Контрольная работа по дисциплине «Межкультурное профессиональное общение на иностранном (английском) языке» (стр. 2 )

6. Письменно ответьте на следующие вопросы к тесту

1. How is law defined in the “Black’s Law Dictionary”? 2. Is our attitude to the law definite or not? 3. What should the law protect people from? 4. What has every society worked out in every age? 5. Why is it necessary to restrict the complete freedom of an individual member of the society? 6. Who does law protect us from? 7. What system does law provide to protect the society?

7. Прочитайте и переведите следующий текст. Напишите к нему аннотацию

THE SOURCES OF ENGLISH LAW

On the Continent the writing of legal authors form the important source of law. In England, in accordance to the tradition the courts are interpreters of the law. That is why the sources of law are the sources which the courts use to define what law is it. Traditionally laws are arranged in two main categories according to their form, i. e. written or unwritten.

The term “written law” signifies any law that is formally enacted, whether reduced to writing or not. The expression “unwritten law” signifies all unenacted laws.

The main sources of both type of laws are customs, common law and precedents.

A custom is a right or duty which has come to exist because people thought that it was right to let things go in a special way. In other words, customs are social habits and patterns of behavior which all communities developed without conscious creation or special formulation. Customs as the oldest sources of law could either be general or local. Ggeneral customs, i. e. customs universally observed throughout the realm either do not exist or have become absorbed by the rules of law. For example many of the early rules of common law were general customs, which the courts adopted and followed. As a matter of fact general custom became laws long ago.

Local customs are the customs of particular group of people living in particular localities. Sometimes such customs are capable to create a “special law” for the locality? Which may be different from the general law of the land. For instances, basing on the local custom of some places in the Southern England the Court of appeal in Mercer v. Denne (1905) affirmed that there was a customary right for fishermen to dry their nets on any privately owned beach. If the origins of some customs have been obscured in the course of time the courts recognize new customs making them the rules of law.

Another source of law is common law. This system of law was based on Norman law. The development of common law system resulted in the uniform application of the law throughout the country and settling the problems and disputes between citizens as they arose. The common law system brought legal textbooks and that was very much more important the doctrine of judicial precedent.

The doctrine of precedent is still a central feature of modern common law systems. According to it, judges are guided by the decisions of judges in earlier similar cases. Even when governments make new laws - statutes, these laws are interpreted by the courts in order to fit particular cases. Sometimes it is said that in reaching the decision a judge is merely declaring what the common law has always been.

So, one can state that the main feature of Anglo-American legal system is that versions of Roman law had little impact on English law though they had a long influence on many parts of Europe.

(Success in Law 1992, p. 7-12, “Английский язык: гуманитарные специальности“ 1998, с. 216-217, 221-222)

Вариант 2

Грамматика

I. Перепишите следующие предложения и переведите их письменно на русский язык, обращая внимание на времена глагола:

1. The law against murder does not describe a phenomenon as the law of nature.
2. This judge tried few civil cases last year.
3. They have already fixed the date of the trial
the next year he will have been working for the company for thirty years.
5. In spite of the fact that it is very difficult to define the truth, much of the law has been designed to reflect societal norms of conduct.
6. The income of the sole proprietors is taxed as personal income.
7. The decision of the judge has affected public opinion.
8. The appeal will be heard in the Criminal Division next Tuesday.
9. The government has been exercising supervision over the police for many years.
10. The number of the members in the House of Representatives was fixed by the Congress in 1912.

II. Перепишите следующие предложения и письменно переведите их на русский язык, учитывая правило согласования времен:

1. The judge said that he often needed expert advice on a particular subjects.
2. Many of the schoolchildren reported that they had been victims of domestic violence.
3. He didn’t believe that any harm would ever come to him.
4. Smalley said that the receptionist’s desk in her office was equipped with panic button.
5. The Senator declared that a number of states were going to pass statutes establishing integrating bars.
6. The victim was asked when she usually came back home.
7. He said that the case would be tried on indictment in the Crown Court.
8. Later Isabel heard that the man who had been given a job a week before had a degree of the Bachelor of Commerce.
9. She asked him what their daughter had told the police.
10. Frank was asked why he suspected his wife of having committed the crime.

III. Перепишите следующие предложения и письменно переведите их на русский язык, обращая внимание на функции глаголов ‘to be’ и‘to have’:

1. The members of the House of Lords have just adopted the Bill.
2. She had to choose between two conflicting decisions.
3. They are sure that he is eligible for the state service.
4. Two hours ago the victim was brought to the hospital.
5. The trial is to begin at 11 p. m.
6. He has some important documents connected with this case.
7. The suspect had two previous convictions.
8. He is a most successful lawyer in this town.
9. The evidence had been given before he came.
10. She is looking for the article connected with public nuisances.

IV. Перепишите следующие предложения и письменно переведите их на русский язык, обращая внимание на значение модальных глаголов:

1. One can predict the likely outcome of a case because judges follow earlier decisions on similar cases.
2. A policeman may arrest a person without a warrant under the arrest scheme.
3. The laws of England and Scotland ought to be uniform.
4. He was discharged and no action must be taken against him.
5. Each member state shall have not more than five representatives in the General Assembly.
6. It is strange, but Nancy has violated the traffic rules: she must have taken no notice of the road signs.
7. The Bill should have provided greater access to the courts for low income people but it was not passed.
8. The defendant looks quite happy – he must have hired an experienced lawyer.
9. Don’t be irritated with the policeman. You should have stopped at the red light.
10. In those days the judges would try the case, and, in the event of conviction, would deal out some suitable punishment.

V. Перепишите следующие предложения и письменно переведите их на русский язык, обращая внимание на формы инфинитива:

1. The application to allow a private prosecution to decide whether it is legal to offer a book for sale in Scotland was refused by the High Court in Edinburgh.
2. The criminal knew that people were less likely to be coming in or going out of the store at that hour.
3. Read the Act very carefully to make sure you identify all the relevant factors.
4. Parties should be entitled to be represented by a barrister or solicitor in all but the simplest cases.
5. That which seems to have been explained clearly by the writer may not be so found by the reader.
6. For false imprisonment to be proven four elements must be present.
7. To be guilty of battery a person must have an intention to injure you.
8. He was not a person to commit a crime.
9. You were told to be careful – and you oughtn’t really to have left England for at least another month.
10. She is expected to be translating the article now.

VI. Чтение

1. Прочитайте и переведите письменно следующий текст:

THE LEGAL PROFESSION

The legal profession is one of the most ancient professions which appeared at dawn of the Middle Ages and helped people to survive. It was priests who performed the function of judges. Later in Anglo-Saxon times the administration of most early Anglo-Saxon law was committed to two institutions: the blood feud and lynching. Primitive societies typically use family fighting to redress certain kinds of misbehavior. In Anglo-Saxon England there was not a special class of people engaged in administration justice. Every member of community could charge any other person with a crime. After that the whole community was obliged to chase the culprit and when it caught him kill him. It was a sort of relay race on the one hand but on the other hand it was an instrument of government.
In the modern world the legal profession plays a very significant role. The court system of any country depends upon the legal profession to make it work. Although any person can institute any cases under the law and defend himself or herself as a rule lawyers do this job for individuals.
Great Britain seems to be the unique country in having two different kinds of lawyers, i. e. barristers and solicitors. Barristers and solicitors conduct separate jobs in the legal system. Each branch has its own characteristic functions and a separate governing body. The division of the legal profession is due mainly to historical causes. It resulted in the separation between civil and criminal courts. Also it had a significant impact upon judicial appointment.
The traditional picture of the English lawyer is that the solicitor is the general practitioner, confined mainly to the office. The solicitor is a legal advisor of the public. A member of the public is able to call at the solicitor’s office and seek his advice in a personnel interview. It is the solicitor who instructs the barrister on the client’s behalf by delivering a “brief” to a barrister. All non-litigious matters of the clients are dealt with by solicitors. Solicitors are entitled to represent their clients in the lower courts and to appear before the Master and the Judge when sitting “in chambers”. There is no end to the variety of matters which a solicitor deals with. He does legal work involved in buying a house, he writes legal letters for you and carries on legal arguments outside Court, he prepares the case and the evidence for the barristers. Solicitors give legal advice on making a will. The position of the solicitors who are regarded as officers of the court is regulated by the Act of Parliament. Every solicitor must be a member of the Law Society – the main governing body of solicitors.
A barrister represents the higher level of the legal profession. He is required to have reached an accepted educational standard, to have passed examinations conducted by the Council of Legal Education and to have become a member of one of the Inns of Сourt (the main governing body of the barristers). Barrister are called to the bar by one of the Inns of Court that is why they are subject to the jurisdiction of their particular Inn. Barrister are divided into junior barristers, senior barristers and King’ Counsels. King’s Counsels are appointed by the King from among the senior barristers. Any senior barrister with a sufficient practice may apply to the Lord Chancellor for a patent appointing him King’s Counsel. All King’s Counsels are entitled to wear a silk gown, that is why “to take silk” means to be appointed a King’s Counsel.
The barristers have the exclusive right of audience in the higher courts (the High Court of Justice and the appellate courts) but all barristers must be consulted by the solicitors. Today the line of demarcation between barristers as the lawyers taken up with the court-room appearance and solicitors being only the advisors of the public is being slightly blurred.

(The Law of the Land 1980, p.91-95; “Английский язык: гуманитарноые специальности” 1998, с.240-241; 249)

2. Письменно переведите и запомните следующие слова и словосочетания:

administration of law, to redress certain kinds of misbehavior, to charge with a crime, to institute a case, judicial appointment, a legal advisor, to seek an advice, brief, master, to sit in chambers, legal letters, to make a will, to have a right of audience

3. Найдите в тексте синонимы следующих слов и словосочетаний в тексте и запишите их:

barristers and solicitors, society, offence, criminal, murder, person, work, separation, influence, case, consultant, justice

4. Выберите и вставьте нужное слово или словосочетание:

1. It was…who performed the function of the judges.

a)  feudal lords;

b)  members of the public;

c)  priests

2. The division of legal profession in two separate branches resulted in…

a)  separation between civil and criminal courts;

b)  increasing of litigation cost;

c)  delay of litigation

3. A member of the public is able to call at the solicitor’s office…

a)  to get some knowledge of the legal system;

b)  to seek his advice in a legal interview;

c)  to get his license

4. King’s Counsels are appointed by…

a)  the Lord Chancellor;

b)  the king;

c)  Parliament

5. Закончите предложения. Запишите их.

1. The legal profession is one of….2. The court system of any country depends upon… 3. The traditional picture of the English lawyer is… 4. A solicitor does legal work involved in… 5. A barrister is required to… 6. All King’s Counsels are entitled to… 7. The barristers have the exclusive ….

6. Письменно ответьте на следующие вопросы к тексту

1) When did the legal profession appear? 2) What is the role of the legal profession in the modern world? 3) How is the legal profession arranged in Great Britain? 4) What an impact does such division have on the British court system? 5) What are the duties of solicitors? 6) How is the position of solicitors regulated? 7) What is necessary to become a barrister? 8) What right does a barrister have? 9) What is the governing body of solicitors and barristers?

7. Прочитайте и переведите следующий текст. Напишите к нему аннотацию

THE LEGAL PROFESSION AND ITS PROBLEMS

The legal profession constitutes the backbone of any legal system helping the community as well as its members to settle various disputes and arguments and to maintain peace and order. As a matter of fact the legal profession is one of the most important professions existing in the world. But it is necessary to mention that any advice given by a lawyer is not free of charge.

Any advocate needs money to “fuel his fires’ In other words there is no lawyer who helps the citizen’s to understand his legal rights and duties without his fee. As has the most people consider a modern lawyer desires two things, i. e. to get rich and win as many litigations as he can.

Any lawyer tries to increase the cost of a given lawsuit billing a lot of lawyers–hours to his client concentrating on the tasks to impress his client and get more money but not at the task at hand. Such policy on the part of the lawyers makes the society feel being fooled and duped. Any citizen wants to have a stake in a democratic society. Everybody knows that in the category of evil, injustice has a prime place. Both every person and the society as a whole feel a great injustice when lawyers make an effort to increase their salaries at the expense of the clients, their consumers.

The high price of legal services to the public resulted in the so-called “consumer” attacks on the legal profession Such attacks come both from the outside and from within the profession itself. They have two principal forms.

One has been the demand recently successful, that the legal profession give up is traditional prohibition on advertising. The proponents of advertising state that if law firms advertise, the clients will have a chance to choose better, cheaper and more suitable legal services. Due to advertising one can introduce competition on the market of legal services. But the representatives of the legal profession opposed to this idea are sure that introduction of advertisement in legal practice can only worsen the situation because it will promote negligent and careless legal firms. They are sure that the nature of legal work is such that it cannot be evaluated except on the basis of intense association. It is a wise client, and a rare one, who knows whether a lawyer is returning him his money worth. So, advertising is dishonest on most what it hawks; so far as the law is concerned, it would communicate little that is useful even if it honestly tried. The proponents of legal advertising managed to win their battle and repulse the first “consumer” attack in the Supreme Court. It held that under the First Amendment the legal profession has special restraints which include banning of commercial advertising which is a rather ugly distortion of a guarantee of our liberty of conscience.