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Study these words before reading the text.
property –собственность, имущество
property law – вещное право, право собственности
tangible property –материальная собственность, имущество, в отличие от нематериальной, например интеллектуальной собственности
intangible – нематериальная собственность
real property = real estate = realty – недвижимое имущество
personal property = personalty– движимое имущество, личная собственность
intellectual property –интеллектуальная собственность
stocks –акции
debentures –облигации
patent –патент
copyright –авторское право
copyright reserved –авторское право сохранено
trademark –торговая марка
brand –марка, сорт, качество
fair dealing – честная сделка
title –право собственности
transfer of title –передача права собственности
deed –документ, устанавливающий или подтверждающий право на что-л.
title deed to land –документ, устанавливающий право собственности на землю
bill of sale– договор купли-продажи
heir –наследник
heiress –наследница
will –завещание
2.2.2 Read and translate the text.
Property law deals with property rights. In the legal sense,propertyis anything of value to which a person or business has sole right of ownership.
Within this broad general definition, property can be divided into four categories: tangible real property, tangible personal property, intangible personal property, and intellectual property.
Tangible real property(or real estate)is land and anything attached to it, for example, a house, a factory, and built-in machines within the house or factory.
Tangible personal propertyis any item that can be owned, bought, sold, or leased. Examples are money, cars, clothing, stereos, and cameras.
Intangible personal propertycannot be seen but has written documentation. Examples are insurance policies, bank accounts, stocks and debentures, and trade secrets.
Intellectual propertyis property created through a person’s mental skills. Examples are software, books, articles, plays, music, and technology.Intellectual property is protected by patents, copyrights and trademarks.
A patent makes it illegal for others to manufacture or use the invention without permission. However, a patent will only be granted if the invention was not shown in public and if it has industrial application. Ideas cannot be patented.
Literature, computer programs, movies and radio and television programs, books, designs, photos, music cannot be patented, but they can be protected by copyright – an exclusive ownership right given to the creators of work of music, art, drama or literature, computer software and so on.
Another kind of intellectual property is a trademark – the legal right to use a brandname or symbol exclusively, such as M design of McDonald’s.
In recent years video recording, satellite television, and the use of computers made it difficult to control copying. The main purpose of recent laws is not to prevent copying, but to make people pay for doing so. But most legal systems allow a certain amount of copying even without asking permission. The concept of fair dealing allows to copy somebody’s work if this is done for private study. But it is not legal to make a large number of copies, for example, for a whole class of students.
Private property can be transferred to other people or firms through sale. Transfer of personal property is called transfer of title. However, most goods sold by businesses use a written bill of sale. Real property is sold by a written contract called deed. If the owner dies, his property passes to his heir or heiress. Many people make a will before their death. A will is a person’s declaration of how he wants his property used after his death.
Property rights are not always absolute and may be limited in certain ways. Owners of shorefront property may have to permit fishermen or other interested parties to walk to the river, lake, or ocean. Utility companies often have the right to run wire over private property or to lay cable or pipe under it. The government may claim private land to expand roads or erect public buildings, as long as it pays the owner a fair price.
2.2.3 Read the text again to answer the following questions.
1) What does property law deal with?
2) How is the word property defined?
3) What is a general division of property?
4) What is tangible real property (tangible personal property, intangible personal property, and intellectual property)?
5) In what way can intellectual property be protected?
6) On what terms can a patent be granted?
7) What rights are protected by copyright and trademark?
8) What does the concept of fair dealing mean?
9) How can private property be transferred?
10) Are there any ways to restrict property rights?
COMPANY LAW
2.3.1 Study these words before reading the text.
limited company (Ltd) –компания с ограниченной ответственностью
legal person –юридическое лицо
legal identity (entity) –юридическая правосубъектность
limited liability –ограниченнаяответственность по долгам
assets –имущество
partnership –партнерство,товарищество
sole proprietor(ship) –частный предприниматель(ство)
capital –капитал
to raise capital – накапливать капитал
loan = overdraft –заем
share = security = equity = stock –акция
shareholder – акционер
majority (controlling) interest –контрольный пакет акций
dividend –дивиденд
a business –предприятие
to run a business –вести дело, управлять компанией
dissolve = wind up = terminate = liquidate –распускать, прекращать существование, ликвидировать
to go bankrupt –обанкротиться
ultra vires –вне компетенции
insider trading –незаконные сделки с ценными бумагами с использованием конфиденциальной информации
2.3.2 Read and translate the text.
Company law is a set of laws designed specifically to regulate business. In common law countries company law is found partly in court cases and partly in statutes. Throughout the world, most businesses face similar problems; they must determine their organizational form; duties to clients, investors and employees; tax liabilities; and abilities to minimize losses if the business fails.
When people wish to associate for business, the first question they have to consider is whether to form a limited company (also called a corporation), a partnership or a sole proprietorship.
A limited company is a kind of legal person with the right to sue and be sued. It has a legal identity separate from its members. The members of a limited company have limited liability. This means that if the business has difficulties, the members have to pay its debts only up to a certain limit. The company’s liability itself is not limited; as long as the business has money or assets creditors may sue. The internal management of the company is regulated by a document called the Articles of Association.The Articles have rules about holding meetings; members’ voting rights; issuing shares; and appointment and removal of directors.
Another way to run a business is for two or more people to form a partnership in which they share management, profits and liability to debts. Unlike members of a company, partners have unlimited personal liability for debts to creditors.
A sole proprietorship is a business owned and usually operated by a single person. Its main characteristic is that the owner and the business are the same. And even if a sole proprietor employs other people, he alone is responsible for management and for any debts. Some examples include small retail stores, doctors’ and lawyers’ practices and restaurants.
The money needed to start a business is called capital. If a person does not have enough capital to start a business, he may borrow some from the bank in the form of a loan or overdraft. Selling shares is another way companies raise capital. A share is ownership of a proportion of a company, and the right to a proportion of any profit it makes (called dividend).If a shareholder has more than 50% shares, he is a majority shareholder and has a majority or controlling interest in the company.
A business may be terminated (dissolved) when its registration is cancelled or it goes bankrupt – that is, it cannot pay all its debts.
Violation or breach of company law may cause both civil suits and criminal prosecutions. For example, it is illegal if a company is engaged in an activity which is outside its capacity. Such activity is called ultra vires and may cause civil suits. The purpose of the doctrine is to stop using company assets for unauthorized activities.
A possible cause for criminal prosecution is insider trading. This means using inside knowledge to gain private profit when buying and selling company shares. Directors and employees of companies often know if a company’s shares will rise or fall long before ordinary shareholders. As a result, they could make profits by buying or selling before everybody else or by selling their special information.
2.3.3 Read the text again to answer the following questions.
1) What is company law designed for?
2) What matters does it cover?
3) What are the major organizational forms of business?
4) What does a legal person mean?
5) What is special about a legal identity of a limited company?
6) What does limited liability mean?
7) What does it mean that the company’s liability itself is not limited?
8) What is called the Articles of Association?
9) What form of running a business is called a partnership?
10) What is the main characteristic of a sole proprietorship?
11) What is called capital?
12) What are the ways to raise capital?
13) In what cases can a business be terminated?
14) What violations of company law may cause civil suits or criminal prosecutions?
2.4. GRAMMAR: The Sequence of Tenses.
Direct and Reported Speech
Changing Tenses
The usual rule of the Sequence of Tenses is that the verb form moves ‘one tense back’.
| Direct Speech | Reported Speech |
| 1. Statements “I work hard,” he said “I am working hard,” he said “I have worked hard,” he said “I worked hard,” he said “I will work hard,” he said “I have been working hard,” he said “I am going towork harder,” he said 2. Modals “I can work harder,” he said “I may work harder,” he said “I must work harder,” he said “I should work harder,” he said “I ought to work harder,” he said | He said (that) he worked hard. He said (that) he was working hard. He said (that) he had worked hard. He said (that) he had worked hard. He said (that) he would work hard. He said (that) he had been working hard. He said (that) he was going to work harder. He said (that) he could work harder. He said (that) he might work harder. He said (that) he had to work harder. He said (that) he should work harder. He said (that) he ought to work harder. |
Changing time expressions and other words
| Direct Speech | Reported Speech |
| tonight, today, this week/month/year now yesterday, last month/week/year two days/months/years etc. ago tomorrow, next week/month/year here this/these | that night, that day, that week/month/year then, at that time the day before, the previous month/week/year two days/months/years etc. before the following day/week/month/year there that/those |
Reported and Indirect Questions
| Direct Questions | Reported Questions | Indirect Questions |
| He asked me, “Does she work hard?” He asked me, “What time is it?” He asked me, “Where can I put it?” | He asked me whether/if she worked hard. He asked me what time it was. He asked me where he could put it/where to put it. | He wonders whether/if she works hard. Do you know what time it is? Do you know where he can put it/where to put it? |
Reporting Commands and Requests
| Direct Speech | Reported Speech |
| “Please, sign the agreement,” he said to us. “Don’t leave the courtroom,” the judge said to the witness. “Can I go out?” he said. | He told us to sign the agreement. The judge told the witness not to leave the courtroom. He asked to go out. |
Using Say – Tell – Ask
| Direct Speech | Reported Speech |
| “I can do it,” he said “I can do it,” he said to me He said to me, “Please don’t do it!” “Can you do it?” he asked. | He said he could do it. He told me he could do it. He asked me not to do it. He asked me whether I could do it. |
2.4.1 Change the following from Direct into Reported Speech.
1) Ann Saucier, a widow, called her attorney and said, “I need some legal work involving a small real-estate transaction done in Chicago.”
2) “You must say the truth, the only truth and nothing but the truth,” the judge said to the witness.
3) “Go and see your lawyer for legal advice,” she said to him.
4) She called her lawyer and said: “There is a problem with the title of an old family house on Chicago’s South Side.”
5) Lawyer David Mills said to her, “Do you want me to write your will?”
6) “Why do you want to leave your property to a man who is not your relative?” her niece asked.
7) “We have gone bankrupt.” the President said to the members of the Board.
8) “I am going to borrow some money from the bank to start my own business,” William said to his sister.
9) “Don’t bother me. I’m reading the contract,” Mr. Roger said to his children.
10) “I didn’t steal the company’s money,” the manager said.
11) “I won’t tell you where I was last night,” said the suspect when questioned in the police station.
12) The reporter asked Mr. Smith, “How long have you been running this business?”
2.4.2 Turn the following into indirect questions. Omit question marks where necessary.
1) Where is the police station? (Do you know …)
2) What has the judge told her? (I wonder …)
3) Are you going to be your own lawyer? (I want to know …)
4) Is this correct? (I doubt …)
5) Whose car is this? (Could you tell me …)
3. 5th YEAR 9 th TERM
CRIMINAL LAW
3.1.1 Study these words before reading the text.
crime = offence –преступление, правонарушение
to commit a crime (an offence) –совершать преступление
(правонарушение)
commission of a crime –совершение преступления
criminal –уголовный, преступный
criminal law –уголовное право
a criminal = an offender –преступник, правонарушитель
to convict – осудить, признать виновным
a convict – осужденный
felony –тяжкое преступление
misdemeanor –менее тяжкое преступление
Actus Reus –виновное деяние
Mens Rea –виновная воля
presumption of innocence –презумпция невиновности
beyond reasonable doubt –вне всяких сомнений
defense –средство судебной защиты
insanity –невменяемость
self-defense –самооборона
duress –принуждение
punishment = penalty –наказание
to impose a penalty – назначать наказание
fine –штраф
imprisonment –тюремное заключение
capital punishment = death penalty –смертная казнь
to reform – исправлять
to rehabilitate –реабилитировать
to deter –удерживать, останавливать
deterrent –удерживающее средство, средство устрашения
probation –пробация, испытательный срок
parole –условно-досрочное освобождение
pardon –помилование
3.1.2 Read and translate the text.
Criminal law is a branch of public law that defines crimes and fixes punishment. It also regulates the methods of capturing, charging and trying criminals and imposes penalties on convicted offenders. The principal notion of criminal law is crime – commission of an unlawful act punishable by the state.
Criminal law of most modern states classifies crimes as:
– offences against the safety of the state (treason, tax evasion, bribery, counterfeiting);
– offences against the public peace and order (drunk and disorderly conduct, carrying weapons, illegal speeding);
– offences against a person (homicide, assault, battery, mayhem, kidnapping, rape);
– offences against property (theft, larceny, robbery, burglary, embezzlement);
– offences against decency ( bigamy, sexual harassment, prostitution, obscenity).
According to their gravity, crimes are divided into felonies and misdemeanors. Felonies are the mostserious crimes. Misdemeanors are less serious.
Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea). In a murder, for example, Actus Reus is the killing of a human being by another human. Mens Rea is the person’s intent to kill.
One important principle of criminal law is presumption of innocence.Under this principle the defendant is considered innocent until the state proves his guilt beyond reasonable doubt.
But even if Actus and Mens have been proved, the defendant may still avoid punishment if (s)he can show that (s)he has a defense– a reason why the court should excuse his or her act. The most common defenses are: insanity, self-defense and duress - being forced to commit a crime.
Punishment is fine, imprisonment, or any other penalty provided by law and imposed by the court. The punishment for a felony is imprisonment for at least one year or death in some limited cases. The punishment for a misdemeanor is fine or imprisonment for no more than one year. The ultimate penalty is death or capital punishment. Almost half the countries of the world have abolished the use of the death penalty.
Criminal statutes ordinarily set maximum limits for punishment but give a judge freedom in determining the appropriate punishment within those limits. Probation, for instance, is a type of punishment, which allows the convicted person to avoid imprisonment and to remain at liberty for a prescribed period of time under the supervision of a probation officer. Sometimes a convict serving in prison may be released early onparole because of good behavior. Pardon, by the governor or president, releases the convict from the entire punishment.
The purpose of punishment is to reform and rehabilitate criminals, and to deter them and others from similar behavior in the future.
Criminal law is one of the fastest growing areas of the law. One of the reasons is that the number of crimes committed in some countries is increasing rapidly. Another reason is that different governments continually review their ideas of what should be considered a crime.
3.1.3 Read the text again to answer the following questions.
1) What does criminal law deal with?
2) What does the word crime mean?
3) What is a general classification of crimes in most modern states?
4) In what way are crimes divided according to their gravity?
5) What are the two elements of a crime?
6) What does presumption of innocence mean?
7) What is called a defense? What are the most common defenses?
8) What are different kinds of punishment?
9) What are the purposes of punishment?
10) Why is criminal law one of the fastest growing areas of law?
TORT LAW
3.2.1 Study these words before reading the text.
tort –деликт, гражданское правонарушение
wrong = wrongdoing –нарушение законных прав, правонарушение, деликт
tortfeaser – делинквент, правонарушитель
compensation = damages– компенсация, возмещение ущерба
trespass –посягательство, нарушение чужого права владения
conversion –присвоение имущества
nuisance –помеха, неудобство, вред
negligence –халатность, неосторожность
misrepresentation– умышленный обман, введение в заблуждение
defamation – диффамация, клевета
slander –устная клевета
libel –клевета (в печати и т.п.)
burden of proof – бремя доказывания, доказательная норма
preponderance of evidence –перевес доказательств
duty of care –обязанность соблюдать осторожность
product liability –ответственность за производимую продукцию
strict product liability –обязательная (немедленная ответственность)
vicarious liability –ответственность без вины за действия другого
to seek (sought, sought) sth (damages, a divorce, etc.) – требовать чего-либо (компенсации ущерба, развода и т.п.), обращаться с иском о чем-либо
3.2.2 Read and translate the text.
Tort law applies to most relations not governed by contract or criminal law. Taken from the French word for ‘wrong’, a tort is a civil – that is, non-criminal – injury to people, their property, or their reputation for which compensation must be paid. The law of tort coversa wide area of wrongdoings. Trespass, conversion, nuisance, negligence, misrepresentation, slander and libel are all torts. The tort of nuisance is an act that causes trouble. It occurs when, for example, a neighbor creates too much noise or his rubbish causes unpleasant smells. The tort of defamation covers attacks against someone’s reputation through the written (libel) or spoken (slander) word. The tort of misrepresentation is defined as false statement of fact. Falsely assuring a customer, for example, (‘Yes, that is a brand-new transmission, not a rebuilt one’) is misrepresentation. However, mere ‘puffing’ by a salesperson (‘This is the finest car on our lot’) is not misrepresentation.
Torts may be intentional or may occur through negligence.
As their name implies, intentional torts result from the deliberate actions of another person or firm. Still, intentional torts are not crimes. For example, the tort of conversion in English law covers ‘taking, destroying or selling someone else’s property’ as does the crime of theft. But the essentialdifference between torts and crimes is that the former are the subject of civil law suits between private individuals, and the latter are prosecutedby the state.
Sometimes an individual takes an action in the law of tort because he or she has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not have enough evidence: the burden of proof required for a civil action (preponderance of evidence) is lower than in criminal prosecutions (beyond reasonable doubt).In other situations, they feel that the matter is more of a private dispute than one involving public law and order. For example, simply entering somebody’s land without the owner’s permission is not a crime in English law. It is, however, the tort of trespass. The police cannot take any action unless the trespasser commits certain crimes such as threateningviolence or damaging property.
Ninety percent of tort suits involve charges of negligence (breach of a legal duty of care). Such suits may result from wrongful actions of companies. If a company installs a pollution-control system that does not adequately protect the community’s water supply, that company may be later sued by an individual who gets sick from drinking the water. Negligence torts may also result from individual employees’ actions. For example, a firm whose worker fails to post a sign warning about a hole in the road into which somebody falls or a sign warning about a wet floor on which a customer slips, may be sued for negligence.
One area of tort law that is particularly worrisometo businesses is product liability. Product liability makes a company responsible for injuries caused by its product. Lately, businesses have faced a number of strict liability torts, which involve harm caused by toxic waste or other hazardous substances that were legally used.
In general, anyone may sue or be sued in tort – a child, someone who is mentally sick, even someone who has died. In such cases the action will be conducted in their name by another authorized person. Under the concept of vicarious liability (liability on behalf of someone else) it may be possible to sue the employer of a person who commits a tort in the normal course of his employment. This may be useful if high damages are being sought, since the defendant can’t be forced to pay more money than he has.
The aim of damages in tort is to restore the position there would have been if the tort had not occurred.
3.2.3 Read the text again to answer the following questions.
1) What does the French word tort mean?
2) What wrongdoings are covered by the law of tort?
3) What does the tort of nuisance mean?
4) What is the difference between libel and slander?
5) How is the tort of misrepresentation defined?
6) What is the difference between intentional torts and crimes?
7) Why does an individual sometimes take an action in the law of tort being the victim of the crime?
8) What does negligence mean in terms of tort law?
9) What area of tort law is particularly worrisome to businesses?
10) What does the concept of vicarious liability mean?
11) What is the aim of damages in tort?
FAMILY LAW
3.3.1 Study these words before reading the text.
marriage –брак, супружество, вступление в брак
annulment -аннулирование
divorce –развод
to award = to issue a divorce – выносить судебное решение о расторжении брака
premarital agreement = antenuptial contract – брачный контракт
child support –алименты (сумма, выплачиваемая на содержание детей после развода)
child custody –опека, попечительство
alimony –алименты (сумма, выплачиваемая одним супругом другому на ее или его содержание после развода)
paternity –отцовство
spouse –супруг
valid –действительный, законный
void –недействительный
bigamy –двоеженство
underage party –несовершеннолетняя сторона
incest –инцест, кровосмешение
incestuous marriage –брак, основанный на кровосмешении
adultery – супружеская измена
foster –приемный
community property –общая, совместная собственность
separate property –личная собственность
succession –преемственность
3.3.2 Read and translate the text.
Family law deals with legal rights and obligations within the family: marriage, annulment, divorce, premarital agreement, child support and custody, property division, visitation rights, living together, and more.
Under the US family law both the man and the woman must be at least 18 years old to marry without parental consent. And there is no upper age limitation on marriages. Your spouse to be must be of the opposite sex and you can’t marry certain close relatives (marriages between a parent and a child, grandparent and grandchild, brother and sister, uncle and niece, and aunt and nephew are prohibited). And finally, you can have only one spouse at a time. If you remarry before divorcing your current spouse, you are guilty of bigamy. The second marriage is void from the very beginning.
In Anglo-American law, some marriages may be annulled. In other cases a couple may seek a divorce. The difference between a divorce and annulment is this: in a divorce, a valid marriage is legally ended, while an annulment means that the ‘marriage’ never existed. The major grounds for an annulment are: an underage party, an incestuous marriage, and bigamy.The major grounds for a divorce are: adultery, unreasonable behavior, living apart for a set period of time.
A divorce will not be issued until satisfactory arrangements have been made for any children of the marriage. These include child custody, visitation rights and child support.
Child custodycan be awarded to the mother or the father. If neither parent is fit to take care of the child, the judge may award custody to grandparents, other relatives or place the child in a public institution or a foster home.
Visitation rights are awarded to the parent who doesn’t have custody of the children.
The parent who has no custody of the children must pay monthly payment called child support. The amount of child support depends on the needs of the children and the parent’s ability to pay. The obligation to support a child ends only when the child reaches the age ofmajority or becomes emancipated.
When issuing a divorce the judge has to decide ondivision of property. There are 2 kinds of marital property: community property and separate property. Community property is everything earned or acquired by a couple during marriage; separate property is everything a person owned before marriage, as well as gifts and inheritances received during marriage. The judge can divide only the community property, separate propertyremains the property of the spouse who owns it.
The property of a dead relative is mostly dealt with in Anglo-American law under the law of probate, or inheritance law. This is distinct from family law.Many people make a will before their death. If there is no will the laws of succession lay down who has the right to the property of a dead relative and in what order. Under Anglo-American law a surviving spouse is at the top of this order, followed by children, parents, brothers and sisters, grandparents and uncles, aunts and cousins. If there are no relatives at all the property passes to the State.
3.3.3 Read the text again to answer the following questions.
1) What matters fall under the jurisdiction of family law?
2) What are the limitations on marriages under the US family law?
3) What are the two ways to stop a marriage?
4) What is the difference between an annulment and a divorce?
5) What are the grounds for an annulment and a divorce?
6) What arrangements are provided by the court to protect children’s rights in a divorce?
7) Who is awarded child custody (visitation rights, child support)?
8) When does the obligation to support a child end?
9) What are the two kinds of marital property?
10) What property can be divided by the judge?
11) How is the property of a dead person dealt with under Anglo-American law?
GRAMMAR: The Infinitive
Forms of the Infinitive
| Active | Passive | |
| Present Continuous Perfect Perfect Continuous | (to) consult (to) be consulting (to) have consulted (to) have been consulting | (to) be consulted ------- (to) have been consulted ------- |
The Infinitive without ‘to’
| Active | Passive |
| 1) You can (must, will, etc.) stay in the courtroom. | He can (must, will etc) be sentenced to three years in prison. |
| 2) I’d rather not go out tonight. I’d better stay at home. | ----------------------------------------------- |
| 3) They made (let) him pay for the damage. | But: He was made (let) to pay for the damage. |
| 4) The policeman saw him park in the wrong place. Also: hear/feel | But: He was seen to park in the wrong place. |
| 5) I’ve never known him (to) be so cruel. | But: She is known to have worked as a prosecutor. |
| 6) Could you help me (to) find a good lawyer? | He can’t be helped to avoid punishment. |
3.4.1 Turn the following Present Infinitives into their Continuous and Perfect forms.
To release, to prevent, to carry out, to serve, to employ, to try, to protect, to claim, to commit, to award, to force, to specify, to order, to sue, to prove, to clarify, to nullify, to seek, to prosecute, to punish, to grant, to sentence, to convince, to resolve, to exercise.
3.4.2 Fill in the correct form of the infinitives in brackets.
1) In England, Wales and Northern Ireland a court is free … (pass) a suspended sentence of no more than two years.
2) The defense suggested that the defendant’s mental state rendered him unfit … (convict).
3) The court determines who is … (have) custody of children, the rights of children … (contact) with the other parent and financial arrangement for the children’s welfare.
4) … (serve) on a jury, a person must be aged between 18 and 70.
5) The suspect claimed … (watch) TV at the time of the robbery
6) The burglars must … (come) in through the window as the lock seems … (to force).
7) Anyone may … (sue) or … (sue) in tort.
8) We have … (achieve) practical results in the nearest future.
9) The prosecutor was satisfied … (work) at that case with Mr. Smith during the trial.
10) Mr. Black is glad … (find) ‘not guilty.’
11) In some societies family is thought … (be) very important.
12) Child custody can … (award) to the mother or the father.
The Infinitive Constructions
| Complex Object Noun (com. case) /Pronoun (obj. case) + Inf. | I want a lawyer to help me. | Я хочу, чтобы мне помог юрист. |
| We heard him testify in the court. | Мы слышали, как он дал показания в суде. | |
| I know him to be a very expensive barrister. | Я знаю, что он очень дорогой адвокат. | |
| The judge let them be present during the trial. | Судья разрешил им присутствовать на процессе. | |
| Complex Subject Noun (com. case) /Pronoun (nom. case) + Verb + Inf. | He is said to be a very successful barrister. | Говорят, что он очень успешный адвокат. |
| The suspect turned out to be innocent. | Оказалось, что подозреваемый невиновен. | |
| For + Noun/ Pronoun + to- Inf. | The police waited for the witnesses of the traffic accident to come. | Полиция ждала, когда придут свидетели дорожного происшествия. |
| For him to be so rude was unforgivable. | Ему было непростительно быть таким грубым. |
3.4.3 Identify the Infinitive construction and translate the sentences into Russian in writing.
1) As late as the 1970s the male head of the household (in Switzerland) was deemed to represent the interests of everyone within that household.
2) It is a constitutional right for a defendant to be represented by a lawyer in court.
3) When a couple separates, the welfare of any children appears to be the most important and difficult problem to resolve.
4) In all legal systems children are known to be treated differently from adults.
5) The injured person wanted a company to be liable for his illness caused by its product.
6) The law of tort is supposed to cover a wide area of wrongdoings.
7) In Britain special family courts are considered to have strong powers to control and transfer private property in the interests of children.
8) The court is not likely to award child custody to him.
9) The matter was too difficult for the jury to clarify it within a day.
10) We saw the convict leave the courtroom in handcuffs.
11) In some torts it is for the plaintiff to show that he has suffered actual damage or injury.
12) The person arrested by the police was supposed to be waiting for his accessory (accomplice).
13) For the person to get divorced it is necessary to convince the court that the marriage has been broken down without any chance of reconciliation.
14) The judge was heard to announce the sentence.
4. 5th YEAR 10 th TERM
INTERNATIONAL LAW
4.1.1 Study these words before reading the text.
private international law –частное международное право
public international law –(публичное) международное право
municipal (domestic) law – внутригосударственное право
entity –субъект права
international personality –международное правовое лицо
rules of international law –нормы международного права
rules of customary international law – нормы международного права, основанные на ‘обычном’ праве; общепринятые нормы международного права
treaty– соглашение, договор
recognition –дипломатическое признание государства
consent– согласие, соглашение
good faith –добросовестность, честность, честные намерения
to incorporate – объединять, соединять (в одно целое)
to assume -брать на себя (обязательства)
capacity– дееспособность
4.1.2 Read and translate the text.
There are two main branches of international law: private and public. Private international law concerns the role of foreign laws within a particular country. For example, if an Englishman wants to sell property he owns in France to another Englishman, any English court must consider French law when deciding the legitimacy of sale. The term international law, however, more often refers to public international law, or the law of nations. Public international law includes legal rules that apply between sovereign states and other entities which have international personality.
International law forms a contrast to municipal or domestic law. There are some important differences between international law and the law of individual states. International law applies only between entities that have international personality; municipal law regulates the conduct of individuals and other legal entities within a separate state. Domestic laws are passed by legislative bodies; international laws or rules of international laware created by agreements among governments. Enforcement of international law is also different. Many international agreements are not always binding.
Although there is no effective international law-enforcing body, many states now incorporate principles of international law into their own domestic law for the purpose of mutual cooperation and peaceful coexistence.
The main sources of international law are:rules of international customary law, general principles of law recognized by civilized nations,and treaties.
The basic rules of customary international law can be summarized in the following fundamental principles:recognition, consentandgood faith.
General principles of international law recognized by civilized nationsinclude the following provisions:
(a) not to use force against the territorial integrity or political independence of any State;
(b) to settle international disputes by peaceful means;
(c) not to intervene in matters of another State;
(d) to cooperate with one another;
(e) equal rights and self-determination of peoples;
(f) sovereign equality of States;
(g) to fulfill the obligations assumed by them.
A treaty is a written agreement between states. By treaties the subjects of international law may declare, modify, or develop existing international law. Among the issues of international law governed by treaties, five are of special significance: territory; diplomatic law and immunity; the protection of nationals abroad; freedom of commerce and navigation; extradition and asylum; and succession of international rights and obligations.
States have traditionally been recognized as the sole subjects of international law, but this position has been changed. And now international organizations and individuals are also subjects having limited capacity (when their legal rights are specified by treaty).
An international organization is an organization set up by agreement between two or more states. They range from organizations of universal membership and general competence (the UN), to regional organizations with specialized functions (NATO, European Union). Functions and powers of international organizations as an international personality are established in the constitution of a particular organization.
Individuals do not exercise international rights unless conferred expressly by treaty. The examples are: the European Convention on Human Rights 1950, the International Covenant on Civil and Political Rights 1966, and the International Covenant on Economic, Social and Cultural Rights 1966.
4.1.3 Read the text again to answer the following questions.
1) What are the two main branches of international law? What do they deal with?
2) What are the differences between international law and domestic or municipal law?
3) Why do many states now incorporate principles of international law into their own domestic law?
4) What are the main sources of international law?
5) In what way can the basic rules of customary international law be summarized?
6) What do general principles of international law recognized by civilized nations include?
7) What is a treaty?
8) What issues of international law are governed by treaties?
9) Who can be recognized as subjects of international law?
4.2. FORMATION, AIMS AND ENLARGEMENT
OF THE EUROPEAN UNION
4.2.1 Study these words before reading the text.
European Union (EU) – Европейский союз
Community –сообщество; объединение; содружество
European Community – Европейское сообщество
European Coal and Steel Community – Европейское объединение угля и стали
European Economic Community (EEC) – Европейское экономическое сообщество
European Atomic Energy Community (Euratom) – Европейское сообщество по атомной энергии (Евратом)
to merge –сливаться
enlargement –расширение
Northern enlargement
Mediterranean enlargement
Neutral enlargement
Eastern enlargement
expansion –расширение
Eastward expansion
to seek sth –стремиться к чему-либо, добиваться чего-либо
membership –членство
to meet(a requirement, criterion)–соответствовать, отвечать, удовлетворять (требованиям, критериям и т.п.)
to accommodate –размещать, устраивать
4.2.2 Read and translate the text.
The European Union (EU) is a union of now 27 independent states based on the European Communities.
The original members – France, West Germany, Belgium, Luxemburg, Italy and the Netherlands – founded the European Coal and Steel Community (ECSC) in 1951under the Treaty of Paris. The aim of the ECSC was to control the manufacture of arms and, therefore, prevent another world war. Six years later, they signed the Treaties of Rome, creating the European Economic Community (EEC) and European Atomic Energy Community (Euratom) which were designed to cooperate in nuclear research and to improve Europe’s economic strength. In 1967 all three communities fully merged as the European Community (EC).
The original six were joined by the UK, Ireland and Denmark (Northern enlargement) in 1973, Greece in 1981 and Spain and Portugal (Mediterranean enlargement) in 1986, and in the same year, the countries signed the Single European Act, which laid the foundation for free movement of goods and people within the Community (the single market), and for greater political unity.
In 1992, the governments of the 12 member states signed the Treaty on European Union (also known as the Maastricht Treaty). The treaty defined the aims of a single currency, joint defense and foreign policies, and cooperation on justice and home affairs. The Maastricht Treaty transformed the EC into the European Union. In 1994, Austria, Finland and Sweden (Neutral enlargement) joined the European Union, bringing the total membership to 15 members.
The Treaty of Amsterdam, which came into effect in May, 1999 provided a framework for the EU eastward expansion.
Objective criteria for countries in Central and Eastern Europe to join the EU were agreed upon at the Copenhagen Summit meeting in 1993. Politically, a country seeking membership must be based on the rule of law and democracy; guarantee human rights and protection of minorities. Economically, it must have a functioning market economy competitive within the EU. To be admitted, a country is bound to accept all the laws, principles and obligations adopted by the EU and to incorporate them in its legislation before joining the EU.
Ten new countries joined the EU in May, 2004: Cyprus (Greek part), the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia; and in 2006 Rumania and Bulgaria. The Eastern enlargement has brought with it many new problems. Some of them result from the unequal economies: none of the 12 new members have economies that can meet the economic criteria of the EU. Besides, in order to accommodate 12 new member states, it is necessary to reform both the institutions of the EU and its core policies.
4.2.3 Read the text again to answer the following questions.
1) How many member states are there in the European Union?
2) What were the original members?
3) How was the European Community formed?
4) What were the aims of ECSC, EEC, Euratom?
5) How many enlargements of the EU have there been so far?
6) What countries joined the EC in 1973, 1981, 1986?
7) What was the aim of the Single European Act?
8) What Treaty transformed the European Community into the European Union? What were the aims of the Treaty?
9) When did the Neutral enlargement take place?
10) What is the importance of the Treaty of Amsterdam?
11) What political, economic and legal requirements must a country meet to join the EU?
12) When did the first (second) Eastern enlargement take place? What countries were accepted?
13) What problems has the Eastern enlargement brought with it?
4.2.4 Copy the following table into your notebooks. Read the text again. While reading, fill in the events.
| When? | What happened? |
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