English для юристов. Гончар

Module 3 Unit 3

Text: Civil Law

Vocabulary in use

Language focus:

The Passive Voice (perfect tenses)

Special difficulties in the use of articles

Pre reading tasks

1.What case do you think civil law deals with?

Give the definition of the civil law using your background knowledge.

2.Match the following English words and expressions with their Ukrainian equivalents:

Reading Tasks

1.Scan the text to find distinct meanings of civil law. Write them down. Compare them with the definition given in a dictionary.

CIVIL LAW:

1)Roman law.

2)The law of any particular state, now usually called municipal law.

100

Module 3. Unit 3

3)A legal system based on Roman law, as distinct from the English system of common law.

4)Private law, as opposed to criminal law, administrative law and military law.

Note on the text:

Emperor Justinian — імператор Юстиніан

CIVIL LAW

Civil Law is a the body of private law used in those countries in which the legal system is based on ancient Roman law modified by medieval and modern influences. Civil law is used in most nations in Europe and Latin America, as well as in some countries in Asia and Africa. The law of Great Britain, the United States, Canada, and a number of other nations is based on English common law, which differs from civil law in origin and other important respects.

The term civil law is also employed to distinguish those legal codes that deal with civil relationships (such as citizenship, marriage, divorce, and certain contractual arrangements) from other codes such as those dealing with criminal law.

The civil law originated in ancient Rome. One of the principal characteristics of Roman civilization was the development of strong legal institutions. In the 6th century, a commission appointed by the Emperor Justinian collected and consolidated all the sources of law, including the opinions of the great legal scholars during previous centuries. The result was the Corpus Juris Civilis (Body of Civil Law), also called the Justinian Code, a comprehensive code with the accu5 mulated wisdom and experience of many generations of Roman jurists.

During the 17th and 18th centuries, the authority of the Corpus Juris began to decline. The stage was then set for the systematic and comprehensive codification of modern civil law. The most influential, although not the first, codification effort was the enactment, during the Napoleonic period, of the five basic codes of France. In the course of the 19th century, most civil5law countries similarly codified the their legal statutes.

Codification of the civil law had several major consequences:

(1) After their enactment, the codes constituted comprehensive and authoritative legal texts that superseded all earlier authorities in the

101

Part ІI. BASIC COURSE

teaching of law as well as in legal practice. (2) Within each nation5state, the codes brought about a strong measure of national unification of the law. (3) In their substance, the codes differed from one nation to another. In recent years, however, there were efforts, in the nations of the European Union and elsewhere, to replace certain isolated national laws with international legal practices.

From its origins in continental Europe, the civil law gradually spread to all of the areas in Africa, Asia, and Latin America that were colonies of France, the Netherlands, Belgium, Spain, or Portugal. When they gained independence, most of the former colonies continued the civil5 law orientation of their legal systems. Civil5law systems were also v5 oluntarily adopted in Japan, South Korea, Taiwan, Thailand, and Turkey.

In a number of countries, moreover, the civil law constitutes an important component of a mixed legal system. For example, in Scotland, South Africa, and Sri Lanka, the legal system combines civil5 and common5law elements. In North America the same phenomenon can be observed in the state of Louisiana and in the province of Quebec. The legal systems of many North African and Middle Eastern nations are strongly influenced by the French civil5law codes, even though in some areas of law — especially those relating to the family and to family property — these countries tend to follow Islamic tradition.

2.Skim the text to understand its general meaning. Try to point out the main ideas of the text and write a plan for the text.

3.Find in the text the code types and give the Ukrainian equivalents.

4.PREPOSITIONS. Choose the right preposition in brackets accor ding to the contents of the sentences (on, by, in, from, as…as, to, with).

1)… the 5th century various Anglo5Saxon tribes invaded Britain.

2)One of the two traditions of law in the world is based … English Common law.

3)What legal code deals … such civil relationship as marriage and divorce?

102

Module 3. Unit 3

4)The lawmakers of many parts of Europe were often influenced … the model of Roman law.

5)Common law, or case law system, differs … Continental law in having developed gradually throughout history, not as the result of government attempts to codify every legal relation.

6)In most situations it is not necessary to distinguish illegal conduct from consequences.

7)Though Canada is called a «common law country», it has both case law and statute law … well … administrative law.

8)Private law, or civil law, consists … the rules relating … the relations between private persons and groups.

5. Insert one of the following words into the text in an appropriate form.

century, code, civil, legal, spread, efforts, wisdom, private, to adopt, to influence, to include

There are two major systems of law which are … in the Western world such as common law and civil law. Most English5speaking countries have a common law system. The term … law has two different meanings. It may refer to civil or …law, or to the system used by many continental European countries.

The civil law system is the older of the two. Its beginnings can be traced back to the law of the Romans. In the 6th.…., there were … of the Emperor Justinian to accumulate … and to compile a Code that … all of great Roman laws. This code … to those parts of Europe under Roman control. In the 19th century, Napoleon established a similar …, which was later adopted to many European countries. For example, the Napoleonic Code also greatly … the lawmakers of the Quebec Civil Code.

Post reading tasks

1.Write down a title of the text of your own.

2.Write down a summary of the text.

Note! Summary is a representation of the contents of complete works in brief. It is expected to be about a sixth or tenth of the original in length.

3.Give the definitions for the term «civil law» from the different points using the text.

103

Part ІI. BASIC COURSE

OVER TO YOU

ARTICLE PRESENTATION STEPS (the list of the main points to be mentioned)

HEADLINE is a large type printed in large letters above an article indicating contents.

PLACE AND DATE OF PUBLICATION

AUTHOR OR SOURCE OF INFORMATION (look at BY5LINE that is a line at the beginning indicating author’s name or information bureau).

NEWSPAPER SECTION

The main idea & purpose of the article.

Remember! Generally the summarizing sentence comes in each p* aragraph. The authors of the article proceed from a general statement to particulars. Occasionally the topic sentence comes last when the author of the article wishes to prepare his reader for the general idea or a conclusion.

Note! Both philologists and psychologists believe that in order to make the content of any article clear it is necessary to find answers for the following six «eternal» questions, such as:

Give some facts & arguments to illustrate the topic (e.g. smb’s opinions, an eyewitness account, etc.).

CONCLUSION

LANGUAGE FOCUS

The Passive Voice (perfect tenses)

1.Make sentences interrogative and negative:

Example: The criminal has been caught at last. — Has the criminal been caught? The criminal hasn’t been caught.

1.The criminal law has been codified since the Criminal Act of New Zealand 1893. 2. The burglar has been arrested. 2. A kidnapped

104

Module 3. Unit 3

child has been found. 5. Mrs. Jane’s evidence has been presented to the jury. 6. The investigations has been finished successfully.

2.Write passive sentences as in the example:

Example: The French civil*law codes have influenced the legal systems of North African and Middle Eastern countries.* The legal systems of North African and Middle Eastern countries have been influenced by the French civil*law codes.

1.They have made the conclusion that it is necessary to develop strong legal institution. 2. Someone has stolen Mike’s bicycle. 3. Have you heard the news? Somebody has shot the Prime Minister! 4. I am really shocked. I have lost my job, my wife has left me and my friend has betrayed me. 5. The doctor has already examined the victim. She has got a black eye and her leg was bleeding. 6. They have offered him a job at the Procurator’s Office. 7. The Parliament has passed the important law.

3.Imagine that a policeman has made a report and now tells his boss about the event of the day. Write passive sentences using these words (use Passive Perfect):

1) The famous deputy/ to kill. Two suspects / to catch near the place of murder. Witnesses / already to question. 2) Famous murderer Stivenson / to escape from federal prison. All areas / to search. All roads leading to the city / to take under control. All police headquarters / already to inform. His pictures / to show on TV.

4.Rewrite the following active sentences, using the passive form (Indefinite or Perfect):

Example: Special courts administer ecclesiastical law. — Ecclesias* tical law is administered by special courts.

1.The organizers will supply all relevant information about the meeting in advance. 2. The Act of Union united Great Britain with Ireland. 3. English Law has greatly influenced Scots law. 4. The English courts interpret Acts of Parliament according to fixed rules of pre5 cedent. 5. It is possible that the Verkhovna Rada will eventually codify much Ukrainian law. 6. Roman law has influenced many modern European legal systems. 7. The Treaty and Acts of Union of 1706 and 1707 established one parliament for Great Britain.

105

Part ІI. BASIC COURSE

5.Look at the notes and write a news report using passive forms (Simple, Continuous, Perfect):

Lives — lose — in a major sea tragedy in the Pacific Ocean. The disaster happened when the ship — hit — something unknown. Women and children — put — into lifeboats first while the men — tell — to stay on the ship. A nearby ship — bring — into action as a rescue vessel. The men who leave — on the ship — rescue. Unfortunately some of the men

— frighten — and jump into the water. It — believe — they are now dead. Survivors — take — to hospital — by helicopter and maximum effort now — make — to find the missing men.

Start with

Many lives have been lost in a major sea tragedy in the Pacific Ocean…

6.Translate the following sentences into English:

1.Кожному повнолітньому в нашій країні гарантується право голосувати. 2. Відомого злочинця нарешті заарештували. 3. Речі підозрюваного вже доставлено, їх відправляють експертам. 4. Необхідні свідчення про злочинця вже отримано: фоторобот складено і розіслано до всіх відділків поліції, відбитки з бокала знято, свідків допитано. 5. Жертву вже прооперували, вона прийшла до тями і хоче дати свідчення. 6. Її вже визнали винною у трьох інших крадіжках магазинів. 7. Судові рішення ухвалю5 ються судами і є обов’зковими до виконання.

Special difficulties in the use of Articles

1. Fill in the space with the necessary articles

a)names of people (titles, position, members of a family)

1.The members of the Committee looked at …James with aston5 ishment.

2....Cristy looked through the articles of the Criminal Code and made notes.

3.…Johnsons have been always interested in politics.

4.…President Kuchma is also a commander5in chief of the armed forces.

5.The head of the state is…President.

106

Module 3. Unit 3

6.They elected George…chairman.

7.He was elected …President for the third time.

8.…Mr. Bush was present at the meeting with the President of the UNO.

9.…Princess Anne is charged with the united women’s organization in England.

10.…Professor Kenson gives lectures in Criminal Procedure.

11.She turned to …aunt Polly.

12.…Prime Minister is the head of the government.

b)names of places (exceptions)

1.… United Kingdom is the only European state without a formally written constitution.

2.Bush is the President of … USA.

3.…Netherlands is situated on the north.

4.They decided to meet in …Hague.

c)names of languages

1.Notaries attest translations from…Russian and foreign languages.

2.What is…English for «декларація»?

3.…English language is much easier than … Chinese.

d)universities

1.…Oxford University is the most famous and oldest educational establishment.

2.… Prosecutor’s Training Institute is a part of …National Law Academy.

3.Mike is a post5graduate student at the University of Hertfordshire.

4.… Staff Development Institute is situated in Kyiv and Poltava.

e)political parties and organizations

1.…Supreme Court of Ukraine is the highest judicial body.

2.…Verkhovna Rada consists of 450 deputies.

3.… Parliament of Ukraine is called the Verkhovna Rada.

4.It is …Parliament (in GB) and not the people that is responsible for the constitution.

5.…Cabinet of Ministers represents the executive branch of power.

6.…House of Lords is a hereditary chamber.

7.…United Nations is a World Organization deals with the most important political, economic and cultural problems.

8.…Commonwealth of Independent States includes Russia, Uk5 raine and Belarus.

107

Part ІI. BASIC COURSE

9.Ukraine took much measure to become a member of…Council of Europe.

10.…World Trade Organization fixes rules of economic relations among its members.

11.… Entry Clearance Office is the organization where you apply for a visa.

12.The head of…Anglican Church is the Queen.

f)historical events

1.Before…Norman Conquest laws in England were based on local traditions and customs.

2.…World War II caused a lot of damage to the development of most countries involved.

3.… Civil War took place in 1920ies in Russia.

g)documents

1.…British Constitution is based on two principles.

2.…Bill of Right determines the rights of citizens of the state and their responsibilities.

3.…Programme of the «Nasha Ukraina» party determines the prin5 ciples of social defence of the citizens.

108

Module 4 Unit 1

Text: Great Britain (legal and political system)

Vocabulary in use Language focus:

Passive Voice. PROGRESS CHECK

Indirect Speech

Pre reading tasks

1. Discuss the following questions

1.Who is the Queen of the United Kingdom of Great Britain and Northern Ireland now? What is Her surname?

2.What major political parties does the Great Britain and Northern Ireland have?

3.Is there a written Constitution in the Great Britain and Northern Ireland?

4.What is the Union Jack?

5.What are Britain’s national flowers?

2.Match the following English words and expressions with their Ukrainian equivalents.

109