. Another defense is that of insanity.

5. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof. If it is proven the defendant will not be sent to a prison, but instead to a mental hospital. It might be argued that a person is not responsible for his actions if he is intoxicated – drunk or under the influence of drugs. In fact, an intoxicated person may not even know what he is doing and thus lacks mens rea. However, in Britain and many other countries, there is a general principle that people who knowingly get themselves intoxicated must be held responsible for their acts. Consequently, intoxication is not a defense.

6. Nearly every system of law recognizes the defense of self-defense. In English law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was reasonable to protect himself in the circumstances.

7. Although most criminal laws in the world refer to acts of violence or theft, there are laws regulating almost every kind of human behavior: for example, what we do with our land, what we say and write, how we run our businesses. Sometimes governments «create new crimes» by identifying a form of behavior and passing a new law to deal with it. In most industrialized countries existing theft laws were not adequate to deal with computer crimes where complex kinds of information are stolen, altered or used to deceive other, and, thus, new laws have been passed.

8. Technical change is one reason criminal law is one of the fastest growing areas of the law. Another reason is that the number of crimes committed in some countries seem to be increasing rapidly – although sometimes it is not clear whether people are breaking the law more, being caught more, or reporting other people’s crimes more. One more reason is that different societies – or perhaps it is different governments – continually review their ideas of what should and shouldn’t be considered crime. Homosexual acts and suicide were once crimes in all European countries, but have now mostly been decriminalized. On the other hand, discrimination against someone on the grounds of race or sex was not acknowledged as a crime until relatively recently, and is still not recognized in some countries.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: незаконный; совершить преступление; уголовно наказуемое деяние; намерение совершить преступление; злое предумышление; виновный в совершении преступления; доказать вину; обвинение (сторона в судебном процессе); ответчик; физическое принуждение; невменяемость; защита (возражение) ответчика; насильственное деяние.

3. Найдите в тексте и выпишите 3 предложения, содержащие инфинитив. Определите формы и функции инфинитива. Переведите предложения на русский язык.

4. Найдите в тексте и выпишите 3 предложения, содержащие причастие. Определите формы и функции причастий. Переведите предложения на русский язык.

5. Найдите в тексте и выпишите 3 предложения, содержащие герундий. Определите формы и функции герундия. Переведите предложения на русский язык.

6. Переведите письменно 2, 3 абзацы.

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 8

Выполните следующие задания:

1. Прочтите текст.

Text A. TORTS

1. The concept of tort – a wrongful act among private individuals – exists in most modern systems of law. The word itself means «wrongful» in French, but is used in the mostly English-speaking common law traditions.

2. The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else’s goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes an individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortuous act.

3. There are other differences between torts and crimes. As for all civil actions, the standard of proof required is lower than in criminal prosecutions. And for many torts it is not necessary to show any particular mental element, so tort actions are often appropriate in the case of accidents.

4. Of course not every wrong committed in society is remediable in tort; the plaintiff has to show that he has suffered an action recognized as a tortuous one, and he must show that his relation to the tortfeaser (committer of the tort) gives him the legal capacity to sue. Nevertheless, the law of tort covers a wide area of wrongdoings.

5. The requirements of proof differ for each tort. Sometimes it is necessary to show a degree of carelessness, as in the tort of negligence. In others, a defendant may be liable even if he was not at fault, such as the strict liability tort where an animal you keep on your land manages to escape and cause damage. In some torts it is necessary for the plaintiff to show that he has suffered actual damage or injury, such as the tort of nuisance, whereas in others no harm need be shown. For example, in the tort of false imprisonment, it is enough to show that you have been detained against your will, even if it was for a short time, no force or threats were used, and you were not harmed.

6. Although some torts refer to specific kinds of wrongdoing, the tort of negligence is used in many different situations: when someone falls into a hole in the road, for example, or is given the wrong treatment by a hospital, or is injured by faulty machinery at work. The number of negligence actions is increasing all over the world, as is the amount of damages.

7. To win an action in negligence, a plaintiff must show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this.

8. Some duties of care have been long recognized by the law and do not require much proof, for example, the duty of a doctor to exercise a high degree of care in treating his patient. But other duties depend upon the situation and must be proven. In English law a general principle has been developed that we owe a duty to people closely affected by our actions to avoid causing harm which we could reasonably have foreseen.

9. Using this principle, a large body of case law has been created to clarify the duty of care in different areas of life. In developing case law, the courts have also been guided by common sense and public policy. One aim is to allow people to get just compensation for harm suffered without letting them forget their own responsibility to take care of themselves. Another is to discourage a big increase in the number of civil actions because of the amount of time the courts would need to deal with this.

10. Nevertheless the number and variety of negligence actions increases year by year. At one time cases were only actionable if personal injury or damage to property could be shown, but it is now possible to claim for financial loss connected to this. Indeed, a person may sue for economic loss alone if this resulted from a negligent false statement, as in the case of a garage owner whose business failed to make profits because the previous owner had not told him a new road being built would divert cars away from the garage. Damages are now awarded for the mental distress caused by an accident, as well as the physical suffering. And it may even be possible for a third party to sue after suffering nervous shock as the result of witnessing an accident.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: гражданское правонарушение; противоправное деяние; возбудить гражданское дело; истец; ответчик; делинквент; спор; подлежать преследованию; предъявлять иск; возмещение ущерба; обязанность соблюдать осторожность; извлекать пользу; противоправное деяние, подлежащее рассмотрению в гражданском суде; жертва; доказательство.

6. Переведите письменно 1, 2, 3 абзацы.

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 9

Выполните следующие задания:

1. Прочтите текст.

Text A. CONSTITUTIONAL LAW

1. A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced.

2. One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. As a check upon over powerful government most modern constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu.

3. Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law(judicial).To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.

4. As well as defining the powers of government, most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality. 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.

5. Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the king or queen must approve any legislation passed by parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens rights would be better guaranteed by a written constitution, or at least a bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the constitution since all that is needed is a new statute or even a change in traditional procedure. Others argue that the flexibility of an unwritten constitution is a good thing, that the lack of a written constitution has not stood in the way of a long tradition of individual liberty in Britain, and that many countries with constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.

6. It can be difficult to compare the legal freedoms of countries with different cultures and economic levels, but some comparison is possible since many countries have similar constitutional provisions and claim similar aims. We can, for example, consider how effective the provision of separation of powers is. Ferdinand Marcos provides a typical case of over centralized power; he came to power with wide popular support and many reforming ideas but steadily reduced the rights of Philippine citizens and his family took over most of the executive, legislative and judicial functions of the state.

7. We can also consider the right of citizens to say and write what they want and to take part in public meetings and demonstrations. In Britain, the 1986 Public Order Act requires advance notice of peaceful protests, even if they do not obstruct other people in any way. In addition, the police may order the protesters to move or break up if they anticipate serious disruption of community life. These laws are more restrictive than those in most European countries.

8. Another area to consider is the ease with which an individual may obtain restitution for a wrong a public body has committed against him. In English law, the principle of judicial review enables a court to overturn a decision made by a government ministry that acted illegally or irrationally or beyond its authorized powers.

9. One important area to consider is the treatment of citizens suspected of crimes. Is innocence presumed unless guilt can be proven? (Yes in Japan and the Philippines, but sometimes no in Taiwan and Malaysia.) How long can the police hold a suspect before they must bring him before a court of law? (Twenty-four hours in Norway, three days and sometimes longer in Finland). Is a suspect entitled to free legal aid and choice of lawyer if he has no money? (Both in New Zealand, only the first in Austria.) Can the police search a private house without first obtaining a court warrant? (Illegal in Argentina, Peru and Paraguay but occasionally done in the first two, and very regularly done in the third.) Are trials open to the public? (Yes in Tanzania and Botswana, often not in Nigeria and Zaire). Many of these freedoms are so important that they may also be considered in the category of human rights.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: принцип разделения полномочий; принцип судебного контроля; исполнительный; законодательный; судебный; выполнять; соответствовать Конституции; конституционные права граждан; объявлять неконституционным (о законе); постановление; законодательный акт.

6. Переведите письменно 1, 2, 3 абзацы.

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 10

Выполните следующие задания:

1. Прочтите текст.

Text A. INTERNATIONAL LAW

1. We live in a time in which we are confronted with difficult questions concerning the destiny of the world, the future of the human race. Those questions are related in one way or another to the survival of nations, to man’s life and development. Many countries face similar social, economic and political problems and consequently have adopted similar legal solutions. Some areas of the law such as intellectual property and human rights, are particularly concerned with developing laws which are valid internationally. With more international business and travel and a growing awareness that many socio-economic and environment problems need global solutions, the future of the world of law appears to be one of internationalization.

2. There are two main kinds of international law: private and public. The former concerns the role of foreign laws within a particular country, while public international law deals with relations between states. International law is not new. Nations have always made political and economic treaties with each other. Nevertheless, most international law has been created in the twentieth century.

3. Among the most important international issues nowadays is the problem of elimination from the life of society of war as a means of settling disputes. All countries must work out universally recognized principles of peaceful coexistence of states with different socio-economic systems. This approach is based on the realization that today it is no longer possible to win the arms race, just as it is impossible to win in a nuclear war. The level of armaments stockpiled by all the opposing parties puts them all at the equal risk of being annihilated.

4. International humanitarian issues also include international legal settlement of armed conflicts and protection of their victims. In pursuing this policy, the international community has worked out a number of conventions and other legal instruments.

5. Vital international humanitarian issues include such global problems as hunger, poverty, underdevelopment and economic crises. It is common knowledge that more than 500 million people in the world are suffering from malnutrition because of insufficient production of food and its unequal distribution. According to statistics, every day the world spends $3, 000, 000, 000 on the senseless arms race, while at the same time every day 40, 000 children die of hunger and preventable diseases, for every 100, 000 of the world’s population there are as many as 566 soldiers and only 86 doctors; the cost of one modern nuclear bomber is more than is needed to vaccinate all the new-born babies in the world. Such problems can also be resolved only through the mechanism of international legal regulation.

6. Man’s tremendous technological progress has created the need for all countries to fight for survival in the sphere of ecology. It has been calculated that today the world economy releases into the atmosphere an annual 200 million tons of carbon monoxide; more than 50 million tons of hydrocarbons, 120 million tons of ashes, and I50 million tons of sulphur dioxide. The latter get back at us in the form of acid rain which is gradually destroying the forests in Europe. Other problems have also assumed disastrous proportions. They demand urgent solution and concerted action.

7. Another group of international humanitarian issues is the need to combat disease, drug addiction and drug trafficking. Health protection today is undeniably an international humanitarian problem and can be resolved only through international cooperation.

8. Finally, another international humanitarian problem is combating international terrorism. Terrorism not only takes the lives of innocent people but destabilizes international relations. It is a gross violation of human rights.

9. International humanitarian problems can be resolved only on the basis of universally accepted binding principles and rules of contemporary international law.

10. Based on the principles of state sovereignty, territorial integrity of states, peaceful settlements of disputes, non-interference in internal affairs, respect of human rights and basic freedoms, self determination of nations and other principles, international law performs a stabilising function in the system of international relations today. Its principles and rules created by the states themselves contribute to the normalization of relations between them, place these relations within a definite framework for the mutual benefit of the parties.

11. Contemporary international law constantly develops. Its general democratic principles are concretised and filled with a new progressive content. New principles and norms take shape. The number of treaties is rapidly increasing. International legal regulation extends to new spheres of international relations.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: мирное сосуществование; территориальная целостность; устранение войны; урегулирование международных конфликтов; гонка вооружений; осуществлять политику; незаконны оборот наркотиков; нарушение прав человека; взаимная выгода; сторона (договора); договор; обязательные принципы и правила.

6. Переведите письменно 1, 2, 9, 10, 11 абзацы.

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

PART III

TOPICS

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