5. Most and most of

‘John…. spent most of his time in England… ’

Most is used before uncountable or countable nouns

most + noun

Before another determiner (for example the, his, this) most of is used. Most of is also used before a pronoun.

most of + the (my, this) + noun

most of + pronoun

Exercise 5. Fill the spaces, using either most or most of

1. ..... sets of chambers are fairly small comprising of about 15 to 20 barristers.

2. … people tend to vote for a candidate who sounds more optimistic.

3. Law can affect many aspects of our lives, yet ….. people living in England and Wales have little understanding of the legal system that operates in these countries.

d. … British Government ministers are drawn from the House of Commons.

5. … the 63 clauses in Magna Carta handed over power from the King to his barons.

6. … the people on the plane were shattered.

7. ….. the time it is very quite here.

8. … us thought he was wrong.

Comprehension check

Exercise 1. Answer the following questions.

a. What specific rights did Magna Carta express?

2. How many times was Magna Carta changed?

3. When did the document become a source of basic principles of the government?

4. What were the historical events that directed baronial rebellion into a demand for a solemn grant of liberties by the king?

5. When was the document known as the Articles of the Barons at last agreed upon and sealed by King John?

6. When was the final version of Magna Carta accepted by the king and the barons?

Exercise 2. Do you agree or disagree with the following statements?

1. English Great Charter meant less to contemporaries than to subsequent generations.

2. Magna Carta was a failure, for it was no more than a stage in ineffective negotiations to prevent civil war.

Exercise 3. Explain and extend the following statements.

a. Magna Carta was the first modern example of a constitution.

b. Magna Carta restated law and ensured feudal rights.

DISCUSS

Speak on the baronial rebellion and Magna Carta.

1.2 Habeas Corpus

Magna Carta (1215) laid the foundation of rights of judgment in English-speaking countries. King John was forced to promise that ‘no free man shall be taken or imprisoned except by the lawful judgment of his peers and by the law of the land’. In the Habeas Corpus Act of 1679 the British Parliament strengthened the law by imposing severe penalties upon judges and officers who refused to grant the writ of habeas corpus. The Act came about because a lady liked a drink or two. One night in 1621, Alice Robinson and her husband were holding a rowdy, drunken party at their home in High Holborn, London. A passing constable heard 'a brawling, fighting noise' and entered the house to investigate. Inside, he alleged, he found 'men and women in disordered and uncivil accompanying together', so the party-pooping policeman accused Alice of keeping the whole parish awake with her revelry. When she swore at him, he arrested her and she was imprisoned in the Clerkenwell House of Correction.

Apparently Alice's fellow revellers missed her wild parties and pushed for her release, eventually forcing the authorities to bring her to trial. At the Old Bailey she told a harrowing tale, alleging that she had been stripped and given 50 lashes at the Clerkenwell House of Correction.

'I swooned,' she said, 'my flesh being torn by the whips.' She had been forced to sleep on the bare earth and fed nothing but water and black bread, which was harsh even by the standards of the time. When it transpired that she was pregnant, there was an outcry, the jury acquitted her and the constable who had taken her into custody found himself in Newgate Prison on the grounds that he had arrested her without a warrant — and the justice of the peace who had signed the warrant for her detention was reprimanded.

The result was the Habeas Corpus Act which takes its name from the first words of the writ issued to enforce it: 'Habeas corpus ad subjiciendum', which means 'You should have the body for submitting'. Once the writ had been presented a jailer had to produce the prisoner, or their corpse, within three days. This means that the authorities cannot hold a person or persons for a large amount of time before releasing them or bringing them before a court.

However, it took some time after Alice's release for the Habeas Corpus Act to reach the statute books as the Civil War was taking place at the time. In fact, the Act may not be a law at all because it was not actually approved by both Houses of Parliament. After the Restoration, the Habeas Corpus bill had to be introduced several times, each time being passed swiftly by the Commons before meeting stiff opposition in the House of Lords. In the end it was passed by a disgraceful piece of deception. According to the Bishop of Salisbury, Gilbert Burnet, some deceit was involved — the vote in the House of Lords was recorded as 57 to 55, even though the minute book of the Lords says that there were only 107 peers present. Realising that something was amiss, Lord Chancellor Shaftesbury, a fervent supporter of the bill, got to his feet and spoke for nearly an hour on several other matters, during which time a large number of peers entered and left the House, so it was impossible to have a recount. As Parliament was reaching the end of its session, the bill received royal assent without any further ado.

WORDS AND PHRASES YOU NEED TO KNOW

1. habeas corpus n law Lat (1. protection against unlimited imprisonment without charges 2. the right of someone in prison to appear in a court of law so that the court can decide whether they should stay in prison.)

A writ of habeas corpus n (a written order for a person to appear in court, most frequently to ensure that the party’s imprisonment or detention is not legal)

2. impose sth on/upon v (someone in authority imposes a rule, punishment, penalty, tax etc, they force people to accept it)

3. constable n (a police officer of the lowest rank)

4. accuse sb of (doing) sth v (to say that someone is guilty of a crime)

5. the authorities n (the people that are in charge of a particular area)

6. the jury n (a group of usually 12 people chosen to hear all the details of a case in a court of law and give their decision on it)

7. acquit v (give a decision that someone is not guilty of a crime)

8. custody n (when someone is kept in prison until they go to court, because the police think they have committed a crime)

take sb into custody

9. warrant n (a written order signed by an official of the law, especially allowing the police to take certain action)

10. peace of the justice (= justice of he peace) n (a local judicial officer having jurisdiction over minor criminal offenses and minor civil disputes)

11. enforce v (to cause (a rule or law) to be obeyed or carried out effectively) (apply)

12. court n (a place where law is administered)

the court (the people, especially law officers and members of the jury, who are gathered together in a court to hear and judge a law case.)

a court of law

bring a case to court

13. approve v (a bill) (to confirm authoritatively)

14. bill n (a legislative proposal offered for debate before its enactment)

introduce a bill

pass a bill

15. vote n (the expression of one’s preference or opinion by ballot vote v the act of voting)

16. ‘recount n (a process of counting votes again) have a recount

re’count v

17. assent n (formal approval or agreement from someone who has authority)

royal assent n (the signing of a law by the British king or queen)

Reading notes:

Parliament the main law-making body, consisting of both the elected representatives of the people (the House of Commons) and the House of Lords.

Old Baily the most famous law court in the UK, officially called the Central Criminal Court. It is a Crown court( =a court that deals with very serious crimes) in London, named after the street it is on. Many famous criminals have been judged there, including murderers and traitors (=someone who helps an enemy country). On the roof there is a statue of a woman that represents justice. Her eyes are covered to show that she does not give special treatment to anyone, and she is holding a sword in one hand and a pair of scales in the other, to show that the facts in cases will be judged fairly, and guilty people will by punished.

Newgate prison a prison in London from about 1200 to 1900, known for the terrible conditions in which the prisoners were forced to live and for holding some of the most famous criminals in British history.

house of correction = a prison. They sent him to a house of correction.

Lord Chancellor the most important official in the legal system of England and Wales. The Lord Chancellor gives legal advice to the King or Queen, chooses new judges, and decides whether or not a law needs to be changed. He is also the Speaker of the House of Lords and an important member of the UK government.

Exercise 1. Read the following sentences, notice carefully the words in bold, and translate the sentences into Russian

Habeas corpus

1. She applied for a writ of habeas corpus.

2. Habeas corpus is a law which says that a person can only be kept in prison following a court’s decision.

3. There is no mention of habeas corpus — the cornerstone of liberty — in Magna Carta, which did not appear until 464 years later with the Habeas Corpus Act of 1679

Impose

1. They have decided to impose sanctions on countries that break the agreement.

2. The law gives rights to individuals and methods of enforcing those rights. Quite often the law is involved in a balancing act, trying to ensure that one person’s rights do not affect another person’s rights. In order to keep the balance the law also imposes duties on people.

3. In the Habeas Corpus Act of 1679 Parliament strengthened the law by imposing severe penalties upon judges and officers who refused to grant the writ of habeas corpus.

Constable

1. A constable is a British officer of the lowest rank.

2. Each Chief Constable is responsible for all operational and administrative decisions.

3. A passing con­stable heard 'a brawling, fighting noise' and entered the house to investigate.

Accuse of

1. Are you accusing me of lying?

2. He’s been accused of murder.

3. Inside, he alleged, he found 'men and women in disordered and uncivil accompanying together', so the party-pooping policeman accused Alice of keeping the whole parish awake with her revelry

Authorities

1. In Britain some of the most fundamental laws of the constitution are

traditional rather that being written down, but there is also a mass of written laws covering how the British are governed, both by central and by local authorities.

2. Police authorities have limited powers.

3. Apparently Alice's fellow revellers missed her wild parties and pushed for her release, eventually forcing the authorities to bring her to trial.

The jury

1. The jury has/have returned a verdict of guilty.

2. There were eight women on the jury.

3. When it transpired that she was preg­nant, there was an outcry and the jury acquitted her.

Acquit

1. The jury acquitted him of murder.

2. He was acquitted on the charge of murder but convicted of manslaughter.

3. All the defendants were acquitted.

Custody

1. The man has now been taken into custody.

2. She was taken into custody as a suspect.

3. The constable who had taken her into custody found himself in Newgate Prison on the grounds that he had arrested her without a warrant.

Warrant.

1. You can’t search my house without a warrant (= a search warrant).

2. The magistrate issued a warrant for his arrest.

3. The justice of the peace who had signed the warrant for her detention was reprimanded.

Enforce(apply)

1. The government provides the legal machine with the weapons of compulsion: police to enforce the law and catch those who break it, courts to establish guilt and innocence, and prisons to punish offenders.

2. We need a legal system that is capable of applying law fairly and consistently and amending and interpreting it so that it can deal with new and changing circumstances.

3. The result was the Habeas Corpus Act which takes it name from the first words of the writ issued to enforce it: 'Habeas corpus ad subjiciendum', which means 'You should have the body for submitting.'

Court

1. The case was settled out of court (= without having to be heard by a judge).

2. Law covers an enormous range of situations and the legal system in England and Wales has a variety of courts and methods for dealing with different types of cases.

3. Once the writ had been presented a jailer had to produce the prisoner within three days. This means that the authorities cannot hold a per­son for a large amount of time before releasing them or bringing them before a court.

Approve

1. The conference approved a proposal for a referendum.

2. The city government approved the city plan.

3. In fact, the Act may not be a law at all because it was not actually approved by both Houses of Parliament.

Bill

1. In the UK when a new bill is first presented to the House of Commons, this is known as the first reading.

2. Later the MPs discuss the bill.

3. As Parliament was reaching the end of its session, the bill received royal assent without any further ado.

Vote

1. Usually no discussion takes place, but there will be a vote on whether the House wishes to consider the bill further.

2. The vote may be verbal: this is when the Speaker of the House asks the members as a whole how they vote and the members shout out ‘Aye’ or ‘No’.

3. According to the Bishop of Salisbury, Gilbert Burnet, some deceit was involved — the vote in the House of Lords was recorded as 57 to 55, even though the minute book of the Lords says that there were only 107 peers present.

Recount

1. I demand a recount!

2. The defeated candidate demanded a recount.

3. Realising that something was amiss, Lord Chancellor Shaftesbury, a fervent supporter of the bill, got to his feet and spoke for nearly an hour on several other matters, during which time a number of peers entered and left the House, so it was impossible to have a recount.

(Royal) assent

1. Parliament gave its assent to war.

2. The Channel Tunnel bill today received the royal assent.

3. Once the bill has been agreed by both Houses of Parliament, the Queen gives it her ROYAL ASSENT (she signs it) and it officially becomes a law.

Exercise 2. Fill the spaces in the following sentences with a suitable expression from Exercise 1.

a. She says she will go to ….. to try to prove that she was unfairly dismissed of a job.

b. A large group of photographers and reporters gathered outside … .

c. A group selected to decide innocence or guilt of an accused person on trial is called … .

d. In the US if the President agrees with … he or she signs it.

e. The Professor has been … … stealing his student’s ideas and publishing them.

f. The judge directed the jury … Philips … the murder.

g. A man is being held in police … in connection with the murder.

h. We are waiting for the director to give his … .

i. … is a legal document that is signed by a judge, allowing the police to take a particular action.

j. The court can … a fine or a prison sentence.

k. Severe penalties ….on drug dealers.

l. In Britain some of the most fundamental laws of the constitution are traditional rather than being written down, but there is also a mass of written laws covering how we are governed, both centrally and by local ….

m. A formal requirement is that the bill must be … by both Houses of Parliament, with ample opportunity for debate both in the Commons and in the Lords.

n. Tellers count up the number of MPs who … for and against and declare these numbers to the Speaker in front of the members of the House.

Exercise 3. Twelve words or phrases which you may not know are in italics in the text.

1. Study them carefully and say what you think they could mean in the context.

2. Below are eight explanations for them but they are not in the same order. Match the explanation to the correct word or phrase.

1. a trick …………………………

2. not showing any willingness to be kind …………………………

3. faint …………………………

4. an angry protest by a lot of people …………………………

5. a person who is in charge of prisoners …………………………

6. a noisy party …………………………

7. distressing …………………………

8. exhausted, very tired …………………………

9. wild noise dancing, eating, drinking etc …………………………

10. someone who is having fun dancing, …………………………

eating, drinking etc in a noisy way

11. to tell someone officially that something …………………………

they have done is very wrong

Exercise 4. Find in the text English equivalents for the following Russian words and expressions.

приказ о доставлении в суд, назначить наказание, полицейский, власти, присяжные, оправдать, арестовать, ордер на арест, мировой судья, законопроект, пересчёт голосов на выборах, внести законопроект, вводить в действие, королевская санкция, санкция монарха (одобрение монархом законопроекта, принятого обеими палатами парламента, после чего законопроект становится законом.

Exercise 5. Translate these sentences into English.

a. Предписание о представлении арестованного в суд гарантировало английскому народу справедливое судебное разбирательство.

b. ‘Writ of habeas corpus’ – это распоряжение суда, назначение которого состоит в том, чтобы защитить личную свободу того, кто был незаконно взят под стражу.

c. Его обвинили в воровстве и мошенничестве.

d. Полиция не может проводить обыск помещения без ордера.

e. В компетенцию присяжных заседателей в суде входит решение вопросов о невиновности или виновности обвиняемого в совершении преступления по уголовному делу.

f. В Великобритании законопроект не может стать парламентским законом без королевской санкции.