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МИНИСТЕРСТВО ОБРАЗОВАНИЯ И НАУКИ

ДОНЕЦКОЙ НАРОДНОЙ РЕСПУБЛИКИ


ГОУ ВПО «Донецкий национальный университет»
Факультет иностранных языков
Кафедра английского языка для экономических специальностей

И.С. Красько

A Career in Law

УЧЕБНОЕ ПОСОБИЕ
по дисциплине «Иностранный язык по профессиональному направлению
(английский)»
для студентов 2 курса
направления подготовки 40.03.01 Юриспруденция

Рекомендовано к изданию Ученым советом


ГОУ ВПО «Донецкий национальный университет»
(протокол № 5от 25.06.2021)

Донецк 2021
УДК 811.111:001.4(075)
ББК Ш12=432.1*9*34:Х.я73
К784

Рецензенты:
Воеводина А.В., кандидат филологических наук, доцент, ГОУ ВПО «Донбасская
юридическая академия»;
Моисеева Ф.А., кандидат философских наук, доцент, ГО ВПО «Донецкий
национальный университет экономики и торговли имени Михаила Туган-Барановского».

Красько И.С. A Career in Law : учебное пособие по дисциплине «Иностранный язык


по профессиональному направлению» для студентов 2 курса направления подготовки
40.03.01 Юриспруденция / И.С. Красько. – Донецк: ДонНУ, 2021. – 213 с.

Настоящее пособие предназначено для усовершенствования коммуникативных и


языковых навыков обучаемых в сфере профессиональной подготовки. Предложенные в
учебном пособии задания можно использовать для аудиторных занятий, организации
самостоятельной работы дома, а также для итогового контроля усвоения пройденного
материала.
Пособие состоит из десяти уроков, каждый из которых включает профессионально
ориентированные тексты для расширения знаний и отработки навыков и умений работы с
юридической литературой, различные упражнения к текстам и необходимый лексический
минимум по темам «Деликтное право», «Уголовное право», «Профессия юриста»,
«Корпоративное право», «Коммерческое право», «Нормы права о недвижимости»,
«Арбитраж и судебное разбирательство», «Договорное право», «Международное право» и
«Сравнительное право».
Для студентов юридических факультетов (уровень Intermediate, Upper Intermediate).

УДК 811.111:001.4(075)
ББК Ш12=432.1*9*34:Х.я73

© И.С. Красько, 2021


© ГОУ ВПО «Донецкий национальный университет», 2021

2
CONTENTS

Введение ………………………………………………………………..……… 4
Unit 1. A career in law ……….……………………………………………... 7
Unit 2. Contract law ……….………………………………………………... 27
Unit 3. Tort law ……….…………………………………………………….. 42
Unit 4. Criminal law ……….……………………………………………….. 60
Unit 5. Company law ……….………………………………………………. 85
Unit 6. Commercial law ..….……………………………….……………….. 106
Unit 7. Real property law ……….………….……………………………….. 117
Unit 8. Litigation and arbitration ……..……………………………………... 127
Unit 9. International law …….………………………………………………. 142
Unit 10. Comparative law …….……………………………………………… 161
Progress Test (Units 1-5) ……………………..……………………………….. 173
Progress Test (Units 6-10) ………………………………………...................... 178
Заключение …………………………………………………………………… 184
References ……………………………………………………………………… 185
Acronyms and Abbreviations ………………………………………………… 187
Appendix. Word list ………………………………………………………….... 189
ВВЕДЕНИЕ

Настоящее учебное пособие предназначено для самостоятельной и


аудиторной работы студентов юридических факультетов, изучающих
английский язык в вузе на средней ступени обучения (intermediate, upper
intermediate), и нацелено на развитие умений разных видов чтения и говорения.
Целями данного учебного пособия являются: накопление и
систематизация словарного запаса, необходимого для общения на
предлагаемые профессиональные темы; развитие навыков чтения
профессионально ориентированных текстов; развитие умения аргументировать
и выражать свое мнение по предложенной теме; формирование лексико-
грамматических навыков перевода информации профессионального характера с
русского языка на английский и с английского языка на русский; развитие
умения правильно конструировать грамматические формы и синтаксические
построения в соответствии с нормами изучаемого языка.
Предлагаемое учебное пособие ставит своей целью развитие
профессионально значимых умений, знаний и навыков, обеспечивающих
достижение уровня языковой компетенции, необходимого и достаточного для
реализации целей профессиональной коммуникации, что достигается при
использовании коммуникативно-ситуативных и лексико-грамматических
заданий, вовлекающих студентов в дискуссии профессионального характера.
Увеличение единиц активного вокабуляра способствует не только
обогащению словарного запаса обучающихся, но и помогает им лучше понять
текст, оптимизируя работу по его интерпретации. Отработка тематического
вокабуляра создает хорошую лингвистическую основу для дальнейшей
дискуссии в рамках заданной проблематики. В результате освоения материала
обучающийся должен уметь воспринимать и когнитивно обрабатывать в
соответствии с поставленной целью правовую информацию на иностранном
языке, полученную из печатных и визуальных источников, а также
продуцировать устные и письменные высказывания на иностранном языке с
учетом функциональных целей и задач профессионального взаимодействия.
Учебное пособие соответствует рабочей программе учебной дисциплины
«Иностранный язык по профессиональному направлению (английский)» по
направлению подготовки 40.03.01 Юриспруденция.
Структурно пособие состоит из десяти разделов, каждый из которых
имеет единую структуру и представляет собой тематически завершенное целое.
В каждом разделе представлены задания, предусматривающие развитие
навыков чтения профессионально ориентированных текстов, упражнения,
нацеленные на изучение специальной юридической терминологии. В пособии
рассматриваются такие профессиональные темы, как: «Профессия юриста»,
«Уголовное право», «Деликтное право», «Договорное право», «Корпоративное
право», «Торговое право», «Нормы права о недвижимости», «Судебный
процесс и арбитраж», «Международное право» и «Сравнительное право». В
пособии также представлен словарь юридических терминов и клише по
каждому из разделов для составления монологических и диалогических
высказываний. Каждый из разделов включает в себя тексты и послетекстовые
задания, обеспечивающие проверку понимания прочитанного, степени
сформированности навыков чтения и использования полученной информации
для развития умения выражать свою точку зрения. С помощью клише для
составления монологических и диалогических высказываний студенты могут
вести беседу, выражая свое собственное мнение по предложенной теме,
используя юридическую терминологию.
Упражнения составлены таким образом, чтобы способствовать развитию
навыков устной речи, формированию коммуникативной компетенции.
Словарные задания (поиск лексической единицы по ее словарной дефиниции и
др.), упражнения на заполнение пропусков, установление логической связи
между группами слов, ответы на вопросы с использованием активной лексики,
поиск дополнительной информации по теме с последующей устной
презентацией на занятии приучают студентов пользоваться справочной
литературой на иностранном языке и подготавливают их к переводу в рамках
изучаемой тематики.
Послетекстовые задания позволяют проконтролировать понимание
прочитанного, а также развивают у студентов критическое отношение к
прочитанному.
Для проверки уровня учебных достижений пособие содержит
контрольные вопросы и задания. Учебное пособие может быть использовано
как индивидуальная учебная книга и рабочая тетрадь студента, т.е. ряд
упражнений предназначен для выполнения непосредственно в учебнике, что
способствует оптимизации учебного процесса.
Unit 1. A CAREER IN LAW

1 Read the text below and answer these questions.

1. Which courses do law students in the UK have to take?


2. How can you describe the study of law?
3. Which optional courses might a student who wants to work in a big law firm
take?
4. What do law clinics offer to the local community?
5. How many collocations with the words legal and law can you find in the text?

The study of law is intellectually stimulating and challenging, and can lead to a
variety of interesting careers.

In the UK and the USA, law degree


programmes usually take three years to
complete. In the UK, these programmes
typically include core subjects such as criminal law, contract law, tort law, land law,
equity and trusts, administrative law and constitutional law. In addition, students
are often required to take courses covering skills such as legal writing and legal
research.

There is also a variety of optional (elective) courses available. Since many law
students go on to become lawyers, students often take courses that will be useful to
them during their future careers. Someone wishing to run a small partnership or to
work alone as a sole practitioner in a small town may decide to take subjects such as
family law, employment law and housing law. Those wishing to work in a large law
practice will consider subjects such as company law, commercial law and litigation
and arbitration.

Many universities also offer courses on legal practice. Courses like this give students
the opportunity to experience the work of a lawyer before deciding on a career in the
law. Another way of finding out more about law in practice is to get involved with a
voluntary advice center or law clinic. These clinics offer free legal assistance to the
local community and provide a useful introduction to some of the day-to-day work of
a lawyer.

For students wishing to work in a commercial practice, knowledge of foreign


languages is essential. When law firms hire new recruits, they generally look at four
things: education, personality, work experience and language ability. Since English is
the language of the international legal community, law firms increasingly expect
graduates to have a good command of English.

2 Read the text again and decide whether these statements are true or false. If the
statement is false, correct it.

1. A course in family law is usually included among the core subjects at law
schools in the UK.
2. Some law degree programmes offer courses in some of the important skills that
lawyers need in order to do their work, such as legal writing or legal English.
3. Law clinics give law students the opportunity to learn about the legal problems
of the medical profession.
4. Today, commercial law firms expect recruits to be completely fluent in English.
5. Commercial law and company law will be useful for those wishing to work as a
sole practitioner.
6. When law firms hire new recruits, they look at four things: education, place of
residence, marital status and language ability.
3 Match the halves of these sentences about the different types of law firm
mentioned in exercise 1.

1 A commercial practice A is managed by partners who share profits and


responsibility equally.
2 A large law firm B works on his or her own, has no partners and
usually handles smaller cases.
3 A law clinic C advises clients on corporate and commercial
matters and may also negotiate transactions
and solve business problems.
4 A partnership D can have 50 or more lawyers working on
complex matters for large organizations.
5 A sole practitioner E gives students an opportunity to deal with
real clients and to develop their legal skills.

4 Complete these sentences by inserting either ‘law’ or ‘legal’.

1. Instruction in ……………… English is becoming compulsory in a growing


number of law faculties all over the world.
2. After university, my work as a trainee solicitor gave me useful experience in
commercial litigation, and I was offered a good position in a large
……………… firm.
3. During my studies, I volunteered at a local ……………… clinic, where I
provided free ……………… assistance to people who could not afford to pay
for a lawyer.
4. Some of the most important courses a student completes during his or her
studies of the law are skills courses, such as courses in...........................writing
and..........................research.
5 Read the text about working in law. The most important words are in the key
vocabulary below. Then decide if the statements after the text are true or false.

 lawyer  practise  barristers  law firm


 attorney  judge  training contract  acting for
 qualified  legal practice  partnership  represent
 litigation  advocacy  pleading a case  specialize
 right of audience  appear  solicitors  clients

There are two types of lawyer who practise in England. They are called barristers and
solicitors. In the USA and most other countries, lawyers do not make this division – a
lawyer is simply known as an attorney at law, or an attorney.

In both England and the USA, it is not possible to take a special exam to be a judge.
If you decide that you want to be a judge, you must get a lot of experience as a lawyer
first, then apply to be a judge and wait to see if you are chosen.

Most law students in England become solicitors. When they finish their university
studies they do a one year legal practice course and then a two-year training contract
with a law firm. After that, they are qualified solicitors. Many solicitors work for a
legal practice, which is usually a partnership of solicitors who work together.
Solicitors practice in many areas of law, although each solicitor usually chooses to
specialize in one particular area. They represent their clients both in and out of court.
We often describe this as acting for a client. The process of making a claim in the
civil court is called litigation.

Barristers are self-employed lawyers and don’t work in partnerships in the way the
solicitors do. They are specialists in advocacy, which is the skill of speaking for
someone in court. We call this pleading a case. They also give opinions on areas of
law to solicitors and the solicitors’ clients. It is not just barristers who have the right
of audience in court – solicitors are also allowed to represent their clients in court and
many solicitors appear in court every day. It is not true to say that a client always
needs a barrister in court.

A. There are two types of lawyers practising in England.


B. Last year I finished my training contract and I started working for a large
international law firm, I am now a qualified lawyer.
C. Only barristers can speak on behalf of clients in court.
D. Many solicitors work together in partnerships but barristers do not.
E. In the USA and England lawyers can take a special exam to be a judge.

Speaking
Discuss these questions with a partner.
o What type of law firm do you (think you would like to) work in? And why?
o Which optional courses are you taking / did you take during your studies? And
why?

Choose and explain one of these terms and expressions in your own words.
o advocacy o core subjects o right of audience
o barrister o law clinic o partnership
o solicitor o graduate o litigation

6 Give the English equivalents to the following words and phrases.

Защита дела в суде; адвокат; поверенный; представлять интересы клиента в


суде; юридическая клиника; квалифицированный юрист; знание иностранных
языков; деликтное право; юридическая профессия; сдавать специальный
экзамен; судебный процесс; выступать от имени клиента; право выступать в
суде; самозанятый; юридическая помощь; обязательные предметы; жилищное
право; во внесудебном порядке; специализироваться (в чем-л.); отрасли права;
семейное положение; юридическая письменная речь; юридическое сообщество;
явиться в суд; физические лица; навыки; решать проблемы.

7 Look at this list of legal occupations. All of these people work in law. We call
all of the people who work in these jobs, “the legal profession”. Match the jobs
with one of the descriptions.

Solicitor Barrister Attorney Lawyer

a This person is a lawyer who gives legal advice and opinions to solicitors. He/
she passed the exams of the Bar Council of England and Wales at the end of
his/her studies.
b This person is a lawyer who gives legal advice to individuals and companies.
He/she passed his/her exams in the USA at the end of his/her studies and is
usually a member of the American Bar Association.
c This person is a lawyer who gives legal advice to individuals and companies.
He/ she passed the exams of the Law Society of England and Wales at the end
of his/her studies.
d This is the general job title we use for people who work as a solicitor, barrister
or attorney.

SOLICITORS AND BARRISTERS


Diana Williams is a lawyer. Today she is going to visit a school in her town to talk to
the students about a career in law. Here are some of Diana’s notes for her talk. In this
section she is talking about the two separate professions that exist in England,
solicitors and barristers.
8 Fill in the gaps in the text with the correct word from the box below.

 partner  judge  client  audience


 qualify  practices  solicitor  associate
 partnerships  court  attorney  issued
 advice  chambers  experience

My notes for careers talk at Chatsworth Hill School

In England we have two different types of lawyer. One is known as a (a)


……………….. and the other is a barrister. Both are called ‘lawyers’. This can be a
little confusing because in the USA every lawyer is usually known as an (b)
……………….. An English law student has to decide at sometime during their
university studies which type of lawyer they would like to (c)...........................as.
Most English law students decide to become a solicitor. These are lawyers that a (d)
……………….., the person who pays for the services of a lawyer, will usually meet
first. Often the solicitor can help the client without the need for a barrister.
Most solicitors work in small private businesses, known as (e).............................in
which are called ‘High Street firms’. This phrase ‘High Street firm’ refers to a
typical, small group of solicitors working together in the type of offices that you can
find on the major streets of any English town or city. Many law firms are set up as (f)
……………….. . A young lawyer will usually work first as an (g) ………………..
of the firm and gain some experience while being paid a fixed salary before being
offered the opportunity to become a (h) ……………….. . A typical High Street
solicitor usually specializes in a particular area of law, such as family, employment
or commercial law. Many people believe that solicitors cannot act for their clients in
(i) ……………….. but this is untrue. Thousands of solicitors appear in court every
day, especially in the County courts where most claims are (j) ……………….. .
The second type of lawyer found in England is known as a barrister. Barristers are
usually specialists in a very particular area of law. They give (k) ………………..
and opinions to solicitors and their clients. Barristers have the right of (l)
……………….. (the right to be heard by a judge) in all of the courts in the land.
Barristers often share offices, known by their traditional name of
(m)
……………….., although they all work alone as individuals because they are
forbidden to work as partners.
After several years of (n) ……………….., members of either profession may
apply to preside over cases and sit as a (o) ……………….. . Within the English legal
system a law student cannot take an exam to be a judge but has to wait to be
appointed after some years of experience as a lawyer.
9 Look at the solicitors’ advertisements below. Give the name and the telephone
number of the firm of solicitors that I should call if I have the following legal
problems.

a I have reached the age of 50 and I am thinking about what I want to happen to
my property after my death.
b I want to begin a business importing electrical goods from one European Union
country into another and I want to know what the rules are.
c I am a woman who is angry that a man doing the same job in the factory where
I work is paid more than I am.
d I am a visitor to England from the USA. I came to work in London 18 months
ago, with the permission of the British authorities. However, I only had
permission to be here for a year and now I am afraid because I have broken the
law.

Firm of solicitors Telephone number

a
b
c
d
10 This exercise tests your knowledge of the names we give to people who work in
or for the legal system, or people who become involved in a legal process.
Complete each sentence with an appropriate word (the first and last letters
have been given to you in each case), and use your answers to fill in the
crossword on the next page.

Across
2. A l r is a general term for any qualified member of the legal
profession.
6. An a y is somebody who is legally allowed to act on behalf of
someone else.
11. A member of 4 down is called a j r.
12. The j y is the collective word for all judges in a country, as well as the
court system in general.
13. An a e is somebody who has the right to speak in open court as the
representative of a party in a legal case.
15. At r is a man who has made a will.
16. Ab r is a member of the legal profession who can plead or argue a
case in one of the higher courts of law.
19. An a t is a person who appeals to a higher court in order to get it to
change a decision or a sentence imposed by a lower court.
20. Ac t is somebody who is kept in prison as punishment for a crime.
21. The person who is elected by the other 11 members of 4 down is called the
f n.
23. Ap n officer supervises people who have committed something wrong
but are not sent to prison, or people who have been released early from prison
on certain conditions.
24. As t is someone whom the police believe has committed a crime.
26. Aw s is someone who sees something happen, or is present when it
happens.
27. Aj e is an official who presides over a court and in civil cases decides
which party is in the right.

Down
1. Ac t is a person who is represented by a 2 across.
3. Ac t is a person who takes legal action against someone in the civil
courts.
4. A group of 12 citizens who are sworn to decide whether someone is guilty or
not guilty on the basis of the evidence they hear in court is called a j y.
5. Somebody who receives something under a will is called a b y.
7. Am e is an official (who is not a 2 across and who is usually unpaid)
who tries cases in a lower court.
8. An a r is somebody who decides who is right and what should be done
in a disagreement or dispute.
9. At r is someone who has committed a civil wrong, or tort.
10. The person who brings criminal charges against someone in a court is called a
p r.
14. A d t is someone who is sued in a civil case or somebody who is
accused of a crime in a criminal case.
17. A person who applies for a court order is called an a t.
18. A s r is a 2 across who has passed the examinations of the Law
Society and has a valid certificate to practise, who gives advice to members of
public and acts for them in legal matters.
22. Ac r is a public official who investigates the cause of death or the
reason for it, especially if it is sudden or unexpected.
25. C l is the term for a 16 across acting for one of the parties in a legal
action.
11 Look at the categories of civil law and match them with a very simple definition
provided.

maritime law IT law


the law of tort intellectual property law
business and company law family law
contract law employment / labour law
the law of equity and trusts the law of real property / conveyancing

A The law that deals with the protection of the rights of inventors (who might
invent a new drug or machine) or artists (who might write a book or a song).
B The law that deals with situation where someone has control of property for a
period of time and must look after it for the benefit of someone else.
C The law that deals with the events such as divorce and the custody of (the right
to look after) children.
D The law that deals with everything connected with information and how it is
passed between people, especially by means of the Internet.
E The law that deals with land, including transferring the ownership of buildings
or land from one person to another.
F The law that deals with private agreements between people or companies and
tries to make sure that no one suffers a loss if an agreement is broken.
G The law that deals with every citizen’s responsibility not to harm other people
in any way, even if it is not a contractual or criminal situation.
H The law that deals with people’s rights, pay or conditions in the workplace.
I The law that deals with the way businesses are set up (created) and run
(operated) and how they must work in relation to each other and the general
public.
J The law that deals with everything connected with the sea or ships.
12 Look at the situations below and decide which area of civil law is relevant.

A Anna agreed to pay Paul £4000 to landscape the The area of law is
garden at her new house. Paul has now finished …………………………
the work but Anna says she is not satisfied and
she has refused to pay him.
B Caroline and Susan want to start a business The area of law is
together. They need a solicitor to draft an …………………………
agreement for them about how they will share
all the responsibilities of the business.
C Daniel wants his two-year old grandson, The area of law is
Wayne, to have his house when he dies. …………………………
However, if Daniel dies before Wayne is 21
years old, Daniel wants his friend Harry, to look
after the house until Wayne reaches 21 years
old.
D Emily has been in hospital and has been very ill The area of law is
after an operation. She thinks that the doctor …………………………
was negligent and that he has made her illness
worse by his actions. She wants to claim
damages.
E Bill has been married to Ruth for 14 years. The area of law is
However, he now wishes to leave Ruth and live ………………………
with Jane. Bill and Ruth cannot decide how to
share their property between them.
F Phillip has received an offer to buy his house, The area of law is
but there is a problem with the exact position of ………………………
the boundary. The buyer’s solicitor must check
this before the contract is signed.
G Elizabeth’s company transports goods from The area of law is
South America to England by ship. However, ………………………
there was a bad storm at sea last week and the
ship carrying the goods sank off the coast of
France.
H David has been using the Internet to send a lot The area of law is
of private e-mails at work and his boss says that ………………………
this is an abuse of the time for which he is paid.
David has been sent home from work on full
pay because his boss is investigating the
situation.

13 Here is a list of some important areas of law. Read what the lawyers say. They
are talking about the work they do. Match the lawyer with the correct area of
law.

a law of contract f employment law

b company law g family law


c land law h immigration law

d law of tort i intellectual property


law
e law of equity and j criminal law
trusts

David: ‘I work in New York. I deal with clients from other countries who want to
come and live here. I help them to get permission from the government to
make their dream of living in the USA a reality.’
Tom: ‘I am with a law firm in Manchester. I am now in the second year of my
training contract. At the moment I deal with clients who are buying or
selling their house. It is my job to make sure everything is correct and that
the sale is valid.’
Jennifer: ‘I work in a very exciting area of law here in Los Angeles. I meet a lot of
writers and musicians and sometimes even people from movie studios! I
protect their rights and make sure that no one can copy their work and
make money from it without their permission.’
Alistair: ‘When I write the story of my life I will call my book, “Robbers,
Murderers and Other Friends of Mine!” I work in Newcastle, which is in
the north of England. I defend people who are in trouble with the police.
They may even go to prison! It is my job to help them.’
Sunitta: ‘I work in Sydney, Australia. I give advice to people who are unhappy
living together and they want a divorce. Sometimes people argue about
money or the care of the children. It’s a difficult area of law and I feel
very sympathetic towards my clients.’
Cory: ‘I work in Chicago. I’m quite famous on TV here in the USA. That’s
because Channel 10 show my advertisement five times every day! I ask
people to call me if they were hurt or were in an accident because
somebody else wasn’t careful enough. If people are not careful, then I’m
afraid they will have to pay damages!’
Kayleigh: ‘I work in Christchurch, New Zealand. Most of my clients have problems
at work. I saw a lady this morning who is going to have a baby. When she
told her boss that she was pregnant, he fired her from her job. That is not
legal in New Zealand and I will help her to do something about it.’
Michael: ‘I work for a very big London law firm. Our clients are banks and other
big businesses. Today I am working on a merger agreement, which means
that two companies are joining together to become one. Yesterday I
advised a new client who wants to start an internet company on the
different ways he can do it.’
Mary: ‘I am based in Dublin, the capital city of Ireland. I see people or
companies who want to make a legal agreement with another person or
company. Today I am dealing with an agreement to deliver goods from
Ireland to the USA. I have to check every word very carefully!’
Polly: ‘I work in a very old and interesting area of law. Today I met a client who
is 70 years old and has no family. When she dies, she wants to put all of
her money into a special fund. Her two friends will use this money to help
pay for a training school for actors and actresses from her home city here
in Liverpool. I explained to her how to do that and I will draft the
necessary legal documents for her.’

HELP DESK
What do these words mean?
to deal with someone or something – to to draft a document – to write a
do business with someone or to take the document
correct action in an area of work
legal – allowed by the law valid – legally correct and acceptable
to have a right – (in intellectual property a divorce – the legal ending of a marriage
law) to have a legal interest in something;
it is yours
robber – a person who steals money or to merge – (in company law) when two
property while using or threatening to use companies join together to form one
violence
goods – things that are produced so that to be based somewhere – to be
they can be sold established somewhere as the main place
where you work or live
fund – an amount of money that a person to fire someone – to dismiss someone
or organization keeps to pay for from a job
something in particular

14 Choose a word or phrase from the box to complete the sentences.

drafting criminal law family law


based in valid goods
the law of equity and trusts the law of tort merged
intellectual property law

1. A lawyer who deals with clients who are in trouble with the police is a
specialist in ………………………………. .
2. Last year my bank ………………………………. with a big German bank and
they are now called European Bank. I think they are the biggest bank in Europe
now!
3. A lawyer who deals with clients who create new inventions such as medicines
or machines, or new artistic works such as books or music, is a specialist in
………………………………. .
4. I spent three hours this morning ………………………………. a contract for
my new client. I think the contract is ready for him to read and sign now.
5. Well, I am from London but I am...................................................Amsterdam at
the moment because I am working for a Dutch company.
6. I want to put some of my money into a fund for the benefit of my
grandchildren, which they will have when they reach the age of eighteen. I need
to see a lawyer who is a specialist in ………………………………. .
7. A lawyer who deals with clients who are divorcing or who have problems over
the care of their children is a specialist in ………………………………. .
8. A lawyer who deals with people who breach their civil duty of care is a
specialist in ……………………………….. .
9. That contract is not ………………………………. because your client has not
signed it.
10. The company delivers ………………………………. all over the United States
by rail and by truck.
Unit 2. CONTRACT LAW

1 Read the text below and then answer these questions.

1. What is necessary for a valid contract to be formed?


2. Which two remedies following a breach of contract are mentioned in the text?
3. What do the essential terms include?
4. What do contracts give both parties?
5. What does the word ‘damages’ mean?
6. When does the breach of contract occur?

Contract law deals with promises


which create legal rights. In most
legal systems, a contract is formed
when one party makes an offer
that is accepted by the other party.
Some legal systems require more,
for example that the parties give
each other, or promise to give each
other, something of value. In common-law systems, this promise is known as
consideration. In those systems, a one-sided promise to do something (e.g. a promise
to make a gift) does not lead to the formation of an enforceable contract, as it lacks
consideration.

When the contract is negotiated, the offer and acceptance must match each other in
order for the contract to be binding. This means that one party must accept exactly
what the other party has offered. If the offer and acceptance do not match each other,
then the law says that the second party has made a counter-offer (that is, a new offer
to the first party which then may be accepted or rejected).

For there to be a valid contract, the parties must agree on the essential terms. These
include the price and the subject matter of the contract.

Contracts may be made in writing or by spoken words. If the parties make a contract
by spoken words, it is called an oral contract. In some jurisdictions certain special
types of contract must be in writing or they are not valid. Examples of contracts to be
made in writing include:
 contracts for the sale of land;
 contracts of guarantee;
 contracts for transfer of shares;
 contracts which must be made by deed, for example a lease for more than three
years.

Contracts give both parties rights and obligations. Rights are something positive
which a party wants to get from a contract (e.g. the right to payment of money).
Obligations are something which a party has to do or give up to get those rights (e.g.
the obligation to do work).

When a party does not do what it is required to do under a contract, that party is said
to have breached the contract. The other party may file a lawsuit against the
breaching party for breach of contract. The non-breaching party (sometimes
called the injured party) may try to get a court to award damages for the breach.
Damages refers to money which the court orders the breaching party to pay to the
non-breaching party in compensation. Other remedies include specific performance,
where a court orders the breaching party to perform the contract (that is, to do what it
promised to do).

A party may want to transfer its rights under a contract to another party. This is called
an assignment. When a party assigns (‘gives’) its rights under the contract to another
party, the assigning party is called the assignor and the party who gets the rights is
called the assignee.

2 Read the text again and decide whether these statements are true or false. If the
statement is false, correct it.

1. In all legal systems, parties must give something of value in order for a contract
to be formed.
2. An offer must be met with a counter-offer before a contract is agreed.
3. Oral contracts are always invalid.
4. The breaching party may go to court to award damages for the breach.
5. If in breach, the court will always force the party to perform the contract.
6. Obligations are something which party wants to get from a contract.
7. Assignment occurs when one party gives its contractual rights to another party.
8. Damages refers to harm done to things.

3 Complete these sentences using the words in the box.

breach counter-offer damages formation


obligations oral contract terms

1. Usually, contract..................................occurs when an offer is accepted.


2. A new offer made by one party to another is called a …………………… .
3. The price and the subject matter of a contract are the essential
…………………… of a contract.
4. A contract which is not in written form but has been expressed in spoken words
is called an …………………… .
5. Under a contract, a party has..................................(that is, certain things it has to
do).
6. When a party does not do what it has promised to do under a contract it can be
sued for..................................of contract.
7. A court can award..................................to the non-breaching party.

4 Match the verbs in the box with the nouns they go with in the text.

accept award breach enforce file


form make negotiate perform reject

1. an offer
2. a contract
3. damages
4. a lawsuit

5 Using the words ‘term’ and ‘terms’. These can be confusing words because they
can have more than one meaning when lawyers use them. Read the explanation
about the meaning of these words and decide which of the four options you need to
complete the sentences below. Then identify which meaning of the word is the
correct one.

TERMS
1 terms: All of the duties and conditions contained in a contract.
e.g. She explained the terms of the contract to her client.
2 terms: Words and expressions.
e.g. A lawyer sometimes uses legal terms that his client might not understand.

TERM
1 term: A single duty or condition contained in a contract. It is sometimes called a
provision.
e.g. There is a term in this contract that forbids you to sell goods in Australia or
New Zealand.
2 term: The duration of a contract.
e.g. The term of this contract is one year from the date of signing.

Example: The term of this contract is one year, commencing on the date of signature.
(term 2)
a Some of the used in this letter are very old-fashioned and lawyers
don’t really use them any more. ( )
b For the entire of this contract the Employee shall not disclose any
confidential information to any third party. ( )
c There is usually a in most commercial contracts dealing with the
jurisdiction of the contract in case of disputes. ( )
d When you sign a contract you agree to all of the that it contains.
( )

Basic principles of forming a contract


The basic principles of contract law in the English system arise from established custom
and rules and are fundamental to all areas of law in practice. Reference is made to these
principles in drafting and interpreting the provisions of any legal agreement, such as a
lease, a loan agreement, a sales agreement, a consultancy agreement, a hire purchase
agreement, a hire contract, or a service contract, etc. The principles of contract law will
determine whether and at what point a binding agreement has been made between the
parties concerned.
Note: The words contract and agreement are interchangeable. For example, a loan
agreement / loan contract.

Formation of a contract requires the presence of four essential elements. They are from
the common law. This is true of all contracts, both written and oral. These elements are
as follows:
 Offer
The contract must contain the basic terms of the agreement and be capable of acceptance
without further negotiation. This does not mean that the initial communication between
parties will in itself constitute an offer. For example, an auction situation, the seller,
known as the vendor, may make an invitation to treat – invite an offer – by setting out the
conditions of sale (for example, when payment will be made) with the exception of the
price. The offer is submitted by the purchaser, who offers to purchase at a specified price
and will usually incorporate the terms of the invitation to treat into his/her offer.
 Acceptance
There must be an unqualified agreement to proceed on the basis set out in the offer and it
must be communicated to the offeror – the person making the offer – in order to be
effective. If the offeree – the person receiving the offer – states that he or she accepts the
offer subject to contract, that is, some variation of the terms, then no contract is formed.
This would be a qualified acceptance, which constitutes a counter offer.
 Consideration
For a contract to be enforceable something of value must be given, for example a price,
even if it is of nominal value, say £1.
 Intention
It is assumed that contracting parties intend to create legal relations, particularly in
commercial circumstances. This is, however, a rebuttal presumption – an assumption that
can be contradicted – if there is contrary evidence.

6 Read the information below about the elements of a contract. Complete the text
below by writing the correct element of a contract after its description.

To form a binding contract according to English law, four elements must be present. The
first of these is where one of the parties makes a proposal to the other party. The proposal
is on absolutely certain terms. For example, ‘I will sell you my car cleaning business on 1
January for £20,000’. This proposal is called an (a) …………………… .
In order to make the contract valid, the parties must exchange something. Each of them
must give something to the other, such as money, work or goods. In the above example,
one party exchanges a car cleaning business in return for £20,000. Each gives something
to the other. If one party promises the other a gift (in return for nothing) then in a
situation like this the parties do not usually have a contract. So, another element of
contract is (b) ……………………
The courts look at the relationship between the two parties. The courts decide if the
parties really want to make things legally binding in this particular situation or not. If I
agree to do some work for my mother or my father did I really mean to make the
agreement legal? Did I have (c)................................?
It is absolutely necessary that a person accepting an offer does not change the terms of
the original offer. For example, if I say, ‘I will buy your car cleaning business. But not
for £20,000 as you ask. I will give you £15,000’, then there is no binding contract
because there was no (d) ……………………

7 Read the following text. It is about consideration in contract law. Choose the
correct word from the text to complete the sentences below.

What is consideration?
Offer and acceptance are not enough to make a contract. There also needs to be two other
elements. They are:
 intention to create a legal relationship, and
 consideration
What is consideration? Consideration is what one party promises to give to, or promises
to do for, the other party. Both parties need to provide consideration to make a contract
valid. There are many precedents in English law where judges decide what is good
consideration and what is not.
Consideration is usually one of the following things:
 a promise to do something
 a promise not to do something in the future (sometimes called forbearance)
 goods
 services
 money
A promise of a gift or of a free service does not usually create a contractual situation
according to English law. This is because one of the parties has not provided
consideration. To make a contract both parties must give something or do something for
the other in a kind of exchange. A lawyer describes this by saying that consideration
must be reciprocal. It must travel in both directions. If consideration is a good thing for a
party and is positive in nature, we say that he or she has gained a benefit. Receiving a
payment of money would be an example of this. However, sometimes the consideration
provided is negative in nature. Let’s imagine an employee agrees in his or her
employment contract not to start a business for two years after the contract terminates.
He or she has promised not to do something in the future. We say that this party has
suffered a detriment.
I promise to tidy a friend’s garden because she is ill. I don’t want to be paid. However, I
am busy and I don’t tidy the garden for her. Is our agreement a contract? No, it isn’t.
Why not? It is not a contract because one of the parties to the agreement has not provided
consideration. Consideration is a fundamental principle of English contract law.

A As well as offer, acceptance and consideration, the parties to a contract need to


have......................................to create a legal relationship.
B To make a legally binding contract both parties must ………………………
consideration.
C To find out what is good consideration for a contract I need to check the relevant
……………………… to see what judges say about it.
D A promise not to do something in the future can be good consideration for a
contract. Lawyers usually call this ……………………… .
E Both parties to the contract must provide consideration, in other words it must be
……………………… .
F If I receive something positive under the contract I gain a ……………………… .
G If I lose something under the contract I suffer a ……………………… .

8 You are now going to read more about contract law. The most important words are
in the key vocabulary below. Decide if the statements after the text are true or
false.

 contrary  under duress  comply with


 contract under seal  enforceable  donation
 sum  void  consent
 capacity to contract  voluntarily  deed
 party in breach  injured party  discharged

In general, businesses are free to enter into whatever contracts they agree between
themselves. However, business contracts must not be contrary to (against) case law or
to Acts of Parliament such as the Unfair Contract Terms Act. If the contents of a
contract, usually called the terms and conditions, do not comply with the law,
meaning they don’t follow the law correctly, then a judge will probably decide that
the contract is void. Void means ‘empty’. It is not an enforceable contract. It is not a
contract that a court will recognize as valid.

It is a general rule that both parties to the contract must have capacity to contract.
This means that when a person signs a contract they must be:
 old enough to consent (say yes) to it;
 not mentally ill;
 not drunk or using drugs.
It is another general rule that both parties must enter into the contract voluntarily.
This means that they must have signed it freely and not under duress (pressure).
A contract may be:
 written;
 oral (spoken);
 in the form of a deed.

A deed is sometimes called a contract under seal. It is a special contract that is legal
even though one of the parties has not provided consideration. A promise of a gift or
donation for example, can be a valid contract if the agreement takes the form of a
deed. An oral contract is binding according to English law. Even if a contract
involves a large sum of money, it is still valid if it is not written.

When a contract comes to an end we say that the contract is discharged. If the
contract is discharged because one of the parties does not fulfill their obligations it is
called a breach. If one party breaches the contract the injured party can sue the party
in breach. The injured party is the claimant and the party in breach is the defendant.

a Acts of Parliament concerning contract law are to protect the True False
public and they do not affect businesses at all.
b If a contract is void it will not be enforceable by a court. True False
c If I sign a contract after drinking a whole bottle of wine and True False
three beers the contract might not be valid.
d In very special circumstances it is possible to have a contract True False
where one of the parties does not provide consideration.
e The injured party and the party in breach are the same person. True False
HELP DESK
What do these words mean?
a principle of law – an accepted idea consideration – the price, in money,
that forms part of the law goods, or some other reward, paid by one
person in exchange for another person
promising to do something, which is an
essential element in the formation of a
contract
condition – something that you have to damages – money awarded by a court as
do in order for something else to happen compensation to a claimant
third party – someone who is not one breach – failure to carry out the terms of a
of the two main parties involved in a contract; failure to obey the law
contract or a particular situation
jurisdiction – legal power over lawsuit – a case brought to a court by a
geographical area or people private person
binding – having the ability to force case law – law established by precedents,
someone to do something that is by the decisions of courts in earlier
similar cases
entire – complete or whole capacity to contract – the ability to enter
into a legally binding agreement, which is
one of the essential elements of a contract
to disclose – to tell relevant – of significance or importance to
a particular situation

9 Choose a word or phrase from the key vocabulary in exercise 8 to complete the
sentences below.

1. You are only 16 years old so you do not have..........................to contract.


2. A contract that is valid even though one of the parties has not provided
consideration usually takes the form of a contract under ………………. .
3. We made an oral contract and even though it involves a very large
………………. of money it does not need to be in writing to be valid.
4. There are various ways in which a contract can be ………………., including
performance of all duties or breach.
5. If a contract is binding then it is...........................by a court.
6. You did not fulfill your obligations under this contract and as the
………………. I have the right to sue you for breach.
7. Did you sign the contract...........................or was it signed under duress?
8. One of the terms of this contract is...........................to the Sale of Goods Act and
the term is therefore not valid.
9. If I promise to make a ………………. to a person or an organization it is a
legally binding contract if the agreement takes the form of a deed.
10. Any private agreement must ………………. with all relevant law, including
Acts of Parliament.

10 Give the English equivalents to the following words and phrases.

Потерпевшая сторона; встречное удовлетворение; отклонить оферту; права и


обязанности; договор за печатью; под давлением; намерение; встречная оферта;
средство правовой защиты; денежная компенсация; имеющий обязательную
силу; переуступка (передача) прав; предмет договора; сторона, нарушившая
условия договора; не имеющий юридической силы; сделка (документ) в особой
письменной форме; прецедентное право; подписать договор; выполнять условия
контракта; существенные условия договора, правопреемник; соответствующий
(относящийся к делу); устный договор; сторона (договора);
договороспособность; закон о продаже товаров; взыскать компенсацию; третье
лицо.
Speaking
With a partner, take turns choosing and explaining one of these terms in your own
words.

o damages o assignee o remedy


o assignor o breaching party o consideration
o injured party o obligations o rights
o void o valid o agreement
o under duress o specific performance o lawsuit

11 There are many types of legal contracts which create a legal relationship
between individuals and between companies and individuals. Link the type of
contract to its description.

Type Description
1 Consultancy agreement a This agreement is used to ensure the
repayment of money borrowed, usually
on monthly instalments.
2 Distribution agreement b This agreement is used where one party
buys goods from the manufacturer and re-
sells them on his own account. He will
however be given the right to use the
manufacturer’s intellectual property
rights.
3 Franchise agreement c This agreement sets out the terms and
conditions on which a business supplies
goods.
4 Loan agreement d This agreement is used where one party
grants to another the right to run a
business in the name of the first party.
Examples include Body Shop and
McDonalds.
5 Manufacturing licence e This is the equivalent of a contract of
agreement employment for directors.
6 Terms and conditions of f This agreement is used where one party is
sale agreement providing services as an independent
advisor to a company.
7 Contract of employment g This agreement should be used where one
party (the licensor) owns intellectual
property rights in respect of a product it
has developed and wishes to license the
manufacture of the product to a third
party.
8 Directors’ service h This is intended to govern the relationship
agreement between a number of shareholders in a
company. The agreement works as a
second layer of protection preventing the
company from being run in a manner
other than has been agreed.
9 Shareholders’ agreement i This contact comes into existence as soon
as a job offer is accepted whether that
offer is oral or in writing.

12 Complete this text with words or expressions from the box.

1. accepted 2. agreement 3. breach 4. consideration 5. contractual


liability
6. damages 7. express 8. implied 9. intention 10. obligations
11. offer 12. reward 13. signed 14. stated 15. sue
16. terms 17. under seal 18. verbally 19. voided 20. writing

A contract can be defined as ‘an..........................between two or more parties to create


legal ……………… between them’. Some contracts are made ‘………………’: in
other words, they are ……………… and sealed (stamped) by the parties involved.
Most contracts are made ……………… or in.............................The essential elements
of a contract are: (a) that an ……………… made by one party should be
……………… by the other; (b) ……………… (the price in money, goods or some
other ………………, paid by one party in exchange for another party agreeing to do
something); (c) the ……………… to create legal relations. The ……………… of a
contract may be ……………… (clearly stated) or ……………… (not clearly
……………… in the contract, but generally understood). A.............................of
contract by one party of their ……………… entitles the other party to ………………
for ……………… or, in some cases, to seek specific performance. In such
circumstances, the contract may be ……………… (in other words, it becomes
invalid).
Unit 3. TORT LAW

1 Complete the definition below using the words in the box.

act damages harm party

Tort: a wrongful 1) ………………. that causes (2)...........................to another person


for which the injured (3) ………………. may request (4) ………………. .

2 Read the text on tort law and answer these questions.

1. According to the text, what are the two main objectives of tort law?
2. An injured party can sue for damages or for an injunction. According to the
text, what types of loss can be compensated by an award for damages?
3. What does the term injunction mean?
4. Which specific torts are mentioned in the text?
5. What are the three general categories of torts?
6. What are the differences between tort law and criminal law?
7. When are punitive damages awarded?
8. What does the term tortfeasor mean?
9. A manufacturer produces a dangerous toy train. What category of tort is this?

A tort is a civil wrong that can be remedied by awarding damages (other remedies
may also be available). These civil wrongs result in harm to a person or property that
forms the basis of a claim by the injured party. The harm cam be physical, emotional
or financial. Examples of torts include medical negligence, negligent damage to
private property and negligent misstatements causing financial loss.
There are many specific torts, such as trespass, assault and negligence. Business
torts include fraudulent misrepresentation, interference in contractual relations
and unfair business practices.

Torts fall into three general categories: intentional


torts (e.g. unfair competition), negligent torts (e.g.
causing an accident by failing to obey traffic rules)
and strict liability torts (e.g. liability for making and
selling defective products).

Why some wrongs are dealt with by tort law (or the law of torts) and others
considered criminal offences is the subject of some debate. However, there are
certainly overlaps between tort law and criminal law. For example, a defendant can be
liable to compensate for assault and battery in tort and also be punished for the
criminal law offence of assault.

Differences between tort law and criminal law include: the parties involved (the state
brings an action in crime, a private individual brings an action in tort); the standard
of proof (higher in criminal law); and the outcomes (a criminal action may result in a
conviction and punishment, whereas an action in tort may result in liability on the
part of the defendant and damages awarded to the claimant).

The primary aims of tort law are to provide relief for the harm suffered and deter
other potential tortfeasors from committing the same harms. The injured person may
sue for both an injunction to stop the tortious conduct and for monetary damages.

Depending on the jurisdiction, the damages awarded will be either compensatory or


punitive. Compensatory damages are intended, as far as it is possible, to put the
victim in the position he or she would have been in had the tort not occurred.
Punitive damages are awarded to punish a wrongdoer. As well as compensation for
damage to property, damages may also be awarded for: loss of earnings capacity,
future expected losses, pain and suffering and reasonable medical expenses.

3 Match the adjectives (1-6) with the nouns (a-f) they collocate with in the text.

1 civil a damages
2 contractual b wrong
3 injured c misrepresentation
4 fraudulent d party
5 medical e relations
6 monetary f expenses

4 Use the collocations you formed in exercise 3 to complete these sentences.

1. While a crime such as murder or shoplifting is a wrong committed against


society, a tort is a.....................................committed against an individual.
2. Torts are handled in the civil courts, where the ……………………... brings an
action against the wrongdoer.
3. In most cases, the injured party is entitled to remedies under the law, such as
……………………... .
4. In medical malpractice cases, the damages awarded to the injured party may
include lost wages and ……………………... .
5. The tort of ……………………... occurs when one of the parties to a contract
makes a false statement about a fact and knows it is not true, and this fact is
acted upon.
6. When a person stops parties from entering into contract, for example, this
person is said to interfere in ……………………... .

5 Read this information about the law of tort. The most important words are in
the key vocabulary below. Decide if the statements that follow are true or false.

 wrong  compensate  negligence  damage


 harm  intention  conduct  liable

The law of tort deals with civil wrongs. A wrong is something that causes harm or
damage to another person. The words ‘harm’ and ‘damage’ have the same meaning.
A person who suffers harm or damage is hurt in some way. This hurt might be
physical in nature, but it might be some other type of hurt, such as causing someone
to lose money. This area of law is based on the following principle. In situations
where I cause harm to another person, I may be liable to compensate him or her that
harm, even in situations when:
 I do not have a contract with that person and
 I did not commit a criminal act against that person.
Let’s say that I am shopping in a large supermarket and an employee of the
supermarket washed the floor five minutes ago. The floor is not completely dry. I do
not know about this. There is no sign to warn me that the floor is wet. I slip on the
floor and hurt my back. I have to go to hospital and I cannot go to work for a month.
This is a situation where I need to make a claim based on the principles of the law of
tort. I am hurt physically and I have perhaps lost money, all because of someone
else’s conduct. Conduct is a more formal word that means behaviour.
The law of tort says that I must not harm another person either because I choose to
harm him or her, or because I was not careful enough. In other words, I am liable for
any harm that I cause to another person either from having intention to cause him, or
from negligence.
How is this area of law different from criminal law or contract law? The answer to
this question is that there is a lot of overlap between the law of tort, contract law and
criminal law. Overlap means that these areas of law include some things that are the
same. However, an important difference between the law of tort and criminal law is
that the main purpose of the law of tort is to compensate people who suffer harm and
not to punish people who caused this harm. An important difference between the law
of tort and contract law is that the law of tort makes us liable to people with whom we
have no previous relationship.

a The law of tort aims to compensate people for different types of harm and not
just physical harm.
b I must have a contract with someone to make a claim against that person under
the law of tort.
c I can only make a claim against someone under the law of tort if that person
hurt me intentionally.
d The main purpose of the law of tort is to punish people who cause harm to
others.
e I can be liable for my actions under the law of tort to someone who was a
complete stranger to me before my conduct hurt that person.

6 Use the correct words from the key vocabulary in exercise 5 to complete the
following sentences.

1. The main idea of the law of tort is not to punish people who do something
wrong but to ……………….. people who suffer because of someone else’s
conduct.
2. I am ………………….. for the harm that I cause to other people, which means
that I have legal responsibility for causing harm.
3. In situations when I deliberately harm another person, I have............................to
harm that person.
4. In situations when I harm another person because I was not careful enough, the
law says that the person can make a claim against me based upon my
……………….. .
5. The word ‘………………..’ means the same as the word ‘harm’. The word
‘damages’, however, is not the plural of this word. ‘Damages’ means financial
compensation for harm or damage suffered.

7 Read this short text that gives you more information about the law of tort.
Answer the questions that follow using a full sentence.

Conduct that causes harm to another person is referred to as a tort. We can describe a
person’s conduct by saying that he or she is guilty of a civil wrong. We can also say
that he or she has committed a tort. Several different types of tort exist in English law.
Lawyers refer to the different types of tort as categories of tort or as the heads of tort.
If someone harms me, I can bring an action in tort. This means that I can sue that
person on grounds that I have suffered harm. If I am successful in this action, I will
receive a remedy from him or her. A remedy is something that compensates me for
my loss or that stops the harm from happening again. The usual remedy for a tort is
damages. The person who is guilty of harming another person is referred to as a
tortfeasor.

a What is a tort?
b What are the heads of tort?
c What does ‘to bring an action in tort’ mean?
d What is a remedy?
e What is the usual remedy for a tort?
f What name do lawyers give to the person who commits a tort?

8 Read this information about the different types of tort that exist in English law.
In each case, decide which is the correct preposition from the two possibilities.
Answer the questions provided after the text.
There are several heads (1) of/to tort in English law. The most important heads are:
 Negligence
 Trespass to land
 Nuisance
 Trespass to the person
 Defamation
To trespass is a general word that means to interfere (2) to/with something or
someone, or to do something that causes harm.
If I want to bring an action (3) against/to a tortfeasor, that person’s conduct must
usually fit (4) on/into one of the heads. However, some areas of tort are constantly
developing. As society changes, the conduct that we regard (5) to/as unacceptable or
harmful changes too.
Lawyers usually divide the heads (6) into/to two categories. These are torts that cause
harm to people and that cause harm to land.

1. What does the verb ‘to trespass’ mean?


2. What are the two types of trespass?
3. Does the law of tort always stay exactly the same?
4. What two categories do lawyers usually divide the heads of tort into?

9 Read the information about the heads of tort that involve causing harm to
people. The most important words are in the key vocabulary below. Complete
the sentences that follow with the correct word from the key vocabulary.

assault libel negligence trespass to the person


battery false imprisonment duty of care slander
defamation

There are three main torts that cause harm to people.


 Trespass to the person means to harm someone in a physical way. To make
someone afraid that I will physically hurt them is the tort of assault. To
actually hurt someone in a physical way is the tort of battery. To keep
someone in a certain place without that person’s permission is the tort of false
imprisonment. All of these torts are known as trespass to the person.
 Defamation occurs when someone makes a negative statement about another
person which harms that person’s reputation. In other words, it means saying or
writing something negative about someone, so that other people think in a more
negative way about that person. Defamation comes in two forms. The tort of
libel is publishing the statement in a permanent form, for example, writing it in
a book. The tort of slander refers to a statement in a form that is not
permanent, for example, saying something in ordinary conversation.
 Negligence occurs when you cause harm to another person because you were
not careful enough. The law of tort says that in situations where you can
anticipate that your conduct is likely to cause harm to another person then you
have a duty to be careful. Lawyers refer to this duty as a duty of care.
Negligence is the most common ground for claimants bringing an action in tort.

1. Julia runs a café in the town centre. Last week one of Julia’s customers burnt
his hand when he touched a very hot plate. Julia did not warn the customer that
the plate was hot. He claims that Julia was not careful enough and that he will
sue Julia on the ground of ……………………. .
2. Julia’s solicitor explained to her that as the owner of a café she has a
……………………. to all of her customers. This means that she has a duty to
make sure that her customers do not suffer any harm in her café.
3. Mary was shopping in a large department store last week. A shop assistant says
that she saw Mary take a necklace from the shop without paying. The manager
of the shop kept Mary in an office for 45 minutes until the police arrived. The
manager did not allow Mary to leave. The police discovered that Mary paid for
the necklace. Mary sued the store on the grounds of ……………………. .
4. Gary was playing football on Saturday. Gary shouted at his friend named Bill
on the other football team. He shouted, ‘I am going to kill you!’ This is not the
tort of ……………………., as Bill did not really believe that Gary intended to
cause him physical harm in this situation.
5. Last year Paul was successful when he sued the police on the grounds of
……………………. . Paul was taking part in a political demonstration when a
policeman kicked him and pushed him for no reason.
6. The head of tort that includes false imprisonment, assault and battery is
……………………. .
7. The head of tort that includes libel and slander is ……………………. .
8. David Boyle was at a party last night. David could not find his wallet, which
contained £200. David accused George Lee of stealing his wallet. David said
that George was ‘a typical thief’, and everyone at the party heard this. David
later found his wallet, which he had left at home. George might sue David on
the grounds of ……………………. .
9. The actress Crystal Benn is suing a major newspaper on the grounds of
……………………. . The newspaper published a story that said Crystal takes
illegal drugs and the story was not true.

10 Read this information about torts that cause harm to land. Fill the gaps in the
text with the correct words from the box below.

objects committed permission grounds


claimants enjoy factory walking

There are two main torts that cause harm to land.


 Trespass to land means to go onto someone’s land without that person’s (a)
………………………. . This might mean (b)...................................on the land
or it might mean staying there permanently. Trespass to land also includes
placing (c) …………………… on another person’s land without that person’s
permission.
 Nuisance means to interfere with a person’s enjoyment of his or her own land.
This means that every individual has a right to (d)....................................being
in his or her own home or on his or her own land without anyone spoiling that
experience. (e) ………………….. who might not be successful in an action for
trespass to land often use this tort as a basis for legal action. Let’s say I have
some beautiful trees in my garden. Near my house is a small (f)
………………….. involved in a manufacturing activity that uses strong
chemicals. These chemicals smell very bad, but in addition to this, the fumes
from the chemicals kill the trees in my garden. The factory owner has not (g)
…………………….. the tort of trespass to land. However, his conduct might
give me the right to take action against him on the (h).............................of
nuisance.

11 Complete the definitions. There is more than one possibility for one of the
answers.

1. ………………… − a breach of duty towards other people generally.


2. ………………… − financial compensation for loss or injury.
3. ………………… − physical or economic harm or loss.
4. ………………… − person who makes a claim.
5. ………………… − making public a statement which harms someone’s
reputation.
6. ………………… − an interference with private property.
7. ………………… − spoken statement which damages someone’s character.
THE DUTY OF CARE
12 Read this information about the duty of care in the tort of negligence. Complete
the sentences that follow by matching the first half of each sentence with the
correct ending.

In the UK and the USA most cases in tort are based upon the tort of negligence. In
order to bring a successful claim against someone for negligence, the claimant must
prove that the defendant was in breach of his or her duty of care. The duty of care is
the duty to make sure that my conduct does not harm anyone.

However, the law is a little more complicated than this. The law of tort says, for
example, that I am liable for
 the things that I do, and also
 the things that I don’t do.

In other words, I can be liable for harming another person because of my actions and I
can also be liable because I fail to do something that a reasonable person would do
under the circumstances. A lawyer will say that I am liable for my acts and also for
my omissions. Omissions are the things that I do not do. For example, when doctors
give patients medicine to treat an illness, and that medicine is dangerous if people
drink alcohol at the same time, the doctors must warn their patients. If the doctors do
not warn the patients, then the doctors omit to tell the patients something important
and that omission can cause harm to the patients. Both statute and the common law
contain rules about the situations in which people are liable for their acts and their
omissions.

Do I have a duty of care to everyone under all circumstances? The answer to this is
‘no’. It is an established common law principle that I am only liable in certain
situations. The main limit upon my liability to others is that the harm that I cause to
another person must be ‘reasonably foreseeable’. Foreseeable means that the results
of my conduct are predictable. For example, a gas company is doing some work in the
street. The men doing the work dig a deep hole. The men then go home at the end of
the day. They do not put a sign anywhere to warn people that the hole is there and
they do not provide a light. A man falls into the hole at nighttime and breaks his leg.
Was the result of the gas company’s omission reasonably foreseeable? The answer to
this is ‘yes’. A reasonable person can anticipate the results of conduct such as this.

How do we know if something is reasonably foreseeable? The test is objective and


not subjective. It does not really matter what the defendant says that he or she was
thinking at the time of the harmful conduct. The common law provides many
principles that come from hundreds of cases about what is foreseeable and what is not
foreseeable.

All of these factors must be considered when we ask the question ‘Is the defendant in
breach of the duty of care?’

A Negligence is …… 1 not to do that particular thing.


B The duty of care is …… 2 predictable. Something that I anticipate
might happen as a result of my conduct.
C Acts are …… 3 things that I actively do.
D Omissions are …… 4 influenced by your own, personal feelings
and opinions when you have to decide
something.
E To omit to do something 5 not being careful enough. It is similar in
means …… meaning to ‘carelessness’.
F Reasonably foreseeable 6 the duty not to harm other people. However,
means …… this duty is limited depending upon the
situation in which the harm is caused.
G Objective means …… 7 not influenced by your own feelings when
you have to decide something.
H Subjective means … 8 things that I do not do.

13 Read the information in exercise 12 again and decide if the following


statements are true or false.

a Negligence is the tort that most legal action under the law of tort is based upon.
b I am not liable for omissions under the law of tort.
c All of the rules about liability under the law of tort come from the common law.
d I do not owe a duty of care to everyone under all circumstances.
e A defendant can always escape liability by saying that he did not personally
foresee the harm that the claimant suffered.

14 Complete the following sentences with the correct prepositions.

1. In the UK the majority of cases are based...........the tort of negligence.


2. I am bringing a claim against my doctor...........negligence.
3. An omission is a failure to do what a reasonable person would do.............the
same circumstances.
4. I am only liable for breaching my duty of care to people..............certain
situations.
5. The test to decide if something is reasonably foreseeable or not is an objective
test, which means it does not matter what the defendant was thinking............the
time when he or she caused the harm.

MORE ABOUT NEGLIGENCE


15 Read this information about some of general principles of the tort negligence.
The most important words are in the key vocabulary below. Match the questions
that follow the text with the answers that are provided.

deterrent remote damage actionable per se compensation


redress proof of damage negligent conduct damages

The rules in the law of tort concerning negligence aim to compensate anyone who
suffers harm. However, these rules have another purpose. They aim to act as a
deterrent against negligent conduct. A deterrent is something that persuades a person
not to behave in a particular way. For example, the idea of prison may act as a
deterrent to a person who considers committing a criminal act. The principles of the
tort of negligence are designed to act as a deterrent against negligent conduct.
Negligent conduct is behaviour that might lead to harm.
However, when a person is guilty of negligent conduct then it may be necessary to
make a claim against that person. A court will look at the evidence and decide if the
claimant is entitled to redress. The verb ‘to redress’ means to correct something that is
unfair, usually by putting the claimant back in the position that he or she was in
before the negligent conduct happened. The noun ‘redress’ has a very similar
meaning to compensation. Redress usually takes the form of damages. Lawyers often
talk about being ‘entitled to redress’. This means being entitled to receive
compensation or damages, lawyers do not say ‘entitled to a redress’.
As we already know, a court first of all considers whether or not the defendant owed a
duty of care to the claimant. If there is no duty of care, then there is no claim. Then
the court considers whether or not the duty of care was breached. If there was a
breach, was the harm that the claimant suffered reasonably foreseeable? If the harm
was not reasonably foreseeable then a lawyer will describe it as remote damage. The
claimant is not usually entitled to redress for remote damage.
Some torts require proof of damage. In other words, the claimant must prove that the
defendant’s conduct caused harm. However, some torts, such as libel, are actionable
per se. If conduct is actionable per se, it means that the claimant does not need to
provide proof of damage. The phrase ‘per se’ is Latin. In English, per se means ‘by
itself’. The fact that the defendant committed the tort is enough for the claimant to be
entitled to redress.

A What is a deterrent? 1 It means the same as compensation.


B What is negligent conduct? 2 It means that the claimant can make a claim
for the thing that happened without any
evidence of actual harm.
C What does redress mean? 3 It is evidence that the claimant actually
suffered real harm, such as physical harm or
loss of money.
D What is remote damage? 4 It is something that is designed to make
people not do a particular thing or not
behave in a particular way.
E What is proof of damage? 5 It is careless behaviour that is likely to cause
harm to another person.
F What does it mean if 6 It is damage that the defendant could not
something is actionable per reasonably foresee.
se?

16 Translate the following words and expressions into English:

Деликт; вмешательство в договорные отношения; гражданский деликт


(правонарушение); критерий доказанности; халатность (неосторожность);
недобросовестные методы ведения бизнеса; потерпевшая сторона; клевета в
устной форме; обязанность соблюдать осторожность; диффамация (клевета);
посягательство на права личности; бездействие; разрешение; отдаленно
косвенные убытки; нанесение побоев; постановление суда; истец; разумно
предсказуемый; подлежащий преследованию в исковом порядке сам по себе;
ответчик; при любых обстоятельствах; моральный ущерб; возмещение убытков
в виде наказания; деликты строгой ответственности.

The ‘McLibel’ case


17 Read the text about a famous case from the law of tort in England. Answer the
questions that follow using a full sentence.

On 15 February 2005, the longest case in English legal history came to an end. The
case lasted for an amazing nine years and six months, the longest case in either
criminal or civil history. There were 313 days of legal argument in court and 20,000
pages of court transcripts, which are the documents that record what happened in
court. 130 witnesses gave oral evidence to the court. This case was based upon the
law of tort.

The case was famous all over the world because of the nickname that people gave to
it. This nickname was ‘the McLibel case’. The claimant in the McLibel case was of
course, McDonald’s, the chain of fast food restaurants. The case was so famous that
the word ‘McLibel’ now appears in some respected English dictionaries.

The facts of the case are as follows. The defendants in this case, Helen Steel and
David Moris, belonged to a group of people who were worried about the environment
and about the way that certain large corporations were behaving in relation to the
environment. The group decided that the best way to tell public about this was to give
out leaflets containing information about the problem. In 1990, Helen and David
stood outside several McDonald’s restaurants in London. They gave leaflets to people
who were in the area. The title of leaflets was ‘What’s wrong with McDonald’s:
Everything they didn’t want you to know’.

The problem was that the leaflets contained some very controversial claims. For
example, the leaflet said that McDonald’s was partly to blame for the destruction of
rainforests. It also claimed that McDonald’s food was unhealthy and eating too much
of this food could give people health problems later in life.

In 1990 McDonald’s issued a claim against Helen and David on the grounds of libel.
The company did not need proof of damage, as libel is actionable per se. The libel
trial started in 1994. There was no judgment until three years later. Helen and David
were found to be guilty of libel. In 1999 Helen and David appealed, but again they
were ordered to pay damages to McDonald’s.

Helen and David refused to pay the damages. They decided instead to appeal to the
European Court of Human Rights in Strasbourg. Two barristers from England
represented Helen and David in Strasbourg. The Strasbourg court made a decision
that changed English law. The court decided that the English courts followed the
correct procedure but that nevertheless, the trial in England was unfair. This was
mainly because Helen and David were poor compared to a big corporation such as
McDonald’s, which meant that they could not pay for an expensive legal team. As a
result of this, Helen and David’s defence was not so well prepared. The court also
ruled that Helen and David’s right to free expression was violated.

The court awarded Helen and David damages of nearly £47,000.

1. How long did the ‘McLibel’ case last?


2. Who was the claimant in this case?
3. Who were the two defendants in this case?
4. What global issue were Helen and David worried about?
5. How did Helen and David tell the public about their worries?
6. What claim did Helen and David make concerning McDonald’s and the
environment?
7. Why did McDonald’s not need proof of damage?
8. What was the decision of the court of first instance?
9. Why did the European Court decide that Helen and David’s defence was not so
well prepared as McDonald’s claim?
10. What other ruling did the European Court of Human Rights give in this case?

Speaking
Choose and explain one of these terms in your own words.

o damages o tortfeasor o defendant


o negligent o be entitled to o nuisance
o claimant o harmful conduct o traffic rules
o slander o duty of care o unfair competition
o heads of tort o trespass to land o legal team
o free expression o libel o false statement
Unit 4. CRIMINAL LAW

A crime is any act, or omission of an act, in violation of a public law. There are many
different crimes, or offences.
Criminology deals with crimes and criminals.

1 How many of offences in the box do you know? Choose four and tell a partner
what you think they are. Then look up any words you do not know in a
dictionary.

battery arson tax evasion armed robbery


bribery burglary joyriding drug trafficking
forgery embezzlement extortion drunk driving
fraud homicide kidnapping insider dealing
rape larceny manslaughter money laundering
stalking theft shoplifting obstruction of justice
assault vandalism domestic violence riot

2 Read the text and answer these questions.

1. How do criminal law cases and civil law cases differ in the way they are
initiated?
2. Name the four most common categories of criminal offence.
3. In what way is the standard of proof different for criminal and civil cases?
4. What is the difference between a felony and a misdemeanor? Does your
jurisdiction make such a distinction?
5. What is a felony? What kinds of felonies do you know?
6. What examples of misdemeanors can you provide?

Criminal law, sometimes (although rarely) called penal law, involves the prosecution
by the state of a person for an act that has been classified as a crime. This contrasts
with civil law, which involves private individuals and organizations seeking to
resolve legal disputes. Prosecutions are initiated by the state through a prosecutor,
while in a civil case the victim brings the suit. Some jurisdictions also allow private
criminal prosecutions.

Depending on the offence and the jurisdiction, various punishments are available to
the courts to punish an offender. A court may sentence an offender to execution,
corporal punishment or loss of liberty (imprisonment or incarceration); suspend the
sentence; impose a fine; put the offender under government supervision through
parole or probation; or place them on a community service order.

Criminal law commonly proscribes – that is, it prohibits – several categories of


offences: offences against the person (e.g. assault), offences against property (e.g.
burglary), public-order crimes (e.g. prostitution) and
business, or corporate, crimes (e.g. insider dealing).

Most crimes (with the exception of strict liability


crimes such as statutory rape1 and certain traffic
offences) are characterized by two elements: a criminal act (actus reus) and criminal
intent (mens rea). To secure a conviction, prosecutors must prove that both actus reus
and mes rea were present when a particular crime was committed.

In criminal cases, the burden of proof is often on the prosecutor to persuade the trier
(whether judge or jury) that the accused is guilty beyond a reasonable doubt of
every element of the crime charged. If the prosecutor fails to prove this, a verdict of
not guilty is rendered. This standard of proof contrasts with civil cases, where the
claimant generally needs to show a defendant is liable on the balance of
probabilities (more than 50% probable). In the USA, this is referred to as the
preponderance of the evidence.

Some jurisdictions distinguish between felonies (more serious offences, such as rape)
and misdemeanours (less serious offences, such as petty theft). It is also worth
noting that the same incident may sometimes lead to both a criminal prosecution and
an action in tort.

1
In many jurisdictions, it is illegal for anyone to have sexual intercourse with a minor. This is a
strict liability crime: the offender will still be guilty of a crime even if he or she believed the partner
was of legal, consenting age.

3 Match the verbs with the nouns they collocate with in the text.

1 commit A a suit
2 secure B a community service order
3 resolve C an offender
4 bring D a verdict
5 place on E a conviction
6 render F a crime
7 sentence G a sentence
8 suspend H a dispute

4 Complete the extract below by using the verbs in the box.

are tried is brought is committed


is committed is fined is punished
is put is resolved was caused
A crime is a wrong which (1) ……………….. against society. The wrongdoer (2)
………………..: he or she (3) ……………….. in prison or (4)............................a sum
of money. A tort, on the other hand, is a wrong which (5)............................against an
individual. The injured party can sue the wrongdoer and receive damages from the
court. Criminal sanctions exist to make society safer to keep people from committing
certain acts. Tort remedies exist to make the injured party whole again for the harm
which (6)............................by the wrongdoer.
A key difference between the two is that a crime requires a criminal intent (mens rea),
whereas a tort can result without intent to cause harm on the wrongdoer’s part.
Crimes (7) ……………….. in the criminal courts. An action (8)............................by a
governmental body against the wrongdoer. A tort, conversely, (9)............................in
the civil courts; the injured party brings an action against the wrongdoer.

5 Here are some crimes. Match the crimes from the left column with their
definitions from the right column. Use a dictionary if necessary.

1 shoplifting A the offence of stealing something from someone


using force or threatening to use force

2 hijacking B illegally trying not to pay tax

3 treason C escape from prison

4 rape D murder

5 manslaughter E the offence of stealing goods from shops, by


taking them when the shop is open and not
paying for them
6 burglary F crime committed by business people or office
workers, e.g. embezzlement, computer fraud or
insider dealings

7 embezzlement G the notifiable offence of killing someone


without having intended to do so, or of killing
someone intentionally but with mitigating
circumstances

8 homicide H a notifiable offence when three or more people


meet illegally and plan to use force to achieve
their aims or to frighten the public

9 assassination I the offence of betraying one’s country, usually


by helping the enemy in time of war

10 joyriding J the notifiable offence of forcing a person to


have sexual intercourse without their consent

11 tax evasion K the act of using illegally or stealing money


which you are responsible for as part of your
work

12 robbery L harming someone (by obtaining property or


money from him) after making him believe
something which is not true

13 blackmail M the act of showing a lack of respect to a court,


by bad behaviour in court or by refusing to carry
out a court order

14 fraud N the murder of a well-known person

15 forgery O the offence of taking a car without the


permission of the owner and using it to drive
about

16 infanticide P the notifiable offence of getting money from


someone by threatening to make public
information which he or she does not want
revealed or by threatening with violence

17 riot Q the act of taking control of a moving plane, ship,


train, bus or lorry by force

18 kidnapping R the illegal buying or selling of shares by staff of


a company or other persons who have secret
information about the company’s plans

19 white-collar crime S the offence of killing a child, especially the


killing of a child by its mother before it is 12
months old

20 jailbreak T the notifiable offence of taking away a person


by force

21 contempt of court U the crime of making an illegal copy of


something such as a document or banknote to
use as if it were real

22 insider dealing V the crime of going into a building at night,


usually by force, and stealing things

Criminal procedure
6 Imagine that a crime has taken place. Look at sentences 1 – 15 (which explain
what happens next) and rearrange the letters in bold to make words and
expressions. The first letter of each word / expression is in the correct place.
Note that one word is used twice, but with a different meaning.

1. Once the crime has been cedmitomt, it is rotpeder to the police by the vitmic.
2. The police arrive at the sneec of the crime to itsanetiveg what has happened.
3. They look for important cesul and other ecdnevie (for example, fingerprints or
a genetic profile) that will help them to identify the cmirianl.
4. In some cases, they will also try to establish if the modus operandi (a Latin
expression which describes the way in which the cerim was carried out)
matches other crimes in the area.
5. If they have a stupsce who doesn’t have a good iblia, they will then arepnhedp
him*.
6. When he is artsrede, the police will conutia him (in other words, they warn
him that anything he says might be used later in court).
7. He is then taken to the police station, where he is iewervinted by the
iigengstatinv oerfsicf.
8. He is allowed to have a sitocirol present if he wants.
9. If he wants lagle ratprstionneee at this stage, but cannot afford it, the police
must provide it.
10. If, at the end of the interview, the police believe that they have the right man,
they ceragh him with the crime.
11. A stemnttae is prepared, which is signed by all parties present.
12. The ascedcu is then either redseale on bali (in other words, he is allowed to
leave the police station and go home in exchange for a financial ‘deposit’, on
condition that he promises to appear in court when required: if he doesn’t
appear in court, he will lose this deposit and a twrraan will be issued for his
astrre), or he is rdaeedmn in cysodut and locked in a cell to prevent him from
running away.
13. More questioning will probably follow: the police need as much pofor as
possible (anything that is admissible in court will help them to get a
cinonctivo), and they may also be interested in any apcosmiccel who may have
helped their man.
14. The police will also want to talk to any wisestsen who were present when the
crime took place.
15. The next day, the man appears before a metgiasrat in a metgiasrats’ court. If
the police present their csea properly and have followed all the correct
procedures and protocols, he will then be cedmitomt for tirla at a Conwr
Court.

7 Look at the picture. Here you can see the crime clock statistics in the USA.
Work in small groups. Find out some information about crime clock statistics in
the other countries. Present your answers to the other groups to compare the
information.
Law breakers
8 Match each word on the left with the appropriate definition on the right.

1 an arsonist a attacks and robs people, often in the street


2 a shop-lifter b sets fire to property illegally
3 a mugger c is anyone who breaks the law
4 an offender d breaks into houses or other buildings to steal
5 a vandal e steals from shops while acting as an ordinary
customer
6 a burglar f kills someone
7 a murderer g deliberately causes damage to property
8 a kidnapper h steals things from people’s pockets in crowded
places
9 a pickpocket i gets secret information from another country
10 an accomplice j buys and sells drugs illegally
11 a drug dealer k takes away people by force and demands money for
their return
12 a spy l helps a criminal in a criminal act
13 a terrorist m uses violence for political reasons
14 an assassin n causes damage or disturbance in public places
15 a hooligan o hides on a ship or plane to get a free journey
16 a stowaway p takes control of a plane by force and makes the pilot
change course
17 a thief q murders for political reasons or a reward
18 a hijacker r is someone who steals
19 a forger s makes counterfeit (false) money or signatures
20 a robber t is a member of a criminal group
21 a smuggler u steals money, etc. by force from people or places
22 a traitor v marries illegally, being married already
23 a gangster w is a soldier who runs away from the army
24 a deserter x brings goods into a country illegally without paying
tax
25 a bigamist y illegally carries drugs into another country
26 A drug smuggler z betrays his or her country to another state

9 One type of white-collar crime is insider dealing (also known as insider


trading). It refers to the act of trading in securities by people who have
confidential information about a company’s finances or operations. The article
below deals with the first case to be tried under the Financial Services and
Markets Act, a UK Act of Parliament which created a new regulatory body for
the financial services industry. Read through the article below quickly and
answer these questions.

1. What is the profession of the appellant?


2. Which crime was he found guilty of?
3. What did he know about the company in question?
4. How much profit did the appellant make on the sale of the shares?

FSA fines auditor for market abuse


The Financial Services and Markets Tribunal has upheld a Financial Services
Authority (FSA) case against Mr Arif Mohammed, a former Pricewaterhouse Coopers
(PwC) audit manager, who was fined £10,000 for committing market abuse. This is
the first time the market abuse provisions in the Financial Services and Markets Act
2000 (FSMA) have been the subject of a Tribunal decision.

Mr Mohammed bought shares in Delta plc, a London Stock Exchange listed electrical
and engineering services company, based on his knowledge that the company
intended to sell its electrical division. Mr Mohammed became aware of this
confidential information because Delta’s electrical division was an audit client of
PwC, and Mr Mohammed worked on the company’s audit.

In July 2002, Mr Mohammed first became aware of the proposed sale of Delta’s
electrical division. He was told that this information was confidential and not to be
discussed with company officials. Although Mr Mohammed began handing over the
responsibility for elements of Delta’s audit in September 2002, he remained on the
audit team assigned to Delta throughout the period leading up to the disposal
announcement. In particular, Mr Mohammed remained responsible for planning staff
to work on Delta and had reason to know about the sale’s progress because of its
impact on resource planning.

At the end of November 2002, Mr Mohammed was aware that the sale process was
ongoing and was getting close to agreement. Based on this information he purchased
15,000 shares in Delta on 29 November 2002 at 80p each. Delta announced the
disposal on 9 December 2002, and Mr Mohammed sold his shares the following day
at 105p each, making a profit of £3,750.
The Tribunal held that the information Mr Mohammed had about the proposed deal
was sufficient and precise enough to be considered as relevant information according
to the market abuse provisions.

10 Read the article again and decide whether these statements are true (T) or false
(F). If a statement is false, correct it.

1. The case was heard before the European Court of Justice.


2. Mr Mohammed was sentenced to imprisonment for his crime.
3. The defendant was not at all responsible for the audit of the company.
4. He knew about the progress of the planned sale.

11 Find words in the text that mean the same as these underlined words.

1. secret information
2. to buy shares
3. suggested deal
4. the Tribunal decided
5. market abuse laws

Speaking
Discuss these questions in class:

1. What do you think can be done to prevent cases of market abuse (like the one
described above) from occurring?
2. How serious do you think white-collar crime is?
3. Should people who commit business crimes be punished in the same way as
people who commit other crimes?
IDENTITY THEFT
Crimes involving identity theft are becoming increasingly common. Many people
think nothing of giving away personal information, and this can be abused by
criminals. Identity theft is a crime in which an impostor obtains key pieces of
personal identifying information (PII), such as social security numbers and driver’s
licence numbers, and uses them for their own personal gain. This is called ID theft. It
can start with lost or stolen wallets, stolen mail, a data breach, a computer virus,
phishing, a scam or paper documents thrown out by you or a business.
Lawyers can help clients who may be at risk of identity theft by placing a fraud alert
on their credit file, closing bank accounts, filing a police report and checking for more
instances of fraud.

12 There are several common kinds of identity theft. Match the examples (1-6) with
the definitions (a-f).

1 bin raiding A stealing credit/debit card numbers by using a


special storage device when processing cards
(often in order to make illegal copies)
2 skimming B fraudulently gaining access to personal
information from financial institutions,
telephone companies and other sources
3 phishing C taking wallets, mail and other items containing
personal information without permission
4 changing of addresses D pretending to be a financial institution or
company and sending spam or pop-up messages
to get people to reveal personal information
5 stealing E sending someone’s billing statements to another
location by completing a change of address
form
6 pretexting F looking through rubbish for bills or other paper
containing detailed information

13 Read the text to divide it into logical parts. Give the definitions of the words in
bold. Use the vocabulary if necessary.

Organized Crime
In addition to that segment of the population made up of individual criminals acting
independently or in small groups, there exists a so-called
underworld of criminal organizations engaged in
offenses such as organized vice (drugs, prostitution,
pornography, loan-sharking, gambling), cargo theft,
fraud, robbery, kidnapping for ransom, and the
demanding of ‘protection’ payments. (Loan-sharking is lending money at extremely
high rates of interest). In the United States and Canada, the principal source of income
for organized crime is the supply of goods and services that are illegal but for which
there is continued public demand.
Organized crime in the United States is a set of shifting coalitions between groups of
gangsters, business people, politicians, and union leaders. Many of these people have
legitimate jobs and sources of income.

In Britain groups of organized criminals have not developed in this way, principally
because the supply and consumption of alcohol and opiates (a type of drug that
contains opium and makes you want to sleep), gambling, and prostitution remain
legal but partly regulated. This reduces the profitability of supplying such demands
criminally. British crime organizations tend to be relatively short-term groups drawn
together for specific projects, such as fraud and armed robbery, from a pool of
professional criminals. Crime syndicates in Australia deal with narcotics, cargo theft
and racketeering. (Syndicate is a group of people or companies who join together in
order to achieve a particular aim. Racketeering is a dishonest way of obtaining
money, such as by threatening people). In Japan, there are gangs that specialize in
vice and extortion. In many Third World countries, apart from the drug trade, the
principal form of organized crime is black-marketeering, including smuggling and
corruption in the granting of licenses to import goods and to export foreign
exchange. Armed robbery, cattle theft, and maritime piracy and fraud are organized
crime activities in which politicians have less complicity.

14 Read the text again to answer the following questions:

1. What is organized crime engaged in?


2. What do you know about organized crime in the USA and Canada?
3. What do British crime organizations deal with?
4. Crime syndicates in Australia deal with narcotics, cargo, theft and racketeering,
don’t they?
5. What do Japanese gangs specialize in?
6. What can you say about organized crime in many Third World countries?

15 Find the English equivalents for the following words and phrases:

Взаимосвязанный; союз; снотворное средство; легальный; алкоголь; наркотик;


ростовщичество; убеждение; благотворительность; милосердие; преступное
подполье; порнография; гангстерское ростовщичество; выкуп; непрерывный;
преступный синдикат; вымогательство; спекуляция на черном рынке;
иностранная валюта; морское пиратство; соучастие; наличие.

16 Match the words from the left column with their definitions from the right
column.
1 legitimate A a person who lends money in exchange for its
repayment at an interest rate that exceeds the
percentage approved by law and who uses
intimidating methods or threats of force in order
to obtain repayment
2 ransom B to carry on illegal business activities that involve
crimes
3 racketeering C system of trading and converting the currency of
one country into that of another
4 coalition D being in compliance with the law
5 loan shark E the illegal business of buying or selling goods or
currency in violation of restrictions such as price
controls or rationing
6 maritime piracy F to obtain the release of by paying a certain price
7 foreign exchange G an act of robbery or criminal violence at sea
8 black market H an alliance, especially a temporary one, of
people, factions, parties, or nations

17 Fill in the gaps using the necessary words from exercise 13.

1. Paying the...................did not mark the end of the company’s problems.


2. Through deliberate acts or neglect or both, imperial tobacco is facilitating
tobacco smuggling and managing the...................in its products.
3. Killing to make a political, social or religious point can never be accepted as
…………. .
4. And by vouching for Johnny boy with the local …………., Charlie is caught in
a no-win situation with disastrous consequences.
5. If you have been involved in a...................incident.
6. Jordan did not join a US-led …………. that drove Iraqi forces from Kuwait in
1991.
7. Office machinery and services which earn …………. should be allowed to
benefit from investment grants.
8. Federal prosecutors in Brooklyn arrested 27 men on …………. and murder
charges.

18 Decide which sentences are true and which are false. Make the false sentences
true.

1. Crime syndicates in Australia deal with narcotics, cargo theft and racketeering.
2. Organized crime in Britain is a set of shifting coalitions between groups of
gangsters, business people, politicians, and union leaders.
3. In Japan, there are gangs that specialize in fraud and armed robbery, from a pool
of professional criminals.
4. In many Third World countries, apart from the drug trade, the principal form of
organized crime is black-marketeering, including smuggling and corruption in
the granting of licenses to import goods and to export foreign exchange.
5. In the United States and Canada, the principal source of income for organized
crime is the supply of goods and services that are illegal but for which there is
continued public demand.
6. In the USA, there are gangs that specialize in vice and extortion.
7. Armed robbery, cattle theft, and maritime piracy and fraud are organized crime
activities in which politicians have complicity.
Punishment is a penalty imposed by the government on individuals who violate
criminal law. People who commit crimes may
be punished in a variety of ways.

19 Match the following sentence halves to form explanations of punishments which


are available to the courts.

1 When someone is sentenced a they are put in prison for a crime.


to execution,
2 When someone is placed b they are given a period of time when they
on a community service must behave well and not commit any
order, more crimes in order to avoid being sent to
prison.
3 When someone is sentenced c they have to pay an amount of money as a
to imprisonment, punishment for breaking a law.
4 When someone is put on d they are killed as a legal punishment for a
parole, crime.
5 When someone is put e they are released before their prison
on probation, sentence is finished, with the agreement
that they will behave well.
6 When someone is fined, f the court requires an offender to perform
unpaid work in their spare time and to
contribute to their community.

20 Read the text and answer these questions.


1. Is capital punishment humane?
2. Does it influence the crime rate?
3. What are the reasons for capital punishment?
4. What is the phenomenon of death row?

Capital punishment: FOR and AGAINST


The ultimate penalty is death (capital punishment). It is carried out by hanging
(Kenya, for example); electrocution, gassing or lethal injection (U.S); beheading or
stoning (Saudi Arabia) or shooting (China). Although most countries still have a
death penalty, 35 (including almost every European nation) have abolished it; 18
retain it only for exceptional crimes such as wartime offences; and 27 no longer carry
out executions even when a death sentence has been passed. In other words, almost
half the countries of the world have ceased to use the death penalty. The UN* has
declared itself in favour of abolition, Amnesty International actively campaigns for
abolition, and the issue is now the focus of great debate.

Supporters of capital punishment believe that death is a just punishment for certain
serious crimes. Many also believe that it deters others from committing such crimes.
Opponents argue that execution is cruel and uncivilized. Capital punishment involves
not only the pain of dying (James Autry took ten minutes to die of lethal injection in
Texas, 1984) but also the mental anguish of waiting, sometimes for years, to know if
and when the sentence will be carried out. Opponents also argue that there is no
evidence that it deters people from committing murder any more than imprisonment
does. A further argument is that, should a mistake be made, it is too late to rectify it
once the execution has taken place. In 1987, two academics published a study
showing that 23 innocent people had been executed in the United States. Research has
shown that capital punishment is used inconsistently. During a crime wave in China
in the 1980s, cities were given a quota of executions to meet; in a city where there
weren’t very many murders, people convicted of lesser crimes were more likely to be
executed.

In addition, while in some countries young people are not sent to prison but to special
juvenile detention centres, in Nigeria, Iran, Iraq, Bangladesh, Barbados and the
United States children under 18 have been legally put to death.

As the debate about capital punishment continues, the phenomenon of death row
(people sentenced but still alive) increases. In 1999, no one was executed in Japan,
but three people were sentenced to death, bringing the total number of death row to
fifty.

The debate also involves the question of what punishment is for. Is the main aim to
deter? This was certainly the case in the 18th century England when the penalty for
theft was supposed to frighten people from stealing and compensate for inabilities to
detect and catch thieves. Is it revenge or retribution? Is it to keep criminals out of
society? Or is it to reform and rehabilitate them?

*The UN – United Nations (Организация Объединенных Наций)

21 Decide which sentences are true (T) and which ones are false (F). Make the
false sentences true.

1. Many European countries support the idea of capital punishment abolition.


2. 18 countries of the world have abolished capital punishment.
3. Every year a lot of criminals are executed in Japan.
4. Opponents are sure that capital punishment diminishes the percent of violent
crimes.
5. In many countries young offenders are sent to prison.
22 Read the text again and complete the sentences.

1. In ……. capital punishment is carried out by hanging.

a) the USA
b) China
c) Kenya
2. The UN supported ……. .

a) the abolition of capital punishment


b) the death penalty
c) execution by lethal injection
3. In 1987 the American study showed that ……. innocent people were executed in
the USA.

a) 23
b) 18
c) 27
4. In Nigeria, ……. Iraq, Bangladesh, the United States children under 18 have
been legally put to death.

a) Russia
b) Iran
c) Great Britain
5. In ……. the aim of the penalty for theft was to frighten people from stealing.

a) modern England
b) the 18th century England
c) the 18th century Wales
23 Give the English equivalents for the following:

 высшая мера наказания


 через повешение
 отменить казнь на электрическом стуле
 лишение свободы сроком на 2 года
 совершать преступление
 удерживать от совершения кражи
 перевоспитывать преступников
 возмездие за убийство
 месть
 выносить смертный приговор
 отмена смертельных инъекций и обезглавливания
 оправдать невиновного
 казнить
 камера смертников
 центр для содержания под стражей несовершеннолетних
преступников

24 Match the verbs (on the left) with the nouns (on the right), use a dictionary if
necessary.

1 commit A death
2 carry out B a death sentence
3 make C a crime
4 publish D death penalty
5 put to E execution
6 do (smth) in F a study
7 reform G revenge
8 pass H a criminal
9 abolish I a mistake

25 The following sentences are incomplete. Choose one of the words in brackets,
that best completes the sentence.

1. How would you (punish/punishment) somebody for stealing?


2. They support the idea of capital punishment (abolish/abolition) in their country.
3. I don’t believe that the death penalty deters from (commit/committing) violent
crimes.
4. The criminal was sentenced to one year’s (imprisonment/imprison).
5. Some countries don’t carry out (executions/execute).

26 Study the authentic cases given below. Discuss each case in class and decide the
following:

1. Was justice done?


2. If you were the judge, what other facts and circumstances would you like to
know?
3. If you were the judge, would you give a different sentence?
4. Would you give a lighter sentence, or a more severe one?
5. How would you have felt if you had been the victim of the crime?
6. How would you have felt if you had been the defendant?

Manslaughter
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the
trial of Klaus Grabowski, who had murdered her seven-year old daughter. Grabowski
had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta
22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing
him. The defence said she had bought the pistol with the intention of committing
suicide, but when she saw Grabowski in court she drew the pistol and pulled the
trigger. She was found not guilty of murder, but was given six years imprisonment for
manslaughter. West German newspapers reflected the opinion of millions of Germans
that she should have been freed, calling her ‘the avenging mother’.

Crime of passion
Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an
argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with
which he had been preparing the meal, stabbed and killed his wife. He immediately
called for assistance, and readily confessed when the first patrolman appeared on the
scene with the ambulance attendant. He pleaded guilty to manslaughter. The
probation department’s investigation indicated that Lewis was a rigid individual who
never drank, worked regularly, and had no previous criminal record. His thirty-year-
old deceased wife, and mother of three children, was a ‘fine girl’ when sober but was
frequently drunk and on a number of occasions when intoxicated had left their small
children unattended. After due consideration of the background of the offence and
especially of the plight of three motherless youngsters, the judge placed Lewis on
probation so that he could work, support and take care of the children. On probation
Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a
few years later was discharged as ‘improved’ from probation.

Murder
In 1952 two youths in Mitcham, London, decided to rob a dairy. They were
Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they
were disturbed by Sydney Miles, a policeman. Craig produced a gun and killed the
policeman. At that time Britain still had the death penalty for certain types of murder,
including murder during a robbery. Because Craig was under 18, he was sentenced to
life imprisonment. Bently who had never touched the gun, was over 18. He was
hanged in 1953. The case was quoted by opponents of capital punishment, which was
abolished in 1965.

Assault
In 1976 a drunk walked into a supermarket. When the manager asked him to leave,
the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to
stop the fight had his jaw broken. The drunk was fined 10 pounds.

Shoplifting
In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of
stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop.
The case was given enormous publicity. She was fined 75 pounds and had to pay 200
pounds towards the cost of the case. A few days later she killed herself.

Fraud
This is an example of a civil case rather than a criminal one. A man had taken out an
insurance policy of 100,000 pounds on his life. The policy was due to expire at 3
o’clock on a certain day. The man was in serious financial difficulties, and at 2.30 on
the expiry day he consulted his solicitor. He then went out and called a taxi. He asked
the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to
cancel an insurance policy automatically. (It does nowadays.) The company refused
to pay the man’s wife, and the courts supported them.
Unit 5. COMPANY LAW

1 Read the text below, translate it and decide whether these statements are true
(T) or false (F).

1. Under the law, a company and its members are distinct legal personalities.
2. Company members are generally not personally responsible for the money owed
by the company.
3. A company is a group of people which is treated as a legal person.
4. A certificate of incorporation is issued when the relevant documents for
company formation have been filed.
5. The memorandum of association of a company contains regulations relating to
the internal affairs of a company.

Company law is the law which deals with


the creation and regulation of business
entities. The most common forms of
business entity are companies and
partnerships.

A company is a group of people which is


treated as a legal person, with a separate
identity from its shareholding members.
It can own property, enter into contracts, sue others and be sued. This contrasts with a
partnership, which is not considered to be a legal person and is not able to own
property in its own name.

Because of the limited liability of the members of a company for its debts, as well as
its separate personality and tax treatment, the company has become the most
popular form of business entity in most countries in the world.

Companies have an inherent flexibility which can let them grow; there is no legal
reason why a company initially formed by a sole proprietor cannot eventually grow
to be a publicly listed company, but a partnership will generally have a limited
number of partners.

A company has shareholders (those who invest money in it and get shares in return),
a board of directors (people who manage the affairs of the company) and creditors
(those to whom the company owes money). Company law deals with the relationships
between companies and their shareholders, creditors, regulators and third parties.

The process of registering a company is known as company formation. Companies


can be created by individuals, specialized agents, attorneys or accountants. Today, the
majority of companies formed in the UK and the USA are formed electronically. In
the UK, a certificate of incorporation is issued once the company’s constitutional
documents and statutory forms have been filed.

The constitution of a company consists of two documents. The memorandum of


association states the principal object of the company. The second document, the
articles of association, regulates the company’s internal management and
administrative affairs, including matters such as the rights and obligations of
shareholders and directors, conduct of meetings and corporate contracts.

2 Discuss the following questions in class.

1. What does company law deal with?


2. What types of business entity are you familiar with?
3. What are the main differences between a sole proprietor, a partnership and a
publicly listed company?
4. What are creditors?
5. What are shareholders?
6. Which two documents does the constitution of a company consist of?
7. What do you call the process of registering a company?
8. Who can create companies?
9. Where is the principal object of the company defined?

3 Match the adjectives (1-6) with the nouns they commonly collocate with (a-f).

1 limited a party
2 sole b documents
3 third c liability
4 constitutional d funding
5 corporate e company
6 publicly listed f proprietor

4 Use the collocations to complete these sentences.

1. ………………………. is attractive to investors, as it greatly reduces their


personal financial risks.
2. Once you have filed the required statutory forms as well as the
………………………. with Companies House, a certificate of incorporation
will be issued to you.
3. If you decide to form an unincorporated business yourself, you will be what is
known as a ………………………. .
4. The ………………………. on which many researches depend is sometimes
considered ethically problematic.
5. All motor insurance policies now automatically give ……………………….
cover throughout the EU.
6. If a business offers its shares for sale to the general public, it is known as a
………………………. .

5 Complete the sentences below dealing with company law using the verbs in the
box.

enter into owes has invests is manages


makes monitor owns sue serves on own

1. A legal person ……… rights and duties under the law just like a natural person.
2. The board of directors ……… the affairs of the company and ……… company
policy.
3. A company can ……… property, ……… contracts and ……… other persons.
4. A shareholder ……… money by buying shares in a company.
5. A company director ……… the governing board of a corporation.
6. A creditor of a company is a person or entity to whom the company ……… a
debt.
7. Regulators ……… the activities of companies to ensure that they comply with
the law.
8. A sole proprietor ……… a company and ……… personally liable for its debts.

6 Find in the text the English equivalents to the following:

акционер –
ограниченная ответственность –
режим налогообложения –
иметь дело с чем-л., заниматься чем-л. –
совет директоров –
управлять делами компании –
вкладывать деньги −
создание (образование) компании –
учредительный договор −
юридическое лицо –
учредительные документы –
задолженность, долги –
третье лицо –
свидетельство о регистрации (компании) –
обязательные документы, необходимые для регистрации компании –
устав –
индивидуальный (частный) предприниматель –
цель деятельности компании –
присущий, свойственный −

7 You are going to read about roles in company management. Before you read,
discuss with a partner what you know about these roles.

1 a shareholder 2 a director 3 the company secretary

Shareholders – or ‘members’ – of a company are those people who have legal


ownership of a share and appear in the company’s register. These people may not
actually have beneficial ownership, but simply be a ‘nominee’. However, unless
otherwise stated in the company’s articles, only the shareholder himself can exercise
the rights attached to holding his shares. These include the right to vote and to receive
dividends. They also include the ability to enforce rights against the company. It is
the shareholders who own a company, and they control what the company does. They
can appoint and remove directors and change the company’s articles. A shareholder’s
rights are set out in the articles and supported by the Companies Act.

The directors of a company are chosen by the shareholders, and their job is to manage
the company and decide general policy. In smaller companies, directors themselves
choose how long to remain in position, unless they are forced out. In larger
companies, however, it is normal for directors to retire and stand for election annually
at the AGM. This is usually a formality. The law states that all directors of listed
companies should stand for re-election at least every three years. Directors act on
behalf of the shareholders and should never use the company’s assets as they wish. To
this end, their powers to run the company are limited by law and the company’s
constitution. A company will have both executive and non-executive directors. The
difference is that whereas the executive director is employed by the company and
given specific contractual duties, the non-executive director is not an employee and
receives a fee rather than a salary. He is not usually full time and is not involved in
the day-to-day running of the company. Both types of director, however, have the
same legal responsibilities. Certain people, such as the under-sixteens and bankrupts,
are not allowed by law to become directors of a company, but the upper age limit of
70 has recently been removed.

The Company Secretary is the chief administrative officer of a company and is


appointed or removed by the board of directors. He will normally have appropriate
formal qualifications, relevant experience and expertise. He is responsible to the
whole board, not only the Chairman or Chief Executive. The role is very important in
a company, and the duties are wide ranging and can change from one company to
another. Generally, the Company Secretary is responsible for accounting and finance
and dealing with personnel. However, with recent increased interest in corporate
governance, the Company Secretary is now seen as the guardian of the company’s
compliance with both law and best practice. This includes responsibility for
compliance with employment legislation, security of documentation, insurance, etc.
8 Read the text again and decide whether these statements are true or false. If the
statement is false, correct it.

1. People with beneficial ownership have the same rights as shareholders.


2. Directors are answerable to the shareholders.
3. Directors of all companies must stand for re-election every three years.
4. Both executive and non-executive directors are employees of a company.
5. People over 70 can continue to be directors.
6. The Company Secretary is chosen by the shareholders.
7. The Company Secretary is responsible to the Chairman or Chief Executive.
8. It is the Company Secretary’s job to ensure that the company complies with
legislation.

9 Here is a list of the important roles in company management. Match the roles
(1-10) with their definitions (a-j).

1 auditor A person appointed by a shareholder to attend and


vote at a meeting in his/her place when the
shareholder is unable to attend
2 company secretary B director responsible for the day-to-day operation
of the company
3 director C person elected by the shareholders to manage the
company and decide its general policy
4 liquidator D person engaged in developing or taking the
initiative to form a company (arranging capital,
obtaining personnel, making arrangements for
filing corporate documentation)
5 managing director E person appointed by the company to examine the
company’s accounts and to report to the
shareholders annually on the accounts
6 official receiver F company’s chief administrative officer, whose
responsibilities include accounting and finance
duties, personnel administration and compliance
with employment legislation, security of
documentation, insurance and intellectual
property rights
7 promoter G member of the company by virtue of an
acquisition of shares
8 proxy H person who deals with all the financial paperwork
9 receiver I person appointed by creditors to oversee the
repayment of debts
10 shareholder J person appointed by a court, the company or its
creditors to wind up the company’s affairs
11 accountant K officer of the court who commonly acts as a
liquidator of a company being wound up by the
court

10 Match the following titles from the regulations for registration to the extracts
from the details.

Titles
1. What are the articles of association? c
2. Can anyone be a company director?
3. What company types are there?
4. What is the minimum number of officers a
company requires?
5. Who can form a company?
6. Can I choose any name I want for my
company?
7. How do I form a company?
8. What is a registered office?
9. What is a memorandum of association?

Extracts from the details


a One or more persons but a public company or an unlimited company must have
at least two subscribers.
b It is the address of a company to which Companies House letters and reminders
will be sent.
c This document sets out the rules for running the company’s internal affairs.
d By sending a memorandum of association, the articles of association, the details
of the directors and the company secretary, and a statement of legal compliance.
e On condition that you are not:
 an undischarged bankrupt or disqualified by a court from holding a
directorship;
 over 70 years of age.
f This document sets out the company’s name, the address of the company’s
registered office and the object of the company.
g Private companies limited by shares, private companies limited by guarantee,
private unlimited companies, public limited companies.
h You cannot:
 register the same name as another company;
 use certain words;
 use names likely to cause offence.
i Every company must have formally appointed company officers at all times.
A private company must have at least:
 one director;
 one secretary – formal qualifications are not required. A company’s sole
director cannot also be the company secretary.
A public company must have at least:
 two directors;
 one secretary – formally qualified.

Corporate responsibility can broadly be defined as the responsibility a company or


other organization and its directors have to the people they employ, to their customers,
to the people who live in and around their areas of operation and to the local, national
and international environment. While many aspects of corporate responsibility are not
laws in themselves, they may be part of, or become involved in, a legal process.

11 Look at this list of responsibilities (A-R) a company should have for its
employees. Then look at the notes (1-17) about the company RJW Ltd provided
after the list. For each note, decide which responsibility is being ignored or
abused. In some cases, there is more than one possible answer.

A. A company should not discriminate on the grounds of gender, race, class, religion,
disability, etc, when it comes to recruiting staff.

B. A company should ensure that its employees are proportionally representative of


the community in which it is based.

C. A company should ensure that working hours are reasonable and that employees
receive regular breaks.

D. A company should ensure that its employees receive regular paid annual leave
(and also maternity and compassionate leave when required).
E. A company should provide equal pay for work of equal value.

F. A company should pay a sustainable living wage to all of its employees.

G. A company should provide adequate child-care facilities.

H. A company should ensure that there is no physical, sexual or verbal harassment or


abuse of workers.

I. A company should ensure that health and safety rules are applied and closely
followed.

J. A company should not force its employees to have regular health checks, and then
use the results to dismiss the employee.

K. A company should not dismiss an employee on the grounds of pregnancy.

L. A company should allow its employees to organise or join workers’ organizations


that represent their interests.

M. A company should have a grievance procedure that is easy to understand and


open to all employees.

N. A company should provide adequate compensation for accidents and injuries


sustained on its premises.

O. A company should not dismiss or otherwise penalise an employee who refuses to


work overtime.
P. A company should not dismiss or otherwise penalise employees for failing to
reach production targets.

Q. A company should not use indentured, forced or slave labour, or employ anyone
under duress.

R. A company should ensure that an employee is dismissed as a last resort only, and
only after verbal and written warnings.

1. Several factory floor workers have been fired or had their wages reduced for
refusing to stay and work late when needed.

2. Production manager Laurence Bailey broke his wrist when some unsecured panels
fell on it. He is trying to get money out of the company for his injuries. ‘You’re
not getting a penny out of this company’, his boss tells him. ‘It’s your problem,
not ours’.

3. Andrew Kelly is thinking of starting a union for the workers at RJW Ltd. The
Company Director warns him that if he does, he will regretfully have to ‘let him
go’.

4. Manager Maureen Blake is always patting her male PA’s backside and telling him
he has ‘a wonderful body’. He has complained several times, but nothing ever
gets done about it.

5. Susie Roberts, a secretary for RJW Ltd, recently had a baby. She cannot afford a
babysitter while she is at work, so the baby stays with her in the office.
6. RJW Ltd have their main office on the edge of an economically-deprived area
predominantly inhabited by people of West Indian origin. The company prefers to
hire white, male, middle class employees.

7. RJW Ltd has regular, compulsory medical check-ups for its employees. The
company nurse believes that one of the workers, Charlie Higson, drinks a lot
when off duty. She reports this to Charlie’s manager, who then dismisses him.

8. Ron Smith and Emma Addams are sales executives for RJW Ltd. They both have
the same qualifications and the same experience. Mr Smith receives £40,000 a
year and Mrs Addams receives £34,000 a year.

9. Office assistant Tony White thinks his boss treats him badly. He wants to
complain, but has no idea how to go about doing so. Nobody else seems to know
what he should do either.

10. Factory-floor workers at RJW Ltd find it difficult to make ends meet. The cost of
living is rising all the time, and the money they receive has not kept up with the
rate of inflation.

11. Canteen assistant Anne Watkins oversleeps one morning and is two hours late for
work. She has worked for RJW Ltd for 6 months and has never been late before.
The canteen manager sacks her the moment she arrives.

12. Ellie McKenzie, a machine operator for RJW Ltd, works 12 hours a day with only
20 minutes for lunch.

13. Six months ago the company advanced one of its employees some money. When
the employee became ill and was unable to pay back the money, the company
insisted on using his children to work to pay off his debt.
14. Delivery driver Michael Blair is exhausted: he hasn’t had a holiday for two years.
The company says it cannot afford to give him the time off work.

15. Production assistant Richard Mann slipped on some oil on the factory floor, fell
headlong through a glass panel, caught his arm in some unguarded machinery and
was electrocuted by some exposed electrical wires.

16. Factory-floor workers have been told that a new quota system has been put in
place: anyone who does not satisfy this quota will have their salaries reduced.

17. Accountant Audrey Jensen is delighted because she’s just discovered she’s going
to have a baby. Her boss is not so happy: ‘Sorry Audrey, you’re fired’, he says.

12 In this text, complete the first part of each word in bold with the second part of
each word from the box.

act, ainability, ation, cipation, ciples, der, diction,


ding, ent, erse, ervation, ests, grate, grity,
ial, ibute, icity, ified, ilities, ision,
itted, lated, lations, lement, mental, minate, mote,
olve, omic, orce, parency, pect (х2), opment,
ply, porate, rdable, tect, ted, ties, traint, ulate

A company should res , pro and pro national and international human rights
trea , prin and standards, regardless of whether or not these have been rat
by the host state, and regardless of whether or not such standards are legally-bin in
the host state. All companies should reg their behaviour accordingly. A company
should respect the political juris of the host state, but where there are gross human
rights vio by the government of the host state, the company should withdraw its
operations from that state.
A company should com with internationally-recognised labour, health, safety and
environ standards. It should be comm to ensuring that the communities it deals
with and the people it employs are trea with res . It should recognise that its
operations will have a soc , econ and environmental imp on local
communities, and it should inv the community in any major dec -making
process. It should contr to the devel of that community, the pres of local
cultures, the development of social, educational and medical fac and the sust of
the local economy. It should at all times incor the best inter of the community
into its methods of operation, and actively encourage the parti of the community in
its operations.
If a company produces essential food or medical items to sell locally, it should imp
a policy of price res so that these products are affo . It should not charge grossly
inf prices. If the essential products it makes carry a pat , the company should
not enf this if doing so will have an adv effect on the health and wellbeing of
local people.
A company should not discri against, or deni , local communities or individuals
on the basis of race, gen , culture, ethn , religion, class, sexual orient or
disability.
A company should display inte and trans in all its operations at all times.

13 Look at paragraphs 1 – 8 in the boxes, and do the task that accompanies each
one.

Paragraph 1:
Find words in the paragraph below that mean:
1. To make something weaker or less effective
2. People who have invested in and own part of a business, or people who have a
personal interest in how something happens
3. Open and honest about its actions
4. People who own shares in a company
5. Business dealings and other actions
6. To ask someone for something (in this case, for an immoral or unethical purpose)
7. Something which encourages
8. Money offered corruptly to someone to get him to do something to help you
9. Honesty / moral principles

A company should not offer, solicit or accept bribes or any other form of financial
incentive that could undermine its integrity, and for the sake of its shareholders and
other stakeholders it should be transparent in all its accounting and financial
transactions.

Paragraph 2:
This paragraph contains 7 wrong word forms (for example, a verb has been used
instead of a noun, a singular form has been used when a plural form is necessary,
etc.). Identify and correct these words.

A company should be social responsible in its investing, and exercise diligent to


ensure that such investments do not have an adversity affect on human needs and
right. It should be prepared to disclosure any information regarding its investments
when asked to do so.

Paragraph 3:
Complete the paragraph with words or expressions from the first box.
disadvantaged ensure equitableinterest rates policies
predatory profit margins repayment

A company that lends money should avoid practices such as imposing very
high and short periods, especially in situations where people are
particularly financially , and it should that its lending are
, even if this means that they have to reduce their .

Paragraph 4:
This paragraph contains 10 spelling mistakes. Identify and correct each one.

A company should not infrange, copy or otherwise use without permision or


acknoledgement a copywrite, a patient, a tradmark (registreed or otherwise) or
anything else that could be construed as createive or intelectual propperty for
financial gain.

Paragraph 5:
Read this paragraph, then do the task that follows it.

A company should respect the rights of the individual to privacy and freedom from
harassment, intimidation and any other act which could be viewed by the individual
as an invasion of their privacy. In addition to maintaining good public relations with
its customers, suppliers, and other people it works with, a company should also
maintain good relations with its neighbours and people who live in and around its
area of operation.

What is:
 The adjective form of the noun privacy?
 The verb form of the noun harassment?
 The adjective form of the noun intimidation?
 The verb form of the noun invasion?
 The noun form of the verb maintain?
 The verb form of the noun / adjective public?
 The adjective form of the noun neighbours?

14 Read the text below and find the Russian equivalents to the following:

issuance –
capitalization –
authorized share capital –
subscriber –
issued share capital –
share consolidation –
public limited company –
memorandum of association –
securities –
mandatory minimum share capital –
refrain from –
ordinary shares –
preference shares –
in excess of –
pre-emption rights –
entail –
payment of dividends –
marketability –
share subdivision –
performance −
The term capitalization refers to the act of providing capital for a company through
the issuance of various securities. Initially, company capitalization takes place
through the issuance of shares as authorized in the memorandum of association. The
authorized share capital, the maximum amount of share capital that a company can
issue, is stated in the memorandum of association, together with the division of the
share capital into shares of a certain amount (e.g. 100 shares of £1). The
memorandum of association also states the names of the subscribers. The minimum
share capital for a public limited company in Great Britain is £50,000. Issued share
capital, as opposed to authorized share capital, refers to shares actually held by
shareholders. Accordingly, this means that a company may authorize capital in excess
of the mandatory minimum share capital but refrain from issuing all of it until a later
date – or at all.

The division of share capital usually entails two classes of shares, namely ordinary
shares and preference shares. The ordinary shareholder has voting rights, but the
payment of dividends is dependent upon the performance of the company. Preference
shareholders, on the other hand, receive a fixed dividend irrespective of performance
(provided the payment of dividends is legally permitted) before the payment of any
dividend to ordinary shareholders, but preference shareholders normally have no
voting rights. There is also the possibility of share subdivision, whereby, for example,
one ten-pound share is split into ten one-pound shares, usually in order to increase
marketability. The reverse process is, appropriately enough, termed share
consolidation.

Shares in British companies are subject to pre-emption rights, whereby the company
is required to offer newly issued shares first to its existing shareholders, who have the
right of ‘first refusal’. The shareholders may waive their pre-emption rights by special
resolution.
15 Link the phrase on the left to its definition on the right.

1 share capital a If authorized by its articles, a company may


transfer profits to a fund called its ‘capital
redemption reserve’ and use it to issue these
shares to the members in proportion to their
existing holdings.

2 authorized capital b That part of the share capital that the company
has decided will only be called up if the company
is being wound up and for the purposes of it
being wound up.

3 issued capital c The amount of share capital stated in the articles


of association.

4 allotment of shares d That part of the issued capital on which the


company has not requested payment.
5 nominal value e The process by which people become members
of a company.

6 bonus shares f The amount of share capital the company will


have.

7 paid-up capital g The issued capital which has been fully or partly
paid-up by the shareholders.

8 uncalled capital h The excess paid above a share’s nominal value.


9 reserve capital i A company’s authorized share capital is divided
into shares of a symbolic value. The real value of
the shares may change over time, reflecting what
the company is worth, but their symbolic value
remains the same.

10 share premium j The value of the shares issued to shareholders,


i.e. the nominal value of the shares rather than
their actual worth.

Speaking
Work in pairs. You want to set up a company. Decide what your business is going to
be, then change partners. Role-play the conversation about setting up the company,
with your new partner playing the role of your lawyer.
Unit 6. COMMERCIAL LAW

1 Read the text below and decide whether these statements are true (T) or false
(F). If the statement is false, correct it.

1. Commercial law is a general term for a number of diverse areas of the law
which regulate trade and commerce.
2. Contentious work includes the drafting of contracts and advising clients.
3. The Uniform Commercial Code applies to commercial transactions in all of the
member nations of the European Union.
4. The World Trade Organization checks to see if countries follow the trade
agreements they have signed.

Commercial law deals with issues of both private law and public law. It developed
as a distinct body of jurisprudence with the beginning of large-scale trade, and many
of its rules are derived from the practices of traders. Specific law has developed in a
number of commercial fields, including
agency, banking, bankruptcy, carriage of
goods, commercial dispute resolution,
company law, competition law, contract,
debtor and creditor, sale of goods and
services, intellectual property, landlord and
tenant, mercantile agency, mortgages, negotiable instruments, secured
transactions, real-property and tax law.

The work of a commercial lawyer may involve any aspect of the law as it relates to a
firm’s business clients, and the role of the lawyer is to facilitate business clients’
commercial transactions. It is essential for a commercial lawyer to have not only a
good knowledge of a lot of substantive law, but also a thorough understanding of
both contemporary business practices and the particular business needs of each client.

A commercial lawyer may be asked to advise a client on matters relating to both non-
contentious and contentious work. Non-contentious work largely involves advising
clients on the drafting of contracts, whereas contentious work commonly involves the
consequences of breach of contract.

Many jurisdictions have adopted civil codes that contain comprehensive statements of
their commercial law, e.g. the Uniform Commercial Code (UCC), which has been
generally adopted throughout the USA. Within the European Union, the European
Parliament and the legislatures of member nations are working to unify their various
commercial codes.

A substantial amount of commercial law is governed by international treaties and


conventions. The United Nations Commission on International Trade Law
(UNCITRAL) regulates international trade in cooperation with the World Trade
Organization (WTO). The WTO is responsible for negotiating and implementing new
trade agreements, and is in charge of policing member countries’ adherence to these
agreements, which are signed by the majority of the world’s trading nations and
ratified by their legislatures (for example, Parliament in the UK or Congress in the
USA).

2 Look at the areas of activity in commercial law mentioned in the first paragraph
of the text above and answer these questions.

1. Which field deals with the legal rights associated with products of the mind,
such as patents, copyright and trademarks?
2. Which field involves the laws and regulations governing market behaviour,
particularly agreements and practices that restrict free enterprise?
3. Which institution deals with the supply of credit information about business
organisations to other businesses and financial institutions?
4. Which field is concerned with the legal relationships between the shipper (or
owner) of goods, the carrier and the receiver/ consignee of goods?
5. Which field focuses on the laws regulating money paid to the government in
connection with commercial transactions?

3 Choose the correct word or phrase to complete these definitions.

1. ‘Agency’ is the term for the relationship of a person who acts in addition to / on
behalf of / on account of another person, known as the principal.
2. Bankruptcy is when someone cannot pay what they owe / own / won, and all
their property is surrendered to a court-appointed person who liquidates the
property to pay the claims of creditors / owners / debtors.
3. A secured transaction is a loan or credit translation / transaction / termination in
which the lender / loaner / debtor acquires a security interest in certain property
owned by the borrower and has the right to repossess the property if the
borrower cannot pay.
4. Negotiable instruments are documents which represent a right of charge /
payment / credit for a specified sum of money on demand or at a defined time.

4 Match each branch of commercial law provided in the box to the contents it
covers.

Banking Bankruptcy Commercial Law Consumer Credit


ContractsDebtor
Landlord
andand
Creditor
Tenant
Negotiable InstrumentsReal Estate Transactions
Mortgages
Sales Secured Transactions
1. These regulations establish which institutions may Banking
offer credit and debit facilities.

2. This law provides for the development of a plan that


allows a debtor, who is unable to pay his creditors, to
resolve his debts through the division of his assets
among his creditors.

3. This branch of law governs the broad areas of


business, commerce, and consumer transactions.

4. This law regulates how consumers may finance


transactions without having to pay the full cost of the
merchandise at the time of the transaction.

5. This law covers promises that the law will enforce. It


provides remedies if a promise is breached.

6. This law governs situations where one party is unable


to pay a monetary debt to another.

7. This law governs the rental of commercial and


residential property. The basis of the legal
relationship between the parties is grounded in both
contract and property law.

8. This transaction involves the transfer of an interest in


land as a security for a loan or other obligation. It is
the most common method of financing real estate
transactions.

9. These are ‘unconditioned writings’ that promise or


order the payment of a fixed amount of money.
Drafts and notes are the two main categories.

10. The agreement to sell between a buyer and seller is


governed by the general principles of contract law. It
is normally required that three types of contract be in
writing.

11. This branch of law regulates every phase of a


transaction for the sale of goods and provides
remedies for problems that may arise. It provides for
implied warranties of merchantability and fitness.

12. This interest arises when in exchange for a type of


loan a borrower agrees, in a security agreement, that
a lender (the secured party) may take specified
collateral owned by the borrower if he should default
on the loan.

Notice the pronunciation of debt and debtor. In both cases the b is silent.
However, in debit the b is pronounced.

Most companies engaged in international trade make use of commercial agents to


represent them abroad. Commercial agents are typically paid a commission by their
principals, calculated as a percentage of the sale price of the product to the
customer. The relationship between agent and principal is commonly governed by a
commercial agency agreement, and the European Union has sought to harmonise 1 its
member states’ agency laws in order to give agents greater protection.
This text is taken from the introduction to a document written to inform lawyers about
recent changes in the law concerning commercial agency agreements.
1
Harmonisation is the process by which different states adopt the same laws.

5 Read the text and decide whether these statements are true (T) or false (F).

1. Under EU law, a commercial agent is a person who sells goods and services on
behalf of a principal.
2. Agents are generally paid a flat rate; that is, a charge that is the same for
everyone.
3. Principals will often abandon agency agreements once a customer base becomes
established.

1 The role of commercial agents is well known. They act as independent


intermediaries representing their principals in the market. A commercial agent is
defined by EU Directive 86/653 as a person ‘who is a self-employed
intermediary having continuing authority to negotiate the sale or purchase of
goods (but not services) on behalf of his principal or to negotiate and conclude
such transations on behalf of and in the name of his principal…’. They do not
buy products from their principals, but arrange sales directly from their
principals to the customer. For the provision of this service, commercial agents
are typically paid a commission by their principals, calculated as a percentage of
the sale price of the product to the customer.
2 Commercial agency is of particular importance in international trade. It provides
a convenient structure enabling a foreign supplier to penetrate an overseas
market. By using the services of an agent established in the targeted overseas
market, the principal can benefit from the knowledge and local connection of the
agent, avoid the investment and commitment of managerial resources required
by the establishment of a branch or subsidiary and, by taking advantage of the
agent’s services on a commission basis, can effectively test the overseas market
on a ‘no cure, no pay’ basis.
3 But the position of the commercial agent is vulnerable. Because of the agent’s
role as intermediary, the principal necessarily has perfect knowledge of the
customers procured by the agent. As sales volumes build, the temptation for the
principal to circumvent the agent and enter into direct relationships with
customers can often become overwhelming against the background of an
increasing commission bill, often fuelled by repeat orders from the same
customers. It is commonplace, therefore, for the commercial agent to find his
relationship with his principal brought to an end precisely at the moment where
the agent’s efforts have resulted in the establishment of a significant new
customer base for the principal in a new market. In this way, the agent becomes
the victim of his own success and the principal takes advantage of the goodwill
in the principal’s product, created largely as a result of the agent’s efforts.

6 Match these words and phrases rom the text (1-5) with their definitions (a-e).

1 commision a when a payment is only made following a


positive result
2 intermediary b a company which is owned by a parent
company
3 a ‘no cure, no pay’ basis c someone who carries messages between
people who are unable to meet
4 goodwill d payment to someone who sells goods which is
directly related to the amount of goods sold
5 subsidiary e the benefit a business gets from having a good
reputation

7 Translate the following clauses taken from the commercial agency contract into
English.

5. ОПЛАТА АГЕНТСКИХ УСЛУГ


5.1. За оказание агентских услуг Принципалом Агенту выплачивается
вознаграждение в размере 150 000 (сто пятьдесят тысяч) рублей
перечислением на счет Агента. При этом, вознаграждение или часть его
может быть предоставлена Агенту в товарной форме, по желанию Агента.
5.2. Вознаграждение выплачивается Агенту в течение 10 дней после
осуществления выплат по договору, заключенному при содействии
Агента.
5.3. За просрочку выплат Принципал выплачивает Агенту неустойку в размере
0.5 процента от стоимости заключенного при содействии Агента договора
за каждый день просрочки.
7. ОСОБЫЕ УСЛОВИЯ
7.1. Настоящее Соглашение вступает в силу после подписания обеими
Сторонами и действует до «20» декабря 2022 года.
7.2. Все изменения и дополнения к настоящему Соглашению являются
действительными, если они совершены в письменной форме и подписаны
уполномоченными представителями Сторон.
7.3. Ни одна из Сторон не имеет права без письменного согласия другой
Стороны передавать свои права и обязанности по настоящему
Соглашению каким-либо третьим лицам.
7.4. Настоящее Соглашение составлено и подписано в 2 экземплярах, каждый
из которых имеет одинаковую юридическую силу, по одному экземпляру
для каждой Стороны.

8 Read the text quickly and write down another possible title of it. Pay attention
to the key vocabulary in bold.

Banks and Law


The Bank of Russia has responsibility for bank oversight and regulation of 1253
banks that currently operate in the Russian
Federation. Non-bank financial institutions
(NBFIs) are regulated by a number of agencies
along with the Bank of Russia. This oversight
and regulation is expressed in large part
through the granting and revocation of bank
licenses. In addition, the Bank of Russia has
and exercises the right to apply the following sanctions to credit institutions: to
impose a fine, to appoint temporary administration, to ban certain types of licensed
operations, and to require the substitution of officials and the reorganization of the
credit institution. The Bank of Russia also grants licenses to non-bank financial
institutions for the movement of capital. There are 1046 commercial banks authorized
by the Bank of Russia to perform foreign currency transactions.

No specific bank secrecy laws exist relating to the confidentiality of the relationship
between a bank and its customers and their transactions or the reporting of unlawful
activities to law enforcement authorities; however, there is a general article on bank
confidentiality as part of the law on banking activities. The only exception to the
disclosure of this type of information is through the serving of a court order as part of
a criminal investigation. In the event of freezing or confiscation of an account, bank
account information is given to the case arbiter and tax authorities. There are no
limitations as to the types of account information the bank may give to criminal
investigators. This is left up to the discretion of the individual bank. The Bank of
Russia does not have supervisory authority over offshore banks operating outside
Russia that do business with Russians. Examples of this would be banks registered in
Northern Cyprus and the Baltic nations that advertise in Russian newspapers. The
Bank of Russia monitors these banks and provides information to law enforcement
agencies in the event of questionable activities.

There is no legal division of banks into types, such as commercial, savings, etc. The
following financial institutions operate in Russia: banks, currency exchanges,
securities companies, stock brokers, insurance companies, credit card
companies, casinos, real estate companies, and travel agencies.

9 Give the word families of the following words:

responsible 🢣 to response – response – responsive


confident 🢣 ……………………………………………………………….
license 🢣 ……………………………………………………………….
commerce 🢣 ……………………………………………………………….
bank 🢣 ……………………………………………………………….
to operate 🢣 ……………………………………………………………….
to regulate 🢣 ……………………………………………………………….
to express 🢣 ……………………………………………………………….
to authorize 🢣 ……………………………………………………………….

10 Add as many nouns as possible which could be used with the following
adjectives:

questionable ........activities, operations, person, ways, means..............


unlawful ...........................................................................................................
legal .................................................................................................................
temporary .........................................................................................................
commercial ......................................................................................................
current .............................................................................................................

11 Group the following words from the box into a few logical units.

banks commercial banks currency exchanges


credit institutionsfines
non-bank financial institutions
revocation of licenses securities companies stock brokers
sanctions
real estate companies savings banks
credit card companies

Group
1 2 3 4 5
Unit 7. REAL PROPERTY LAW

Property law governs the right of use, control and disposition which a person may
have over personal property and real property.
1 a) What is the difference between personal property and real property?
b) Which of these is considered real property?

an apartment building a car a large outdoor sculpture

a business plan railway tracks farmland

a forest a CD a factory

2 Read the text below and decide whether these statements are true (T) or false
(F). If the statement is false, correct it.

1. A fee simple is an estate of indefinite duration.


2. A life estate can be passed on to the grantee’s heirs.
3. A lease grants exclusive possession of real property for a limited term, but does
not confer title interest in the property.
4. An oral contract for the purchase of real property is usually valid.

Real property can be divided into freehold estates and leaseholds.

Freehold estates are those in which an individual has ownership of land for an
indefinite period of time. It is important to note that
in property law, the term land refers to real estate
(and everything that grows on that real estate), any
improvements to the real estate (e.g. buildings) and
the right to the minerals underneath the land and the
airspace above it. There are generally three types of
freehold estate in English-speaking jurisdictions: the fee simple, the life estate and
the estate pur autre vie. A fourth type of freehold estate, the fee tail, is now largely
obsolete. The transfer of title in land from one person to another is known as the
conveyance.

The most complete, unlimited form of freehold estate is the fee simple, which is
inheritable and lasts as long as the owner (or any subsequent heirs) wants to keep. A
life estate is one in which the individual retains possession of the land for the
duration of his or her life. Although the ownership of a life estate is technically
temporary because it ends when the owner dies, it is treated as complete ownership
(fee simple) for the duration of the person’s life. The estate pur autre vie is similar to
the life estate, but differs in that it is measured by the life of someone other than the
grantee (to whom an interest in the real property is conveyed by a grantor). An
example of an estate pur autre vie would be a landowner who wishes to leave
property to a charity in her will, but to enjoy tax savings during her life. She could
formally donate the property but retain possession during her own life (a life estate)
and specify that she wants someone, e.g. her husband, to be able to remain in the
property should he outlive her (estate pur autre vie).

In common-law jurisdictions, leasehold interests in land are sometimes classified as


personal property, along with tangible property such as goods and chattels.
Leaseholds are property interests of limited duration and are generally created
through a lease – a contract for exclusive possession in return for which the tenant
pays the landlord or landlady a specified rent or compensation. A licence is like a
lease, but is generally for a shorter period of time, usually less than 12 months.
Furthermore, if there is no exclusive possession of the property (as in a hotel room),
then a licence is created, not a lease. A licensee is not granted any title interest in the
land, merely permission to enter it for a specific purpose that would otherwise
constitute a trespass.

The Statute of Frauds is generally applicable to interests in land, requiring that


instruments such as deeds, real-estate sales contracts and certain leases be in
writing to be legally enforceable.

3 Match the sentence halves to complete these definitions relating to instruments


and people in real property law.
Instruments
1 A lease is an instrument a title to a property from one owner to
which grants another.
2 A licence is an instrument b temporary possession of a property
which gives without conferring ownership.
3 A deed is an instrument c the right to use property for a certain
which transfers purpose without conferring either
possession or ownership.

People
4 A tenant is someone who d part or all of a deceased person’s estate.
leases or rents
5 A landlord is someone who e an interest in real property to another.
owns
6 An heir is someone who is f property from a landlord.
entitled to inherit
7 A grantor is someone who g permission to enter another person’s
conveys property temporarily.
8 A grantee is someone who h property, and rents it out or leases it to
acquires others for money.
9 A licensee is someone who i an interest in property from another by
receives deed or other written instrument.

4 Find the English equivalents to the following:

Арендованная недвижимость, владение на правах аренды –


Арендодатель –
Недвижимое имущество –
Собственник –
Наследник –
Закон, запрещающий мошенничество или обманные действия –
Сохранять право собственности –
Передача права собственности –
Недвижимость, находящаяся в безусловной собственности –
Движимое имущество –
Арендатор –
Имущественное право –
Имущество в пожизненном владении –
Договор купли-продажи недвижимости –
Заповедное имущество (в отношении которого установлены ограничения
наследования) –
Материальное имущество –
Получатель лицензии −
Даритель; лицо, передающее право −

5 Choose the correct word to complete each of these five definitons of terms often
used when discussing the purchase of property.

1. A deposit / lien / conveyance is the initial payment you make when buying a
house.
2. The tenancy agreement / property transfer tax / rental income is the money
received from let properties (the money paid by a tenant to a landlord).
3. A(n) mortgage / escrow / easement is an agreement which allows you to borrow
money, especially in order to buy a house or apartment, or the amount of money
itself.
4. The cadastral register / chain of title / capital appreciation is the increase in the
value of an asset.
5. The stamp duty / purchase price / notarial deed is the amount you must pay for
an asset.

6 Complete this advertisement using the words from exercise 5. You will not need
to use all of them.
Buy-to-let in Prague
Why Prague? It is estimated that 50,000 new homes need to be finished annually
until 2024 to meet the current housing shortage in the Czech Republic. The
majority of housing is required in Prague itself, as EU investment continues to
create new jobs.
Typical example of a Prague buy-to-let*:
1) ………………………. €50,000
2) ………………………. (15%) €7,500
3) ………………………. (85%) €42,500
Monthly mortgage payment €246 pcm 3,49% 20-yr repayment
4) ………………………. €291 pcm @ 7% pa (conservative
estimate)
Rent as a % of mortgage 118%

* The above figures are illustrations of what might be achieved. The actual figures
could be higher, or lower. With any property investment, there are risks: interest
rates could rise, property values and rents could fall. It is important to consider the
risks as well as the potential rewards.

Speaking
Discuss these questions.
o Does buy-to-let in Prague look like a good investment?
o Would you consider investing in property in a foreign country? Is it a bargain
for the money?
o What are the uncertainties involved in dealing with foreign markets?

7 Read this article from an online magazine about buying property in Spain and
the questions. For each question, choose the best answer A, B, C or D.
What are the pitfalls of buying property in Spain?
If you’re thinking of buying property in Spain, be aware that the whole process can be
fraught with pitfalls… but that’s only if you fail to take a few sensible precautions.
All too often, foreign buyers plunge headlong into signing on the dotted line without
giving enough consideration to the fine print and a host of factors that need to be
taken into account when purchasing property in a country where the language,
customs and bureaucracy are all unfamiliar.

Bizarrely, many foreigners are still buying Spanish properties without the benefit of
legal advice – even though they would probably never consider being so foolhardly in
their own country. The lure of all that sunshine, cheap wine and easy living just seems
to go to the heads of otherwise fairly level-headed individuals.

Couples will quite happily sign an initial purchase agreement after a weekend
inspection visit financed, or part-funded, by a developer or estate agent. It’s only later
that they realize they were subjected to unacceptably high-pressure (even aggressive)
sales pitches, that the property they’ve committed themselves to is wholly
inappropriate and that the location is entirely unsuitable for their needs.

Agents aren’t normally the kind of people to warn you about the floods, fires and
earthquake damage that your chosen area is particularly prone to. You think we’re
being unnecessarily alarmist? No, these are all problems that can and do occur on a
regular basis in certain parts of Spain, and to be forewarned is to be forearmed.

Fools can rush into a minefield of legal problems in Spain. Many foreigners have
bought properties, only to find the vendor is not the true owner, the property comes
with hefty debts on it or an apartment block is about to be constructed nearby totally
blocking out your much-prized sea view. These things can and do happen on a regular
basis.
Buyers who go for ‘off-plan’ properties (i.e. buying into a development before it has
actually been built) have encoutered all sorts of disasters. Sometimes developers go
bust before the project is completed, sometimes the completion date is long overdue
and the original specifications are not adhered to – you might even find the developer
has already mortgaged the property before you even secured your option to buy!

There are a couple of simple steps you can take to guard against most problems that
arise for foreign buyers. The most important thing is to hire a good, reputable lawyer
who speaks your language and who specializes in the Spanish property market. He or
she will protect you against all the potential legal problems that can arise. The second
thing is to visit your chosen area several times, at different times of the year, before
you commit to buying and, if at all possible, rent a property for at least a few weeks
before you make your final decision.

1. The people who encounter problems buying property in Spain …


A … have often had similar experience in their own countries.
B … usually use the wrong lawyer.
C … would not usually make bad decisions when buying property.
D … don’t consider the legal aspects.
2. Houses in Spain are often sold …
A … through high-powered selling techniques.
B … without being inspected carefully enough.
C … after buyers have paid a small deposit.
D … to buyers who don’t really want the commitment.
3. According to the article, …
A … some reports exaggerate the problems faced by new owners.
B … estate agents and developers sometimes lie about the dangers.
C … buyers are usually made aware of potential problems.
D …it is better for buyers to have more information about possible
dangers.
4. What sort of legal problems can buyers face?
A It is difficult to identify the real owner of the property.
B The buyer cannot sell the property on.
C A search doesn’t reveal future developments.
D The buyer’s level of debt can increase rapidly.
5. When buying uncompleted developments, …
A … buyers should check out the developers’ records.
B … buyers can change their minds regarding building specifications.
C … buyers sometimes need to take out a second mortgage.
D … there’s a risk that the developers may not keep to the deal.
6. When buying property abroad, it’s important to …
A … speak the language.
B … hire a specialist lawyer.
C … do a lot of research.
D … consider renting instead of buying.

8 Match the words in the box to the definitions below.

easement, estate, freehold, heir,


landlord, leasehold, licence,
rent, tenant
1. A type of interest in real property with different degrees of ownership
recognized in law.
2. An estate that is for a fixed period of time.
3. The fullest form of right in land.
4. A person who inherits property on another person’s death.
5. A person who leases land belonging to another person.
6. The money paid by a lessee.
7. A right enjoyed by someone over another’s property; for example, a right of
way.
8. A power or authority passing no interest in the land but merely giving
permission to use the land for a particular purpose.
9. The owner of an estate or interest in property which has been leased to another
party.

9 Word formation. Complete this table.

verb positive adjective negative adjective abstract noun


limit limited unlimited limitation
define definite
unspecified specification
inherit uninheritable
enforce enforcement
applicable application
complete completion
Unit 8. LITIGATION AND ARBITRATION

1 Read the text and decide whether these statements are true (T) or false (F).

1. The term litigation refers only to the hearing or a trial.


2. Mediation differs from arbitration in that the disputing parties are actively
involved in the decision-making process.
3. International arbitration developed in response to the need to settle disputes
involving more than one jurisdiction.
4. Online dispute resolution requires that the disputing parties meet in person with
the arbitrators before a final decision can be made.

If a dispute is not settled by agreement between the disputing parties, it will


eventually be heard and decided by a judge and/or jury in a court. A lawsuit before a
court is commonly referred to as litigation. In fact, litigation includes all stages
before, during and after a trial.

Litigation may be used to resolve a dispute between private individuals, an individual


and a business, or between two businesses. Litigation sometimes involves disputes
between an individual or business and a government agency, or between two
governmental bodies.

In the UK, the majority of pre-trial work is carried out by a solicitor before the case
is passed on to a barrister, who will represent either the claimant or the defendant
during a hearing or a trial. In the USA the same attorney may deal with the case
from the time the client first makes contact through to the trial and enforcement
stages. The steps in between these two stages typically include an attempt to reach a
settlement before and/ or after filing a lawsuit and pleadings, entering the discovery
phase and then proceeding to trial. At the end of a trial, the court will deliver its
judgment and pass an order, which the winning party’s counsel and/or the court may
help the winning party to enforce.

Criminal matters are also considered litigation, and many civil litigation lawyers also
deal with criminal cases, as well as some forms of alternative dispute resolution
(ADR).

The term litigation is sometimes used to distinguish lawsuits from ADR methods
such as negotiation, arbitration and mediation. If a case goes to arbitration, the
disputing parties refer it to one or more
impartial referees (the arbitrators,
arbiters or arbitral tribunal); the
parties agree to be bound by the
referees’ decision (e.g. an award for
damages). Arbitration is the main form
of ADR used by businesses. Mediation involves a type of structured meeting with the
disputing parties and an independent third party who works to help them reach an
agreement between themselves. In arbitration, a binding decision is imposed by an
independent third party. With mediation, the role of the third party is to facilitate
negotiation and agreement between the disputing parties.

Arbitration is often used to resolve commercial disputes, particularly those involving


international commercial transactions, and it developed historically alongside
international trade. The arbitral process for resolving disputes under international
commercial contracts is referred to as international arbitration. Arbitration is also
used in some jurisdictions to resolve other types of dispute, such as those involving
employment-related issues.

Recent years have seen the development of online dispute resolution (ODR). ODR
proceedings start with the filing of a claim online, followed by proceedings which
take place over the Internet.
2 Give the English equivalents:

урегулировать спор, разрешить спор −


спорящие стороны −
большая часть досудебной работы −
представлять истца или обвиняемого на судебном заседании −
суд выносит постановление –
международный арбитраж −
методы решения споров без официальных судебных действий –
сторона, выигрывающая спор −
передать на рассмотрение беспристрастных третейских судей −
считаться с решением судьи −
выносить решение, являющееся обязательным для сторон −
способствовать переговорам –
достичь договоренности −

3 Complete the sentences below using the words for parties involved in dispute
resolution from the box.

arbitration tribunal arbitrator barrister claimantcourt


defendant solicitorthird party
disputing parties

1. In litigation, the ……………. files a lawsuit against the.........................Usually,


a ……………. carries out pre-trial work in preparation of the case, while a
……………. represents the claimant or defendant in court. When the case has
been heard, the.......................delivers judgment.
2. In arbitration, an independent ……………. or ……………. decides on the
outcome of the case.
3. In mediation, an independent ……………. helps the ……………. reach a
settlement.

4 Match the phases of litigation (1-4) with the descriptions (a-d).

1 pre-trial phase a One or both parties gathers evidence about the


dispute by taking the testimony of witnesses,
examining documents or physical evidence, or
requesting evidence from the other side.
2 discovery phase b The facts of the case are heard by a judge, or by
a judge and a jury. The court delivers a
judgment in the case.
3 trial phase c The losing party may file post-trial motions to
convince the judge to amend the judgment, or
may decide to appeal to a higher court. The
winning party has the task of collecting the
judgment.
4 enforcement phase d When a dispute arises, one party will usually
have their lawyer send a letter to the other party
in an attempt to reach a settlement. This party
makes a demand of the other, who will then
send a response. Informal discussions often
follow. If the parties cannot reach an agreement,
formal action may be started and a suit is filed.

Speaking
Prepare and hold a short talk (two or three minutes) about an aspect of litigation or
arbitration in your jurisdiction. Take notes during other students’ talks, and ask
questions using the active vocabulary.
Dispute resolution
Commercial and business disputes (= arguments / disagreements between two or
more parties) do not necessarily have to be settled in an imposed court case.
Mediation – an attempt by a third party to make two sides in an argument agree – is
often quicker, cheaper, more effective and less stressful for the parties involved.

5 Complete the first part of each word in bold in sentences 1 – 18 with the second
part in the box.

actually ain artial bunal cation closed


ficial
cus dential int gation iator ding
our
lic native itator judice lements tration
sent sion tiations tical
promise
trator ual und untary utions

1. Mediation is one form of what is known as alter dispute resolution (ADR


for short).
2. Mediation is generally preferable to liti because it is normally quicker
and cheaper.
3. Mediation is vol , but requires the con of all the parties
involved before it can go ahead.
4. Mediation is carried out by a neutral, imp third party called a
med .
5. This third party is also sometimes known as a facil .
6. He / she spends time with all the parties involved in jo ses and also
in private meetings (known as ‘cau ’).
7. Any information that the parties provide is confi and cannot be
dis to the other parties.
8. He / she attempts to solve problems and find resol that are prac
and bene to everyone.
9. Unlike a formal court case, nego are in private.
10. Resolutions and sett are based on com and on mut
agreement and acceptance.
11. If no agreement is reached, the parties involved will not be legally bo by
anything that has been discussed.
12. A mediation process is said to be ‘without pre ’, which means that
anything that was said during the mediation cannot be used if there is no
agreement and the case has to go to court.
13. If an agreement is reached and the parties sign a written agreement, this
agreement becomes bin , and the parties are obliged to hon it.
This can then be enforced contr if necessary.
14. Another form of ADR is arbi .
15. This will involve all parties in the dispute appearing before a tri .
16. An arbi is usually an expert in a particular field, and so this form of
dispute resolution may be preferable in disputes where specialist knowledge is
required.
17. However, unlike mediation, this form of resolution involves an adjudi ,
which will probably benefit one side in the dispute more than the other(s).
18. This form of dispute resolution is also less private than mediation (each party is
aware of what the other party is saying about it), and information may end up in
the pub dom .

Alternative Dispute Resolution (ADR) refers to a variety of procedures for the


resolution of disputes. Common to all ADR procedures is the word alternative. Each
ADR procedure is an alternative to court adjudication.

6 Read the following statements about ADR and then answer the true/false
questions below.
 ADR is a voluntary process.
 The various types of ADR are all confidential.
 The mediator is a trained, neutral third party.
 The objective of ADR is to define the interests involved and reach
solutions which are practical and beneficial to all parties.
 ADR is less expensive than litigation.
 ADR is faster than litigation.
 ADR allows the parties to keep the proceedings private.
 All the parties involved in the dispute should attend the ADR
proceedings.
 Ideally ADR should be conducted in a neutral site.

Are the following statements true or false?

1. Anyone can act as a mediator.


2. The proceedings in ADR are slower than in the traditional courts.
3. For ADR to work, all parties must agree to mediation.
4. ADR is usually cheaper than bringing a case to court.
5. The legal representatives of the parties can bring the case before an ADR
tribunal.
6. ADR proceedings are held in a public court.
7. ADR aims to find a solution to a dispute that all parties can benefit from.

7 Complete the following text about arbitration with words from the box.

adjudication arbitration durationarbitratordecision-maker dispute


documentationlitigation hearing
expensive expert forum
needs submissions
The process is similar to the litigation process as it involves ………………. .
However, the parties choose their ………………. and the manner in which the
………………. will proceed. For example, if the ………………. is fairly
straightforward and does not involve any factual questions, the parties may agree to
waive a formal ………………. and provide the arbitrator with written
………………. and ………………. only, called a documents only arbitration.
However, in other cases the parties may wish a full hearing. Therefore, the parties
create their own adjudicatory ………………., which is tailor-made to the particular
………………. of the parties and the nature of the dispute.
The advantages of arbitration over court adjudication can include the following:
 Expertise of the ……………….: The parties can choose an arbitrator who has
………………. knowledge of the law, business or trade in which the dispute
has arisen.
 Low cost: Arbitration is not..........................if the process is kept simple.
 Speed: Arbitration can be arranged within days, weeks or months.
Arbitration does not take as long as litigation.

8 We have seen the noun ‘arbitration’ and the verb ‘arbitrate’. Now complete the
missing words in the table.
Noun Verb
submission submit
litigation
adjudicate
documentation
decision
arrange

Mediation
The most popular form of ADR is mediation. Mediation is a process of dispute
resolution focused on effective communication and negotiation skills.

9 Complete the crossword based on key words associated with mediation.

ACROSS
5 Person who helps things happen.
7 One advantage of mediation – the price.
8 Speak while another is speaking.
10 Bargaining in order to find agreement. (noun)
13 Willingness to provide information.
15 Result of agreement between parties.
17 Mediation is an effective to resolve disputes.
18 Fast. (noun)
19 Having special ability. (adj.)

DOWN
1 The mediator aims to find common .
2 Both sides often have to to reach agreement.
3 The mediator aims to bring the parties to a of the dispute.
4 Both sides must accept these. (2 words)
6 An arbitrator is an third party, who is not biased.
9 Willing.
11 Disagreement.
12 First the mediator learns the of the parties.
14 Outcomes.
16 The mediator must to the details of the dispute.
International commercial arbitration
International commercial arbitration is based on the same principles as domestic
arbitration except it takes place between companies. The International Court of
Arbitration of the International Chamber of Commerce is the arbitration body
attached to the ICC. The function of the court is to provide for the settlement by
arbitration of business disputes of an international character in accordance with the
ICC’s arbitration rules.

10 Below is a summary of the work and workings of the court. Match the
descriptions to the headings.

Headings
1 Function
2 Composition of the Court
3 Plenary Sessions of the Court
4 Appointment
5 Committees
6 Confidentiality
7 Number of Arbitrators
8 Request for Arbitration
9 Answer to the Request

Descriptions
a The work of the Court is of a confidential nature which must be respected by
everyone who participates in that work in whatever capacity. The Court lays
down the rules regarding the persons who can attend the meetings of the Court
and its Committees and who are entitled to have access to the materials
submitted to the Court and its Secretariat.
b Within 30 days from the receipt of the Request from the Secretariat, the
Respondent shall file an Answer.
c The Court does not itself settle disputes. It has the function of ensuring the
application of the Rules of Arbitration.
d The Court may set up one or more Committees and establish the functions and
organization of such Committees.
e The Court shall consist of a Chairman, Vice-Chairmen, and members and
alternate members (collectively designated as members). In its work it is
assisted by its Secretariat (Secretariat of the Court).
f The dispute shall be decided by a sole Arbitrator or by three Arbitrators.
g The Plenary Sessions of the Court are presided over by the Chairman, or, in his
absence, by one of the Vice-Chairmen designated by him.
h A party wishing to have recourse to arbitration under these Rules shall submit
its Request for arbitration to the Secretariat, which shall notify the Claimant and
Respondent of the receipt of the Request and the date of such receipt.
i The Chairman is elected by the ICC Council upon recommendation of the
Executive Board of the ICC.

11 Look quickly at the article below and answer these questions.

 What do you think the word ‘burden’ in the headline means?


 What are the two most common types of litigation?

Litigation burden rises for firms worldwide


According to an annual survey by US lawyers Fulbright & Jaworski, nearly 80% of
UK firms surveyed faced some court proceedings last year. Worldwide, litigation
costs have risen by 25%. US and UK firms faced average litigation costs of $12m and
$1m respectively.

Construction firms face the highest litigation costs worldwide of any industry, with
average expenses of $39m. Insurers have paid out $36m on average, while
manufacturers have incurred costs of more than $14m.

Although the cost of litigation is not as high in the UK as across the Atlantic, the
number of legal actions and their expense is rising fast.

‘Despite the general consensus that the UK is not thought to be as tightly regulated as
the US, UK businesses are experiencing more exposure to regulatory matters,’ said
Lista Cannon, Head of European Disputes at Fulbright & Jaworski. ‘All companies
must ensure they are prepared to address current regulatory issues and anticipate
future regulatory changes.’

The most common sources of litigation are employment and contract disputes. While
arbitration is considered a quicker way of resolving disputes than litigation, most
firms believe there is little difference in terms of cost.

12 Read the text more closely and decide whether these statements are true (T) or
false (F).

1. Average litigation costs for British businesses are 12 times higher than those in
the USA.
2. Building firms have the highest legal expenses worldwide.
3. Most businesses believe that arbitration is cheaper than litigation.

13 Match these words or phrases from the text (1-4) with their definitions (a-d).

1 to incur a a legal restriction imposed by a government


administrative agency
2 to face / to address b a large sum of money which is paid to someone

3 regulation c to experience something, usually something


unpleasant, as a result of actions you have taken
(e.g. costs)

4 payout d to give attention to or deal with a matter or


problem (e.g. court proceedings or litigation
costs)

14 Match the verbs (1-5) with the nouns in the box they collocate with. Some of the
verbs go with more than one noun.

an agreement a dispute a judgment a lawsuit an outcome a settlement

1 to reach
2 to file
3 to deliver
4 to decide on
5 to settle

15 Collocations with ‘dispute’. Use the words in the box to complete the
collocations.

alternative legal resolution resolve/settle parties

1 disputing ………………….
2 to..............................a dispute
3 a...............................dispute
4 …………………. dispute ………………….
Unit 9. INTERNATIONAL LAW

The term international law can include public international law, private international
law and, more recently, supranational law.

1 Read and translate the text below.

International law
In its widest sense, international law can include public international law, private
international law and, more recently, supranational law. In its narrowest meaning,
the term international law is
used to refer to what is
commonly known as public
international law. Private
international law is also referred
to as conflict of laws.
Conflict of laws can also refer
to conflicts between states in
a
federal system, such as the USA.

Public international law is the body of rules, laws or legal principles that govern the
rights and duties of nation states in relation to each other. It is derived from a number
of sources, including custom, legislation and treaties. Article 2 of the Vienna
Convention on the Law of Treaties (1969) defines a treaty as ‘an international
agreement concluded between States in written form and governed by international
law …’. These treaties may be in the form of conventions, agreements, charters,
framework conventions or outline conventions. Custom, also referred to as
customary international law, is another binding source of law and originates from a
pattern of state practice motivated by a sense of legal right or obligation. Laws of war
were a matter of customary law before being codified in the Geneva Conventions and
other treaties.

International institutions and intergovernmental organizations whose members are


states have become a principal vehicle for making, applying, implementing and
enforcing public international law, especially since the end of World War II. The
best-known intergovernmental organization is the United Nations, which develops
new advisory standards, e.g. the Universal Declaration of Human Rights. Other
international norms and laws have been established through international agreements
such as the Geneva Conventions on the conduct of war or armed conflict, as well as
by other international organizations, such as the World Health Organization, the
World Intellectual Property Organization, the World Trade Organization and the
International Monetary Fund.

Private international law refers to the body of rights and duties of private individuals
and business entities of different sovereign states. It addresses two main questions: 1)
the jurisdiction in which a case may be heard, and 2) which laws from which
jurisdiction(s) apply. It is distinguished from public international law because it
governs conflicts between private individuals or business entities, rather than conflicts
between states or other international bodies.

Supranational law, or the law of supranational organizations, refers to regional


agreements where the laws of a nation state are not applicable if in conflict with a
supranational legal framework. At present, the only example of this is the European
Union, which constitutes a new legal order in international law where sovereign
nations have united their authority through a system of courts and political
institutions. The East African Community, currently a customs union in East Africa,
has ambitions to become a political federation with its own form of binding
supranational law by 2010.
2 Answer these questions to the text.

1. What is international law in its widest sense? And its narrowest meaning?
2. What does public international law govern?
3. What are the three main sources of public international law?
4. How is an international treaty defined?
5. What forms may it take?
6. What is the role of international institutions and international organizations
today?
7. What international organizations do you know?
8. What does private international law deal with?
9. Why is it distinguished from public international law?
10. What is meant by a supranational legal framework?

3 Find in the text the English equivalents.

Всемирная торговая организация –


создавать законы посредством международных соглашений –
обычное международное право –
обеспечивать соблюдение законов –
межправительственная организация –
источники международного публичного права –
коллизионное право –
Декларация прав человека –
Всемирная организация интеллектуальной собственности –
заключать региональные соглашения –
находиться в противоречии с наднациональным правом –
международный валютный фонд –
Организация Объединенных Наций –
таможенный союз –
суверенное государство –
правовая база −

4 The text in exercise 1 contains several adjectives formed with prefixes such as
international and intergovernmental. Match these common prefixes (1-8) with
their meanings (a-h).

1 bi- a many
2 inter- b two
3 intra- c above, beyond
4 multi- d not, other than
5 non- e between, among
6 supra- f within, inside
7 super- g across
8 trans- h over and above

5 Match these words with prefixes (1-6) with their definitions (a-f).

1 interagency a neutral, especially towards major powers


2 non-aligned b involving two groups or two countries
3 non-governmental c without any participation or representation
of a government
4 bilateral d within the boundaries of a state
5 multinational e involving several different countries
6 intrastate f involving two or more agencies, especially
government agencies
6 Fill in the words in italics.

supranational, non-governmental, inter-state,


bilateral, customs-union, charter,
legal framework, conflict of laws

1. A …………………… organization is a legally constituted organization created


by private persons or organizations with no participation or representation of
any government.
2. The EU is a …………………… organization that creates, implements and
enforces policies for its members.
3. The International Court of Justice has been criticized for its failure to resolve
…………………… disputes.
4. Russia and Armenia have concluded a …………………… agreement on trade
and economic cooperation.
5. A …………………… is a group of nations who wish to remove customs
barriers between them.
6. …………………… refers to the body of law dealing with disputes between
private persons who live in different jurisdictions.
7. A..................................is, in essence, a broad system of rules.
8. A …………………… is an agreement by which rights are granted to an
international body by the signatory nations to the agreement.

7 Complete the definitions of instruments below using words from the box.

communications, decisions, directives,


recommendations and opinions,
regulations
1. ……………………… are views and preferences expressed by EU institutions,
but they are not binding on the member states.
2. ……………………… are detailed instructions which are applicable throughout
the EU and which are directly binding on the member states, which means that
they become a part of the member state’s national legal system automatically
without the need for separate national legal measures.
3. ……………………… are EU decisions which are binding on the EU
institutions and the member states, but they are only general instructions on the
goal to be achieved; the way the goal is reached is left to the discretion of each
member state.
4. ……………………… are fully binding on those to whom they are addressed (a
member state, a company or an individual). They are based on a specific Treaty
Article and do not require national implementing legislation.
5. ……………………… are published by the Commission and set out the
background to a policy area. They usually indicate the Commission’s intended
course of action in this area.

Speaking
Discuss these questions in class.
o What is the difference between public international law and private
international law? Which bodies or organizations are involved?
o How can a nation state be compelled to obey international law? Can you think
of any examples of a country that has violated international agreements?
o What are the consequences if a private individual or company breaks the laws
of another jurisdiction?

A patent is a monopoly right to make or sell an invention, or an improvement on an


existing invention, for a particular number of years. In this way, the inventor is able to
compensate his or her investment. It is one of the key concepts in intellectual property
law.
Several international treaties have standardized many aspects of intellectual property
law. However, these laws and their enforcement still vary widely from one
jurisdiction to another.

Speaking
Discuss these questions.
o What kinds of conflict of law could result from patent infringement?
o In what ways does a case involving two or more nation states differ from a case
between two parties from the same jurisdiction?

8 Read the online news report quickly and decide which is the best headline (1, 2
or 3).
1) Microsoft patent row continues
2) Microsoft wins AT&T patent battle
3) Microsoft wins AT&T appeal chance

News report
Microsoft has won a long-running case in the US Supreme Court about the reach of
US patent laws.
1) ………………….
AT&T had sued Microsoft, alleging computers using Microsoft’s Windows operating
system had breached its patent in voice-compression software.
2) ………………….
AT&T had said it should be entitled to damages for all Windows-based computers
manufactured outside of the USA.
3) ………………….
The presumption that United States law governs domestically but does not rule the
world applies with particular force in patent law,’ said Justice Ruth Bader Ginsburg.
4) ………………….
9 Complete the above report using these sentences (a-d).

a Microsoft accepted patent violations in the USA, but argued the infringement
should not be extended internationally.
b According to the judges, an earlier ruling by the federal appeals court had gone
too far [and had] applied its test in a way that was too narrow and too rigid.
c But in a 7-1 ruling, the US Supreme Court supported Microsoft’s position.
d The court ruled that Microsoft was not liable in a software patent dispute
involving US telecoms operator AT&T.

10 Find highlighted terms in the report with the following meanings.

1. when you believe that something is true without having any proof
2. controls and directs the public business of a country, city, group of people, etc.
3. incapable of compromise or flexibility
4. given the right to do or have something
5. limited
6. the breaking of a rule or law
7. a decision in a case
8. when the influence of something is expanded
9. a question (or questions) that help a judge reach a decision

11 Read through the text on the sources of public international law and then find
the definitions of the key words.

Public International Law derives its authority from three main sources.
1 Treaties and international conventions are written agreements concluded by two
or more sovereign nations or by a nation and an international organization, such
as the European Union. The power to enter into treaty relations is an essential
attribute of sovereignty. There is a cardinal law of international law that treaties
validly concluded must not be broken by the signatories. This source is also
known as conventional international law.
2 International agreements or conventions create law for the parties of the
agreement. They may also lead to the creation of customary international law
when they are intended for adherence generally and are in fact widely accepted.
Treaties and conventions were, at first, restricted in their effects to those
countries that ratified them. They are particular, not general, international law;
yet regulations and procedures contained in treaties and conventions have often
developed into general customary usage, that is, have come to be considered
binding even on those states that did not sign and ratify them. Some customs
may become part of international law because of general acceptance by most
nations, even if not embodied in a written treaty instrument.
3 General principles common to systems of national law fall into the same
category and are, in fact, often difficult to distinguish from customs as a source
of international law.

1 convention a the customary method of performing or carrying


out an activity that is followed by a particular
group of people

2 sovereign b to give formal approval to something in order that


it can become law

3 conclude c self-governing and not ruled by another state

4 binding d rule

5 treaty e legally required


6 usage f the action of following a rule or keeping to an
agreement

7 custom g legally binding agreement between states


sponsored by an international organization

8 regulation h legally binding agreement between two or more


states

9 adherence i a formal legal document

10 ratify j a long established tradition or usage that becomes


customary law if it is (a) consistently and regularly
observed and (b) recognized by those states
observing it as a practice that they must follow

11 instrument k to make a formal agreement complete and fixed,


especially after long discussions or arrangements

The United Nations


The UN, an intergovernmental organization established in 1945 as the successor to
the League of Nations, is concerned with the maintenance of international peace and
security. Its headquarters are in New York City. On December 10, 1948, the
declaration of Human Rights was issued, defining the civil, political, economic, social
and cultural rights of human beings. Below are extracts from the first 10 articles
(there are 30 in all).

12 Complete the text by choosing the correct word from the box.
charge detention discrimination exile free freedoms law
liberty race punishment remedy rights slavery tribunal

Article 1. All human beings are born............................and equal in dignity and rights.
Article 2. Everyone is entitled to all the rights and ……………….. set forth in this
Declaration, without distinction of any kind, such as ……………….., colour, sex,
language, religion, political or other opinion, national or social origin, property, birth
or other status.
Article 3. Everyone has the right to life,............................and security of person.
Article 4. No one shall be held in............................or servitude, slavery and the slave
trade shall be prohibited in all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or ……………….. .
Article 6. Everyone has the right to recognition everywhere as a person before the
……………….. .
Article 7. All are equal before the law and are entitled without any............................to
equal protection of the law.
Article 8. Everyone has the right to an effective ……………….. by the competent
national tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
Article 9. No one shall be subjected to arbitrary arrest,...............................or
……………….. .
Article 10. Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial ……………….., in the determination of his
……………….. and obligations and of any criminal............................against him.

14 Complete the phrases using the adjectival form of the words in italics.

advise bind custom government enforce intellect


1. ……………….. source of law
2. ……………….. standards
3. ……………….. international law
4. ……………….. practices
5. ……………….. organization
6. ……………….. property rights

15 Complete the sentences using the words in italics.

bilateral inter-state non-governmental supranational

1. Finland and Sweden have concluded a …………………. agreement on


economic co-operation in international emergency situations.
2. A …………………. organization is a legally constituted organization created
by private persons or organizations with no participation or representation of
any government.
3. The International Court of Justice has been criticized for its failure to resolve
…………………. disputes.
4. The EU is a …………………. organization that creates, implements and
enforces substantive policies for its members.

16 Read the text and choose the headings for the paragraphs.

a) Acting together with national governments


b) Main principles of existence
c) Division into disciplines covers different legal aspects
d) Factor of great influence
INTERNATIONAL LAW AS A SUPRANATIONAL LEGAL SYSTEM
The problematic question if the international law can be considered a modern
supranational legal system or it is only the law of international community has been
the topic of discussion during the last decades on different prominent legal levels. On
the one hand, it has all the features of a newly made international legal system, on the
other hand, it doesn’t have the important norm of law – binding execution of adopted
laws by all nations. This text is based on the first point of view.
1)
The law of the international community, or the body of customary rules and treaty
rules accepted as legally binding by states in their relations with each other.
International law differs from other legal systems as it primarily concerns sovereign
political entities. There are three separate disciplines of international law:
a) public international law, which governs the relationship between provinces and
international entities and includes treaty law, law of the sea, international criminal
law, and international humanitarian law;
b) private international law, which addresses legal jurisdiction;
c) and supranational law – a legal framework where countries are bound by regional
agreements in which the laws of the member countries are not applicable when in
conflict with supranational laws. At present the European Union is the only entity
under a supranational legal system.
2)
Modern international law developed alongside the emergence and growth of the
European nation-states beginning in the early 16th century. Other factors that
influenced the development of international law included the revival of legal studies,
the growth of international trade, and the practice of exchanging emissaries and
establishing legations. The sources of International law are set out in Article 38-1 of
the Statute of the International Court of Justice within the UN Charter.
3)
European Union Law – a sub-discipline of international law known as ‘supranational
law’ in which the rights of sovereign nations are limited in relation to one another.
Also referred to as the Law of the European Union or Community Law, it is the
unique and complex legal system that operates in tandem with the laws of the 27
member states of the European Union (EU). Similar to federal states, the EU legal
system ensures compliance from the member states because of the Union’s
decentralized political nature.
4)
The European Court of Justice (ECJ), established in 1952 by the Treaty of Paris, has
been largely responsible for the development of EU law. Fundamental principles of
European Union law include: subsidiary – the notion that issues be handled by the
smallest, lowest, or least centralized competent authority; proportionality – the EU
may only act to the extent needed to achieve its objectives; conferral – the EU is a
union of member states, and all its authorities are voluntarily granted by its members;
legal certainty – requires that legal rules be clear and precise; and precautionary
principle – a moral and political principle stating that if an action or policy might
cause severe or irreversible harm to the public or to the environment, in the absence
of a scientific consensus that harm would not ensue, the burden of proof falls on those
who would advocate taking the action.

17 Find in the text the English equivalents.

нанести серьезный и непоправимый вред –


уникальная и сложная правовая система –
ограничены в отношениях друг с другом –
включало возобновление правовых исследований –
связаны региональными соглашениями –
благодаря децентрализованному политическому характеру –
бремя доказывания возлагается на тех, кто –
законы неприменимы, когда они противоречат наднациональному праву –
управляет правилами, принятыми в качестве обязательных к исполнению
государствами в отношении друг друга −

18 Match the words with their Russian equivalents.

1 primarily concerns a понятие


2 international entity b действует совместно
3 supranational law c в первую очередь касается
4 developed alongside d наднациональное право
5 international trade e международная торговля
6 operates in tandem f субъект международного права
7 subsidiary g добровольный
8 notion h правовая достоверность
9 conferral i предупредительный принцип
10 legal certainty j второстепенный, вспомогательный
11 precautionary principle k развивалось параллельно

19 Read and translate the text below.

THE SYSTEM OF INTERNATIONAL LAW


International Law means principles, rules, and standards that govern nations and
other participants in international affairs in their relations with one another.
International law is the law of the international community. No single nation can
create or modify international law. No statute of one nation or treaty between two
nations can create global obligations. International law is not created, developed, or
abolished by the demand of one country or a small group of countries. It exists as a
result of the common consent and general acceptance of many nations.
Most international law consists of long-standing customs, provisions agreed to in
treaties, and generally accepted principles of law recognized by nations. Some
international law is also created by the rulings of international courts and
organizations.
The rules of international law are generally divided into laws of peace, of war, and of
neutrality. Peace is considered the normal relationship between nations. The laws of
peace define the rights and duties of nations at peace with one another. Each country
has a right to existence, legal equality, jurisdiction over its territory, ownership of
property, and diplomatic relations with other countries. Many of the laws of peace
deal with recognizing countries as members of the family of nations and recognizing
new governments in old nations. War is still recognized under traditional international
law. Warring states are called belligerents. The laws of war provide definite
restrictions on methods of warfare. Under international law, belligerents are forbidden
to move troops across neutral territory. Neutral waters and ports must not be used for
naval operations.
The purposes of international law include resolution of problems of a regional or
global scope (such as environmental pollution or global warming), regulation of areas
outside the control of any one nation (such as outer space or the high seas), and
adoption of common rules for multinational activities (such as air transport or postal
service). International law also aims to maintain peaceful international relations when
possible and resolve international tensions peacefully when they develop, to prevent
needless suffering during wars, and to improve the human condition during
peacetime.
Enforcement of international law is often difficult because nations are sovereign
powers that may put their own interests ahead of those of the international
community. Enforcement may be effectively achieved through the actions of
individual nations, agencies of international organizations such as the United Nations
(UN), and international courts. The United Nations Security Council can authorize
economic sanctions, diplomatic sanctions, or military force to maintain or restore
international peace and security.
International law began as a system governing the relations among sovereign states,
and states have always been the primary legal entities affected by international law.
As the global system has become more complex, however, international law has come
to recognize and regulate international organizations, businesses, nonprofit entities,
and individuals. The emergence of international human rights law and, more recently,
international criminal law reflects the fact that individuals today are direct subjects of
international law in certain respects.

20 Answer the following questions using the information from the text:

1. What is the definition of international law?


2. What is international law aimed at?
3. How is international law implemented?
4. What are the subjects of international law?
5. What is the division of the rules of international law?

21 Complete the following sentences according to the information from the text.

1. International law is the law ………………. .


2. Some international law is also created by ………………. .
3. International law also aims ………………. .
4. Enforcement may be effectively achieved through ………………. .
5. International law began as a system ………………. .
6. The rules of international law are generally divided into laws ………………. .
7. The emergence of international human rights law and, more recently,
international criminal law reflects the fact that individuals today
………………. .
8. Under international law, belligerents are forbidden ………………. .

22 Find in the text and decide from the context what the word could mean, then
choose the appropriate definition.

1 law
A. a custom or practice recognized as binding by a community, esp. as a
result of having been so decreed by the governing authority
B. an aspect of such customs or practices or a body of customs or practices
applicable to a specific group, community
2 statute
A. a law passed by a legislative body and formally placed on record in a
written or printed form
B. the written or printed record of the law
C. an ordinance of some chartered body, corporation
3 ruling
A. an authoritative decision
B. the act of someone who rules
4 principle
A. a law of nature as formulated and accepted by the mind
B. the acceptance of moral law as a guide to behavior
C. a rule by which a person chooses to govern his conduct, often forming
part of a code
D. an essential truth upon which other truths are based

23 Substitute the words in italics with the words from the text.

1. The aims of international law include resolution of problems of a regional or


global scope.
2. International law consists of long-standing customs, provisions agreed to in
different covenants.
3. Enforcement of international law is often difficult because nations are
independent powers.
4. International law is not founded, developed, or abolished by the demand of one
country or a small group of countries.
5. No statute of one nation or treaty between two nations can create global
commitments.
6. Some international law is also created by the rulings of international tribunals
and organizations.

24 Write as many legal expressions with the word ‘international’ as you can and
make up sentences of your own with those expressions.
Unit 10. COMPARATIVE LAW

People who describe and analyze the legal systems of the world divide them into
various categories, or families. Although different classification schemes exist, the
following systems are commonly distinguished: civil law, common law (often
grouped together as Western law), religious law (e.g. Hindu law, Islamic law and
Jewish law), Chinese law and socialist law. In addition, some legal systems can best
be described as mixed (or pluralistic) systems.

1 Read the overview of comparative law below and answer these questions.

1. Why is comparative law growing in importance?


2. What is the HCC, and what is its goal?
3. What is the best-known convention produced by UNIDROIT?
4. What do you think is meant by a mixed system? Do you know any systems that
might belong to this group?
5. Which system does your jurisdiction belong to?
6. What is the legal system of the vast majority of English-speaking jurisdictions?

Comparative law is the study of differences and similarities between different


jurisdictions, including civil-law systems, common-law systems and religious (or
theological) legal systems.

Comparative law has become of increasing practical importance for two reasons.
First, the globalisation of world trade means that commercial lawyers are often
required to work with colleagues and clients from unfamiliar jurisdictions. The
second reason is the increasing harmonisation (or unification) of laws between
previously separate jurisdictions, as with the European Union and the Union of South
American Nations.

Comparative law is closely related to private international law and the harmonisation
of law. Private international law concerns the applicability of laws in situations
involving other jurisdictions. Harmonisation of law developed out of a need to
simplify these rules, both at a national level (e.g. the US Uniform Commercial Code)
and between sovereign states (e.g. EU law).

Another key aspect of comparative law is the idea of uniform law. There are two
main sources of international uniform law: The Hague Conference on Private
International Law (HCC) and the International Institute for the Unification of Private
Law (UNIDROIT). The Hague Conference, a global intergovernmental organisation
with over 60 member states, is the leading organisation in the area of private
international law. An increasing number of non-member states are also becoming
parties to the Hague conventions. The statutory mission of the HCC is to work for the
progressive unification of private international law in a wide range of areas, from
commercial law to international civil procedure and from child protection to matters
of marriage and personal status. This involves finding internationally agreed
approaches to issues such as jurisdiction of the courts, applicable law and the
recognition and enforcement of judgments. UNIDROIT also has about 60 member
states and was established to research the needs and methods for modernising,
harmonising and co-ordinating private, especially commercial, international law. Its
most notable convention is the Uniform Law on the International Sale of Goods,
1964.

2 Explain what is meant by these expressions in your own words.

 applicability of laws
 international civil procedure
 enforcement of judgments
 progressive unification of law

3 Read the extract below and answer these questions.

1. Where did civil law originate?


2. What is the role of precedent in common-law systems?
3. What does the term stare decisis mean?
4. Which two terms are given in contrast to the term unenacted law, in the final
paragraph?

Civil law may be defined as that legal tradition which has its origin in Roman law, as
codified in the Corpus Juris Civilis (the Justinian Code), and as subsequently
developed in continental Europe and
around the world. Civil law is highly
systematized and structured, and relies on
declarations of broad, general principles.

Common law is the legal tradition that


evolved in England from the 11th century
onwards. Its principles appear for the most part in reported judgments, usually of the
higher courts, in relation to specific situations arising in disputes that the courts have
adjudicated. The common law is usually much more detailed in its prescriptions than
the civil law. It is the foundation of private law, not only for England, Wales and
Ireland, but also in 49 U.S. states, nine Canadian provinces, and in most former
colonies of the British Empire (many of which now form part of the Commonwealth
of Nations).

Common-law and civil-law legal traditions share similar social objectives


(individualism, liberalism, and personal rights). Because of this functional similarity,
they are often referred to as the Western law family.

A major difference between common-law and civil-law systems is the heavy reliance
on case law in common-law systems. In such systems, the courts interpret statute law
through the development of case law. Judicial interpretation of statute is binding until
challenged by a higher court. Under the doctrine of stare decisis, lower courts are
compelled to follow decisions rendered in higher courts. Thus, precedent is at the core
of common-law legal systems. Additionally, the courts in common-law systems are
able to develop existing law or legal principles in the gaps left by statute. In arriving
at a decision in a case, a court will first determine whether there are any applicable
statutory provisions. It will then look to see how these provisions have been
interpreted (if at all) in earlier cases, and will apply any binding precedent. If there is
no previous case law on the statute, the court will place its own interpretation on the
statute. If no statutes apply, the court will look to previous case law. In a common-
law system, the legislature can overturn previously developed case law through new
legislation.

Although codified law (mainly in the form of statutes) is paramount in both legal
traditions, it differs in its importance. In civil-law jurisdictions priority is given to
enacted law over unenacted law. Codes provide the core body of law and are
supplemented by decisions in individual cases. Conversely, the opposite is true in the
common-law tradition, in which precedent is the major source of law.

4 Find words in the text that mean the same as the underlined words below. For
each pair of synonyms, say which word is more formal.

1. Although civil law originated in Roman law, it was later developed around the
world, mainly in Europe.
2. The common law concept of stare decisis forces lower courts to accept
decisions of the higher courts.
3. In accordance with the principle of stare decisis, decisions made in higher
courts are binding.
4. In both common law and civil law alike, statutes are of greatest importance,
even though their functions are different.

5 Read the text and decide whether these statements are true or false.

1. Civil law is the most widespread legal system in the world.


2. Approximately 300 countries use civil law nowadays.
3. European continental law and civil law is the name of the same phenomenon.
4. Corpus Juris Civilus is a collection of laws and legal interpretations compiled
in the times of the Roman Emperor Justinian I.
5. The date when the Body of Civil Law was compiled is known precisely.
6. Organizing the law into two written codes is the main feature of civil law
system.
7. One of the main sources of civil law is custom.

Civil Law (Roman-Germanic legal family) is the most widespread type of legal
system in the world, applied in various forms in approximately 150 countries. Also
referred to as European continental law, the civil law system is derived mainly from
the Roman ‘Corpus Juris Civilus’ (Body of Civil Law), a collection of laws and legal
interpretations compiled under the Roman Emperor Justinian I between A.D. 528 and
565.

The major feature of civil law systems is that the laws are organized into systematic
written codes. The main sources of civil law are principally legislation – especially
codifications in constitutions or statutes enacted by governments – and secondarily,
custom. The civil law systems in some countries are based on more than one code.
6 Find in the text the English equivalents.

 основываться на нескольких кодексах –


 наиболее распространенный вид –
 основной источник –
 основная черта –
 римский император –
 называться континентальным правом −

7 Find in the text the words for the following definitions.

1. Laws or written rules which are passed by Parliament and implemented by


courts.
2. An official set of laws or regulations.
3. To come from something, to appear somewhere and then to develop into
something.
4. What someone thinks about the meaning of a law or precedent.
5. Used or enforced in different ways.

Common Law (Anglo-Saxon legal family) is a type of legal system, often


synonymous with ‘English common law’, which is the system of England and Wales
in the UK. It is also in force in approximately 80 countries which were a part of or
greatly influenced by the former British Empire. English common law reflects
Biblical influences as well as systems imposed by early conquerors including the
Romans, Anglo-Saxons, and Normans.

Some legal scholars attribute the formation of the English common law system to
King Henry II (r. 1154-1189). Until the time of his reign, laws customary were
administered locally. Henry II, having established the king’s court, designated that
laws were “common” to the entire England.

The foundation of English common law is ‘legal precedent’ – referred to as ‘stare


decisis’ (Latin), meaning ‘to stand by things decided’. In the English common law
system, court judges are bound in their decisions in large part by the rules and other
doctrines developed by the judges of earlier English courts. These rules were
supplemented or amended over time.

8 Find in the text the English equivalents to the following:

 дополнены и исправлены со временем –


 основа общего права –
 доктрины, созданные судьями –
 ограничены в своих решениях –
 вся Англия –
 некоторые ученые-юристы –
 часто является синонимом –
 приписывают создание системы общего права –
 бывшая Британская империя −

9 Read the text below and answer the questions.

1. What do numbers 50, 900, 450 mean in the text?


2. How are the countries: Iran, Iraq, Kuwait, Qatar, Oman, Saudi Arabia, Bahrain,
United Arabic Emirates called in two words?

RELIGIOUS LAW
Muslim Law – is an autonomous legal system which is of a religious nature and
predominantly based on the Koran. The number of Muslim countries is growing (now
there are more than 50 Muslim states the population of which is about 900 million
people), and the main common feature is not merely spiritual: the Islamic religion
aims to cover all areas of life. Countries belonging to this system are: Saudi Arabia,
Syria, Sudan, Turkey, Tunisia, Algeria, Egypt, Ordain, Iraq, Iran, Pakistan and others.

In its strongest formulation, some Islamic scholars state that law cannot exist outside
religion and therefore the state has no power to legislate. But in practice the religion is
found in countries with very different histories, where formal legal systems differ
much. They vary from the absolute sovereignty of some Gulf states through the
French and Swiss-influenced codes of Egypt and Turkey, the common-law patterns of
Pakistan and India, the Soviet structures of the central Asian republics, to the
revolutionary councils and tribunals of Iran and Libya.

Unrivalled in age, the Hindu law found in India, Nepal, Pakistan, Malaysia and parts
of East Africa is contained in a literature which is vast, complex and seemingly
impossible to summarize. Its laws and customs are derived from sages of the past who
were themselves taught by a creator, it preaches the birth, death and rebirth of living
things, and its precepts cover many more activities than does any secular legal
system. In the countries mentioned, however, it governs only the personal and family
relations and its family law has been codified and much amended, especially in India.
Nonetheless it can affect the lives of some 450 million people.

10 Match the words with their Russian equivalents.

1 common law-patterns a страны Персидского залива


2 death and rebirth b они отличаются от
3 not merely spiritual c светские правовые системы
4 absolute sovereignty d смерть и воскрешение
5 Islamic scholars e не только духовный
6 Gulf countries f по образцу общего права
7 autonomous legal system g оно предписывает
8 it preaches h ученые-теоретики ислама
9 they vary from i отдельная правовая система
10 secular legal systems j абсолютный суверенитет

11 Find in the text the English equivalents.

 основываются на положениях Корана –


 правовые системы Индии и Пакистана –
 закон не может существовать вне религии –
 по образцу общего права –
 не имеет государственной власти –
 религия ислама затрагивает все стороны жизни –
 в своем самом строгом толковании –
 которых обучал сам создатель –
 непревзойденные в веках –
 создавались мудрецами −

12 Agree or disagree with the following statements.

1. Muslim law is based on the Koran.


2. The number of Muslim countries is decreasing.
3. Islamic religion touches upon all spheres of life.
4. In its strongest formulations some Islamic scholars think that state has no power
to legislate.
5. Some Muslim countries are influenced by civil law, others – by common law.
6. It is easy to find roots of Hindu law.
7. It is not difficult to unify its postulates.
8. Its precepts cover as many sides of life as secular systems do.

13 Read the text and answer the questions.

1. When was customary law spread mostly?


2. Where is customary law used?

CUSTOMARY LAW
Customary Law is a type of legal system that serves as the basis of, or has influenced,
present-day laws in approximately 40 countries – mostly in Africa, but some in the
Pacific islands, Europe, and the Middle East. Customary law is also referred to as
‘primitive law’, ‘unwritten law’, ‘indigenous law’, and ‘folk law’. There is no single
history of customary law such as that found in Roman civil law, English common
law, Islamic law, or the Napoleonic Civil Code. The earliest systems of law in human
society were customary, and usually developed in small agrarian and hunter-gatherer
communities.

As the term implies, customary law is based upon the customs of a community.
Common attributes of customary legal systems are that they are seldom written down,
they embody an organized set of rules regulating social relations, and they are agreed
upon by members of the community. Although such law systems include sanctions
for law infractions, resolution tends to be reconciliatory rather than punitive. A
number of African states practiced customary law many centuries prior to colonial
influences. Following colonization, such laws were written down and incorporated to
varying extents into the legal systems imposed by their colonial powers.

14 Find the English equivalents in the text.

 несмотря на то, что такие правовые системы включают положения


 как предполагает сам термин
 может также называться
 служит основой или влияет
 включены в разной степени
 как это может быть обнаружено
 имеют большую тенденцию к мирному решению вопроса, чем к
наказанию
 правила, регулирующие общественные отношения

15 Match the words with their Russian equivalents.

1 written down and incorporated a имеет тенденцию к мирному


решению
2 approximately b общие черты
3 indigenous law c приблизительно
4 folk law d местное (туземное) право
5 human society e народное право
6 hunter-gatherer communities f записанное и включенное
7 common attributes g воплощены в свод правил
8 embody sets of rules h нарушения законов
9 law infractions i человеческое сообщество
10 tend to be reconciliatory j общества, занимающиеся охотой и
собирательством

16 Agree or disagree with the following statements.

1. Most countries have customary law system.


2. Sometimes customary law is called in another way.
3. It is easy to codify because customary law has single history of development.
4. Customary law first appeared in the countries of Africa and Asia.
5. Customary law is based upon previous decisions of courts.
6. It regulates social relations in a number of African and Asian countries.
7. Customary law is the most punitive among other systems of law.
8. Customary law became a part of modern national legislation in postcolonial
period.

Speaking
Choose an aspect of your jurisdiction and explain it to a partner. Where possible,
your partner should contrast that with another aspect of the same legal system or
with the closest equivalent in a foreign jurisdiction. Use the language of describing,
comparing and contrasting during your discussion:
 … is much more detailed than …
 differ in
 while … on the other hand
 a major difference between … is…
 the difference in … can be explained by …
 while the opposite is true
 in both
PROGRESS TEST (Units 1-5)

A Look at the sentences below. Each sentence contains a mistake. The mistake
is either an incorrect word or a word that should not be there. Put a circle
around the word. Do not circle more than one word for each sentence.

1. In the United States they do not difference between two separate kinds of lawyer
because all lawyers are known as attorneys.
2. The law of tort says that everyone must to be careful and not harm other people.
3. When a student finishes his or her legal studies he or she has to make a two-year
training contract with a law firm.
4. I will start my training contract with the Taylor Wallis in September.
5. If we issue a claim against you we will ask for a very high damages.
6. He breached the contract and I will prosecute him in the civil court.

B Here is a brief summary of the law of contract. Complete the texts using the
words in the box.

agreement breach damages illegal oral property signed


capacity consideration fraud obligation performance terms

What is a contract?
It is an agreement that creates a binding (1) obligation upon the parties. The essentials
of contract are as follows: mutual (2) ; a legal (3) , which
in most instances need to be financial; parties who have legal (4) to
make a contract; absence of (5) or duress; and a subject matter that is
not (6) or against public policy.
What form does a contract take?
In general, contracts may be either (7) or written. Certain types of
contracts, however, in order to be enforceable, must be written and (8) .
These include contracts involving the sale and transfer of (9) .
How does a contract end?
In case of a (10) of contract, the injured party may go to court to sue
for financial compensation (or (11) ), or for rescission, for injunction,
or for specific performance if financial compensation would not compensate for the
breach. Specific (12) of a contract is the right by one contracting
party to have the other contracting party perform the contract according to the precise
(13) agreed.

C Below are 17 crimes. Firstly, link each crime to its definition and then classify
each crime as violent (V) or non-violent (NV).

V or NV Name of crime Definition of crime


assault attempt to use illegal force on another person in
the absence of consent to sexual relations
parking the use of violent actions such as assassination or
bombing for political reasons
sexual assault any instance in which one party deceives or takes
unfair advantage of another
speeding the offence of taking goods illegally into or out of
a country, without paying any tax
fraud the crime of stealing a car while someone is in it
by using physical force or threats
terrorism the act of attacking and robbing someone
armed robbery attempt to transform illegally acquired money into
apparently legitimate money
smuggling driving fast and dangerously for pleasure,
especially in a stolen vehicle
drug dealing leaving one’s vehicle in an area or for a duration in
contravention of the law
hooliganism the crime of illegally following and watching
someone over a period of time
money laundering a generic term for the killing of another person
mugging attempt to use illegal force on another person
stalking the crime of making imitation money or other
objects of value
joyriding violent behaviour
homicide possession of and/or trading in illegal substances
carjacking the unlawful taking of another’s property using a
dangerous weapon
counterfeiting driving a vehicle in excess of the permitted limit

D There is a word or phrase missing from the following sentences. For each
sentence circle the word which best fits into the space from the options
provided. Do not mark more than one answer for each sentence.

1. According to English law, each citizen has a duty of (1) to other


citizens under certain circumstances.
2. The liability that people have under the law of tort in situations where no proof
of damage is required, is known as (2) liability.
3. The main objective of the law of tort is to compensate the (3)
party for the harm that he or she has suffered.
4. The phrase ‘emotional (4) ’ is used by lawyers in England to
describe a client’s mental pain and suffering.
5. People have no choice as to whether to accept liability under the law of tort, as
the law (5) this liability upon them.
6. In negligence cases, a claimant will only be compensated for harm that is
reasonably (6) by the defendant.
7. In some negligence cases a claimant is refused a remedy on the grounds that the
harm he or she has suffered is too (7) _ .
8. The liability that people have in the law of tort in situations where one person
can be liable for the acts and (8) of another is known as vicarious
liability.
9. The act of going onto someone’s land without their permission is known as the
tort of (9) .
10. The tort of defamation has two forms, which are slander and (10) .

(1) A carefulness B caution C care D watchfulness


(2) A absolute B total C definite D strict
(3) A injured B damaged C defective D hurt
(4) A damage B misery C torture D distress
(5) A puts B imposes C forces D compels
(6) A anticipated B probable C predictable D foreseeable
(7) A distant B isolated C far D remote
(8) A errors B failures C omissions D oversights
(9) A intrusion B trespass C invasion D disturbance
(10) A criticism B falsehood C libel D fiction

E The following text introduces the area of company law. Complete the text by
using the words in the box below.

agreements borrow corporations court debts


employees legal legislation liability limited
partnership profits property registered (x2) shareholders
sue dividends objectives sole trader

A company is a legal entity, allowed by , which permits a group of


people, as , to create an organization, which can then focus on pursuing
set . It is empowered with legal rights which are usually only reserved
for individuals, such as the right to and be sued, own ,
hire or loan and money. The primary advantage of a
company structure is that it provides the shareholders with a right to participate in the
, a proportionate distribution of profits made in the form of a money
payment to shareholders, without any personal .
There are various forms of legal business entities ranging from the ,
who alone bears the risk and responsibility of running a business, taking the profits,
but as such not forming any association in law and thus not regulated by special rules
of law, to the company with liability and to multinational
.
In a , members ‘associate’, forming collectively an association in which
they all participate in management and sharing , bearing the liability for
the firm’s and being sued jointly and severally in relation to the firm’s
contracts or tortious acts.
Limited-liability companies, or corporations, unlike partnerships, are formed not
simply by entered into between their first members; they must also be
at a public office or designated by law or otherwise
obtain official acknowledgment of their existence.
PROGRESS TEST (Units 6-10)

A The United Nations International Commission on Trade Law (UNCITRAL) is


the core legal body of the United Nations system in the field of international
trade law. As we move towards ‘one world of commerce’, we will increasingly
need ‘one commercial law’.
First read through the key areas with which UNCITRAL is involved. Then
find the words/ phrases in this text with the closest meanings to the definitions
in the table.

UNCITRAL
 Worldwide acceptable conventions, model laws and rules
 Legal and legislative guides and recommendations of great practical value
 Updated information on case law and enactments of uniform commercial
law
 Technical assistance in law reform projects
 Regional and national seminars on uniform commercial law
 Sale of goods, arbitration, electronic commerce, procurement, negotiable
instruments, project finance, insolvency, countertrade, construction
contracts, guarantees, receivables financing, letters of credit, maritime
transport

Definitions Words/phrases in the text


o bankruptcy insolvency

o law established on the basis of previous


verdicts, rather than law established by
legislation
o accounts that are due to be paid
o the movement of goods by sea

o a letter from a bank, usually for


presentation to another branch or bank,
authorizing it to issue credit or money to
the person named

o measures with legal force

o support

o being the same as another

o a procedure for the resolution of


disputes

o a system of international trade in which


countries exchange goods or services,
rather than paying for imports with
currency

o suggestions

o agreements

o building agreements
o process to buy and sell through the
Internet
o the latest or most modern

o purchase

B Make adjectives from the nouns in brackets.

1. Patent holders have (territory) rights over their inventions.


2. Copyright is a statutory right in an (origin) work.
3. A number of rights fall within (intellect) property, including copyright, design,
patents, and trademarks.
4. To be patented, an invention must have some sort of (industry) use; this might
include, for example, in agriculture.
5. Discoveries of elements of the human body are not (patent).
6. The invention has to be (novelty) and must not have been disclosed before.
C Link each word to its definition.

Word Definition
1 convention a the customary method of performing or carrying
out an activity that is followed by a particular
group of people
2 sovereign b to give formal approval to something in order that
it can become law
3 conclude c self-governing and not ruled by another state
4 binding d rule
5 treaty e legally required
6 usage f the action of following a rule or keeping to an
agreement
7 custom g legally binding agreement between states
sponsored by an international organization
8 regulation h legally binding agreement between two or more
states
9 adherence i a formal legal document
10 ratify j a long established tradition or usage that becomes
customary law if it is (a) consistently and regularly
observed and (b) recognized by those states
observing it as a practice that they must follow
11 instrument k to make a formal agreement complete and fixed,
especially after long discussions or arrangements

D Read the following sentences that have a preposition missing from them. For each
sentence choose the preposition which best fits into the space from the options
provided. Do not mark more than one answer for each sentence.

1. How much money do you have (1) your bank account at the moment?
2. She has not made a payment on her loan account this month so this morning she
received a letter (2) her bank.
3. I have just opened a new savings account (3) the Royal Chatsworth
Bank.
4. If you make a call to the bank, all calls are charged (4) local charge
rates.
5. If I cannot make the repayments on my loan because I am ill and cannot work, will I
be recovered (5) my insurance policy?
6. My account went (6) the red by £200 last month.
7. Could you let me know (7) Tuesday if I will be able to borrow that
amount as I want to go ahead and rent premises for my new business.
8. If you see internet banking you should make sure that your password isn’t known (8)
anyone else.
9. I’m afraid that (9) the circumstances your insurance policy does not
cover you for the missed payments.
10. Interest accrued (10) her savings at a very high rate.

(1) A at B with C in D on
(2) A from B to C of D in
(3) A of B in C on D with
(4) A at B with C through D on
(5) A for B in C with D by
(6) A in B into C over D on
(7) A for B at C in D by
(8) A to B with C as D at
(9) A on B at C under D for
(10) A with B on C at D to

E Phrases with copyright infringement. Complete the sentences below using the
verb forms in the box. Then put the sentences in the order in which the
actions are likely to have occurred.

dismissed filed settle was guilty of would be liable for

a On appeal, the Court found that the defendant copyright


infringement.
b In the first instance, the Lower Court the copyright
infringement claim which formed the basis of the suit.
c A song-swapping company, which had created an online database of thousands
of albums, was advised by their lawyers that they
copyright infringement.
d Major record companies a copyright-infringement lawsuit
against the song-swapping company, which threatened to shut down the free
song-swapping service.
e Before the case came to trial, the song-swapping company unsuccessfully
offered a high sum to the record companies to the
copyright-infringement lawsuit.

Order of the actions: 1 2 3 4 5


ЗАКЛЮЧЕНИЕ

Задания, предлагаемые в данном учебном пособии, способствуют


закреплению таких умений и навыков, как накопление и систематизация
словарного запаса, необходимого для общения на профессиональные темы,
развитие навыков чтения профессионально ориентированных текстов и умения
аргументировать и выражать свое мнение по предложенной теме, а также
развитие умения правильно конструировать грамматические формы и
синтаксические построения в соответствии с нормами изучаемого языка.
Предложенные в пособии задания также способствуют более полному
формированию у выпускников-бакалавров профессиональных компетенций в
сферах нормотворческой, правоприменительной и правоохранительной
деятельности благодаря расширению их возможностей использовать
аутентичные источники и приобретенным ими умениям и навыкам общения на
английском языке.
Данное пособие содержит информацию, которая способствует
расширению профессионального кругозора студентов по направлению
подготовки «Юриспруденция».
В результате изучения дисциплины у студентов формируются
орфографическая, орфоэпическая, лексическая, грамматическая и
стилистическая нормы изучаемого языка в пределах программных требований
и умение их правильно использовать во всех видах речевой коммуникации.
REFERENCES

1. Brieger N. Test Your Professional English : Law / N. Brieger. – Longman,


2003. – 104 p.
2. Brown G.D. Professional English in Use. Law / G.D. Brown, S. Rice. –
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337 p.
4. Flinders S. Test Your Professional Business English : General / S. Flinders. –
Longman, 2002. – 112 p.
5. Krois-Lindner A. International Legal English: A Course for Classroom or Self-
Study Use : Student’s Book / A. Krois-Lindner and TransLegal. − Cambridge
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6. Krois-Lindner A. Introduction to International Legal English: A Course for
Classroom or Self-Study Use : Student’s Book / A. Krois-Lindner, M. Firth
and TransLegal. − Cambridge University Press, 2008. – 154 p.
7. MacAndrew R. Taboos and Issues / R. MacAndrew, R. Martinez. – Language
Teaching Publications, 2001. – 80 p.
8. Mason C. The Lawyer’s English Language Coursebook / C. Mason, R. Atkins.
– Global Legal English Ltd, 2007. – 453 p.
9. Wyatt R. Check Your English Vocabulary for Law / R. Wyatt. – 3rd ed. –
A&C Black Publishers Limited, 2006. – 76 p.
10.Агабекян И.П. Практический английский для студентов-юристов / И.П.
Агабекян. – Ростов-на-Дону: Феникс, 2003. – 416 с.
11.Влахова А.С. Английский язык для юристов : учебник для бакалавриата
по направлению «Юриспруденция» / [А.С. Влахова, О.Л. Федотова, А.В.
Заикина и др.]; отв. ред. Н.Ю. Ильина, Т.А. Аганина. − М.: Изд-во
Проспект, 2012. – 295 с.
12.Гайломазова Е.С. English for Law Students / Е.С. Гайломазова, О.В.
Дышекова // Учеб. пособие для студентов юридических факультетов. –
Ростов-на-Дону, 2014. – 211 с.
13.Гуманова Ю.Л. Just English : учебное пособие для юридических ВУЗов /
[Гуманова Ю.Л., Королева-МакАри В.А., Свешникова М.Л. и др.] // Под
ред. Т.Н. Шишкиной. − М.: Зерцало-М, 2004. – 262 с.
14.Колесникова Н.А. Английский язык для юристов : учеб. пособие / Н.А.
Колесникова, Л.А. Томашевская. – 2-е изд., стереотип. – М.: Флинта :
МПСИ, 2011. – 240 с.
ACRONYMS and ABBREVIATIONS

A.D., 78 Anno Domini


a.m., 99 Ante Meridiem (“before noon”)
ADR, 129, 132-133 alternative dispute resolution
AGM, 90 Annual General Meeting

CEO, 98 Chief Executive Officer

e.g., 27, 43, 84 exempli gratia (“for example”; “for instance”)


ECJ, 156 European Court of Justice
etc., 31, 69, 95 et cetera (and so on; and so forth)
EU, 88, 163 European Union

FSMA, 70 Financial Services and Markets Act

HCC, 162-163 Hague Conference on Private International Law

i.e., 106, 124 id est (“that is”)


ICC, 138 International Chamber of Commerce
ID, 72 identity

Ltd, 95, 97 private limited company

mln, 58 million

NBFIs, 115 non-bank financial institutions


ODR, 129 online dispute resolution

P, 70 pence
p.m., 35 Post Meridiem (“after noon”)
Pa, 123 per annum (“per year”)
PA, 97 personal assistant
PII, 72 personal identifying information
Plc, 94 public limited company
PwC, 70 Pricewaterhouse Coopers

UCC, 107 Uniform Commercial Code


UK, 7-8 United Kingdom
UN, 79 United Nations
UNCITRAL, 108 United Nations Commission on International Trade Law
UNIDROIT, 162-163 International Institute for the Unification of Private Law
US, USA, 10-11 United States of America

vs, 96 versus

WTO, 108 World Trade Organization


APPENDIX. Word list

Unit 1. A career in law

act for smb действовать от имени (кого-л.)


administrative law административное право
advocacy (n) защита; адвокатура; адвокатская деятельность
appear in court явиться в суд; предстать перед судом
associate (n) помощник; заместитель; младший сотрудник
breach a law нарушить закон
commercial law торговое (коммерческое) право
community (n) сообщество
company law корпоративное право
constitutional law конституционное право
contract law договорное право
conveyancing law нормы права, касающиеся передачи права
собственности на недвижимость
core subjects обязательные (основные) предметы
criminal law уголовное право
day-to-day work повседневная работа
dismissal (n) увольнение
draft a contract составлять договор
education (n) образование
employment law трудовое право
equity law право справедливости
family law семейное право
goods (n, plural) товары
graduate (n) выпускник (как правило, вуза)
have a good command of a владеть иностранным языком
foreign language
housing law жилищное право
immigration law иммиграционное право
individuals (n, plural) физические лица
insolvency (n) неплатежеспособность
intellectual property интеллектуальная собственность
intellectual property law право интеллектуальной собственности
land law земельное право
law clinic юридическая клиника
law degree высшее юридическое образование;
юридическая степень
law firm юридическая компания; адвокатская фирма
law of real property нормы права о недвижимости
law of trusts правовые нормы о доверительной
собственности
legal assistance юридическая помощь
legal research правовые исследования; изучение
законодательства и правоприменительной
практики
legal writing юридическая письменная речь; юридическая
техника
litigation and arbitration судебное и арбитражное разбирательство
maritime law морское право
merge (v) объединять; сливаться (о компании);
поглощать (напр., более мелкие компании)
no win-no fee условный гонорар (соглашение с адвокатом, в
котором указывается, что адвокат не
будет взимать плату за свои
услуги, если дело
клиента окажется проигранным)
partnership (n) товарищество; партнерство
plead a case защищать дело (в суде)
property (n) собственность; имущество
qualified (adj) квалифицированный
recruit (v) нанимать на работу
recruitment (n) набор, привлечение новых сотрудников
represent a client in court представлять интересы клиента в суде
right of audience (in court) право выступать в суде
self-employed (adj) самозанятый
sole practitioner практикующий юрист; единоличный юрист
specialize (in) (v) специализироваться (в чем-то)
tort law деликтное право
valid (adj) действительный; имеющий законную силу
work experience опыт работы

Unit 2. Contract law

accept an offer акцептовать (принять) оферту


acceptance (n) принятие, акцептование
agree (on) (v) договориться о чем-л.; достигнуть
соглашения по какому-л. вопросу
assignee (n) правопреемник
assignment (n) переуступка (передача) прав
assignor (n) цедент (лицо, совершающее передачу права)
award damages присудить возмещение ущерба
binding (adj) юридически обязывающий; обязательный
body of laws свод законов
breach of a contract нарушение условий договора
breaching party сторона, нарушившая договор
capacity to contract договороспособность
case law прецедентное право
common law общее право; англосаксонское право
comply (with) (v) соответствовать; соблюдать требования
consent (n) согласие; разрешение
consideration (n) основание сделки; встречное удовлетворение
contract formation оформление, заключение договора
contract law договорное право
contract price цена договора
contract under seal договор за печатью
counter-offer (n) встречная оферта (предложение)
damages (n, plural) денежная компенсация; денежное
возмещение ущерба
deal (with) (v) иметь дело с чем-л.; заниматься чем-л.
deed (n) сделка в особой письменной форме;
документ с особым порядком подписания
discharge of a contract прекращение действия договора
disclose (v) разглашать (сведения)
dispute (n) спор
donation (n) пожертвование; передача в дар
elect (v) избирать; выбирать (голосованием)
enforceable (adj) имеющий исковую силу
essential terms существенные условия (напр., договора)
file a lawsuit подавать иск
forbearance (n) отказ от принятия мер, действия
gain a benefit получить выгоду
general election всеобщие выборы
give up (phr v) отказаться; прекратить попытки (сделать
что-л.)
hire contract договор найма (или аренды)
hire purchase agreement договор купли-продажи с рассрочкой
платежа
injured party потерпевшая сторона
intention (n) намерение
legislation (n) законодательство
loan agreement кредитный договор; соглашение о займе
manufacturing licence agreement лицензионный договор на производство
negotiate (v) вести переговоры; обсуждать
offer (n) оферта; предложение
offeree (n) адресат оферты (лицо, которому
направляется оферта)
offeror (n) оферент (лицо, вносящее предложение)
oral contract устный договор
party (n) сторона (в договоре, по делу и т.д.)
precedent (n) прецедент
promise (n) обещание; договорная обязанность
reciprocal (adj) взаимный; двусторонний; обоюдный
reject an offer отклонить оферту
relevant (adj) соответствующий; уместный
remedy (n) средство правовой защиты
rights and obligations права и обязанности
sign a contract подписывать контракт
specific performance судебное решение об исполнении
договорных обязательств
statute (n) статут; законодательный акт
subject matter of a contract предмет договора
suffer a detriment понести ущерб
terminate a contract расторгнуть договор
under duress под давлением
void (adj) недействительный; не имеющий
юридической силы

Unit 3. Tort law

actionable per se (Latin) подлежащий преследованию в исковом


порядке сам по себе
award damages присуждать возмещение убытков
be entitled to иметь право на что-л.
brief (n) краткое изложение дела; записка по делу
civil wrong гражданский деликт
compensatory damages компенсация за нанесенный ущерб (в
размере понесенных убытков)
conduct (n) поведение
controversial (adj) спорный; неоднозначный
conviction (n) осуждение; признание виновным
court transcript протокол судебного заседания
deter (v) удерживать от совершения чего-л;
отпугивать
deterrent (n) сдерживающее средство; средство
устрашения
duty of care обязанность соблюдать осторожность
(проявлять осмотрительность)
entitled to redress имеющий право на возмещение
(компенсацию)
false imprisonment незаконное лишение свободы
find for (phr v) выносить решение в пользу
foreseeable (adj) предсказуемый; предвидимый заранее
fraudulent misrepresentation умышленное искажение фактов
free expression свобода слова
frivolous lawsuit необоснованный иск
heads of tort виды деликта
injunction (n) судебный запрет
interfere (with) (v) вмешиваться во что-л.
interference in contractual relations вмешательство в договорные отношения
liable (adj) обязанный; несущий ответственность
libel (n) клевета в письменной форме
loss of earning capacity потеря трудоспособности
medical expenses медицинские расходы
medical malpractice недобросовестная медицинская практика;
врачевание в нарушение закона
misstatement (n) ложное заявление
negligence (n) халатность; неосторожность
nuisance (n) зловредность; нарушение общественного
порядка; причинение помех и неудобств
obey (v) исполнять; повиноваться; подчиняться
omission (n) бездействие
outcome (n) результат; последствие; исход
owe a duty to smb. нести обязанность перед кем-л.
pain and suffering моральный ущерб
punitive damages возмещение убытков в виде наказания
reasoning (n) обоснование
remote damage отдаленно косвенные убытки
resolve a dispute разрешать спор
ruling (n) постановление, решение суда
slander (n) устная клевета
slanderous (adj) клеветнический; оскорбительный
standard of proof критерий доказанности
strict liability tort деликт строгой (объективной)
ответственности
sue for smth (phr v) обратиться в суд с иском
suffer harm понести ущерб
threaten (v) угрожать
tort (n) деликт; гражданское правонарушение
tortfeasor (n) правонарушитель; деликвент
tortious conduct вредоносное, деликтное поведение
trespass to land нарушение чужого права владения землей
(недвижимостью)
trespass to the person посягательство на права личности
unfair business practices недобросовестные методы ведения бизнеса
unfair competition недобросовестная (нечестная) конкуренция
vicarious liability субсидиарная ответственность;
ответственность за деяния других лиц
wrongful (adj) незаконный; противоправный

Unit 4. Criminal law

abuse (v) злоупотреблять; плохо обращаться (с кем-л.,


чем-л.)
armed robbery вооруженное ограбление
arrest warrant ордер на арест
arson (n) поджог
assassination (n) политическое убийство; убийство по найму
assault (n) нападение
balance of probabilities принцип большей вероятности
battery (n) избиение, нанесение побоев
beheading (n) казнь путем обезглавливания
black-marketeering (n) торговля на черном рынке
bribery (n) взяточничество, подкуп
bring a suit возбудить иск
burden of proof бремя (обязанность) доказывания
burglary (n) кража со взломом
commit a crime совершить преступление
community service общественные работы
contempt of court неуважение к суду; неподчинение судебному
постановлению
corporal punishment телесное наказание
crime of passion преступление на почве ревности; убийство в
состоянии аффекта
criminal intent преступный умысел
data breach утечка данных
death row (n) камера смертников
domestic violence домашнее насилие
drug trafficking (n) незаконный оборот наркотиков,
наркоторговля
drunk driving (n) управление автомобилем в нетрезвом виде
electrocution (n) казнь на электрическом стуле
embezzlement (n) растрата (присвоение) чужого имущества
extortion (n) вымогательство
falsify (v) фальсифицировать
felony (n) тяжкое преступление
file a police report подать заявление в полицию
forgery (n) подделка, подлог
fraud (n) мошенничество, жульничество
go bankrupt обанкротиться
homicide (n) убийство
imprisonment (n) тюремное заключение
infanticide (n) детоубийство (убийство матерью
новорожденного ребенка)
insider dealing (n) незаконные операции с ценными бумагами с
использованием конфиденциальной
информации; инсайдерская сделка
jailbreak (n) побег из тюрьмы
joyriding (n) лихачество на дороге (как правило, на
угнанном автомобиле)
kidnapping (n) похищение людей с целью выкупа
larceny (n) похищение имущества
lethal injection смертельная инъекция
loan-sharking (n) гангстерское ростовщичество; “акулий
промысел”
manslaughter (n) непредумышленное убийство
market abuse рыночные махинации
misdemeanor (n) менее тяжкое преступление
money laundering отмывание денег
obstruction of justice препятствование правосудию
offence (n) правонарушение, преступление
offender (n) правонарушитель, преступник
organized vice подпольные концерны публичных домов и
игорных притонов
parole (n) условно-досрочное освобождение
penal law пенитенциарное (уголовное) право
phishing (n) фишинг (выуживание паролей, личных
данных и т.п.)
preponderance of the evidence наличие более веских доказательств, перевес
pretexting (n) претекстинг (выдача себя за др. человека с
целью получения определенной
информации)
probation (n) испытательный срок, пробация
purchase (v) покупать, закупать
put to death казнить (кого-л.)
rape (n) изнасилование
rehabilitate (v) перевоспитать (преступника)
render a verdict выносить вердикт (приговор)
resolve a dispute разрешать спор
riot (n) массовые беспорядки
scam (n) афера, махинация
securities (n, plural) ценные бумаги
sentence (n) приговор
sentence (to) (v) приговорить к
shoplifting (n) магазинная кража
skimming (n) скимминг (кража данных банковской карты
при помощи специальных считывающих
устройств (скиммеров), устанавливаемых
на банкоматах)
stalking (n) преследование; запугивание; домогательство
stoning (n) забивание камнями
stowaway (n) безбилетный пассажир, «заяц» (на корабле,
самолёте, в поезде и т. п.)
suspend a sentence приостанавливать приведение приговора в
исполнение
tax evasion (n) уклонение от уплаты налогов
theft (n) воровство, кража
think nothing of пренебрегать чем-л., не обращать внимания
на что-л.
traitor (n) госизменник
trier (judge or jury) (n) лицо, рассматривающее вопрос; судья
try a case рассматривать дело
victim (n) жертва
white-collar crime беловоротничковое (должностное)
преступление

Unit 5. Company law

accounting and finance бухгалтерский учет и финансы


act on behalf of smb. действовать от чьего-л. лица
AGM (annual general meeting) (n) ежегодное общее собрание акционеров
allotment of shares распределение акций
Articles of Association устав (компании)
assets (n, plural) активы компании
auditor (n) аудитор
authorized share capital объявленный уставный капитал
bankrupt (n) банкрот
bankruptcy (n) банкротство
be involved in быть задействованным в чем-л.; быть
занятым в чем-л.
beneficial ownership бенефициарное право собственности
board of directors совет директоров
business entity хозяйствующий субъект; юридическое лицо
capitalization (n) капитализация
certificate of incorporation свидетельство о регистрации компании
chief administrative officer руководитель административного одела;
главное должностное лицо; главный
администратор
Companies Act закон о компаниях
company (n) компания; акционерная компания
company assets активы компании
company formation создание (образование) компании
company law корпоративное право
Company Secretary ответственный секретарь компании
constitutional documents учредительные документы
corporate responsibility корпоративная ответственность
creditor (n) кредитор
debts (n, plural) долговые обязательства; долги; заемные
средства
dividends (n, plural) дивиденды
duties (n, plural) обязанности; функции
employ (v) принимать, нанимать на работу
employer (n) работодатель
employee (n) сотрудник; служащий
entail (v) подразумевать; включать в себя
enter into a contract заключать договор (контракт)
executive director исполнительный член совета директоров;
исполнительный директор
file (v) регистрировать, подавать (документы)
fire (v) увольнять с работы
interest rate (n) процентная ставка
invest (v) инвестировать; вкладывать денежные
средства
issued share capital выпущенный акционерный капитал
legal person юридическое лицо
limited liability ограниченная ответственность
liquidator (n) ликвидатор
managing director управляющий директор
Memorandum of Association учредительный договор
non-executive director наблюдательный член совета директоров
official receiver государственный конкурсный управляющий
ordinary share обыкновенная акция
owe (v) быть должным, задолжать
partnership (n) товарищество; партнерство; коллективное
юридическое лицо
pre-emption right преимущественное право на покупку (акций)
preference share привилегированная акция (дает право на
получения фиксированных дивидендов)
profit margins показатели рентабельности
proxy (n) представитель по доверенности
public limited company публичная акционерная компания с
ограниченной ответственностью
publicly listed company зарегистрированная на бирже компания
reduce wages снижать заработную плату
re-election (n) повторное избрание на должность
refrain (from) (v) воздерживаться, удерживаться от чего-л.; не
допускать наступления чего-л.
regulation (n) регулирование
regulator (n) регулятор, регулирующий орган
run a company управлять компанией
separate personality самостоятельная правосубъектность
share consolidation консолидирование акций
share subdivision деление одной акции на несколько
shareholder (n) акционер
Shareholders’ Agreement акционерное соглашение
shareholding member участник, владеющий долей в уставном
капитале
sole proprietor индивидуальный (частный)
предприниматель
special resolution специальное решение
statutory forms обязательные документы, необходимые для
регистрации компании
subscriber (n) подписчик (учредительного договора);
подписчик (на акции)
sue (v) подать иск в суд; судиться; подать в суд
tax treatment режим налогообложения
third party третье лицо; третья сторона
waive the right (to) отказаться от права (на что-л.)
wind up (phr v) ликвидировать (компанию)

Unit 6. Commercial law

abandon (v) выйти из сделки; отказываться


agency (n) агентские правоотношения; посредническая
деятельность; агентство
at one’s discretion по своему усмотрению
at the discretion of smb. на усмотрение кого-л.
ban smth. (v) запрещать что-либо; налагать запрет на что-
л.
carriage of goods перевозка товаров
civil code гражданский кодекс
Commercial Agency Contract договор о торговом посредничестве
commercial agent торговый агент
commercial law торговое (хозяйственное) право
commercial transaction коммерческая операция
competition law антимонопольное (конкурентное) право
consequences (n, plural) последствия
consumer credit потребительский кредит
contentious work работа, связанная со спорными вопросами
credit card company компания-эмитент кредитных карт
credit institution кредитная организация
currency exchange обмен валюты
debtor (n) дебитор; должник
discretion (n) усмотрение; свобода действий
draft a contract составлять контракт
endeavor (v) стараться, пытаться
facilitate (v) способствовать; содействовать
foreign currency transactions операции с иностранной валютой
grant (v) предоставлять; давать; выдавать
insurance company страховая компания
intellectual property интеллектуальная собственность
jurisprudence (n) юриспруденция; правоведение
landlord (n) арендодатель
leave smth. to smb’s discretion оставить что-либо на чье-либо усмотрение
mercantile agency кредит-бюро (предоставляет информацию о
кредитоспособности компаний)
mortgage (n) ипотечный кредит; залог
negotiable instruments оборотные документы (напр., векселя, чеки и
т.д.)
‘no cure, no pay’ basis принцип “нет результата – нет оплаты”
non-bank financial institutions небанковские финансовые учреждения
non-contentious work работа, не связанная со спорами
offshore bank офшорный банк
private law частное право
public law публичное право
ratify (v) ратифицировать; подтверждать
real property недвижимое имущество
revocation (n) отмена; аннулирование; отзыв (напр.,
лицензии)
revoke (v) отменять; аннулировать; отзывать
revoke a law отменять закон
revoke a license отзывать лицензию
savings bank сберегательный банк
secured transaction документально обеспеченная сделка; сделка
с использованием залога
securities company инвестиционный банк
sign (v) подписывать
substantive law материально-правовой закон
substitute (v) заменять; замещать
substitution (n) замена; замещение
tax law налоговое право
tenant (n) арендатор
trade agreement торговое соглашение
travel agency туристическое агентство
unlawful activity незаконная деятельность
with the exception of smth. за исключением чего-либо

Unit 7. Real property law

buy-to-let “купить-чтобы-сдать” (недвижимость,


которая приобретается для сдачи в
аренду и получения стабильного дохода)
cadastral register кадастр
capital appreciation увеличение стоимости капитала
chain of title последовательность перехода права
собственности
conveyance (n) передача права собственности
deed (n) документ о передаче права собственности;
сделка в особой письменной форме
deposit (n) первый взнос; авансовый платеж
easement (n) сервитут (ограниченное право пользования
чужой вещью в земельных отношениях)
escrow (n) условное депонирование (имущества,
денежной суммы или документов у
третьего лица); эскроу (контракт,
соглашение или документ, который
находится на хранении у третьего лица и
вступает в силу только при выполнении
определенного условия)
estate pur autre vie имущество, право на которое ограничено
сроком жизни другого лица
exclusive possession исключительное право собственности
fee simple имущество, наследуемое без ограничений
fee tail заповедное имущество (в отношении
которого установлены ограничения
наследования)
freehold estate недвижимость, находящаяся в безусловной
собственности
go bust прогореть; обанкротиться; разориться
grantee (n) лицо, к которому переходит право
собственности
grantor (n) даритель; лицо, передающее права на
имущество
heir (n) наследник
inheritable (adj) наследуемый; наследственный; имеющий
право наследовать
landlord, landlady (n) арендодатель
lease (n) договор аренды (лизинга)
leasehold (n) арендованная недвижимость; владение на
правах аренды
legally enforceable имеющий юридическую силу
let property собственность, сдаваемая внаем
licence (n) лицензия; разрешение
licensee (n) лицензиат (получатель лицензии)
life estate имущество в пожизненном владении
long overdue давно просроченный
mortgage (v) получать ссуду под залог недвижимости;
закладывать (недвижимость)
mortgage payment ипотечный платеж
obsolete (adj) устаревший; отжитый
off-plan property незавершенное строительство
owner (n) собственник; владелец
personal property движимое имущество
pitfalls (n, plural) западня; подводные камни (перен.);
недостатки
property interest имущественное право; имущественный
интерес
property transfer tax налог на передачу права собственности
real estate недвижимость
real property недвижимое имущество
real property law нормы права о недвижимости
real-estate sales contract договор купли-продажи недвижимости
rent (~ smth from smb / ~ smth out арендовать; брать в аренду
to smb) (v)
rental income доход от аренды
retain possession сохранять право собственности
stamp duty (n) государственная пошлина; гербовый сбор
(по ценным бумагам)
Statute of Frauds закон, запрещающий мошенничество или
обманные действия
tenancy agreement договор аренды
title interest имущественное право

Unit 8. Litigation and arbitration

adjudication (n) арбитражное решение; вынесение


судебного решения
alternative dispute resolution (ADR) альтернативные методы разрешения споров
arbitral tribunal арбитражный трибунал
arbitration (n) арбитраж; третейское разбирательство
arbitrator / arbiter (n) третейский судья; арбитр
beneficial (adj) выгодный
binding decision обязательное решение
Chamber of Commerce торговая палата
commercial transactions торговые (коммерческие) сделки
consent (n) согласие; разрешение
counsel (n) юрисконсульт; группа адвокатов
decision-maker (n) лицо, принимающее решение
deliver a judgment выносить решение
discovery phase сбор и истребование доказательств
disputing parties спорящие стороны
enforcement phase приведение в исполнение; принудительное
исполнение; правоприменение
expertise (n) специальные знания; компетентность
facilitator (n) посредник
forum (n) место урегулирования спора; суд
government agency орган государственной власти;
государственное ведомство
ground rule основная норма; главное правило; основной
принцип
hearing (n) слушание дела
impartial referee беспристрастный судья
incur (v) подвергаться; терпеть (напр., убытки)
joint session совместное заседание
legally bound юридически обязанный; связанный
законными обязательствами
litigation (n) тяжба; судебный процесс
mediation (n) медиация; посредничество
on the merits of a dispute по cуществу спора
mutual agreement взаимное согласие
pass an order выносить постановление
physical evidence вещественное доказательство
pleadings (n, plural) заявления истца и ответчика; выступление
перед судом; судебные прения
prejudice (n) пристрастное, предвзятое мнение;
предюдиция
pre-trial work досудебная работа
public domain достояние общественности
settle a dispute урегулировать спор
settlement (n) разрешение (спора)
submission (n) представление, подача (документа);
передача на рассмотрение; соглашение о
передаче спора в арбитраж
take testimony снимать или выслушивать свидетельские
показания
trial phase судебное разбирательство
waive a hearing отказываться от слушания дела
winning party выигравшая сторона
without prejudice не предопределяющий окончательное
решение вопроса; c сохранением за истцами
права предъявления иска по тому же
основанию

Unit 9. International law

public international law международное публичное право


applicable (adj) применимый; подходящий
apply law применять закон
be connected with иметь дело с; быть связанным с
be distinguished from отличаться от
be in conflict with находиться в противоречии с
binding source of law обязательный источник права
body of rules совокупность норм
charter (n) устав; хартия
conflict of laws коллизионное право
custom (n) обычное право; обычай
customary law обычное право
develop standards разработать стандарты
enforce law обеспечивать соблюдение законов
framework convention рамочная конвенция
govern conflicts регулировать споры
govern rights and duties регулировать права и обязанности
implement law вводить законы в действие
intergovernmental organization межправительственная организация
international entity субъект международного права
legal framework правовая система
legal instruments юридические документы
legal principles правовые принципы
nation state национальное государство
outline convention (EU) рамочная конвенция
private individual физическое лицо
private international law международное частное право
recommendatory (adj) рекомендательный
refer to (phr v) относиться; иметь отношение к
source of law источник права
subsidiary (adj) второстепенный; вспомогательный
supranational law наднациональное право
treaty (n) договор; соглашение; конвенция
unite authority объединять власть
World Intellectual Property Всемирная организация по вопросам
Organization интеллектуальной собственности

Unit 10. Comparative law

comparative law сравнительное право; сравнительное


правоведение
religious (theological) legal systems религиозная правовая система
harmonization and unification of law согласование и унификация
законодательства
uniform law единообразный закон
UNIDROIT (International Institute for международный институт унификации
the Unification of Private Law) частного права
statutory (adj) установленный законом;
соответствующий закону
agreed (adj) согласованный; установленный
applicable law применимое законодательство
enforcement of judgments исполнение судебного решения
принудительным путем
Corpus Juris Civilis Кодекс Юстиниана
adjudicate (v) выносить решение
prescription (n) предписание; распоряжение
case law прецедентное право
statute law статутное право; право, выраженное в
законах
stare decisis господствующая сила прецедента
render a decision принимать решение
statutory provision законоположение; предписание закона
paramount (adj) важнейший
enacted law писаное право; законодательное право
unenacted law непринятый закон
body of law нормативно-правовая база
conversely (adv) и наоборот
bound (adj) ограниченный; обязанный