English для юристов. Гончар

Part ІI. BASIC COURSE

6.In addition to financial loss a plaintiff sometimes tries to sue … mental distress caused by the breach of contract.

7.Most legal systems allow a certain amount of copying even … asking permission.

8.In order to prevent a new scientific discovery … being copied, it is necessary to apply … a patent.

BUILD UP YOUR VOCABULARY

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

an offer, an agreement, damages, loss, contract, acceptance, terms,

to consider, compensation, a court, a breach, a seller, goods, to enforce, party, to reject, sale, addition, consideration, to sue, plaintiff

English law textbooks often describe a contract as … which made between two or more … and which is binding in law. The parties must agree to contract on certain … .

When … is deciding if a contract has been made, it must consider the following principles. One principle of English … law is that there must be offer and … . An advertisement to sell a car, and I telephone the advertiser and agree to buy it, the seller is not obliged to sell it to me. This is because the law … that the real … is when I contact … asking to buy the car. The seller may then decide whether to accept or … my offer. This is the reason that a store doesn’t to have to sell you … it displays for ... . And there is no … of contract.

So another principle is that there is no valid contract if one of the parties did not intend to be legally bound.

What is valuable consideration? The principle behind this phrase is that the law will not … an empty promise.

But once the court decides that there has been a breach of contract, it must the judge how the party must compensate the other party. The usual award is … — monetary … . In … to financial … a … sometimes tries to … for mental distress caused by the breach of contract. Such claims are less successful in Britain than in the USA, except for holiday contracts.

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Module 5. Unit 2

6.The verbs below can all be used to form nouns or adjectives. Find in the text the nouns/ adjectives which have related meanings and make up your own sentences with them.

Example:To lead — a leader (n.) e.g. Who is the leader of the political party?

To sell, to employ, to create, to enforce, to accept, to offer, to divorce from, to add, to agree, to settle, to insure, to concern, to deal, to guarantee

Post reading tasks

1.Make a list of age limits in your country for such activities as marriage, voting, driving a car, smoking, buying alcohol drinks and others. Exp ress your opinion as to whether the limits are too high or low.

2.Collocations

Match the verbs and nouns. Use a dictionary to help you if necessary.

3. Write an essay about the following statement:

Copying audio tapes at home is just as bad as stealing them from a store

Use this information to organize it correctly.

Essay Writing

•Read the topic carefully.

•Underline words indicating the specific things to be answered in the essay.

•Write an introductory paragraph including 2*3 sentences only.

•Write 3 paragraphs of the body, trying to use 1st and 2nd paragraphs for opposite points of view and the 3rd expressing your own opinion.

•Write a good conclusion as your answer to the problem.

•Check it carefully

Discuss your opinion with other students.

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Part ІI. BASIC COURSE

LANGUAGE FOCUS

The Infinitive

1.Find the Infinitives, translate the sentences into Ukrainian:

1.His duty is to make sure that the place of work is safe. 2. He has just finished his speech to read the text on family law. 3. I expect him to be always fair in fixing price for goods. 4. I would like to see the w5 itness again. 5. This is the place to act. 6. He demanded to know the truth. 7. I beg to inform me of the details of the case. 8. We asked to be given convincing evidence. 9. However a private matter is thought to ended by settlement, it is usually settled before the trial.

2.Make sentences using the words from the table:

3.Make sentences using the infinitive as a subject after It’s important/ dangerous/ interesting/ hard/ unfair… as in the example:

Example: to become a good specialist — It’s important to become a good specialist.

To learn foreign languages; to study Criminology; to have practice in court; to regulate copyrights and trademarks; to learn about other criminal codes; to consider his state of mind; to examine all evidence; to know the definition of tort; to revoke an offer.

4.Write your plans for the future:

Example: to work as a bar — My plan for the future is to work as a bar.

As a solicitor, as a judge, as a prosecutor, as an attorney, as a lawmaker, as an investigator, as a criminalist, as an expert, as a criminal psychologist, as an law5enforcement officer.

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Module 5. Unit 2

5.Write what the officer made your friend do when he was apprehended: Start with: The officer made me…

1)to show my pockets;

2)to sit by the wall;

3)to answer the officer’s questions;

4)to call mother;

5)to tell about the circumstances;

6)to tell the truth;

7)to put signature.

6.Encourage your friends to do something and make up short dialogues: Example: to walk to the Academy — Let’s walk to the Academy.

To call the notary today (to put it off till tomorrow); to go to the meeting (to go to the Prosecutor’s Office); to finish the law report tonight (to leave it till tomorrow); to go to Kiyv by train (to go there by bus); to make our own expert examination (to employ a specialist); to write out some unknown words denoting civil wrongs (to read them).

7.Respond to the statements by giving advice or making recom mendations:

Example: I’ve got much work to do before the meeting. — You’d better go to the hostel and prepare for the meeting.

1.We’ll take an exam in Criminal Law soon (to study the major factors in determining of criminal intent). 2. We may be late with this information (to prove the necessity of using force). 3. You have little time to prepare for the seminar on English Court System. (go to the reading hall now). 4. You have no right to blame him; he performed his legal dity (to justify him). 5. You don’t have enough evidence (to settle the dispute out of court).

8.Fill in the gaps with the particle to if necessary:

1.Let him … help you with your work at the case. 2. He would rather die than … betray his friends. 3. Have you ever heard him … break the law? 5. She seems … know a great deal about public law. 6. Let them

... come as soon as possible. 7. Have you enough information … to sue for compensation?

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Part ІI. BASIC COURSE

9.Translate the following sentences into Ukrainian and define the func tions of the infinitive:

1.It is the duty of the Government to maintain law and order. 2. Laws tell people what they must do and what they must not do. 3. The members of the jury have only to decide the questions of fact. 4. A witness box is a place where a witness stands to give evidence in a court of law. 5. It’s wrong to blame the seller for his refusal to sue for the pri5 ce: the goods turned out to be shoddy. 6. The problem was too co5 mplicated to solve it within 2 hours. 7. The plaintiff was satisfied to have been paid damages.

10.Translate the following sentences paying attention to the Objective and Subjective Infinitive Constructions:

A. 1. I heard the door of the court hall open. 2. Do you expect the jury to believe that you are innocent? 3. Everybody expected this crime to be justifiable. 4. I saw the public meet that verdict with satisfaction. 5. A local authority prefers the child to remain at home under supervisi5 on. 6. The court allowed Mr. X. to remain at home. 7. He is believed to be the fairest judge in our town. 8. They want him to be charged for the second time, but it’s prohibited by the law. 9. I hate you to say such terrible things.

B. 1. The information proved to be wrong. 2. The girl is considered to be in need of protection. 3. The young offender was seen to be working very hard. 4. He is expected to be honest during the trial. 5. He is known to earn money by writing law reports. 6. The court is unlikely to give a different sentence. 7. Three people are reported to have been injured in the accident.

11.Read this text, choose the correct non finite form of the verb and translate the words in brackets into English. Necessary verbs are in the table:

What is a contract?

It is an agreement that creates a (зобов’язуюче) obligation upon the parties. The essentials of a contract are as follows: mutual agreement; a

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Module 5. Unit 2

legal consideration; parties who have legal capacity to make a contract; absence of fraud; a subject matter that is not illegal or against public policy.

What form does a contract take?

In general, contracts may be either oral or (письмові). Certain types of contracts must be (письмові) та (підписані). These include contracts (які включають) the sale and transfer of property.

How does a contract end?

In case of a breach of contract, (пошкоджена) party may go to court to sue for financial compensation or damages. Specific per5 formance of a contract is the right by one (контрактуючою) party to have the other (контрактуюча) party perform the contract according to the terms (обговорені).

12.Translate the following sentences into English:

1.Президент США має право відхилити проект. 2. Я почув, як суддя говорив латиною. 3. Ви сподіваєтеся, присяжні пові5 рять, що ви невинний? 4. Він вимагав, щоб йому надали мож5 ливість відшкодувати збитки. 5. Вважали, що дівчині потрібна допомога. 6. Вона сподівалася, що другий свідок підтвердить її версію. 7. Здається, вона багато знає з цивільного права. 8. Ви колись чули, щоб він порушував закон?

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Module 5 Unit 3

Text: Criminal Law

Vocabulary in use

Language focus:

The non5Finite forms of the verbs (the

Infinitive, the Gerund, the Participle)

PROGRESS CHECK

Pre reading tasks

1.Do you agree with the statement «Criminals need help more than punishment»?

Discuss your answer with your partners.

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

Reading tasks

1.Read the text to understand what information is of primary imp ortance or new for you.

CRIMINAL LAW

Criminal Law is the body of law that defines criminal offences, re5 gulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.

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Module 5. Unit 3

The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in coun5 tries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations — that is, limits for the period during which charges may be made.

A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self5defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances.

Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are cons5 piracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.

Important differences exist between the criminal law of most English5speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has con5 sistently rejected all efforts toward comprehensive legislative co5 dification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.

The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been

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Part ІI. BASIC COURSE

repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common5law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.

In Europe the criminal law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries.

In the last few decades the movement for codification and law reform has made considerable progress everywhere.

Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legis5 lation, and rehabilitation.

UNDERSTANDING MAIN POINTS

2.A. Give the definitions for the following legal terms:

a.Criminal law is …

b.Crime is …

c.Conspiracy is …

d.Attempt is …

B. Answer the questions:

1.What are the two important elements of a crime which the prosecution must prove?

2.What is «double jeopardy»?

3.What differences exist between the criminal law of most English5 speaking countries and that of other countries?

4.WhatcriminalcodesprovidedthemodelformanyEuropeancountries?

5.What has modern criminal law been affected by?

3.Law Breakers. Find in the text and decide from the context what the word could mean, then choose the appropriate definition. Match each word on the left with the correct definition on the right.

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4.PREPOSITIONS.Choose the right preposition in brackets according to the contents of the sentences (by, from, in, on, to, for).

1)The Crown Prosecutor, who works for the Director of Public P5 rosecutions, is responsible … prosecuting criminals based on evidence presented by the police.

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