ENGLISH FOR
STUDENTS OF LAW
Учебное пособие
Луганск 2020
УДК 811.111’243(075.8)
ББК 81.432.1я73
B 543
Рекомендовано Ученым советом ГОУ ВО ЛНР
«Луганский государственный университет им. Владимира Даля»
(Протокол № от 2020)
Рецензенты:
Клименко А.С., доктор филологических наук, профессор, заведующий
кафедрой лингвистики и технического перевода ГОУ ВО ЛНР «ЛГУ им. В. Даля».
Шамшина И.И., доктор юридических наук, профессор, профессор кафедры
гражданско-правовых дисциплин ГОУ ВО ЛНР «ЛГУ им. В. Даля».
Ответственный редактор:
Гуковская Т.Г., кандидат педагогических наук, заведующая кафедрой
иностранных языков ГОУ ВО ЛНР «ЛГУ им. В. Даля».
УДК 811.111’243(075.8)
ББК 81.432.1я73
3
ВВЕДЕНИЕ
4
CAN YOU BE A LAWYER?
Answers:
1. a) 10; b) 0 5. a) 10; b) 0
2. a) 10; b) 0 6. a) 10; b) 0
3. a) 10; b) 0 7. a) 10; b) 0
4. a) 10; b) 0
Score:
1. 0-30. You can’t become a lawyer. You don’t have the qualities of
becoming a lawyer. Forget it!
2. 40-70. You can become a lawyer. Why not try to be one?
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Unit 1
What is Law?
authority - власть
statement - утверждение
invariable - постоянный, неизменный
generalization - обобщение
to generate - порождать, вызывать
to touch - затрагивать
to govern - управлять
to punish - наказывать
to settle - улаживать
Before considering how law is interpreted and the role it plays in society we
need to be clear about what we mean when we refer to ‘law’. What is ‘law’, how
do we know it exists and how is it defined? By asking you to think about what
you mean when you use the word ‘law’, we are asking you to draw upon your
own knowledge, views and experience.
Read the following definitions of ‘Law”. Decide which of them is the most
clear (exact, precise, simple) one? Use the phrases: In my opinion ..., I can’t
make up my mind, but ..., I am keeping an open mind for the moment ..., I’m
(not) sure that...:
Law is a limit on different forms of behaviour.
Law is a rule of conduct or procedure established by custom,
agreement, or authority.
Law is a set of rules or principles dealing with a specific area of a legal
system.
Law is a way of life.
Law is a statement describing a relationship observed to be invariable
between or among phenomena for all cases in which the specified
conditions are met.
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Law is a set of rules created by state institutions which make laws
through the authority of the state.
Law is a principle of organization, procedure, or technique.
Law is a generalization based on consistent experience or results.
The «law» is something that touches our lives on a daily basis, it governs
what we can and cannot do, it is used to settle disputes, to punish and to govern.
There are laws which are widely accepted and laws which generate discussion.
Laws play a central role in social, political and economic life.
Many people think they know what the law is when they see it and your
individual viewpoint will affect how you define law. Many lawyers feel that a
society cannot be properly understood or explained without an understanding of
its law and legal culture.
Every country has its own set of laws, and each is unique to that country.
For example, in the United States, the law is that drivers must drive on the right
side of the road. In England, on the other hand, the law is that drivers must drive
on the left side of the road. If you and your family are traveling to England, you
can see how knowing the law can keep you safe.
Most of laws exist to make life easier, safer and happier.
Comprehension tasks
1. Do you agree that “laws exist to make life easier, safer, and happier”?
Prove your point of view. Use the phrases: As I see it…; As for me…;
From my point of view… ; I’d like to stress that …; What I want to
say is … .
2. Take a few moments to think about situations in which you have had
contact with the law during the past 24 hours; for example, buying
something, driving or walking across a road.
3. Having thought about how you may have had contact with laws in the
last 24 hours try to identify what you think the particular laws have in
common. Try to think about what the laws on speeding vehicles (such
as cars or motorbikes) may share in common with the laws on buying
and selling goods (such as coffee, clothes, a kettle, car or fridge) and
how these differ from an agreement to meet up with a friend or family
member. What may happen if those laws/agreements are broken?
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Lexical tasks
1. Have a look at these eight different meanings of the noun “law” given in a
dictionary. Which of them is the most exact (comprehensive, clear, popular
acceptable) one. Make your own sentences with all of them:
1. the whole system of rules that everyone in a country or society must obey
2. a particular branch of the law
3. a rule that deals with a particular crime, agreement, etc.
4. the study of the law as a subject at university, etc.
5. one of the rules which controls an organization or activity
6. a rule for good behaviour or how you should behave in a particular place
or situation;
7. the fact that something always happens in the same way in an activity or
in nature
8. a scientific rule that somebody has stated to explain a natural process.
Grammar practice
1. Look through the text. Find sentences which starts with the adverbial modifier.
Translate the sentences. (An adverbial modifier of time and place generally
stands either at the beginning or at the end of the sentence).
3. Translate the sentences. Mind the meaning of the words in italics performing
different functions in the sentences:
1. A judge is a court officer authorized to decide legal cases. But who are
they to judge us? The judge may also rule on motions made before or
during a trial. Don't judge a book by its cover.
2. In this office, hard work is the rule, not the exception. When a court
rules, the decision is called a ruling. The high destiny of the individual
is to serve rather than to rule.
3. The state is distinguished from other institutions by its purpose
(establishment of order and security), methods (its laws and their
enforcement), territory (its area of jurisdiction), and sovereignty.
Another standard question is “What's the state of the world?” meaning
“What's new?” or “What's going on?” The Bill of Rights is stated in 463
words.
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4. What we now call gravity was not identified as a universal force until
the work of Isaac Newton. Nobody can force me to do it.
5. After the storm, the Johnsons filed a claim against their home insurance
in order to repair damage to the roof. He claimed he won the race,
though the video showed otherwise.
6. In folk beliefs, good luck is regularly associated with the right side: it is
lucky to see the new moon to one's right, to put the right stocking or
shoe on first, while in each case the left is unlucky. Each legal right that
an individual possesses relates to a corresponding legal duty imposed on
another.
4. Make up sentences:
UNIT 2
court - суд
to alter - изменять
to enforce - предписывать
to force - заставлять
to pay damages - оплачивать убытки
glue - клей
at random - случайно
to claim - заявлять
trial - судебное разбирательство
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intention - намерение
arbitrary - деспотический
to flaw - делать недействительным
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settled by a duel: we turn to the law and to institutions like the courts to decide
who is the real owner and to make sure that the real owner's rights are respected.
We need law, then, to ensure a safe and peaceful society in which
individuals’ rights are respected. But we expect even more from our law. Some
totalitarian governments have cruel and arbitrary laws, enforced by police forces
free to arrest and punish people without trial. Strong-arm tactics may provide a
great deal of order, but we reject this form of control. The legal system should
respect individual rights while, at the same time, ensuring that society operates in
an orderly manner. And society should believe in the Rule of Law, which means
that the law applies to every person, including members of the police and other
public officials, who must carry out their public duties in accordance with the
law.
In a society, laws are not only designed to govern our conduct: they are also
intended to give effect to social policies. For example, some laws provide for
benefits when workers are injured on the job, for health care, as well as for loans
to students who otherwise might not be able to go to university.
Another goal of the law is fairness. This means that the law should
recognize and protect certain basic individual rights and freedoms, such as
liberty and equality. The law also serves to ensure that strong groups and
individuals do not use their powerful positions in society to take unfair advantage
of weaker individuals. However, despite the best intentions, laws are sometimes
created that people later recognize as being unjust or unfair. In a democratic
society, laws are not carved in stone, but must reflect the changing needs of
society. In a democracy, anyone who feels that a particular law is flawed has the
right to speak out publicly and to seek to change the law by lawful means.
Comprehension tasks
1. Agree or disagree with the following statements. Use the phrases: I fully agree
with the statement…; I am afraid I can’t agree with it…; It is wrong … :
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8. Strong-arm tactics may provide a great deal of order ensuring the
operation of society in an orderly manner.
9. Laws should be applied to every person in the society.
10. The only goal of the law is fairness.
Lexical tasks
1. Find in the text the words and word-combinations close in meaning to the
given ones:
2. Give derivatives to the word ‘law’. Use them to fill in the gaps:
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7. We will defend ourselves and our future against terror and _______
violence.
8. There were issues of lawlessness by armed groups.
Grammar practice
1. Look through the text. Find nouns in plural and give their singular forms.
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14. In this country students have an academic year consisting of two
semesters.
15. The lecture lasted for three hours.
16. Young specialists had apprenticeships which lasted four weeks.
17. The procedure which took halve a year to be finished.
UNIT 3
Purpose of Law
to establish - устанавливать
to maintain - поддерживать
offshoot - боковая ветвь
consistent with - совместимый
unavoidable - неизбежный
to restore smb to smth - возвращать к чему-либо
The law serves many purposes and functions in society. Four principal
purposes and functions are: establishing standards, maintaining order, resolving
disputes, and protecting liberties and rights.
Establishing Standards
The law is a guidepost for minimally acceptable behavior in society.
Maintaining Order
This is an offshoot of establishing standards. Some order is necessary in a
civil society and is therefore reflected in law. The law - when enforced -provides
order consistent with society’s guidelines.
Resolving Disputes
Disputes are unavoidable in a society comprised of persons with different
needs, wants, values, and views. The law provides a formal means for resolving
disputes—the court system.
Protecting Liberties and Rights
The constitutions and statutes of the majority of states provide for various
liberties and rights. One function of the law is to protect these various liberties
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and rights from violations or unreasonable intrusions by persons, organizations,
or government.
Purposes of law include: to regulate human relations; to determine
ownership; to control property; to fix parameters of freedom in community and
relationships by restraining anarchy; to produce justice. But as long as we agree
and keep our agreements, we do not need written laws. But if we disagree, we
must have a system designed to restore us to agreement or decide between us so
we do not fall into blood feuds. To have a system we must recognize the need for
a Rule of Law.
Some activities, for instance, are crimes because society (through a
legislative body) has determined that it will not tolerate certain behaviors that
injure or damage persons or their property.
Comprehension tasks
2. Agree or disagree with the following statements. Use the phrases: It can’t
be true because …; One can’t deny that …; It is wrong …; Just the
other way round …;
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3. Disputes are unavoidable in a society comprised of persons with
different needs.
4. The function of the law is to protect various liberties and rights.
5. The law should regulate human relations.
6. The law should not control personal property.
7. We do not need any system to regulate our disputes.
8. We do not need written laws.
9. We use unwritten laws to regulate every-day disputes.
10. Some activities are crimes because society decided so.
Lexical tasks
2. Look through the following Rules of Law. Discuss with your group-mates
which law you find the most amusing or strange one. Prove your point of
view. Use the phrases: It seems to me…; From my point of view …; As I
see it …; One can’t deny that …; I can assure you that … .
Rules of Law
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A transportation law in Texas, the USA: when two trains approach each
other at a crossing, they should both stop and neither shall start up until
the other has gone.
In Waterloo, Nebraska, the USA, it is illegal for barber to eat onion
between 7 a.m. and 7 p.m.
The town council of Widnes, Lancashire, England, introduced a fine of
£5 for those who made a habit of falling asleep in the reading rooms of
libraries.
Duelling in Paraguay is legal as long as both participants are registered
blood donors.
In New York City there is still a law which makes it illegal for women
to smoke in public.
The citizens of Kentucky, the USA, are required by law to take a bath
once a year.
In 1659 it became illegal to celebrate Christmas in Massachusetts.
In New Your State you are not allowed to shoot at a rabbit from a
moving trolley car. You have to get off the car, or wait for it to come to
a complete stop, then fire away.
In Malaysia it is against the law to dance on the backs of turtles.
In Madagascar it is illegal for pregnant women to wear hats or eat eels
(угорь).
In Alaska, the USA, it is illegal to look at a moose (лось) from the
window of an airplane or any other flying vehicle.
It is illegal to hunt camels in the state of Arizona, the USA.
In Indiana, the USA, it is against the law to travel on a bus within four
hours of eating garlic.
During the reign of Elizabeth I, the wearing of hats was made
compulsory in England.
In 1937 in Hungary spring cleaning became compulsory. All lofts
(чердаки) and cellars had to be cleaned.
Grammar practice
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7. This case is very unusual. In fact, our clients are in a very difficult
situation.
8. To settle the problem the judge should take a definite decision.
9. Experts provide proves.
10. The police mission was not the same in ancient societies.
11. Prison officers are people looking after prisoners.
12. The Court of Justice ensures the unity of rules understanding.
13. Her alibi is rather vague.
14. The decision of the court may be disaffirmed.
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other people waiting to make a claim. ____ took a seat and spent
time reading the magazines. ___ waited for almost an hour for ___
turn but ____ never came. So, ____went to the counter to enquire.
The officer was there. But _____ ignored my question. When ____
asked ___ again, _____ very rudely told _____ to sit and wait for
_____ turn. _____ was very annoyed by ____ response. ____
slammed the police station clinic as ____ stormed out.
Tom Where did ______ go after that?
Albert ___ walked down the road and looked for another police station. __
found one after searching for half an hour. _____ went inside and
demanded to see a police officer immediately. The woman-officer
there was sympathetic. _____ immediately registered ____ name and
showed ______ to the officer's- on-duty room.
UNIT 4
inherent - присущий
to subordinate - подчиняться
will - воля, намерение
inseparable - неотъемлемый
Equitable law - право справедливости
Statutory law - статутное право
capricious - непостоянный, своенравный
arbitrary - условный, произвольный
inference - вывод, умозаключение
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There never has existed, and there never will exist, on this planet any
organization of human society, any tribe or nation that has not been more or less
controlled by some recognized form of law.
Jurisprudence is the philosophy of law, or the science which deals with
positive law and legal relations. The study of jurisprudence asks questions as:
What is law? Where does it come from? Why do we have it? When do we first
meet it? Where have you met it?
Law can be spoken of in many different ways: Political, Criminal, Civil,
Equitable, Constitutional, Statutory and Procedural. It can be spoken about as
case precedent or local custom (tradition). It can also be spoken about in a
vertical manner – international, then district, then city, etc.; or repressive,
democratic, autonomous, common, etc. Yet all law will seem arbitrary and
capricious. That is because people make the decisions, not the law. The Law is
not self-acting. Rule of Law asks the question: ‘Are these decisions of people
made in a framework of law or a framework of no law?’
The problem always is: What is an adequate base for law? What is adequate
so that a human desire for freedom can exist without anarchy and yet be gentle
enough to provide a form that will not become arbitrary tyranny?
In law, a question of law, also known as a point of law, is a question that
must be answered by applying relevant legal principles to interpretation of the
law. Such a question is distinct from a question of fact, which must be answered
by reference to facts and evidence as well as inferences arising from those facts.
Answers to questions of law are generally expressed in terms of broad legal
principles and can be applied to many situations rather than be dependent on
particular circumstances or factual situations. An answer to a question of law as
applied to the particular facts of a case is often referred to as a “conclusion of
law”. Resolving questions of law is a chief function of the judge.
Comprehension tasks
1. Study the following cases and decide what belongs to the question of law
and what belongs to the question of fact. Use the phrases: As I see it …;
From my point of view …; It seems to me that …:
In a traffic case:
the question of whether the defendant was speeding would be …
the speeding regulation applied to the parking lot in which the citation
(вызов в суд) was issued would be …
In a labour case:
if an employee claims discrimination based on termination for
alcoholism, the reason for termination would be ...
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if alcoholism is covered as a disability protected by laws preventing
employer discrimination based on disabilities would be ...
3. Speak about the difference between ‘the question of law’ and ‘the question
of fact’. Use the phrases: As I see it …; From my point of view…; I’d like
to draw your attention to …; Frankly speaking… .
Lexical tasks
1. To the rest of the world the English legal profession is very strange
because historically there were two types of lawyers: barristers and
solicitors.
2. Every legal system has many shortcomings.
3. Criminal charges and divorce are normally seen as matters needing
legal help and advice.
4. Not every accident victim has a legal remedy. Some accidents are
nobody’s fault.
5. There is a large information gap in people’s awareness of their legal
rights.
6. Such legal knowledge as people had come largely from newspapers and
television.
7. The new Community Legal Service aims to provide legal information as
well as legal advice and representation.
8. Newspapers regularly carry frightening stories about losers in legal
actions who face bills of thousands of pounds.
9. Legal costs of the lowest income group are paid by the state.
10. Legal aid is usually granted as long as financial test is satisfied.
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Grammar practice
1. Use the sentences in the Past and in the Future as shown in the Model.
1. The economic power in Great Britain _____ (to be) in the hands of the
tiny section of rich property owners.
2. Government departments in Great Britain _____ (to be) responsible for
administration at the national level.
3. The bodies of government in the United Kingdom _____ (to be): a)
those of the legislature, b) those of the executive, and c) those of the
judiciary.
4. The Cabinet and other ministers of the Crown _____ (to be) responsible
for directing national policy.
5. The highest legislative body in Great Britain _____ (to be) the Queen in
Parliament.
6. Great Britain _____ (to be) a parliamentary monarchy.
7. The Queen of Great Britain _____ (to be) not absolute, but
constitutional.
8. The powers of the Queen _____ (to be) hereditary, not elective.
9. The Prime Minister _____ (to be) usually the leader of the party that has
a majority in the House of Commons.
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10. Formal legal rules and actions ______ (to be) distinguished from other
means of social control.
11. Some laws ______ (to be) called to limit the powers.
12. A child who ______ (to be) less than 10 years old _____ not considered
capable of committing a crime.
13. _____ (to be) you a lawyer? No, I _____ (to be) a student of law
faculty.
UNIT 5
hierarchy - иерархия
impartiality - справедливость, беспристрастие
slab - плита
prominence - известность, выдающееся положение
eminent - выдающийся, знаменитый
to disgrace - позорить, бесчестить
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8th century BC: Ancient Greece became the first society based on broad
inclusion of its citizens. This translated to its laws, widely cited as being a major
contributor to the development of democracy.
5th century BC – 6th century AD: The Law of the Twelve Tables was laid
at the foundation of the Constitution of the Roman Republic. The series of
definitions of private rights and procedures was written to stop magistrates
applying the law arbitrarily.
11th century AD: Roman law was rediscovered after much of law code was
replaced by custom and case law during the Dark Ages. The Dark Ages also
caused the collapse of the legal profession in Western Europe. A Europe-wide
Law Merchant was formed allowing merchants to trade according to a common
standard.
12th – 13th century AD : Legal profession returned to prominence due to
renewed efforts by the church and state to regulate it. The world's first university,
the University of Bologna, was set up as a law school. Bologna served as a
model for other law schools of the medieval age.
16th century AD: By this time the legal profession could be subdivided into
two distinct branches; barristers, attorneys and solicitors. Despite there being
many eminent solicitors, there were also ‘pettifoggers’ and ‘vipers’ disgracing
the profession.
18th century AD: Nationalism grew leading and Law Merchant was
incorporated into many countries’ local law.
19th century AD – present: Germanic and Napoleonic codes became the
most influential and make up the majority of European law today.
Comprehension tasks
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7. Do all European countries use the same law?
8. What kind of law is used in your country?
9. When did legal profession appear?
10. When and where were the first specialists in law trained?
11. How could the legal profession be subdivided?
12. Do we have the same subdivision in our country?
2. What period was the most important (most significant, most influential,
less prominent, hardly noticeable) for development of law? Give your
reasons. Use the phrases: As I see it…; One can’t deny that …; I’d like to
draw your attention to …; First of all …; Moreover …; This brings us
to the conclusion that …; To sum everything up… .
Lexical tasks
1. Fined in the text words opposite in meaning to the following ones:
easy disconnected destroy union
narrow original exclusion public
inequity internationalism forbidding unique
The two main traditions of modern European law are the codified legal
_____ of most of continental Europe, and the English tradition ______ case law.
As ______ grew in the 18th and 19th centuries, lex mercatoria was
incorporated into countries' local law under new _____. Of these, the French
Napoleonic Code and the German Bürgerliches Gesetzbuch became the most
_______. As opposed to English common law, which consists of massive tomes
of _______ , codes in small books are easy to export and for judges to apply.
However, today there are signs that civil and common law are converging.
European Union law is codified in treaties, but _______ through the precedent
________ by the European Court of Justice.
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Grammar tasks
In most countries ____ only one legal profession. This means that all
lawyers ____ roughly the same professional education leading to the same legal
qualification.
In England the system ______ different. Solicitors and barristers ______
both qualified lawyers, but they ______ a different legal training, and once they
______ qualified they usually do different types of legal work. This ______ why
it is said that ______ two branches of the legal profession.
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English lawyers ______ either solicitors or barristers. They cannot ______
both at the same time, but it ______ possible for a solicitor to become a barrister
and for a barrister to become a solicitor. Legal executives ______ no rights of
audience, but can appear in front of a judge on uncontested matters.
The legal profession as such ______ never been popular. Indeed, the first
thing revolutionaries usually do on seizing power ______ to overthrow the legal
system, blaming it for all ills. ______ rules of behaviour, codes of professional
conduct, which provide that when lawyers ______ in court they must always
______ courteous to one another.
Many people who ______ legal problems ______ worried about going to a
solicitor for advice because of legal fees they ______ to pay.
3. Fill in the sentences with some, any, no, none. Translate the sentences
into Russian. Mind the translation of there is/are.
1. Why are you looking through the reference book? Are you trying to
find anything/ something to explain the case?
2. He can do the job alone. He doesn’t need anybody else’s / somebody
else’s help.
3. We cannot close our eyes to the facts some / any longer.
4. If anybody / somebody asks about me I’m in the court.
5. I’ve lost my way! Isn’t there anyone / someone who could direct me to
the Parliament?
6. There is hardly anybody / somebody to be seen on the streets of the
centre after dusk.
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7. David decided that he needed to do anything / something constructive
with his life.
8. Will you show me some / any of your latest achievements?
9. Tom was in bad mood and refused to go somewhere / anywhere.
10. Is there any/some place for a person to go if he/she is in danger?
11. Any/some law is to improve the quality of individual life.
5. Complete the letter of complaint using all, some, any, no, none.
Yours sincerely,
Mark Brown
Head of Purchase Department
UNIT 6
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enact - вводить в действие
fine - штраф
provision - положение
paternity - отцовство
presumption of innocence - презумпция невиновности
accused - обвиняемый
reproductive behaviour - репродуктивное поведение
The first legal system of codified law could be found in China, with the
compilation of the Tang Code in CE 624. This formed the basis of the Chinese
criminal code.
Earlier collections of laws include the Code of Ur-Nammu, king of Ur
(2050 BC), the Laws of Eshnunna (1930 BC) and the codex of Lipit-Ishtar of
Isin (1870 BC), while later ones include the Hittite laws, the Assyrian laws, and
Mosaic Law. These codes come from similar cultures in a relatively small
geographical area, and they have passages which resemble each other.
The first real set of codified laws, the Code of Hammurabi, was compiled
by the Babylonian king Hammurabi, and is the earliest known law code.
The Code of Hammurabi is a well-preserved Babylonian code of law of
ancient Mesopotamia, dated back to about 1754 BC (Middle Chronology). It is
one of the oldest deciphered writings of significant length in the world. The sixth
Babylonian king, Hammurabi, enacted the code. A partial copy exists on a 2.25
meter (7.5 feet) stone stele. It consists of 282 laws established standards for
commercial interactions and set fines and punishments to meet the requirements
of justice, adjusting "an eye for an eye, a tooth for a tooth" (lex talionis) as
graded based on social stratification depending on social status and gender, of
slave versus free, man versus woman.
Nearly half of the code deals with matters of contract, establishing the
wages to be paid to an ox driver or a surgeon for example. Other provisions set
the terms of a transaction, the liability of a builder for a house that collapses, or
property that is damaged while left in the care of another. A third of the code
addresses issues concerning household and family relationships such as
inheritance, divorce, paternity, and reproductive behaviour. Only one provision
appears to impose obligations on an official; this provision establishes that a
judge who alters his decision after it is written down is to be fined and removed
from the bench permanently. A few provisions address issues related to military
service.
The Code of Hammurabi was one of the only sets of laws in the ancient
Near East and also one of the first forms of law. The code of laws was arranged
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in orderly groups, so that all who read the laws would know what was required
of them.
The Code of Hammurabi is the longest surviving text from the Old
Babylonian period. The code has been seen as an early example of a fundamental
law, regulating a government, i.e., a primitive constitution. The code is also one
of the earliest examples of the idea of presumption of innocence, and it also
suggests that both the accused and accuser have the opportunity to provide
evidence. Hammurabi’s laws were progressive because according to them the
penalty couldn’t be harder than the crime.
Comprehension tasks
30
2. What is meant by:
presumption of innocence
opportunity to provide evidence
codified law
compilation
"an eye for an eye, a tooth for a tooth"
reproductive behavior
fundamental law
to impose obligations
surviving text
orderly groups
Use the phrases: As far as I know…; If I am not mistaken…; I am not sure, but
I think…; I am sure…
Lexical tasks
1. Find words in the text which have a similar meaning to the words or phrase
below:
Grammar practice
1. Read the adjectives. State the method of Degree of Comparison formation:
many — more — (the) most
wise — wiser — (the) wisest
31
competitive — more competitive — (the) most competitive
clear — clearer — (the) clearest
concise — more concise — (the) most concise
bad — worse — (the) worst
simple — simpler — (the) simplest
complex — more complex — (the) most complex
little — less — (the) least
persuasive — more persuasive — (the) most persuasive
good — better — (the) best
efficient — more efficient — (the) most efficient
far — farther (further) — (the) farthest (furthest)
effective — more effective — (the) most effective
3. Look through the text. Translate the sentences which contain adjectives.
Define the Degree of Comparison.
32
6. (serious) ________ cases are heard in the Crown Court.
7. One of the (rich) _______ areas for theft in those days was the River
Thames.
8. There is no (far) ________ appeal to the House of Lords.
9. A candidate must get not (little) ______ than 5 per cent of the total
votes.
10. One of the (early) _______ cases involving the use of fingerprint
evidence was in 1905.
11. In all parties, a (high) _______ proportion of women is elected to local
councils.
12. The officers will complete a (far) _______ two-weeks’ training.
33
3. She went as far as possible in trying to get the case settled.
4. There's no way she could have done that. She's as innocent as a lamb.
5. The judge feels his evidence is as right as rain.
(i.e. without guilt, can’t see anything, genuine and true, everything in one’s
power, very busy, very free)
UNIT 7
Roman Law
Roman Law is one of the greatest systems that has ever existed. It was
based upon custom. Roman Law has had a strong influence on the law of most
34
European countries and on Anglo-Saxon law, which is the other great law system
of the world. In the eleventh century many European countries began to use
Roman Law in their life. In France, however, until Napoleon enforced the law in
1804, each province had its own laws. The Napoleonic Code was a splendid
achievement, and it has influenced the laws of many countries in Europe and
South America.
Roman law is the legal system of ancient Rome. The development of
Roman law covers more than one thousand years from the law of the twelve
tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around
530).
Roman law in a broader sense refers not only to the legal system of ancient
Rome, but also to the law that was applied throughout most of Western Europe
until the end of the 18th century. The influence of Roman law is shown by the
wealth of legal terminology, retained by all legal systems.
It is impossible to know exactly when the Roman legal system began. The
first legal text, the content of which is known to us in some detail, is the law of
the twelve tables, which dates from the middle of the 5th century BC. The
common people proposed that the law should be written down in order to prevent
magistrates from applying the law in an arbitrary fashion. After years of struggle
the plebeians convinced the patricians to send a delegation to Athens to copy out
the Laws of Solon. Ten Roman citizens were chosen to record the laws. For the
period in which the delegates performed this task, they were given supreme
political power, while the power of the magistrates was restricted. The Law of
the Twelve Tables thus drafted was accepted by the popular assembly. This code
set forth simple rules suitable for an agricultural community; it established equal
law for patricians and plebs and was prized by the Romans as the source of all
public and private law. The legal system established under this code, and the
body of rules that developed around it, applied exclusively to Roman citizens
and was known as the jus civile.
Conquest over the Mediterranean basin compelled the Romans to work out
a new system of law. Each conquered territory had its own system, and a body of
law was required that would be applicable to both citizens and subjects. Between
about 367 BC and 137 AD the new law was developed from the edicts of the
praetor, or magistrate, who defined and interpreted the law in individual cases.
This new legal system was known as the jus gentium. The extension of
citizenship during the years from 100 BC to 212 AD to all free inhabitants of the
Roman Empire made the distinction between the jus gentium and the jus civile
obsolete, and the jus civile of Rome became the law of the empire.
In the 3rd century AD the decrees or laws issued by the emperors gained
increasing importance in the Roman legal system. Around 530 AD emperor
Justinian I appointed a committee of ten jurists to make an official digest of the
35
older law. The law books published by Justinian are collectively known as the
Corpus Juris Civilis.
Early in the 12th century a thorough study of these texts was inaugurated at
Bologna and spread throughout Europe. With the revival of European commerce
and the inadequacy of medieval law to meet the requirements of the changing
economic and social conditions, Roman law became incorporated in the legal
systems of the many continental European countries.
However, Rome’s most important contribution to European legal culture
was not the enactment of well-drafted statutes, but the emergence of a class of
professional jurists and of a legal science. This was achieved in a gradual process
of applying the scientific methods of Greek philosophy to the subject of law, a
subject which the Greeks themselves never treated as a science.
Comprehension tasks
1. Answer the following questions using the information from the text. Start
your answer with the phrase: The text says that…; It is clear from the text
that…; As far as I understood… :
2. Agree or disagree with the following statements. Prove your point of view.
Use the phrases: It is exactly so…, I fully agree…, It can’t be true…, I
disagree…, Just the other way round…, In a way, yes… :
36
6. Conquest over the Mediterranean basin compelled the Romans to work
out a new system of law.
7. Rome’s most important contribution to European legal culture was the
enactment of well-drafted statutes.
8. Rome’s least important contribution to European legal culture was the
emergence of a class of professional jurists and of a legal science.
9. The Greeks themselves never treated applying the scientific methods of
philosophy to the subject of law as a science.
Lexical tasks
1. someone who legally belongs to a particular country and has rights and
responsibilities there, whether they are living there or not;
2. not longer useful because something newer and better has been
invented;
3. decided or arranged without any reason, often unfairly;
4. to include something as part of a group, system, plan etc.;
5. to become known about or used by more and more people:;
6. the ability or right to control people or events;
7. an ordinary person who had no special rank in ancient Rome;
8. to persuade someone to do something;
9. someone who has a very detailed knowledge of law;
10. to write a plan, letter, report etc. that will need to be changed before it is
in its finished form.
2. Find words in the text which have a similar meaning to the words or phrase
below.
37
Grammar practice
1. Comment on the use of the Present, Past or Future Indefinite (Active Voice)
and translate the sentences into Russian:
38
The present British legal system ______(to form) the basis of the Judiciary
– the third branch of government – and _______(to comprise) three separate
systems – that for England and Wales, that for Scotland and that for Northern
Ireland.
The law as a whole _____ (to consist) partly of statutes, or Acts of
Parliament, and partly of common law. An order made by a minister of the
Crown usually ______ (to bring) modern statutes into effect.
By-laws _______ (to be) a form of local legislation designed to regulate
the conduct of members of public.
The authority ________ (to establish) the County Courts for hearing both
criminal and civil cases. Common Law _____(to be) fundamentally judge-made
law and lawyers _______ (to develop) it over many centuries.
By 1250 a common law ______ (to rule) the whole country. The Queen
______ (to sign) the bill and it _______(to become) an Act of Parliament after it
_______ (to pass) in the House of Commons and the House of Lords _____(to
adopt) it.
The spheres of criminal and civil law ______ (to deal) with many concepts
and ideas and ordinary people ______ (not to understand) it easily.
The judges _______ (to make) unwritten Law of England and _______(to
base) it on cases of precedent. It _______ (to express) the sound instincts of the
people, the common sense in human activity and social life.
39
9. Generally we used the word ‘law‘ to indicate all law and we also used it
to mean a single enactment of a lawmaking body, a statute.
10. The criminal law assured a person charged with a crime of a fair and
speedy trial.
11. Parliament makes laws, and they constitute parliamentary or statutory
law.
12. In all societies prescriptive laws regulated relations between people.
13. Members of every community made laws for themselves in self-
protection.
14. The Law embraced all the spheres of production, distribution and
exchange.
15. We will often refer to the law.
UNIT 8
Anglo-Saxon Law
40
with Scandinavian law and the so-called barbarian laws of continental Europe, it
made up the body of law called Germanic law. Anglo-Saxon law was written in
the vernacular and was relatively free of the Roman influence found in
continental laws that were written in Latin. Anglo-Saxon law was made up of
three components: the laws and collections promulgated by the king,
authoritative statements of custom such as those found in the Norman-instituted
Domesday Book, and private compilations of legal rules and enactments. The
primary emphasis was on criminal law rather than on private law, although
certain material dealt with problems of public administration, with public order,
and with ecclesiastical matters.
Before the 10th century, the codes often merely presented lists of
compositions — money paid to an injured party or his family — but by the 10th
century a new penal system had evolved, based on outlawry (declaring a criminal
an outlaw), confiscation, and corporal and capital punishment. By this time there
had also been an increased development of the law relating to administrative and
police functions.
The Anglo-Saxon legal system rested on the fundamental opposition
between folk-right and privilege. Folk-right is the aggregate of rules, whether
formulated or not, that can be appealed to as an expression of the juridical
consciousness of the people at large or of the communities of which it is
composed. The responsibility for the formulation and application of the folk-
right rested, in the 10th and 11th centuries, with the local shire moots
(assemblies). The older laws of real property, succession, contracts, tariffs of
fines were mainly regulated by folk-right; the law had to be declared and applied
by the people themselves in their communities.
Folk-right could, however, be broken or modified by special enactment or
grant, and the foundation of such privileges was royal power. In time the rights
originating in the royal grants of privilege came to outweigh folk-right in many
respects and were the starting point for the feudal system.
Before the 10th century a man's actions were considered not as exertions of
his individual will but as acts of his kinship group. Personal protection and
revenge, oaths, marriage and succession were all regulated by the law of kinship.
The preservation of peace was an important feature of Anglo-Saxon law. Peace
was thought of as the rule of an authority within a specific region. Because the
ultimate authority was the king, there was a gradual evolution of more and more
stringent and complete rules in respect of the king's peace and its infringements.
41
Comprehension tasks
1. Answer the following questions using the information from the text:
2. State if the following is true or false. Use the phrases: I don’t think it is
true…; One can’t deny that…; It is not like that…; I fully agree that… :
Lexical tasks
1. Complete the sentences with the words from the active vocabulary.
42
1. He got a six-year jail sentence, a harsh _______ for a first offense.
2. His elder brother Edwin was next in ______ to the baronetcy, but he
was a total invalid.
3. At that time, a slave was considered ________ .
4. The _________ of peace in the region is the main goal of the UNO.
5. The building ______ are very strict about the materials you can use.
6. Anyone who disobeys this ___________ will be punished.
7. He called the protesters a threat to the social ___________ .
8. At the time, the law gave women very little ___ from violent husbands.
9. _______ punishment is prohibited in schools of the majority of the
states.
2. Find words in the text which have opposite meaning to the words or
phrases below:
Grammar practice
The Alibi
43
Sanders: I _______ (to watch) Wall Street Watch.
Officer: Hmmm… But the electricity ______ (to be) out because of the
blizzard. (снежная буря)
A traffic accident
Reporter: What _____ (to be) the cause of the accident, Officer?
Officer: Well, it ______ (to look) like there _____ (to be) many causes.
First of all, when the accident _______ (to happen), the driver
_____ (to drive) much too fast. The driver ____ (to be) a suspect
in a burglary, and she ______ (to leave) town. While she _____ (to
drive), she _______ (to speak) to someone on her cell phone.
When she _______ (to see) the pedestrian, she immediately _____
(to step) on the brakes, but it _______ (to be) too late. The victim
_____ (not to pay) attention, either. He _______ (to cross) the
street against a red light when the car _______ (to hit) him. He
_______ (not to see) the approaching car because he _______ (to
talk) to his friend. The friend _____ (not to pay) attention, either.
He ______ (to listen) to music with his headphones. When he
_______ (to notice) the car, he _______ (to try) to push his friend
out of the way, but it _______ (to be) too late.
Reporter: How _____ the victim _______ (to do)?
Officer: Well, when the ambulance _______ (to arrive), he _______ (to
bleed) from a head wound, but the doctors _______ (to stop) the
bleeding and they _______ (to think) he ______ (to be) OK.
Policewoman: What time you ______ (to get) home from work?
Mary: At about six o’clock.
Policewoman: And what you _____ (to do) after you get home?
Mary: I ______ (to read) the newspaper.
Policewoman: _______ (to happen) anything while you ______ (to read) the
paper?
Mary: Yes, the phone _______ (to ring).
Policewoman: What you _______ (to do) when your husband ______ (to
come) home?
Mary: I _______ (to watch) TV, and I ______ (to drink) a cup
of coffee.
Policewoman: ______ you and your husband ______ (to stay) at home?
Mary: No, I _______ (to drink) my coffee. Then I _______ (to put)
44
on my raincoat, and we ______ (to go out) at seven o’clock.
Policewoman: Why ____ you _____ (to put) your raincoat on?
Mary: Because it ________ (to rain), of course.
UNIT 9
45
Constitutional law which is the leading branch of the whole legal
system. It deals with frame of society, state structure, organization of
government and legal status of citizens
Administrative law which is a body of rules applicable to the operations
of the executive branch of government
Criminal law which defines the general principles of criminal
responsibility, individual types of crimes and penalties applied to
criminals
Civil law which deals with civil relationships such as citizenship,
marriage, divorce, and certain contractual arrangements
Financial law which regulates taxation, budget, social security,
insurance, pensions, investments and other spheres of financial activity
Labour law which covers matters arising from labour relations of
employees and their employers.
The system of law also distinguishes:
Substantive law which defines the rights and duties of persons; it
determines a wide variety of matters - for example, what is required to
form a contract, what the difference is between larceny and robbery,
when one is entitled to compensation for an injury, and so on
Adjective law (or procedural law) which defines and deals with
procedures for enforcing the rights and duties of persons. The rules of
procedure and jurisdiction determine the court or administrative agency
that may handle a claim or dispute; the form of the trial, hearing or
appeal; the time limits involved; the kinds of evidence that may be
presented
Public law which is that area of law that deals with the state and the
relations of the state with the public. It includes such branches as
constitutional, administrative and criminal law
Private law which involves the various relationships that people have
with one another and the rules that determine their legal rights and
duties among themselves. Private law is sometimes referred to as “civil
law” in its general meaning
International and national law. National law is a set of written and
unwritten rules by which a particular country is governed and the
activities of people and organizations are controlled within a given
state. International law deals with general principles, norms, and
standards that apply between sovereign states and other entities legally
recognized as international actors. International law is the law of the
whole international community.
46
Comprehension tasks
Use the phrases: First of all …; To support this I would say …; From my point
of view… ; As I see it …; Moreover …; Furthermore … .
Lexical tasks
47
4. The gang admitted they had committed four recent bank _________.
5. What is remarkable is that _____ rights in America were achieved in the
1960s.
6. The _________ had been recorded on a concealed security camera.
7. Well I've been trying to say something about our ________ justice
system.
8. Can you give any evidence to support your _________ ?
9. However, many of the cases are related to minor offences such as
loitering (бродяжничество) and __________.
10. The court rejected his ________ that he was denied a promotion due to
discrimination.
11. They asked for the maximum ________ for hoax (ложный) calls to be
increased to one year.
12. The maximum _________ for the offence is a $1000 fine.
Grammar practice
1. Supply the dialogue with questions and answers using the Present Perfect:
Reporter: (you do) Have you done a lot of training this year?
Trish: Yes, I have. I have trained six times a week all year.
Reporter: Who ______________ ( you train) with?
Trish: With my coach, and the team.
Reporter: Where ______________ (you play) this year?
Trish: Mostly in Britain. But (we travel) to Holland.
Reporter : ______________ (you win) many matches?
Trish: Yes, we ______________ .
48
4. Disarm the robber.
5. Find the stolen things.
6. Take the suspect to the police station.
7. Discuss the matter with the solicitor.
8. Tell the criminal of his rights to keep silent.
9. Prepare the description of the suspect.
10. Read for exam.
11. Examine the documents.
12. Compare the fingerprints.
1. The investigator ______ (to question) the prisoner when his attorney
came.
2. The solicitor ______ (to discuss) the matter by the time I got there.
3. The student _______ (to change) his report a lot since the last meeting.
4. Mr Brown ______ (to become) a judge by the 1st of January.
5. He _______ (to study) particular subjects at the university before he
started teaching law.
6. His view ______ (to form) public opinion before everybody realized the
mistake.
7. By the end of the last week they _____ (to resolve) the dispute at last.
8. The Senate ______ (to pass) three property laws before going on
holiday.
9. After they _____ (to finish) analyzing the subject of Contract Law, we
came to an important conclusion.
10. After the policeman _____ (to explain) me everything I realized my
fault.
11. They ______ (to find) the escaped prisoner before the sunset.
12. Peter saw an urgent message on his table. Somebody _____ (to leave) it
the day before.
13. The suspect told the investigator that he _____ (to come back) a
fortnight before.
14. I knew him at once though I _____ (to see) him many years before.
1. Tom ______ (to study) Criminal Law by the end of the first year.
2. By the end of this week the investigator _____ (to collect) all necessary
proves of the suspect’s guilt.
49
3. By the time you come home I _____ (to finish) preparing the report on
enforcement of laws in Canada.
4. No doubt, by the time the police arrive the thief ______ (to escape).
5. I am sure, this important law _______ (to change, to improve) the
situation by summer.
6. We _______ (to get) the results of the expert examination by the end of
the working day.
7. They _____ (to find) the escaped prisoner before he reaches the border
of the state.
8. He ________ (to receive) the judicial decision by tomorrow.
9. The authorities ________ (to inform) him of the penalty by noon.
10. By the 20th of January you ______ (to pass) your examination in
Criminal Procedure, I hope.
11. The commission _________ (to come) to a definite decision in a
month.
UNIT 10
Classifications of Law
contemporary - современный
substantive law - материальное право
procedural law - процедурное право
statute - статут, закон
lawsuit - иск, судебное дело
to breach - нарушать
damages - ущерб, убытки
Every country has its own historically developed system of norms, legal
institutions and branches of law, which regulates different types of social
relations. In order to understand different aspects of a system of law it is
necessary to look at various classifications of law, as branches of law are
traditionally considered to be the most important elements of this system.
Numerous classifications that vary from country to country usually reflect
the peculiarities of different systems of law. Nevertheless, there are the most
50
common divisions singled out by contemporary jurists. Thus law is frequently
classified into public and private and substantive and procedural.
The distinction is often made between public and private law. Public law
governs the relationship between the state and an individual, who is either a
company or a citizen. Public law covers three subdivisions: constitutional,
administrative and criminal law.
The next classification which is widely used is subdivision of law into
substantive and procedural.
There are many laws and legal rules found in statutes, cases decided by
courts (legal precedents) and other sources that are applied by courts in order to
decide lawsuits. These rules and principles of law are classified as substantive
law.
On the other hand, the legal procedures that provide how lawsuit is begun,
how the trial is conducted, how appeals are filed, and how a judgment is
enforced are called procedural law. In other words, substantive law is the part of
the law that defines rights, and procedural law establishes the procedures which
enforce and protect these rights. For example, two parties entered into a contract,
but then one of the parties breached this contract. The rules of bringing the
breaching party into court and the conduct of the trial are rather mechanical and
constitute procedural law.
Whether the agreement was enforceable and whether the other party is
entitled to damages are matters of substance and will be determined on the basis
of the substantive law of contract.
Comprehension tasks
1. Answer the following questions. Give as full answer as possible. Give your
own point of view. Use the phrases: As I see it…; It seems to me that…;
The fact is ….; Frankly speaking….; To put it simply…. .
51
11. What is the part of the law that defines rights?
12. What is the part of the law which establishes the procedures which
enforce and protect these rights.
2. What is a “system” in its general meaning? What do you know about the
system of law in our country? Use the phrases: I’d like to start with the
fact that …; First of all …; Furthermore …; I’d like to draw your
attention to …; As to …; To sum everything up … ; Finally…. .
Lexical tasks
52
c. _______ deals with the legal forms of concrete executive and
administrative activity of government and ministries.
d. _______ regulates the budget, taxation, state credit,...
e. _______ is connected with relations involving property ...
f. _______ include the legislation on the labour of industrial and office
workers … .
g. ________ defines the general principles of criminal responsibility ...
Grammar practice
Olga: Rose! What are you doing here? I ___________ (wait) for you for
hours!
Rose: I’m sorry, Olga. I __________ (try on) these clothes for two hours.
And I haven’t decided vet.
1. Sally ___________ (to read) this text for three hours before Mark came.
2. Anthony _________ (to wait) for his airplane for five hours when its
delay was announced.
3. I ______ (to write) a law report for half an hour when I realized that it
was not my theme.
4. Sam did not even realize what a hard time Molly ______ (to have).
5. Rita _______ (to train) for a year and she was very fit when she was
admitted to the University volleyball team..
6. Rachel _________ (to read) for exam in criminal law since early
morning.
7. Paul and Molly ___________ (to talk) on the phone for an hour when
the line broke.
53
8. How long ____________ you_________ (to watch) TV before you
decided to go to bed?
9. Steven felt tired as he __________ (to sail) for several hours.
10. Zina __________ (to try) to find her mother for years but she failed.
11. He _______(to follow) a thief for an hour before the thief was arrested.
12. A doctor _______ (to examine) the victim for ten minutes when the
victim fainted.
1. A murderer _________ (to keep) victims for 24 hours by the time you
start hostage (заложник) release.
2. Detective Smart _____ (to question) the accused for about three hours
by the midday.
3. In some minutes, Fred _______ (wait) for two hours already.
4. They _______ (to discuss) the new law for five hours by 6 p.m.
5. If Melissa is still on the phone at 5 p.m., Fred ________ (to talk) to her
for over six hours.
6. How long _______ (to hold) you the position of the assistant prosecutor
by the end of this year?
7. It’s unbelievable! The accused ______ (to remain) silent for three days
by this morning.
8. If nobody stops Fred, he _________ (grumble) till night.
9. They ______ (to inspect) the place of murder for half a day when I call
to inform the chief inspector.
10. Detective Smart ______ (to question) the accused for about three hours
by the midday.
UNIT 11
Spheres of Law
mediator - посредник
title - право собственности
tenant - арендатор
compliance - соответствие
to prosecute - преследовать в судебном порядке
54
perpetrator - нарушитель, преступник
to impose - налагать
common law - общее право
tort - деликт, гражданское правонарушение
55
constitutional, administrative and criminal law), and "private law" (which covers
contract, tort and property). In civil law systems, contract and tort fall under a
general law of obligations, while trusts law is dealt with under statutory regimes
or international conventions. International, constitutional and administrative law,
criminal law, contract, tort, property law and trusts are regarded as the
"traditional core subjects", although there are many further disciplines.
Comprehension tasks
1. Say if the following statements are true or false. Use the following phrases: It
is true…; One can’t deny that …; It can’t be true because…; It is obviously
false …; I do not agree…; I fully agree… .
56
4. When someone captures you and demands money for your release.
5. When someone attacks you in the street and takes your money.
6. When someone writes something false and offensive about someone
that is damaging to a person's reputation
7. When someone demands payment or another benefit from someone in
return for not revealing compromising or damaging information about
them.
8. When someone moves the goods into or out of a country illegally.
9. When someone sells illegal drugs.
10. When someone works for a government or other organization by
secretly obtaining information about enemies or competitors.
11. When someone deliberately sets fire to someone else’s property.
12. When someone entries to another person's land or property without
permission.
13. When someone unlawfully seizes an aircraft, vehicle, or ship while in
transit.
14. When someone kills a human being without malice aforethought, or in
circumstances not amounting to murder.
15. When someone copies or imitates a document, signature, banknote, or
work of art.
16. When someone performs wrongful or criminal deception intended to
result in financial or personal gain.
17. When someone steals goods from a shop while pretending to be a
customer.
Lexical tasks
1. Match the title and definition:
1. Contract law a. deals with wrongs committed by one
individual against another individual,
individual's property or reputation.
2. Property law b. deals with binding agreements
between people or companies.
3. Real estate law c. concerns arrangements when a person
administers property for another
person's benefit.
4. Employment law d. is concerned with the relations
between workers and their employers
their contracts, conditions of work
5. Law of Torts e. involves land or construction ownership,
development, litigation, tenant rights,
or landlord disputes
57
6. Law of Trust f. the branch of law dealing with issues
relating to land and houses
Grammar practice
1. They _____ (to finish) the examination when the chief expert _____ (to
ask) for the results.
2. There _____ (to be) no courts in ancient societies.
3. The policemen _____ (to follow) the criminal for two hours by the
moment the Prosecutor General _____ (to wander) about the results.
4. By the time the train reached the city, he _____ (to receive) five calls
informing him of robbery from the bank.
5. God’s will _______ (to reveal) in natural phenomena: rain, snow, and
wind.
6. When we _____ (to come) into the room, the last meeting of the
Supreme Court _______ (to finish).
7. Revenge _____(to be) a major component of early law.
8. The witnesses _____ (to present) their evidence in an hour.
9. He _____ (to accept) any possible penalty when the officer _____ (to
start) to tell him of his rights.
10. After the Norman Conquest English courts _____ (to begin) to take part
in lawmaking.
11. We _____ (to pass) through the Red channel when the immigration
officer _________ (to ask) us to return.
12. Robber _____ (to be) a person who_____ (to steal) money from a
person or place, especially by violence or threat.
13. He _______(to be) a real criminal, he _____ (to breach) the law twice
already.
14. He _____ (to hear) just that his wife is accused of larceny. He can’t
believe it.
15. They _____ (to select) the trial jury by the end of the week.
16. They _____ (to enter) the UK and _____ (to get) permission to stay a
stated length of time.
17. They ______ (to inspect) the place of murder for half a day when I
_______ (to call) to inform the chef investigator.
2. Use the appropriate form of the verb:
Roman Law, which _____ (to evolve) in the 8th century BC, ______ (to be)
still a blend of custom and interpretation by magistrates of the will of the gods.
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Common law _____ (to evolve) from the tribal and local laws in England.
It _____ (to begin) with common customs, but over time it _____ (to involve)
the courts in lawmaking that _____(to be) responsive to changes in society. In
this way the Anglo-Norman rulers _____ (to create) a system of centralized
courts that _____ (to operate) under a single set of laws that _____ (to replace)
the rules of earlier societies.
Napoleonic Code _____ (to refer) to the body of French law, contained in
five codes dealing with civil, commercial, and criminal law.
UNIT 12
Civil Law
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precedential authority to prior court decisions, on the principle that it is unfair to
treat similar facts differently on different occasions (doctrine of judicial
precedent, or stare decisis).
The term civil law also applies to all legal proceedings (whether taking
place in a civil law or a common law system) that are not criminal in nature.
Under this definition laws regulating marriage, contracts, and payment for
personal injury are examples of civil law.
Historically, a civil law is the group of legal ideas and systems ultimately
derived from the Corpus Juris Civilis, but heavily overlaid by Napoleonic,
Germanic, canonical, feudal, and local practices, as well as doctrinal strains such
as natural law, codification, and legal positivism.
Conceptually, civil law proceeds from abstractions, formulates general
principles, and distinguishes substantive rules from procedural rules. It holds
case law secondary and subordinate to statutory law. Civil law is often paired
with the inquisitorial system, but the terms are not synonymous.
In their technical, narrow sense, the words ‘civil law’ describe the law that
pertains to persons, things, and relationships that develop among them, excluding
not only criminal law but also commercial law, labor law, etc.
The civil law tradition makes a sharp distinction between private and public
law. Private law is the law that governs relations between private citizens and
private businesses. Public law regulates the relations between organs of the
government and between the government and private citizens. Public law
consists of matters that concern the government: constitutional law, criminal law,
and administrative law, it also includes taxation and business licensing. In many
countries with civil law systems, two sets of courts exist—those that hear public
law cases and those that address matters of private law.
Comprehension tasks
1. Answer the following questions. Give as full answers as possible. Use the
phrases: As I see it…; As far as I know…; It seems to me that …; If I am
not mistaken…; I am sure that … .
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2. Say if the following information is present in the text:
4. Are there any laws you would like to introduce in your country? Give
your reasons. Use the model. Think about:
5. Write several new laws for your country. Prove that your country can’t do
without them. Use the phrases: It’s impossible to imagine …; …. is
essential for …; To make our life better (safer, easier) … .
Lexical tasks
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1. Look at the categories of civil law and match them with the definitions
provided below:
1. Maritime law
2. The law of tort
3. Business and company law
4. Contract law
5. The law of equity & trusts
6. IT law
7. Intellectual property law
8. Family law
9. Employment/labour law
10. The law of real property/conveyance
a. The law that deals with the protection of the rights of inventors (who
b. might invent a new drug or machine) or artistes (who might write a
book or a song).
c. The law that deals with situations where someone has control of
property for a period of time and must look after it for the benefit of
someone else.
d. The law that deals with events such as divorce and the custody of (the
right to look after) children.
e. The law that deals with everything connected with information and how
it is passed between people, especially by means of the Internet.
f. The law that deals with land, including transferring the ownership of
buildings or land from one person to another.
g. 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.
h. 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.
i. The law that deals with people’s rights, pay or conditions in the
workplace.
j. 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.
k. The law that deals with everything connected with the sea or ships.
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2. Look at the situations below and decide which area of civil law is relevant.
a. Anna agreed to pay Paul £4000 to landscape the garden at her new
house. Paul has now finished the work but Anna says she is not satisfied
with it and she has refused to pay him.
The area of law is _______________
c. Daniel wants his two-year old grandson, 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.
The area of law is _______________
d. Emily has been in hospital and has been very ill 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.
The area of law is _______________
e. Bill has been married to Ruth for 14 years. However, he now wishes to
leave Ruth and live with Jane. Bill and Ruth cannot decide how to share
their property between them.
The area of law is _______________
f. Phillip has received an offer to buy his house, but there is a problem
with the exact position of the boundary. The buyer's solicitor must
check this before the contract is signed.
The area of law is _______________
g. Elisabeth’s company transports goods from 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.
The area of law is _______________
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h. David has been using the Internet to send a lot 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.
The area of law is ___________
Grammar practice
1. Use passive sentences in the Past and in the Future as shown in the Model.
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11. The case is studied.
12. The problem is investigated.
2. Translate the sentences used in the Passive Voice. Make the sentences
interrogative and negative.
1. The Law is defined as a set of rules which form the pattern of behaviour
of a given society.
2. The Law is based upon the recorded experiences of society and the
community in their efforts to define and regulate the relationships
between their members.
3. In ancient times laws were derived from old customs and in some cases
were codified by the order of a strong ruler, and then they became
known under the ruler’s name, like Hammurabi’s Code of Laws or
Justinian’s Digest.
4. Though in many cases the names of ancient lawgivers are unknown,
their teachings have been known to millions of people.
5. It seems that the Ten Commandments (заповедь) from the Bible are
known to all people, both religious and non-religious.
6. Besides strictly religious commandments, there are those that are
willingly accepted by most people: to show honour and devotion to our
parents, not to murder, not to be unfaithful to our spouses, not to steal,
not to bear false witness, not to desire greedily anything that belongs to
our neighbours.
7. Another ancient law the initiator of which is unknown is the law of the
talion (возмездие): an eye for an eye, a tooth for a tooth.
8. In Anglo-Saxon Law the death penalty has been considered a customary
response to certain kinds of offence.
9. Nowadays legislators are members of legislature who are empowered to
make, change or repeal (отменять) the laws of the country or state and
levy taxes.
10. Civil law system is based on Roman law and the French Napoleonic
Code, the German and Swiss Codes.
11. In civil law countries legislation is seen as the primary source of law.
3. Express the same idea using the Passive Voice and translate the sentences
into Russian.
Model: The society has established the criminal law to maintain peace
and order. (The criminal law …)
The criminal law has been established to maintain peace and
order.
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1. A governing power establishes laws to maintain peace, secure justice
for its members, define the legal rights of the individual and
community, and to punish offenders for legal wrongs.
2. The civil law is the portion of the law which defines and determines the
rights of the individual in protecting his/her person and his/her property.
3. The criminal law protects society and the community from the injurious
and harmful acts of individuals.
4. People use the word ‘law‘ to mean many things.
5. Generally we use the word ‘law‘ to indicate all law and we also use it to
mean a single enactment of a lawmaking body, a statute.
6. The criminal law assures a person charged with a crime of a fair and
speedy trial.
7. Parliament makes laws, and they constitute parliamentary or statutory
law.
8. In all societies prescriptive laws regulate relations between people.
9. Members of every community have made laws for themselves in self-
protection.
10. The Law embraces all the spheres of production, distribution and
exchange.
11. The Law lays down the measures for combating encroachment
(нападение) on the state system and the existing order of social
relations.
12. We often refer to the law.
UNIT 13
Criminal Law
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minor assaults - незначительные нападения
petty theft - мелкая кража
manslaughter - непредумышленное убийство
arson - поджог
conspiracy - тайный сговор
incapacitation - лишение прав
attempt - покушение
Criminal law is the body of law that relates to crime. It proscribes conduct
perceived as threatening, harmful, or otherwise endangering to the property,
health, safety, and moral welfare of people inclusive of one's self. Most criminal
law is established by statute, which is to say that the laws are enacted by a
legislature. Criminal law includes the punishment and rehabilitation of people
who violate such laws. Criminal law varies according to jurisdiction, and differs
from civil law, where emphasis is more on dispute resolution and victim
compensation, rather than on punishment or rehabilitation. Criminal procedure is
a formalized official activity that authenticates the fact of commission of a crime
and authorizes punitive or rehabilitative treatment of the offender.
There are various theories for why we have a criminal law system. The
main theories for criminal law include: to deter crime, to reform the perpetrator,
to provide retribution for the act, and to prevent further crimes.
There are two types of criminal laws: misdemeanors and felonies. A
misdemeanor is an offense that is considered a lower level criminal offense, such
as minor assaults, traffic offenses, or petty thefts. The penalty for the
misdemeanor crime is typically not very strict.
In contrast, felony crimes involve more serious offenses. Some examples of
felonies include murder, manslaughter, dealing drugs, rape, robbery, and arson.
Other concerns of criminal law are conspiracy, a rather broad term that
denotes agreement between two or more individuals to commit a crime, and
attempt. The definitions of attempt varies from one legal system to another, but
essentially it is preparation for criminal action that has gone beyond a legally
defined point.
All criminal law statutes contain two distinct parts. The first of these parts
is the mens rea, which is the mental state that one must possess when committing
a crime. For example, if one commits murder, it is necessary that the party
committing the murder intended to engage in the act. This intention is the mens
rea of the crime of murder.
The other part of a criminal statute is the actus reus. This portion of the
criminal statute refers to the action taken by the perpetrator. For instance, in a
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drug dealing case, in order to charge the perpetrator with the crime the
perpetrator must have actually sold the drugs. This is the action required for the
criminal statute’s actus reus to exist.
There are five widely accepted objectives for enforcement of the criminal
law by punishments: retribution, deterrence, incapacitation, rehabilitation and
restoration. Jurisdictions differ on the value to be placed on each.
Criminal law is distinctive for the uniquely serious, potential consequences
or sanctions for failure to abide by its rules.
Comprehension tasks
68
Lexical tasks
69
Grammar practice
1. Use the verbs given in brackets in the Passive Voice. Translate the sentences.
1. With few exceptions, judges never _____ (to like) to see themselves as
creators of laws regarding that as the province of Parliament.
70
2. However, over the centuries judges _____ (to be) responsible for
making a great deal of law, and senior judges still _____ (to do) so. If
not, how could the common law _____ (to develop)?
3. The present British legal system ______ (to form) the basis of the
Judiciary – the third branch of government – and _____ (to comprise)
three separate systems – that for England and Wales, that for Scotland
and that for Northern Ireland.
4. The law as a whole ____ (to consist) partly of statutes, or Acts of
Parliament, and partly of common law.
5. Modern statutes usually _____ (to bring) into effect by an order made
by a minister of the Crown.
6. By-laws are a form of local legislation and _____ (to design) to regulate
the conduct of members of public.
7. The County Courts _____ (to establish) for hearing both criminal and
civil cases.
8. Common Law _____ (to be) fundamentally judge-made law which
_____ (to develop) over many centuries.
9. By 1250 a common law _______ (to promote) and _____ (to rule) the
whole country.
10. The Queen_____ (to sign) the bill and it _____(to become) an Act of
Parliament after it _____ (to pass) in the House of Commons and
______ (to adopt) in the House of Lords.
11. The spheres of criminal and civil law_____ (to deal) with many
concepts and ideas that not always easily ______ (to understand) by
ordinary people.
12. The unwritten Law of England _____ (to make) by judges and _____
(to base) on cases of precedent. It _____ (to express) the sound instincts
of the people, the common sense in human activity and social life.
3. Give answers to the following questions using the Passive Voice. Start
your answer with the phrase: If I am not mistaken…; It seems to me
that…; If I may put it like this…:
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7. Why is the English system called the Common Law system? Is it
applied throughout the country?
8. What law is used by the countries which were colonized at some time
by Britain?
9. What is Civil Law system based on?
10. What are the judgments of courts in civil law countries based on?
11. Who are common law judges selected of?
UNIT 14
1. Answer the following questions. Start your answer with the phrase: As for
me…; As far as I am concerned…; It is a common knowledge that…; As far
as I know…:
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to testify - давать показания
to direct - приходить к заключению
When the world was at a very primitive stage of development there were no
laws to regulate life of people. If a man chose to injure another person or if a
person succeeded in stealing someone else’s property that was their own
business and no one interfered officially.
But things never stay the same. The life has changed. We live in a
complicated world. Scientific and social developments increase the tempo of our
daily living activities, make them more involved. Now we need rules and
regulations which govern our every social move and action. We have made laws
of community living.
Though laws are based on the reasonable needs at the community we often
don’t notice them. If our neighbour plays loud music late at night, we probably
try to discuss the matter with him/her rather than to consult the police, the lawyer
or the courts. When we buy a TV set, or a train ticket or loan money to
somebody a lawyer may tell us it represents a contract with legal obligations. But
to most of us it is just a ticket that gets us on a train or a TV set to watch.
Only when a neighbour refuses to behave reasonably or when we are
injured in a train accident, the money wasn’t repaid, the TV set fails to work and
the owner of the shop didn’t return money or replace it, we do start thinking
about the legal implications of everyday activities.
You may wish to take legal action to recover your loss. You may sue
against the person who didn’t pay his/her debt. Thus you become a plaintiff and
your opponent is a defendant. At the trial you testified under oath about the loan.
Your opponent, in his/her turn, claimed that it was a gift to him/her, which was
not to be returned. The court after listening to the testimony of both sides and
considering the law decided that it was a loan and directed that judgment should
be entered in favour of you against your opponent.
Some transactions in modern society are so complex that few of us would
risk making them without first seeking legal advice. For example, buying or
selling a house, setting up a business, or deciding whom to give our property to
when we die.
On the whole it seems that people all over the world are becoming more
and more accustomed to using legal means to regulate their relations with each
other. Multinational companies employ lawyers to ensure that their contracts are
valid whenever they do business.
Comprehension tasks
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1. Say if the following is true or false. Use the phrases: I think it is true...;
The text tells us that …; To my mind, it is false because …:
1. Were there any laws when the world was at a very primitive stage of
development?
2. Why do we need rules and regulations nowadays?
3. Do we notice laws? Why?
4. When do we start thinking about the legal implications of our everyday
activities?
5. In what case may we sue against an opponent?
6. Where do we testify under oath?
7. In what cases do people seek legal advice?
8. Why do companies employ lawyers?
Lexical tasks
1. Fill in the gaps with the words from the text. The words should match the
definitions.
1. ___________ is the party that is accused in court of a crime or a
civil offence.
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2. ___________ is the party that starts or carries out civil proceedings.
It is usually a private citizen or a company.
3. ___________ is a civil legal proceeding against someone.
4. ___________ is an official court decision on the case.
5. ___________ are an official body whose job is to make sure that
people obey the law, to catch criminals, and to protect people and
property.
6. ___________ is someone whose job is to advise people about laws,
write formal documents or represent people in court.
7. ___________ is a house or a room where all the information about
the crime is given so that it can be judged.
8. ___________ is a sum of money that you owe somebody.
9. ___________ is a formal statement that something is true, such as
the one a witness makes in a court of law.
10. ___________ is money that has been lost by a business, person or
government.
11. ___________ is a legal means regulating relations between
companies.
1. Read the sentences. Explain the meaning of modal verbs and their
equivalents can/could, must, to have to, to be to, may/might, should,
ought to, shall. Translate the sentences into Russian.
75
6. The House of Representatives can also impeach the President.
7. The President is to carry out the programs of the Government.
8. All citizens of the Russian Federation shall enjoy equal rights.
9. The Monarch must give the Royal Assent before a Bill can become a
legal enactment (Act of Parliament).
10. The British are divided on the issue whether the Monarchy should last.
11. The Speaker of the House of Commons has to be completely impartial.
12. Students ought to treat professors with respect.
13. Shall I pay the rent monthly? No, you needn’t. We charge rental
payments once a year.
14. You should do your best to learn legal terminology.
15. Trade secret needn’t be registered.
16. All citizens must observe laws.
17. The US President shall be elected every 4 years.
2. Fill in the gaps with the proper modal verb or its equivalent:
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UNIT 15
Legal Profession
77
examinations to qualify; and once they have been qualified, they usually do
different types of legal work.
Many solicitors deal with a range of legal work: preparing cases to be tried
in the civil or criminal courts; giving legal advice in the field of business and
drawing up contracts; making all the legal arrangements for the buying and
selling of land or houses; assisting employees and employers; making wills.
Barristers are mainly “courtroom lawyers” who actually conduct cases in
court. Unlike solicitors, they have rights of audience (rights to appear) in any
court of the land, and so barristers are those lawyers who appear in the more
difficult cases in the higher courts.
The educational requirements to becoming a lawyer vary greatly from
country to country. In some countries, law is taught by a faculty of law, which is
a department of a university's general undergraduate college. Law students in
those countries pursue a Bachelor (LLB) or a Master (LLM) of Law degree. In
some countries it is common or even required for students to learn another
bachelor's degree at the same time. Besides it is often followed by a series of
advanced examinations, apprenticeships, and additional coursework at special
government institutes. In other countries, particularly the United States, law is
primarily taught at law schools. Most law schools are part of universities but a
few are independent institutions. Law schools in the United States (and some in
Canada and elsewhere) award graduating students a J.D. (Juris Doctor/Doctor of
Jurisprudence) as the practitioner's law degree (a professional degree). However,
like other professional doctorates, the J.D. is not the exact equivalent of the
Doctor of Philosophy (Ph.D.), a university degree of the highest level, since it
does not require the submission of a full dissertation based on original research.
The methods and quality of legal education vary widely. Some countries
require extensive professional training in the form of apprenticeships or special
courses. Many others have only lectures on highly abstract legal doctrines, which
force young lawyers to figure out how to actually think and write like a lawyer at
their first apprenticeship (or job).
In most common law countries lawyers have many options over the course
of their careers. Besides private practice, they can always aspire to becoming a
prosecutor, government counsel, corporate in-house counsel, judge, arbitrator,
law professor, or politician.
In most civil law countries, lawyers generally structure their legal education
around their chosen specialty; the boundaries between different types of lawyers
are carefully defined and hard to cross. After one earns a law degree, career
mobility may be severely constrained.
78
Comprehension tasks
1. What is a lawyer?
2. How is a lawyer known as?
3. What is a lawyer’s role?
4. How many professions are there?
5. What are the main duties of a barrister?
6. What are the main duties of a solicitor?
7. Do educational requirements to becoming a lawyer vary from country to
country?
8. Where can a lawyer work?
Lexical tasks
1. Match the words from two columns to get the word-combination used in
the text. Use them in sentences of your own:
79
2. Choose the right term:
1. Prosecutor ___________________________________________
2. Government counsel ___________________________________
3. Corporate in-house counsel ______________________________
4. Judge _______________________________________________
5. Arbitrator ____________________________________________
6. Law professor ________________________________________
7. Politician ____________________________________________
8. Courtroom lawyer _____________________________________
9. Barrister _____________________________________________
10. Solicitor _____________________________________________
11. Advocate ____________________________________________
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Grammar practice
1. Fill in the gaps with the right modal verb or its equivalent:
Model: May (can, must) I take the document? – No, you may not (can’t,
needn’t). I am working at it.
81
6. Have the right of audience to speak in a court
7. Master specific courses to qualify as a lawyer
8. Master Latin terms and phrases to be a success in a court
9. Use specific language to compile law documents
10. Develop keen listening skills
11. Master fundamentals of basic law disciplines
12. Submit claims to different types of court
UNIT 16
Legal Skills
scope - возможности
excel - выделяться
to advocate - отстаивать
keen - хороший
motion - ходатайство
brief - краткое письменное изложение дела с привлечением
фактов и документов, с которыми сторона выступает в
суде
to assimilate - усваивать
to draft - составлять
inference - заключение
billable hours - оплачиваемые часы
to bill time - выставлять счет
topnotch - превосходный, первоклассный
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Convey information in a clear, concise, and logical manner
Communicate persuasively
Advocate a position or a cause
Master legal terminology
Develop keen listening skills.
2. Written Communication
From writing simple correspondence to drafting complex legal documents,
writing is an integral function of nearly every legal position. Legal professionals
must:
Master the stylistic and mechanical aspects of writing
Master the fundamentals of grammar
Learn how to write organized, concise and persuasive prose
Draft effective legal documents such as motions, briefs, memos,
resolutions and legal agreements.
3. Client Service
In the client-focused legal industry, serving the client honestly, capably and
responsibly is crucial to success.
4. Analytical and Logical Reasoning
Legal professionals must learn to review and assimilate large volumes of
complex information in an efficient and effective manner. Legal analytical and
logical reasoning skills include: reviewing complex written documents, drawing
inferences and making connections among legal authorities; developing logical
thinking, organization and problem-solving abilities; structuring and evaluating
arguments; using inductive and deductive reasoning to draw inferences and reach
conclusions.
5. Legal Research
Researching legal concepts, case law, judicial opinions, statutes, regulations
and other information is an important legal skill.
6. Technology
Technology is changing the legal landscape and is an integral part of every
legal function. To remain effective in their jobs, legal professionals must master
communications technology including e-mails, voice messaging systems,
videoconferencing and related technology.
7. Knowledge of Substantive Law and Legal Procedure
All legal professionals, even those at the bottom of the legal career chain, must
have basic knowledge of substantive law and legal procedure.
8. Time Management
In a profession based on a business model (billable hours) that ties
productivity to financial gain, legal professionals are under constant pressure to
bill time and manage large workloads.
9. Organization
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In order to manage large volumes of data and documents, legal professionals
must develop topnotch organizational skills.
10. Teamwork
Legal professionals do not work in a vacuum. Even solo practitioners must
rely on secretaries and support staff and team up with co-counsels, experts to
deliver legal services.
Comprehension tasks
Grammar practice
1. Comment on the use of the Sequence of Tenses and translate the sentences
into Russian:
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4. It was announced that the delegation was arriving on time.
5. The judge said that the witness had already been interviewed.
6. Everybody believed the man would be brought to trial.
7. He hoped she was represented by her lawyer.
8. We wanted to know how many cases were tried by a judge monthly.
9. The investigator acknowledged that his work would be of great
significance for the coming trial.
10. He said that he had passed his exam in Administrative Law two years
before.
11. The public was informed that the defendant had been found guilty and
imprisoned in accordance with the law.
12. The article said that capital punishment would be abolished the next
year.
13. We were told that the verdict was still being discussed by the jurors.
2. Use the right form of the verb. Mind the Sequence of Tenses:
3. Make sure you got the meaning right; mind the sequence of tenses:
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Did I get you right? You said that you had lectures on Civil Law
twice a week.
Yes, that’s what I said (what I meant, what I had in mind).
Lexical tasks
1. Look through the given definitions and match them with the terms
presented in the box:
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8. The ability to use your time productively and efficiently. _________
2. Discuss with your group-mate the role of law in a modern society. Use the
phrases: First of all…; Let me start with …; I’d like to draw your
attention to the fact that…; Let us move on to …; Furthermore…; One
more thing to be discussed …; To sum everything up … .
3. There are different branches of law. What is the reason to have so many of
them? Give as full answer as possible. Use the phrases: From my point of
view…; As far a I know…; I am sure … .
UNIT 17
Progress Test
The English common law originated in the early Middle Ages in the King’s
Court (Curia Regis), a single royal court set up for most of the country at
Westminster, near London. Like many other early legal systems, it did not
originally consist of substantive rights but rather of procedural remedies. The
working out of these remedies has, over time, produced the modern system in
which rights are seen as primary over procedure. Until the late 19th century,
English common law continued to be developed primarily by judges rather than
legislators.
The common law of England was largely created in the period after the
Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of
Alfred the Great (871), had developed a body of rules resembling those being
used by the Germanic peoples of northern Europe. Local customs governed most
matters, while the church played a large part in government. Crimes were treated
as wrongs for which compensation was made to the victim.
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2. Choose the right answer:
1. What is the main function of law?
a. to protect our life;
b. to protect our property;
c. to protect our reputation
3. Match the definitions on the right with the terms on the left.
1. law a) an official rule that all the citizens of the country must obey
2. benefit b) to take something that doesn't belong to you
3. protection c) the crime of taking money or other things from a bank, shop,
especially by using threats or violence
4. murderer d) advantage, profit, help
5. advocate e) generally accepted behavior in a social group
6. imperfect f) keeping safe from harm, illness or danger
7. custom g) a professional in the field of law
8. robbery h) someone who has deliberately killed another person
9. steal i) not complete
10. rely on j) depend on with confidence
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APPENDIX A
Master grammar
The Noun
1. Each ... country in ... world has its own ... system of ... law.
2. Before ... William of ... Normandy invaded ... England in 1066,
law was administered by ... series of local ... courts and no ... law
was common to ... whole ... kingdom.
3. ... doctrine of ... precedent is still ... central ... feature of modern
common ... law ... systems.
4. ... courts of ... equity were otherwise known as ... Courts of
... Chancery and began to be developed from around ... 14th
century.
5. County ... courts in ... England and ... Wales deal mainly with
... claims regarding ... money, but also family ... matters, ...
bankruptcies and ... claims concerning ... land.
6. Continental ... systems are sometimes known as codified legal ...
systems.
7. ... solicitor deals with ... great number of ... problems.
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9. The district court is the primary link of the RF judiciary, over 96 per
cent of all civil and criminal cases being heard at this level.
10. The accused persons should be informed of having the right to defence.
11. Both crimes were committed by the same person.
12. The victim of the crime was interviewed by the policeman.
3. Read and translate the following word combinations paying attention to the se
of the possessive construction:
that judge’s cases; my brother’s favourite sport; these two countries’ economy;
the public’s role; that man’s name; university’s computer centre; those children’s
parents; the court’s decisions; the Procurator’s Office; the deputy’s work; the
deputies’ reports; the prosecutor’s powers; people’s rights and duties; the
peoples’ fight for their liberation; two months’ programme; scientists’ work;
court’s room; my friend’s family.
The Pronoun
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2. Choose the correct pronoun:
To be, To have
1. Fill in the gaps with to be or to have in the appropriate form; translate the
sentences into Russian:
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5. Under the law every citizen ... the right to elect and be elected.
6. An accused person ... the right to be defended by barristers.
7. I ... very busy today. I ... a lot of work to do.
8. ... you a lawyer? No, I ... a student of law faculty.
9. Police ... a wide range of activity. First of all they ... to see to
it that all citizens observe laws.
10. The most common sentences in Britain ... fines, prison and probation.
11. In the UK offenders between 10 and 17 ... tried by special
juvenile courts.
12. Magistrates ... not legally qualified, i.e. they ... laypersons (a person
without professional or specialized knowledge in a particular subject).
13. Mr. Taylor ... no proof that she ... guilty of the theft of confidential
documents.
14. When all the evidence ... in, the jury retires to the jury-room
to consider the verdict.
15. In Great Britain a child does not ... full legal status until the
age of 18.
16. A child who ... less than 10 years old ... not considered capable of
committing a crime.
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12. There was absolutely nothing I could do to prevent him from signing
the documents.
13. There has never been any doubt that the election will be held next
month.
17. There may be a number of hearings to deal with legal issues before the
trial begins.
18. There have been suggestions that the election will be held next year.
19. There will also be an usher (пристав) assisting the court, and it is he or
she who will bring you into the court when you have to give evidence.
20. There are sure to be protests about the judge’s decision.
21. There are many different levels of judges although the main division is
into inferior and superior judges.
22. As society changed, so did the nature of crime: there was an explosion
in crime and, in particular, violence fuelled by drug abuse.
23. Usually, there are several procedures by which youth are waived or
transferred to adult court.
24. Since each state has its own system of law, there are many legal
systems: the law of the United Kingdom, the law of Japan, etc.
25. There are still countries wishing to join the European Union, but so far
they have not been accepted and remain “candidate” countries.
2. Use the correct form of the verb to be, translate the sentences into Russian:
1. There _____ situations where it is felt that the trial judge made a
mistake in the application of law.
2. There _______ a rule that the defence can make an opening speech only
if it is going to call the defendant and at least one other witness to give
evidence as to what happened.
3. There _____ an arbitration service for small claims available in the
county court.
4. In most countries there ______ only one legal profession.
5. One principle of English contract law ______ that there must be an
offer and an acceptance in the contract. In every valid contract there
must also be an exchange of consideration.
6. There _______ special rules of interpreting contracts in which one or
more contractors made a mistake or were pressed or tricked into making
an agreement. There _______ also rules for dealing with illegal
contracts.
7. There ______ no need to apply for or to register copyright.
8. There _______ basic minimum standards of freedom and security for
all.
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9. There ______ three kinds of judges of the Crown Court: High Court
judges, Circuit judges and recorders.
10. There _______ solicitors’ offices in all of the major cities and towns.
There _____ no firms of barristers, each individual is economically
independent.
11. There ______ a cardinal distinction between judiciary and statute law in
the way it is interpreted.
12. In the USA there ________ no Ministry of Justice or any other
department, which controls the legal profession.
13. There _______ three elements designating Mens Rea: intention,
recklessness and strict liability.
14. There ________ many important differences between torts and criminal
wrongs.
15. There _______ no risk that you will be sent to prison if you don’t move
out of your home before your landlord goes to court.
16. There _________ 89 subjects of the Federation with more than 150
nationalities in this country.
The Adjective
1. Fill in the blanks with the correct comparative and superlative forms.
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6. The rules of social institutions tend to be ... (formal) than customs,
carrying precise penalties for those who break them.
7. California, the state with ... (large) population, has 45
representatives.
8. Democrats tend to favour a ... (active) role of the central
government in social matters.
9. In most countries lawyers will tell you that the time they spent
studying for their finals was one of ... (bad) periods of their life.
10. High Court Judges deal with ... (serious) crimes, such as those for
which the criminal might be sent to prison for ... (many) than a
year.
11. The American constitution is ... (old) still in force in the world.
12. The Magistrates' Court is ... (common) type of law court in
England.
3. Put the adjectives in brackets into the form which best suits the meaning of
the sentence. Use articles where necessary:
4. Read and translate the sentences paying attention to the use of the
comparative constructions:
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3. The more correct information is stored in the computer, the more
precise data we get.
4. The investigator must solve this criminal case as soon as possible.
5. The more he studied the evidence, the better he understood the
circumstances of the case.
6. The general rule is that the higher the status of the judge, the more
serious cases he tries.
7. There are a small number of people involved, possibly as few as twenty.
8. The President’s address to the nation is as important a speech as he is
ever likely to make in his career.
9. The country spends as much as 25 per cent of its income on defence.
10. The advantage of this project is that it is twice as cheap as the other.
11. Some people consider infringement of others’ rights as being as serious
a crime as theft.
Joe _____ (to grow up) in a small town, then _____ (to move away) to
attend college and law school. He _____ (to decide) to come back to the small
town because he could be a big man in this small town. He really _____ (to
want) to impress everyone. He _____ (to open) his new law office, but business
______ (to be) very slow at first.
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One day, he _____ (to see) a man coming up the path. He _____ (to decide)
to make a big impression on this new client when he _____ (to arrive). As the
man _______ (to come) to the door, Joe ______ (to pick up) the phone. He
_______ (to motion) the man in, all the while talking. “No. Absolutely not. You
tell those clowns in New York that I _____ (not settle) this case for less than one
million. Yes. The Appeals Court _____ (to agree) to hear that case next week. I
_____ (to handle) the primary argument and the other members of my team
_____ (to provide) support. Tell the District Attorney that I ______ (to meet)
with him next week to discuss the details.”
This sort of thing _____ (to go on) for almost five minutes. Joe _____ (to
put down) the phone and ______ (to turn) to the man. “I _____ (to be) sorry for
the delay, but as you can see, I ______ (to be) very busy. What can I do for
you?” The man _____ (to reply), “I _____ (to be) from the phone company. I
______ (to come) to repair your phone.”
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6. The job of a jury is to bring in the verdict.
7. Magistrates are unpaid judges usually chosen from well-respected
people in the local community.
8. The Johnsons settled in our city two years ago.
9. The Supreme Court of the USA consists of a Chief Justice and eight
associate justices.
10. The US Constitution consists of a Preamble, seven Articles, and 27
Amendments.
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3. The trade union delegation _______ (to complete) its work by the end
of the week by signing a new agreement.
4. He became a good investigator after he _______ (to examine) many
serious crimes.
5. They _____ (to appoint) the head of the delegation by the time when all
the preparatory work is done.
6. If you come to the court late in the afternoon the judge _______ (to
declare) his decision.
7. — _____ you ever (to be) to the Crown Court? — No, I _____ (to be)
there.
8. Today the higher court ______ (to reject) his appeal against the
conviction.
6. Translate the sentences into Russian. Mind that the Present Perfect Continuous
expresses an action occupying a period of time still continuing or just finished.
99
10. The eye-witness had been speaking for five minutes when the judge of
the Coroner’s court stopped him.
11. I have been thinking over the plan of my thesis since I was admitted to
the post graduate course.
7. Complete the situation. Use the right form of the Perfect Continuous Tense.
Model: The trial started two hours ago. It is still going on.
The trial has been going on for two hours already.
8. Fill in the appropriate tense form of the verb (Active Voice) in brackets:
1. Yesterday the police ….. (to fine) him for driving in the excess of the
speed limit.
2. I ….. (to know) Mr. Brown for many years and always (to consider)
him to be an experienced barrister.
3. Three days ago the barrister for the prosecution …… (to prove) that the
defendant ……. (to commit) an act of theft.
4. ... the lawyer ……. (to appeal) against the conviction yet?
5. He ……. (to work) as a judge of the Crown Court for five years
already.
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6. The clerk of the magistrates’ court ……. (to explain) some points of
law to the justices of the peace when the reporter …… (to come) into
the court room.
7. — Where …… (to be) the jurors? — They …… (to retire) to the
courtroom to consider the verdict. They …… (to consider) the verdict
for two hours already.
6. ... the judge …… (to pass) the sentence or ... the jury still ….. (to
consider) the verdict?
7. This week the convict …….. (to appeal) against the severity of the
8. sentence. He hopes that the judges of the higher court …… (to pass)
their decision by the end of the week.
9. — ... you …… (to prepare) the report on civil law yet? — No, I still
……. (to look for) some extra material in the library.
10. When you …… (to phone) me yesterday I ……. (to translate) a very
interesting article on human rights. I ……. (to use) some figures in my
report.
11. The convict ….. (to serve) the sentence for a year and a half.
12. I cannot meet you tomorrow. I …… (to be) an eye-witness of the road
accident several days ago. Tomorrow at ten o’clock I ….. (to give) my
testimony before the court.
13. This week Parliament …… (to legislate) against the sale of drugs.
14. Today the court …… (to find) him guilty of all charges.
1. Translate the sentences into Russian paying attention to the use of the
Passive Voice:
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18. Thousands of young people from different foreign countries are being
trained at various higher educational establishments of our country.
19. The case was being prepared for trial when the investigator was given
some new important evidence.
20. This minor offence is being considered by the magistrates’ court.
21. The judge was preparing to speak on the case when he was given a
letter.
22. The police were being assisted by many citizens while the crime was
being investigated.
23. The regional court will be considering the case for three days.
24. The suspect was being cross-examined when the investigator received
the results of the laboratory analysis.
25. The evidence on the case is still being collected by the investigator.
26. The offender has just been arrested by the police officer.
27. They say that capital punishment will have been abolished by the end of
December.
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3. Make the following sentences passive:
103
7. In England there _____ (is/ are) a rule that a man must not wear a hat in
church or that one must stand up when “God Save the Queen” _____
(plays/ is played).
8. I didn’t notice anything, but when I got a cassette I realized everything.
Our conversation _______ (recorded/was recorded)
2. Fill in the gaps with modal verbs or equivalents and explain their use;
translate the sentences into Russian:
104
9. No one _____ act as a barrister and a solicitor at a time.
10. Before one _____ start legal practice, it is necessary to obtain a certificate
from the Law Society which _____ be annually renewed.
11. A justice after 25 _____ not serve in a Juvenile Court, unless specially
authorised.
12. The judge _____ discharge the accused for lack of strong evidence.
13. An agreement to sell illegal drugs _____ never be enforced in court.
14. The decision of the judge _____ be clear to everybody.
15. You _____ consult an experienced lawyer before making a claim.
16. The magistrates _____ choose the most appropriate penalty at their
discretion.
17. The arbitrator’s decision is binding on both sides — they _____ abide by
his or her decision.
18. A detailed report on crime in the UK _____ be published later today.
19. Small-scale robberies remain a serious problem in the city and police are
concerned that the problem _____ soon become more serious.
20. Despite suggestions that the judge _____ dismiss the case, he found in
favour of Mr. Henry and awarded damages to him.
21. An offender _____ appeal against the severity of the sentence, or
conviction or both.
22. The Constitution of Great Britain is flexible because its rules ______ be
modified by an act of Parliament.
3. Use the modal verb to express advice. Translate the sentences into Russian.
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4. Fill in the gaps with either 'needn't' or 'mustn't'. Explain your choice:
Model: The Articles of Association needn't be registered. (You may register it,
but it is not necessary).
The director mustn't make any personal profit form the company's
business. (It is prohibited).
1. He said that he _____ (to know) Nick for many years and Nick always
______(to be) a good lawyer.
2. The lawyer said that the accused ______(to cross-examine) and _____ (to
find guilty) the previous week.
3. It was announced that the jurors _____ (to finish) discussing the verdict
but the sentence _______ (not to pass) yet.
4. We didn’t suppose that the previous week he ______ (to fine) by
magistrates for driving in the excess of the speed limit.
5. The newspaper article said that capital punishment in Great Britain
_______ (to suspend) in 1965 and (to abolish) in 1969.
6. The clerk told us that the witness for the defence _____ (to answer) the
questions at the moment.
7. We read in the newspaper that the police _______ (to send) the suspect
for trial.
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8. The public was informed that the murderers _____ (to find) guilty and
______(to sentence) in accordance with the law.
9. The convict knew that his lawyer _______ (to appeal) against the
severity of the sentence.
10. The document stated that the judge of the higher court ______ (to
reject) the appeal against the conviction.
11. We thought that the either-way offence _____ (to try) by magistrates by
the end of the week.
12. The policeman told us that the felony _______ (to investigate) for three
months.
13. We were told that the case of violent death of MP _____ (to
investigate).
14. The coroner said that the witness _____ (to interview) and the suspect
______ (to apprehend).
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Appendix B
Master vocabulary
1. Translate the sentences into Russian. Mind the use and translation of the word
“legal”:
1. To the rest of the world the English legal profession is very strange
because historically there were two types of lawyers: barristers and
solicitors.
2. Every legal system has many shortcomings.
3. Criminal charges and divorce are normally seen as matters needing
legal help and advice.
4. Not every accident victim has a legal remedy. Some accidents are
nobody’s fault.
5. There is a large information gap in people’s awareness of their legal
rights.
6. Such legal knowledge as people had come largely from newspapers and
television.
7. The new Community Legal Service aims to provide legal information as
well as legal advice and representation.
8. Newspapers regularly carry frightening stories about losers in legal
actions who face bills of thousands of pounds.
9. Legal costs of the lowest income group are paid by the state.
10. Legal aid is usually granted as long as financial test is satisfied.
11. Malta's legal system synthesizes the legal traditions of its colonial rule.
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4. Some of the most important courses a student completes during his or
her studies of the _______ are skills courses, such as courses in ______
writing and _______ research.
5. The _____ process that concerns relations among nations is called
international _______.
5. Translate the sentences. Mind the different meanings of the word ‘criminal’:
1. Furthermore, under English law, such acts are criminal and entail
criminal liability.
109
2. The State has not provided clear information on the conflicts of
jurisdiction between the military criminal courts and the ordinary
criminal courts.
3. We condemn that act as criminal and unjustifiable.
4. The judge put the criminal away for ten years.
5. I don't want my son to be mixed up with criminal types.
6. He has a disposition (склонность) toward criminal behavior.
7. The company brought criminal charges against her.
8. Criminal I a person who commits a crime or crimes.
1. It would be a _____ to send the boy out on such a cold, wet night.
2. The main fields of study of interns were law, ________and _____
justice.
3. We would clarify that _______ opinions are prepared by the ______ if
available or otherwise by the prison psychology unit.
4. My theory is that _________ is the easiest science in the world!
5. ________ will be discovered in last chapter.
6. This _______ remains unsolved and unpunished.
7. Anyone who committed such a _______ would be prosecuted.
7. Fill in the gaps with the words ‘robbery, ‘larceny’, ‘burglary’ or ‘theft’. Mind
the difference. Translate the sentences into Russian:
110
8. Fill in the gaps with missing words:
10. Find a suitable definition for each word in the right column:
111
11. Match the definitions with the words (a-m):
1. A group of people in a court of law who listen to the facts about a crime
and decide whether the person accused is guilty or not _____ .
2. The place in a court where the jury sits _____ .
3. A room in which a legal court meets _____ .
4. The person who puts down every word that is spoken during the
trial and also may record the proceedings on the tape ______ .
5. The person in a court of law who decides how the law should be
applied _____ .
6. The person who has been accused of a crime _____ .
7. The lawyer who tries to prove that the person ______ .
8. Somebody who appears in a court of law to tell what they know
about a crime or other events ______ .
9. The place in a court of law where people stand or sit when they
are giving evidence _____ .
10. The lawyer who tries to prove that the person accused of a crime is
guilty _____ .
11. A law officer who makes sure that the decisions of a court are obeyed
______ .
12. O the body of French Law.
13. The place in a court where the defendant sits _______ .
12. Match the definitions on the right with the words on the left:
112
8. robbery h. someone who has deliberately killed another
person
9. steal i. not complete
10. rely on j. depend on with confidence
Advocacy a. lawyers
b. rich people
c. pleading in the court
In-house a. hoteliers
b. employed by the company
c. independent
Chamber a. building
b. business branch
c. barrister’s office
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Appendix C
1. Long ago each community _____ its own law based on its own traditions and
customs.
a) has b) had c) has had
2. Private law _____ of the rules governing the relations between private
persons or groups.
a) consist b) consists c) consisted
3. Property law _____ the rules for how to own or pass on the property.
a) has included b) includes c) is including
4. Since long ago it _____ the function of the police to inforce laws.
a) was b) is c) has been
6. The court reporter ______ a report of the trial for two hours already.
a) has written b) has been writing c) is writing
7. He _______ the evidence when the chief inspector came to the place of crime.
a) has collected b) was collecting c) will be collecting
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2. Choose the correct item (Passive Voice):
3. Members of the Cabinet _______ by the Prime Minister since long ago.
a) are chosen b) have been chosen c) have been choosing
4. The House of Commons decides what taxes ______ and how the money
shall be spent.
a) to be collected b) must be collected c) must to be collected
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2. I think there ______ a mistake in your tax return. You should check it.
(Two variants are possible. Explain your choice.)
a) can't be b) might be c) may be
4. Sorry, but I'm not Connor. You ______ me for someone else.
a) might be b) must confuse c)must be confusing
5. I'm not sure I trust Peter. He ______ the person we think he is.
a) might not be b) can't be c) must not be
10. I wouldn't swim in this river if I were you. It ______ dangerous. (Two
variants are possible. Explain your choice.)
a) might be b) may be c) can be
4. Choose the right verb from the box below and put it in the gap in the
correct tense and voice form.
116
1. One of the most detailed ancient legal codes _____ in about 1758 B.C.
by Hammurabi, a king of Babylonia. The entire code, consisting of 282
paragraphs, _____ into a great stone pillar which _____ in the temple of
the Babylonian god Marduk so that it could _____ by every citizen.
2. The pillar _____ for centuries after the fall of Babylon in the 16th
century B.C., and only in 1901 it _____ by a French archaeologist amid
the ruins of the Persian city of Susa. The pillar _____ now in the Louvre
museum in Paris.
3. The laws which _____ by Hammurabi were more extensive than any
that had gone before.
4. Hammurabi‘s laws _____ crime, divorce and marriage, inheritance and
property contracts, regulations about taxes and price of goods, the rights
of slave owners and slaves, etc.
5. The cruel principle of revenge: an eye for an eye and a tooth for a tooth
_____ in the code.
6. In the 7th century B.C. Greece‘s first written code of law _____ by
Draco. Draco‘s laws were shockingly severe, so severe that people
_____ they _____ not in ink but in blood.
7. Several decades _____ before Solon, a poet, a military hero and Athens‘
lawgiver ____ a new code of law.
8. Solon _____ every statute of Draco‘s code except that of homicide and
____ Athenian law altogether more humane.
9. Before England ____ by the Normans, different areas ____ by different
systems of law, which _____ often from those of the various invaders
who _____ there.
1. The jury decided that the jury had not proved its case and therefore _____
Mr. Smith of burglary.
a) accused b) acquitted c) charged d) blamed 28 e) found guilty
117
5. An official decision in court that person is not guilty of a crime is _____.
a) verdict b) acquittal c) ruling d) sentence e) appeal
118
References
119
Учебное пособие
Издательство
Луганского государственного университета имени Владимира Даля