The system of court in the United States

КОНТРОЛЬНАЯ РАБОТА № 1

Вариант 1

Задание 1. Переведите предложения на русский язык и определите степени сравнения прилагательных:

1. The U.S Supreme Court is the highest tribunal in the United States.

2. The Federal courts and the regulating agencies that act somewhat like courts, apply the law to particular cases; but they do far more than that.

3. А Court of Appeals accepts the facts sent up to it by the lower courts.

4. The inferior courts in the federal system have somewhat less political importance, since their principal duty is to settle routine cases.

5. The most common type of law court in England and Wales is the magistrate court.

6. More serious criminal cases then go to the Crown Court which has 90 branches in different towns and cities.

7. Appeals are heard by higher courts.

8. One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution.

9. To my mind, the least serious punishment for crimes here is the probation.

10. The most important categories of crime in England and the United States are felony and misdemeanor.

Задание 2. Переведите предложения, обращая внимание на перевод неопределенных местоимений:

1. Some of the State law is found in the state constitution and the status is passed by legislature.

2. A genera trial court in the states sometime called a district court.

3. Thus, as a price for obtaining testimony of a witness, the accused with means.

4. In any election year only one third of the senate is affected.

5. We know something interesting that can be useful for investigation of the treason.

6. In England felony (any of the more serious crimes such as murder, rape, arson) is punishable in the same way as misdemeanor.

7. In some states the warrant may be executed only in the county of the court issuing the warrant.

8. Police discipline codes are designed to prevent any abuse of the considerable power enjoyed by a police officer.

9. Anyone accused of a crime, except murder or treason, is entitled to apply for release or bail.

Задание 3. Переведите предложения на русский язык, обращая внимание на перевод конструкции there is / are:

1. There are about 100 Federal courts through the country.

2. How many district courts are there in every state?

3. There were on the statute books some substantive laws which in practice tend to operate unequally against the poor.

4. Outside the three-layer federal court there are numerous special courts such as the court of claims and the tax court.

5. There is a lot of evidence that proves this fact.

6. There are 52 police forces or police authorities in Britain each employed and paid by their local councils.

7. There are no limitations as to the type of account information the bank may give to criminal investigators.

8. There were the merchant police hired to protect the markets, banks and commercial business.

9. Is there a US attorney in each federal judicial district?

10. Is there usually consultation between government departments & the legal profession, the police, the probation service & voluntary bodies?

Задание 4. Переведите предложения, обращая внимание на перевод модальных глаголов:

1. To plead not guilty you often have to wait until all the guilty pleas have been handled.

2. The prosecutor is to call 104 witnesses some 60 of whom are FBI agents, policemen or prison personal.

3. The Supreme Court justice may be a senator, an Attorney General, a teacher in a law school.

4. Which actions can the police take when a person has been arrested in connection with the serious arrestable offence, but has not yet been charged?

5. In what cases must a person under the detention scheme be released immediately?

6. It is a basic principle of the British criminal justice system that accused people should not be remanded in custody except where strictly necessary.

7. If the bail is refused, the defendant may apply to a High Court judge or to the Crown Court for bail, and application can be made to the Crown Court.

8. Even in cases of murder or treason, bail may be granted at the discretion of the Lord Advocate or a quorum of the High Court.

9. The trial of a person with a summary offence & held in custody must begin within 40 days of the date of first appearance in Court.

10. The trial of a person with a summary offence and held in custody must begin within 40 days of the date of first appearance in court.

Задание 5. Прочтите и переведите текст. Ответьте на вопрос: Are there any other courts in the USA besides the Supreme Court?

The system of court in the United States

The judicial branch has the responsibility of judging the constitutionality of acts of law. According to Article 3 of the Constitution “the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”.

There are about 100 Federal courts throughout the country, final authority resting in the United States Supreme Court.

The US Supreme Court is the highest tribunal in the United States. It includes a Chief Justice and eight associate justices. They are all appointed by the Senate.

Under the Constitution the Supreme Court has original jurisdiction (i.e., it is the court in which proceeding may be brought in the first instance) in case affecting ambassadors, other public ministers and cases in which a state is a party. In all other cases coming within the judicial power of the United States, the Supreme Court’s jurisdiction is only appellate, and is subject to exceptions and regulations by Congress.

The Supreme Court cannot alter the Constitution. The Court’s function is to interpret the Constitution, but not to alter or modify it.

Besides the US Supreme Court there are various other Federal courts, including the district courts and courts of appeals.

The Courts of Appeals were organized to relieve the Supreme Court of pressure resulting from the accumulation of appellate cases. In general these courts have final jurisdiction over the great masses of litigation not involving constitutional cases. The district court is the only Federal court where trials are used, and witnesses are called. Each state has at least one district court; a few has as many as four. District courts are also found in Washington, D.C., and the territories of Puerto Rico, Guam, the Virgin Islands, and the Panama Canal Zone. Each court has from one to twenty four judges, depending on the volume of business, but each judge holds court separately. In most states the lowest courts are the magistrate courts or police courts, where the judge or magistrate can send a drunk to jail for 30 days, or fine a motorist for speeding, without the aid of jury. Some of the states have special traffic courts, probate courts, or other special courts among their courts of small claims. The magistrate may also have authority to receive a man accused of murder and decide whether to hold him for trial in a higher court.

Вариант 2

Задание 1. Переведите на русский язык и определите видовременную форму глагола и его залог:

1. England and Wales have a single system of law and courts.

2. This student has made up a brief summary of the English legal system.

3. The draft of Civil Code being considered now.

4. The courts have retained a strict formality.

5. The federal judges are appointed for life by the President in practice, until they die, retire or resign.

6. Who has the power to create & abolish federal courts as well as to determine the number of judges in the federal judicial system?

7. The judge is pronouncing the verdict now, you can’t speak to him.

8. The absence of crime will best prove the efficiency of the police.

9. He knew that the drugs had been hidden somewhere in the house.

10. They were discussing the new case when I came into the office.

Задание 2. Переведите предложения на русский язык, обращая внимание на перевод конструкций there is / there are:

1. There is no comprehensive law regulating the organization and competence of the courts in the United Kingdom.

2. There are four stages in the education and training of barristers and solicitors.

3. There is the quickest way to qualify as a solicitor.

4. Is there a difference between a solicitor and a Barrister?

5. There are too many people in the court building now.

6. Is there administrative tribunals which make quick, cheap and fear decisions?

7. By this time there were a variety of diverse categories of police.

8. There are a number of common services provided by central government and by arrangements between sources.

9. Is there civilian support staff among police officers?

10. There weren’t a group of men responsible for safeguarding life and property in this area.

Задание 3. Переведите предложения на русский язык и определите степени сравнения прилагательных:

1. Less serious criminal are tried by Magistrates’ Courts.

2. The House of Lords is the highest Court in the Land.

3. They are schools for boys and girls. Who needs a longer period of training?

4. If the civil case is more difficult, it has to be heard in a higher court.

5. More serious criminal cases are tried by the Crown Court.

6. If you want to make a will the best man to advise you is a solicitor.

7. The most common type of law court in England and walls is the magistrate court.

8. Administrative tribunals make quick decisions with much less formality.

9. One of the most important figures in the British legal system is the solicitor.

10. The highest court of appeal in England and Wales is the House of Lords.

Задание 4. Переведите предложения, обращая внимание на перевод модальных глаголов:

1. A person convicted by a Magistrates’ Court may appeal to the Crown Court.

2. Found guilty adult can be sentenced to imprisonment.

3. Boys ordered to attend this school must do so during their spare time on Saturday.

4. They may be required to hear this case once more.

5. Any case tried in the district courts may be appealed in one of the eleven Courts of Appeal.

6. Nobody agreed his conviction.

7. Today, however, some misdemeanors are punishable in England more severely than some felonies though never by death.

8. The police arrest any one who violates the law.

9. Some of the original officers must have been beaten and thrown into the Thames.

10. You can send the evidences nowhere at the crime scene.

Задание 5. Прочитайте и переведите текст. Ответьте на следующий вопрос: What kind of qualification must a British Policeman have?

British police

The British police officer – sometimes called the “bobby” after Sir Robert Peel, the founder of the police force – is a well-know 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 beat”) or driving in cars (known as “panda cars” because of their distinctive markings). 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’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 councilors 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 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, make up about 10 per cent of the police force. The police are helped by number of Special Constables – members of the public who work for the police voluntarily for a few hours a week.

Вариант 3

Задание 1. Переведите на русский язык и определите видовременную форму глагола и его залог:

1. Most of Magistrates’ Courts consist of two to seven lay Magistrates.

2. They are introducing their cases in the Crown Court.

3. At last the Judicial Committee has heard appeals from superior court.

4. Solicitors instructed Barristers on questions of law and legal document.

5. Each state runs its own court system and no two are identical.

6. When the Constitution was first proposed and adopted it did not contain guarantees of certain basic Freedoms and individual rights.

7. The Bill of Rights also deals with the system of justice.

8. He will be examining the crime scene in an hour.

9. They were committing the robbery at 5 o’clock yesterday.

Задание 2. Переведите предложения, и определите степени сравнения прилагательных:

1. A Court Appeals accepts the facts sent up to it by the lower courts.

2. The House of Lords is the highest Court in the Land.

3. If the Civil case is more difficult it has to be head in a higher court.

4. The inferior courts in the federal system have somewhat less political importance.

5. It is more difficult to issue the right order.

6. The Public Order Act 1986 codifies the most common law offences.

7. Less number of notifiable offences recorded by the police in England and Wales in 1987 was 3.9 million.

8. Clear up rates for certain very serious offences in England and Wales were much higher in 1987.

9. In 1988 Crime Concern, a national independent voluntary body, was formed to support local crime prevention activity and to promote best practices in it.

Задание 3. Переведите предложения, обращая внимание на перевод модальных глаголов:

1. In most cases the solicitor can deal with the question himself.

2. Students may take into examination any printed material.

3. Any student must become a member of one of the four I has of Court in London.

4. They may be brought to the court because they have been charged with some offence.

5. The security forces in Northern Ireland are subject to the law and can be prosecuted for criminal offences.

6. They can sue or be sued in either system, depending mostly on what case is about.

7. The drafters of the Constitution saw that the future might bring a need for changes that is why they provided a method of adding amendments.

8. The police must be stable, efficient and organized along military lines.

9. Police headquarters should be centrally located and easily accessible to the people.

10. The witness is to come at 5 p.m.

Задание 4. Переведите, предложения обращая внимание на неопределенные местоимения:

1. Any successful barrister with substantial practice may apply for a patent appointing to Queen’s Counsel.

2. Universities teach the philosophy of law and some sociology of law.

3. In any election year only one third of the senate is affected.

4. Some of the State Law is found in the state constitution.

5. I couldn’t believe that they continue interviewing witnesses.

6. All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training.

7. In what situations can the police carry arms?

8. What requirements must the policeman satisfy?

9. We shall be able to investigate criminal cases next year?

10. Sherlock Holmes was able to tell everything about every murder of the last hundred years.

Задание 5. Прочтите и переведите текст и ответьте на вопрос: What trials lie with the Crown Court?

Magistrate’s Courts.

Less serious criminal cases are tried by Magistrates’ Courts. Most Magistrates’ Courts consist of two to seven lay Magistrates (Justices of Peace) who do not receive any payment and who normally do not possess any legal qualifications. Lay Justices of Peace are advised on points of law and procedure by a legally – qualified clerk of the court. The chief work of the magistrates is the hearing and determination of charges against people accused of summary offences – that is to say, those offences that may legally be disposed of by magistrates sitting without a jury. Apart from the trial of summary offences, the function of Magistrates’ courts are to issue summonses and the conduct of preliminary inquiries to determine whether there is sufficient evidence to justify the committal of the accused for trial in a higher court.

The Crown Court

Trials on indictment (for a more serious offence) and sentencing of those committed for sentence from Magistrates’ Courts lie with the Crown Court. The Crown Court system was introduced by the Courts Act (1971). It concerns a single court that sits regularly at nearly 90 centers throughout England and Wales. A High Court judge, circuit judge or Recorder presides at all trials of the Crown Court with a jury.

A person by a Magistrates’ Courts may appeal to the Crown Court on a question of law fact or sentence. Appeals from the Crown Court, either against conviction or against sentence, are normally brought to the Court of Appeal (Criminal Division). From the Divisional Court and the Court of Appeal, further appeal lies to the House of Lords.

The Court of Appeal, the High Court and the Crown Court are together known as the Supreme Court of Judicature.

The House of Lords, in addition to being a part of the legislature, is the highest Court in the Land. It is the highest Court of Appeal in civil matters for the whole of the United Kingdom. In criminal cases it hears appeals from the Court of Appeal, from the Courts – Martial Appeal Court (the appeal court for military jurisdiction) and in certain cases direct from the Divisional Court of the Queen’s Bench Division. In its capacity as a court of appeal the House of Lords sits as an appellate committee. For this purpose it consists of the Lord Chancellor and the Lords of Appeal in Ordinary, the so-called Law Lords of whom there are not more than ten.

Finally the Judicial Committee of the Privy Council hears appeals from superior courts of the Channel Islands, the Isle of Man, some Commonwealth countries and a number of overseas territories.

Контрольная работа №2

Вариант 1

Task l: Read and translate the following text.

We Need the Law

The English word " law" refers to limits upon various forms of behavior. Some laws describe how people usually behave. Other laws prescribe how people ought to behave. You know that there wasn't any law in the primitive society. And one of the first written codes of law appeared in Babylonia (the Code of Hammurabi). In Babylonia there wasn't any jurist or a lawyer. The law was addressed to every member of the community: to the rich and to the poor; to government officials, priests, and soldiers, merchants, laborers and artisans.

Laws have always been meant for all us. You wouldn't know your rights (what you can do and what you can't do) without laws. Just imagine. A respectable man in a black suit comes to you and says that the government and the state need the house you live in. He shows you some papers, says that according to the law you must leave your house at once. Then you find yourself in the street with no place to live in. But if you were acquainted with the law, at least with the Constitution, you would know, that according to the article 35 of the Constitution, if the state needs your house it must present you a new one, equal in cost to that of yours. The first written sets of laws were very concrete, casual, and dealt with particular cases. For example, if a man has bitten off another man's finger, the bitten man shall bite off the first man's finger too. That's why those ancient laws were far clearer for ordinary people than modern ones. But in time, the legal language -legalese - had changed a lot, and it has become rather difficult for lay people to understand what all those laws really mean. So if you want to be a literate person, to your rights and duties, you should study the Law, at least you should know the Constitution. It goes without saying that average citizens don't have to learn and understand all kinds of rules and laws. It is the job of a lawyer to interpret complex legal theory and precedents and " translate" them laymen's terms. That is why lay people have to consult lawyers in order to get legal advice. However, nowadays there seems to be a trend to make laws more comprehensible, more readable, so that even a housewife could grasp the meaning of some clauses from t he Civil Code.

Task2: Translate into Russian.

Limit; forms of behavior; prescribe; primitive society; written codes of law; community; rights and duties; according to the law; to be acquainted with; equal in cost; to deal with; particular cases; lay people; a literate person; average; rules; complex legal theory; precedents; legal advice; trend; comprehensible; Civil Code.

Task3: Answer the questions to the text.

1. What does the English word " law" refer to?

2. Was there any law in the primitive society?

3. What was the first written code?

4. What kind of laws did people have in Babilonia?

5. What happens if you don't know your rights?

6. What should you do if you want to be a literate person?

7. What is the difference between the first written sets of laws and modern ones?

8. Why do people have to consult lawyers?

Task 4: Fill in the blanks with the words given below. Self-protection; absence; prescribed laws; penalty; law of the jungle; behavior; in daylight; enforced; particular; break the rules; safely.

In the _________of law you could only rely upon the _______________. Members of every community have made laws for themselves in____________. If it were not the law, you could not go out ________________without the fear of being kidnapped, robbed or murdered. In all societies, relations between people are regulated by _______________. They can be grouped into three classes. Customs - informal rules of social and moral_________. Rules - we accept them if we belong to ______________ social institutions. Precise laws - laws made by nations and ______________ against all citizens within their power.

Sometimes, we can break these rules without suffering any ____________. But if we continually___________________, or break a very important one, other members of society may ridicule us. Every country tries to provide laws, which will help its people to live___________and comfortably.

Task 5: Read and translate the following text.

Magna Carta.

Much has been written about the Magna Carta. It was an assertion of England customs made by the barons against a king who had promised to abide by those customs, and had broken the spirit of his promise in the years 1213, 1214 and 1215. The statement of the rights, which an English king should, by custom, allow to his subjects, was made in a charter of sixty-two clauses or chapters.

King John set his seal to the Charter, called " Magna Carta" on June 15^th, 1215. The Crown was virtually made the servant of twenty-five barons. It was this aspect of the Charter, which lawyers in later centuries were to praise as giving the people of England a right to rebel when they thought fit. The Magna Carta established limits of the power of the monarch, in which it was not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to the law. It guaranteed that no citizen could be punished or kept in prison without a fair trial. The Magna Carta was renewed more than thirty times by later kings. Later lawyers tried to read into it modern principles. And though the Magna Carta was originally designed to protect aristocracy, in time it became a set of British liberties for ordinary citizens.

Task 6: Translate into Russian.

Assertion; to abide; a charter; seal; to praise; a right to rebel; to fit; establish; protection; unjust punishment; loss of life, liberty, and property; to keep in prison; a fair trial; renew; ordinary citizens.

Task 7: Write five questions to the text " Magna Carta".

Вариант 2

Task 1: Read and translate the text. Write out the words and combinations pertaining to the topic " law".

Crime violates the laws of community, state, or nation. It is punishable in accordance with these laws. The definition of crime varies according to the time and place, but the laws of most countries consider such offences as arson, bigamy, burglary, forgery, murder and treason.

Not all offences against the law are crimes. The laws that set down the punishments for crimes form the criminal law. This law defines as crimes whose offences considered most harmful to the community. On the other hand, a person may wrong someone else in some other way that offends the civil law. The common law recognizes three classes of crime: treason, felony, and misdemeanor. Death or life imprisonment is the usual penalty for treason. Laws in the USA, for example, define a felony as a crime that is punishable by a term of one year or more in a state of federal prison. A person who commits a misdemeanor may be punished by a fine or a jail term of less than one year.

Legal profession.

The legal profession has existed for over two thousand years. From the Greek city-states and the Roman Empire to present day. The word " lawyer" describes a person who has become officially qualified to act in certain legal matters because of examinations he or she has taken and professional experience he or she has gained. Nowadays lawyers perform four major functions. First, lawyers counsel. This means that lawyers offer advice to their clients. Second, lawyers negotiate. They mediate between competing aiming for results that will prove advantageous to their clients. Third, lawyers draft documents. It is the most intellectually challenging function. Fourth, they litigate. But only a small fraction of all lawyers devote much time to courtroom activities. Lawyers play a vital and active role in the formulation and administration of laws. Because of their role in society and their close involvement in the administration of law, lawyers are subject to special standards, regulation, and liability. Judicial ethics consists of the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety.

For example, in the USA Disciplinary a state judicial commission typically controls actions for infractions of the rules of conduct by state judges. Their responsibility is to deal with complaints of judicial misconduct. If a complaint directed to the judicial commission passes the screening and deposition phases, it is investigated and a trial-like hearing is instituted. Judicial committees typically have the power to sanction a judge and to require a judge to retire or resign.

The rate at which the legal profession grows is terrific. Why is the career in law so popular? In the USA the average salary of experienced lawyer in private practice is more than $ 100, 000.

Lawyer’s salaries are substantially greater than those of many 3ther professionals.

Task 6: Translate into Russian.

Officially qualified; legal matters; professional experience; counsel; negotiate; prove advantages; draft; litigate; courtroom activity; standards, regulation, liability to maintain independence; impartiality; state judicial commission; infraction; misconduct; complaints; investigate; trial-like hearing; retire; resign.

Task 7: Answer the questions to the text.

1. When did the legal profession appear?

2. What does the word " lawyer" describe?

3. What functions do lawyers perform nowadays?

4. Why do lawyers play a vital role in today’s life?

5. What do you know about the judicial ethics?

6. What state body controls the work of state judges in the USA?

7. Is the career in law popular? Why?

Task 8: Openthe brackets and use the verb in the correct form.

Some persons (to believe) that legal profession (to be) a way to earn one's living and that this job (to produce) illegal profits. To get professional help we (to turn) to a lawyer (a person, who (never/ to work) with machines, (never/ to gain) any injury or even a callosity). The result of his labor isn't material; it cannot be touched or tasted. It (not/ to be) even some definite service, because the result can't be guaranteed at all as it can be, for example, in any ordinary hairdresser's saloon. Now let's add to the picture a well-found office, neat suit, " golden" smile, and you (to understand) why some people (to be) under the impression that they (to come) to the empire of cheats, who (to play) with people's lives and destinies. The things they don't see or notice (to be) the long years spent on university education, the years of practice and perfecting the skills, the years of wrangles with officials, etc. The statement, which is best of all applied to layers, is: you (to work) for your name during the first half of your life and your name (to work) for you during the second half. In fact, in this profession much (to depend) on your good name, exactly because people's lives and destinies are involved. That is why this first layman's impression is totally misleading and altogether wrong! It's caused by the cordial hate of " the have-nots" towards " the haves".

Вариант 3

Task 1: Read and translate the text.

Civil Rights

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination based on a person's race, sex, religion, age, previous condition of servitude, physical limitation, national origin and in some instances sexual preference. The most important expansion of civil rights in the United States was the enactment of the Thirteenth and Fourteenth Amendments. The Thirteenth Amendment abolished slavery throughout the United States. In response to the 13th Amendment, various states enacted " black codes" which were intended to limit the civil rights of the newly free slaves. In 1868 the 14th Amendment was passed to counter the " black codes" and ensure that no state " shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States [or] deprive any person of life, liberty, or property without due process of law, [or] deny to any person within its jurisdiction the equal protection of the laws." Congress was also given the power by section five of the Fourteenth Amendment to pass any laws needed for its enforcement. During the " reconstruction era" that followed Congress enacted numerous civil rights statutes. Many of these statutes are still in force today and protect individuals from discrimination and from the deprivation of their civil rights. The most prominent civil rights legislation since reconstruction is the Civil Rights Act of 1964. Decisions of the Supreme Court, at the time limited Congressional enforcement of the 14th Amendment to state action. (Since 1964 the Supreme Court has expanded the reach of the 14th Amendment in some situations to individuals discriminating on their own). Therefore, in order to reach the actions of individuals, Congress, using its power to regulate interstate commerce, enacted the Civil Rights Act of 1964. Discrimination based on " race, color, religion, or national origin" in public establishments that had a connection to interstate commerce or was supported by the state is prohibited. Public establishments include places of public accommodation (e.g., hotels, motels, trailer parks), restaurants, gas stations, bars, taverns, and places of entertainment in general. The Civil Rights Act of 1964 and subsequent legislation also declared a strong legislative policy against discrimination in public schools and colleges, which aided in desegregation. The Civil Rights Act also prohibits employment discrimination where the employer is engaged in interstate commerce. Congress has passed numerous other laws dealing with employment discrimination.

Task 6: Complete the sentences using the information from the text given above.

1. Civil rights are powers or privileges which if...

2. Civil rights protect such human needs and interests as...

3. Statutes prevent discrimination based on...

4. The most important expansion of civil rights in the United States is contained in...

5. By section five of the Fourteenth Amendment Congress has power to...

6. The Civil Rights Act of 1964 is the...

7. The Civil Rights Act of 1964 prohibits such discrimination as …

Task 7: Answer the questions.

1. What is a civil right?

2. What examples of civil rights can you name?

3. When does discrimination occur?

4. What does discrimination base on?

5. What amendments give the most important expansion of civil rights in the United States?

6. What do the 13 and 14 amendments say about?

7. The Civil Rights Act of 1964 declares a strong legislative policy against discrimination in different areas, doesn't it? Name these areas.

8. What are the powers of the Supreme Court and the federal courts in interpreting the extent of the civil rights?

9. What institutions provide further protection of civil rights?

10. What international agreement on civil rights has been recently adhered in the USA?

Task 8: Match Russian and English equivalents.

1. дискриминация civil right

2. голосовать injury

3. несправедливость to vote

4. законодательство to prevent

5. вступить в силу discrimination

6. запрещать an amendment

7. рабство to enforce

8. поправка legislation

9. предотвращать to prohibit

10. гражданское право slavery

Тексты для 1 курса юридического факультета

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. 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 administra ‘c tribunals which make quick, cheap and fair decisions with much less normality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds are solicitors and barristers.

A solicitor deals with petty crimes and some matrimonial matters in magistrates courts. He prepares the case and the evidence. He actually speaks in court for you. If you want to make a will the best man to advise you is a solicitor.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law. They are called in to advice on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in Court).

* magistrates – justices of the peace (мировые судьи) who judge 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 – have medical or legal training (or both) and inquire into violent or unnatural deaths.

Answer the questions:

1. Who is responsible for making laws in Britain?

2. What is the difference between criminal and civil law in the United Kingdom?

3. What is the most common type of law court in England and Wales?

4. Name three other types of British courts.

5. What is almost unique about the English legal system?

The Court System of the USA

The American court system is complex. The following federal structure is established in the United States: the Supreme Court, Courts of Appeals and 95 district courts. The Congress has the authority to create and abolish federal courts, as well as to determine the number of judges in the federal judicial system, and no two are identical. In addition there is a system of courts for the national government. Individuals fall under the jurisdiction of two different court systems: the state courts and the 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.

All the courts are independent. The federal judges are appointed for life by the President, in practice, until they die, retire or resign. They can be removed from office only for misconduct and after trial in the Congress.

The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US courts of appeals. At the top is the US Supreme Court.

The Supreme Court of the United States meets in the Supreme Court Building in Washington, D.C. The figure over the entrance represents the national ideas of law and liberty. Above the main entrance are the words: “Equal Justice Under Law”. The Court consists of a Chief Justice and eight associate Justices. One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution. Decisions of the Court are taken by a simple majority.

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.

Answer the questions:

1. Who is responsible for making laws in the USA?

2. Name American courts you know.

3. In what way are the American courts organized?

4. Where does litigation begin?

5. What is one of the important duties of the Supreme Court?

The American Constitution

A constitution is the system of fundamental principles according to which a nation or state is governed. A good example of a written constitution in this sense is the Constitution of the United States, formed in 1787. It is a relatively brief document of some 12 pages.

The Constitutional Convention which was to adopt a new constitution, officially opened on May 25, 1787, in Philadelphia. The 55 delegates who drafted the Constitution included most of the outstanding leaders, or Founding Fathers, of the new nation. George Washington, the military hero of the War of Independence, was the presiding officer. The delegates created a new form of government for the United States. The Constitution set up a federal system with a strong central government.

The United States become federated because, after the War of Independence, the 13 states were too weak individually to carry on the work of government. They joined together as equals, gave certain powers to the federal government, reserving to itself certain powers (education, taxes and finance, internal communications, etc.). The powers which are usually given to a Federal Government are those dealing with national defense, foreign policy, the control of international trade, etc.

Under the Constitution power was further divided among the tree branches of the national government: legislative (the Congress), executive (the President) and judicial (the Supreme Court). Each was given its own authority.

These three powers established a so-called system of the checks and balances. This system gives each branch the means to restrain the other two. For example, the President has the power to veto acts passed by congress, but the Congress may override the veto by a two-thirds majority. But the Supreme Court has the power to declare acts of Congress (or of any State legislature) or the actions of a President illegal if they are in conflict with the Constitution.

The Constitution provided the election of a national leader, or president. In 1789 George Washington was elected the first President of the United States.

When the Constitution was written in 1787 there were only 13 states. The drafters of the Constitution saw that the future might bring a need for changes that is why they provided a method of adding amendments. Over the past 200 years 26 amendments have been adopted, but the Constitution itself has not been changes.

But when the Constitution was first proposed and adopted, there was widespread dissatisfaction of the American people, because did not contain guarantees of certain basic freedoms and individual rights. It also recognized slavery and did not establish universal suffrage.

Only several years later, in 1791, under the strong popular pressure, the Congress was forced to adopt the first 10 amendments to the Constitution dealing with civil liberties. They were called the “Bill of Rights”. From these amendments the Americans receive guarantees of such basic rights as freedom of speech, the press a religion, the right of peaceful assembly, freedom from unreasonable search, arrest and seizure. The Bill of Rights also deals with the system of justice: it requires that “no one shall be deprived of life, liberty, property, without due process of law” and that no person shall compelled in any criminal case to be a witness against himself.

Slavery was abolished many years later, by the thirteen amendments (1865), and universal suffrage was guaranteed by the fifteenth amendment (1870).

Adopted in 1787, the Constitution was finally ratified and came into force on March 4, 1789.

Under the Constitution, no member of one branch of government may be a member of either of the two others. The President of the United is not and cannot be a member of Congress (the legislative branch). Any member og Congress who wishes to become President.

Answer the questions:

1. What is a Constitution?

2. Describe a body, which adopted the Constitution.

3. How does the American Constitution separate the power of the government?

4. Why does it do it?

5. What for was the so-called system of the checks established?

THE BRITISH POLICE

The British police officer – is a well-known figure to anyone who has visited Britain. Policemen are to be seen in towns and cities keeping law and order, either walking in the streets or driving in cars.

In 1829 it was decided to adopt a new system of enforcing the law in England. The statesman who carried out the reform was Sir Robert Peel, and at first the policemen were called Peelers, but that name quickly died out. Even today, however, people still refer to the London policemen as Robert or Bobby, from Peeler’s first name. It is a much more friendly way of referring to a policeman than the French term flick or the American cop.

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 councilors 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 gain a certain level of academic qualifications at school and undergone a period of intensive training. Like the army, there are a number of ranks: the Chief Constable (the most senior police officer of a force), the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Sergeant and Constable.

Each police force has its own Criminal Investigation Department (C.I.D.). Members of CIDs are detectives, and they do not wear uniforms.

The chief centre of a country is sometimes called the metropolis; and London has named its police force the Metropolitan Police. As one of the greatest cities in the world, it has a very large and carefully planned police system. It is built up so that each policeman knows as much as possible about a few streets and something about the district around those streets. The streets that a policeman patrols are called his beat. Each district has its own police station, to which the policemen in the district report when they begin their duty. London policemen are tall, for no man is admitted to the Metropolitan Police if he is under five feet eight inches in height; most of them are taller. The man who wants to enter the police must satisfy other requirements. He must be of good character, a man who can be depended upon a position of trust. Because policemen must be absolutely reliable and exercise their functions faithfully and well, the greatest attention is paid to the character of every candidate before he is appointed to the police force of the country. So stringent are the requirements that only one in every thirty men who apply for jobs in the police is selected.

Answer the questions:

1. Why do the people refer to the London policemen as “bobby”?

2. Is there one police force, organized by central Government?

3. Why do the British police do not carry firearms?

4. In what situations can the police carry arms?

5. What are the ranks of the policemen?

6. What requirements must the policemen satisfy?

Тексты для 2 курса юридического факультета

Arrest by the Police

The police officer has the ability to make two different types of valid arrests with and without an arrest warrant.

A warrant of arrest is a document ordering a police officer to arrest the person named and to deliver that person to the court or magistrate issuing the document. The warrant of arrest is deemed executed once the named person is taken into the custody.

On some occasions the actual identify of an offender way not be known by the police. Although investigations may have secured relevant evidence and information to identify a suspect the real identity may be unknown. Under such circumstances and provided the information and evidence is sufficiently compelling some courts will permit a complaint to be filed under the name of John or Jane Doe or, for record-keeping purposes any pseudonym selected by the police agency.

In most jurisdictions a warrant remains valid until successfully executed or withdrawn by the issuing court. In some states the warrant may be executed only in the county of the court issuing the warrant. In most states, however, the warrant may be executed throughout the issuing court a state.

Arrest with a Warrant. When an arrest with a warrant occurs, it means that a complaint has been duly filed and placed before a magistrate. If after reading the complaint the magistrate finds probable cause. An arrest warrant will be issued. In most situations an arrest warrant is lawful even when the arresting officer does not have the warrant in possession at the time of arrest, however, upon request, warrants must be shown to the arrested is lawful even when the arresting officer does not have the warrant in possession at the time of arrest, however, upon request, warrants must be shown to the arrested person as soon as possible.

Arrest without a Warrant. In contrast, arrest without a warrant may occur under certain conditions. For example a lawful arrest can be made without a warrant whenever an officer has probable cause to believe that a person has committed a felony. Police officers may also make arrests without warrants when a crime has actually been committed or attempted in the officer’s presence. Historically, the authority to make such warrantless arrests derives from the English common law tradition. In the case of common law, peace officers were permitted to make an arrest if they had probable cause to believe a felony had been committed. In most jurisdictions today, peace officers are authorized to make warrantless arrests on the basis of court decisions and/or state statutes.

A Sample of an Arrest Warrant:

Miranda Warnings

An officer is to use the Miranda warnings whenever an individual has been taken into custody. One standard rule of thumbs by many street officer is to “Mirandize” whenever the conversation with a person moves from an interview to an interrogation.

A suspect who has been taken into custody by an officer must be warned – at the time of arrest – of their protection under the Fifth and Sixth Amendments. These include one’s right to be safe from self-incrimination and the right to have the assistance of counsel in one’s defense. These constitutional rights were established as national doctrine in the landmark case of Miranda V. Arizona (1966).

Ernesto Miranda, a twenty-five-year-old mentally impaired man, was arrested in Phoenix, Arizona. He was charged with kidnapping and rape. Miranda had been arrested in his home and was taken to a police station where he was identified by a complaining witness. Following a two-hour interrogation, Miranda signed a written confession and was later convicted and sentenced to twenty to thirty years in prison. This conviction was affirmed in his appeal to the Arizona Supreme Court. Miranda continued his appeal, eventually heard by the US Supreme Court. The appeal’s argument rested heavily on the fact that Miranda had never been warned that any statement he made could be later used against him and that he had been unaware of his right to have legal counsel present during interrogation.

The Miranda case was one of four similar cases heard simultaneously by the Supreme Court. The major constitutional issue decided by the Court in all four cases was the admissibility of statements obtained from suspects questioned in custody (or otherwise denied freedom). Under the provisions of the fifth Amendment, “no person … shall be compelled in any criminal case to be a witness against himself”. This means that a defendant cannot be required to testify in court. It also means that a suspect cannot be physically or psychologically coerced to confess nor be made to confess under fear or duress. On the opinion of the Supreme Court, Miranda had given in to psychological pressures from the “third-degree method” employed by the police. Miranda’s conviction was overturned and the Court established specific procedural guidelines for the police to follow before attempting to interrogate suspects. These procedures are more generally referred to as Miranda warnings.

Most people – at least those who have seen any television police shows during the past twenty years – are rather familiar with the.

Miranda Warnings.

1. You have the right to remain silent. You are not required to make any statement or answer any question. Anything you say will be taken down and can later be used against you in a court of law.

2. You have the right to speak with any attorney and to have an attorney present during questioning.

3. If you cannot afford an attorney, but desire to have one present during questioning, one will be provided by the court at no charge.

4. If you want to answer questions now, without an attorney present, you will still retain the right to stop answering at any time.

The Miranda decision has been hailed by many legal scholars as the most significant legal case of the twentieth century. For others, the Miranda case has been as a serious impediment to carrying out the task of maintaining justice in America.

Answer the questions:

1. What is “Miranda Warnings”?

2. What must an arrested person be warned about at the time of arrest?

3. Under what circumstances were these constitutional rights established?

4. What was Ernesto Miranda and what was he charged with?

5. Why was Miranda’s conviction overturned?

6. What was the result?

7. What are the rights of an arrested person?

Crime

A crime is an act or default which prejudices the interest of the community and is forbidden by law under pain of punishment. It is an offence against the state, as contrasted with a tort of civil wrong, which is a violation of a right of an individual and which does not lead to punishment. The most important categories of crime in England and the United States are felony and misdemeanor.

In England felony (any of the more serious crimes such as murder, larceny, rape, arson and aggravated assault) is punishable in the same way as misdemeanor except few instances (treason and special cases of murder) in which capital punishment still exists.

In the United States the distinction between a felony and misdemeanor lies in how it is punishable, not the degree of infamy of the offence. All crimes which are not felonies or treason are misdemeanor. Originally a misdemeanor was a crime not resulting in the forfeiture of property in conviction, and at one time all felonies were punishable more severely than misdemeanor (usually by death). Today, however, some misdemeanors are punishable in England more severely than some felonies though never by death. Examples of misdemeanors are perjury, obtaining money by false pretences and conspiracy.

In the United States an offence punishable by a fine or by imprisonment other than in a prison is a misdemeanor; a crime for which the maximum punishment is in a county penitentiary in New York, that crime is by definition a misdemeanor. An offence punishable by imprisonment is a state prison, or capitally, is a felony.

Translate the following words and word-combinations into English:

Совершить поджог, наказуемый смертью, запрещенный законом, в противоположность, нарушение прав, конфискация имущества, наказуемый, за исключением, первоначально, штраф, лишение свободы.

Answer the questions.

1. What is a crime?

2. What categories of crime do exist in England and the USA?

3. What kinds of felonies do you know?

4. What are they punished by?

5. What’s the punishment for a misdemeanor?

6. What kinds of misdemeanor do you know?

7. What’s the punishment for a felony?

Gangsters Cash in on Snake

A large illegal shipment of snake venom has been seized in Moscow.

By Alexander Shvarev.

A few days ago, operatives of the Moscow City Administration for Combating Organized Crime (RUBOR) seized the largest batch of snake venom. According to the police, several members of the Kemerovo organized criminal group tried to sell about one kilogram of this extremely rare substance to Moscow drug dealers, who use it to manufacture synthetic drugs. The deal was big even by criminal standards: approximately $ 3 million.

As MN was told at the RUBOR back in 1991 members of the Kemerovo organized crime group obtained a large batch of viper venom from a Novosibirsk snake farm. Investigators working to establish exactly how much of the substance the criminals obtained and in what way. According to preliminary data, the gangsters simply stole the venom, unaware of its real value. That’s why the criminal kingpins could not for a long time sell the preparation. Medical institutions need very small amounts of it, and they prefer to acquire the substance officially. Meanwhile, the hot commodities on the criminal market are explosives, weapons and other things, indispensable for criminals – not the little known snake venom. Since a snake can produce just 0.5 grams of the stuff at a time, its preparations are extremely expensive. So, although this substance can in theory be used to make various drugs, it was considered too costly in the drug business.

The Kemerovo men had practically lost hope of selling the substance when, late last year, several Moscow drug dealers got interested in their offer. They use snake poison to produce synthetic cocaine and other potent drugs. To discuss the details of the deal and the price of the stuff, guys from Kemerovo flew to Moscow. The going price for one gram of venom is approximately $ 16.000, but the buyers were planning to take a big shipment and so they knocked the price down to $ 10.000. The total amount of money involved was roughly $ 3 million.

However earlier this year RUBOR operatives learned about the forthcoming transaction and kept its participants under surveillance. On February 23 police broke into a room where two Kemerovo smugglers were staying. They had 400 grams of venom on them. The detainees told interrogators that, they had hidden the rest of the shipment in a cache in another building, where another 400 grams of this rare substance was discovered.

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