Контрольная работа по дисциплине «Межкультурное профессиональное общение на иностранном (английском) языке» (стр. 3 )

The second attack on the legal profession takes the form of a demand that lawyers devote more of their time to nonpaying or low-paying clients because every member of the society is entitled to legal service to guarantee ‘equal justice under law” according to the Constitution. Some officials offer to impose an additional tax on the law firms which do not work with poor clients because they” deny justice”. Such proposal seems to be ridiculous because so long as the practice of law is part of private sector it should be subject to no duties or imposts that other occupations do not share. Working time is meaning money for lawyers. It is impossible to make them give up part of their working time without remuneration. One might with equal reason demand the banker, plumbers professional athletes and union leaders give up part of their revenue to contribute the society development.

Lawyers in general behave a little better than most occupational groups. They give their help almost free of charge to the poor. But the society considers that “slightly better” is not enough because the profession which concerns itself with law and justice should be considerably better than most.

(The Law of the Land 1980, p.261-267)

Вариант 3

Грамматика

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

1. This Governor will do everything for the benefit of all the citizens of the state.
2. The policemen were searching his residence when he came.
3. He has been performing the duties of a police inspector for ten years.
4. The law prescribes, directly or indirectly, a course of human behavior.
5. The logic structure of the law is based on philosophy.
6. The board of directors has already been elected by the stockholders.
7. Such perfect ability according to Western Legal Tradition was placed in people either by God or by Nature centuries ago.
8. The rights protected under the Fourth Amendment have been argued over the past fifty years.
9. Her son will be acquitted if she does not refuse to give evidence.
10. The police officer has taken the man’s documents to look them through.

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

1. The court declared that the proposal was too costly and unnecessary.
2. 60% of the respondents said that they had been threatened by the opposing party in a case.
3. The authorities declared that they were investigating the possibility of new evidence.
4. She asked Ranno what the prosecution attorney was saying about her participation in the crime.
5. She was asked to stand up and Mr. Valley was asked if he had ever seen her at the receptions.
6. Todd said that the police had taken away his driving license.
7. People knew that he produced legal services to clients at lower cost.
8. The authorities promised that they would warn the public about danger.
9. The investigator asked Harry what he had been doing at 2 p. m. the day before.
10. The judge asked if he was pleading guilty freely and voluntarily.

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

1. One of the newest torts in the USA is infliction of emotional distress.
2. The maximum age of jurors in the USA has been raised to 70 years.
3. He had to find out the reason for the accident.
4. The court held that the defendant had been negligent.
5. They have to enter into a contract with that company.
6. He had three passengers in the car when the accident occurred.
7. On Wednesday they were to discuss two important problems connected with the Bill.
8. To administer the law a lawyer has to familiarize himself with definitions and rules, he has to study procedure.
9. But other lawyers have another point of view.
10. He was disturbed by the noise made by his neighbour.

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

1. I have seen Marion in the Inns of Court, she must have been admitted to the bar.
2. There are two legal principles which can be drawn from the judgment.
3. A litigant could go either to the local court or to the Royal courts of Westminster.
4. In England and Wales judges of the High Court may only be removed from the office by petition from both Houses of Parliament.
5. The prosecution should also inform the defense of witnesses whose evidence may help the accused.
6. The General Assembly shall consist of all members of the United Nations.
7. If the people would not come to the King’s justices, then the answer was clearly to send the justices to the people.
8. The defendant is not guilty, the confession must have obtained by threat of bodily harm.
9. The policeman should have made a report about the robbery at once.
10. He should have taken special precautions but he didn’t do it and was killed.

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

1. County court procedure had become too formal and expensive to fulfill its original purpose.
2. To give people the opportunity to preserve their rights and dignity they devoted four of the first eight Amendments to the Constitution to the criminal procedure.
3. Another difficult question to be answered is the question of divorce.
4. Police must describe the place to be searched and the persons to be seized.
5. The defendant is said to have already been examined.
6. He pretended to be looking at them.
7. “I am sorry to have upset you, Miss Mary Brodil,” he said gravely.
8. Now he discussed what he ought to have said instead of what he said.
9. His fate is to be devoted to others and to have no one devoted to him.
10. There is a lot to be seen there.

Чтение.

1. Прочитайте и переведите письменно следующий текст

THE AMERICAN CONSTITUTION AND THE BILL OF RIGHTS

The Constitution of the United States, written in 1787, needed to be ratified by nine states to become June 21, 1788, the necessary number of states had ratified it, but the two largest – Virginia and New York – had not. Many people doubled that the new government could succeed without the support of these influential states. The fears that those two states were not groundless. Federalists supported the Constitution because of increased powers of the new federal government that is why they were opposed to the Bill of Rights. James Madison one of the most important Federalist leaders together with John Jay and Alexander Hamilton wrote the Federalist papers, a lengthy series of newspaper articles defending the new Constitution. Alexander Hamilton outlined the reasons why Federalist adding a bill of rights to the Constitution. He pointed out that the constitutions of several states, including New York, had no bill of rights. He also emphasized that the proposed federal Constitution protected a number of individual rights in the text. Beyond being unnecessary, Hamilton argued, a bill of rights could well prove dangerous because it might imply powers that the government did not have. “Why declare things that shall not be done”, Hamilton asked, “which there is no power to do?”
Anti-Federalist opposed the Constitution because they feared the expanded powers of the federal government. They worried that the federal government under the Constitution would be just as tyrannical as the British king they had recently opposed. The anti-federalist leaders George Madison and Patrick Henry of Virginia were the chief advocates for a bill of rights, and the absence of one in the new constitution became the greatest stumbling block to its ratification.
The state conventions held to ratify the Constitution became a battleground between Federalist and Anti-Federalists. Support of the Bill of Rights was so strong in some states that many Federalists conceded the issue. They proposed to ratify the Constitution, but to recommend possible amendments to the first Congress the would convene after the Constitution was ratified by nine states. The Federalist position finally prevailed. The states ratified the Constitution with their recommendations for later amendments. Virginia one of the most influential states proposed the most comprehensive list of amendments. They included all the individual rights that would later be protected in the federal Bill of Rights.
The principal sponsor of the Bill of Rights in Congress was James Madison. He insisted on the forthcoming discussion of the proposed amendments because some legislators believed that the proposed amendments should wait until more experience was gained about the specific laws in the new government. But Madison warned that if Congress continued to postpone action the public “may think we are not sincere in our desire to incorporate such amendments in the constitution as will secure those rights, which they consider as not sufficiently guarded.
Finally the Bill of Rights as “the greatest charter of personal liberty” was ratified in 1791 by nine states. It is less than 400 words, but the first ten amendments to the Constitution contain many rights freedom of religion, speech, press, assembly, and petition, the right “to be left alone” protected by the Fourth Amendment, the right protecting the defendants and prohibition of double jeopardy, the right against self-incrimination, the due process right, the right for speedy and public trial and trial by jury, the right against excessive bails, etc.
The Bill of Rights “the work of many heads and many hands” according to Madison is one of the most important legal documents protecting along with Constitution the rights that belong to every person by law, nature and tradition.

(The Current Issues 1994, p. 153-154; The Bill of Rights. A User’s Guide 1991,

p. 13, 21, 33 - 37, 231)

2. Письменно переведите и запомните следующие слова и словосочетания:

state convention held to ratify, power, concede, prevail, legislator, postpone action, amendment, defendant, double jeopardy, self-incrimination, due process of law, speedy and public trial, excessive bails, trial by jury, stumbling stone

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

to protect, commonwealth, a series of, anger, to mark, perilous, to emphasize, lawyer, to pronounce, right, positive, community, freedom, the accused, inordinate

4. Выберите и вставьте нужное слово или словосочетание

1. The Constitution of the United States needed to be ratified … to become a law.

a) by five states;

b) by all the states;

c) by nine states

2. Federalists supported the Constitution because …

a) they wanted to strengthen the nation;

b) of increased powers of the new federal government

c) they agreed with their opponents.

3. Anti-Federalist worried that the federal government under the Constitution would be …

a) too weak to settle the problems;

b) just as tyrannical as the British king;

c) unable to preserve democracy.

4. The principal sponsor of the Bill of Rights in Congress was …

a) James Madison;

b) Alexander Hamilton;

c) Thomas Jefferson.

5. The Bill of Rights is one of the most important …

a) legal bodies;

b) legal documents;

c) contracts.

5. Закончите предложения. Запишите их.

1.Alexander Hamilton also emphasized that the proposed federal Constitution________ 2.Anti-Federalists opposed the Constitution because they feared________________ 3. The states ratified Constitution with________________ 4. Madison warned that _______________ 5. The Bill of Rights along with Constitution is one of the most important legal document protecting_________________

6. Письменно ответьте на вопросы.

1. Why did two the most powerful states (New York and Virginia) not ratify the Constitution? 2. What arguments did Alexander Hamilton give against the Bill of Rights? 3. Who were the Anti-Federalist main leaders? 4. How did James Madison define the fact of absence of the Bill of Rights in the process of Constitution ratification? 5. Why did Federalist concede the issue of the Bill of Rights at the convention? 6. Why did the insist on ratification of Constitution without the Bill of Rights? 7. How many words does the Bill of Rights contain? 8. What freedoms does it protect? 9.Why did Madison say that the Bill of Rights was the work of many heads and hands? 10. Do you think that it is necessary to provide a separate protection of personal rights and freedoms? Give your reasons.

7. Переведите текст и напишите к нему аннотацию.

JAMES MADISON AND “NAUSEOUS PROJECT”

James Madison () was a reluctant supporter of the Bill of Rights, although he is credited as its author. As a Federalist, Madison initially opposed adding a bill of rights to the Constitution. But his friend Thomas Jefferson and the voters of Virginia convinced Madison that a bill of rights was both philosophically sound and politically necessary.

Madison faced an uphill battle getting the Bill of Rights through the first Congress. When the legislators finally agreed to hear Madison’s suggested amendments, they criticized his proposal unmercifully. Opponents referred to Madison’s amendments as “milk and water” and “water gruel” designed to cure the imaginary illness of the public.

Some Anti-Federalist in Congress accused Madison of more ominous offering the people meaningless amendments, they argued, Madison was distracting attention from the serious dangers to liberty posed by a strong central government. Madison’s critics charged that his amendments were “a tub thrown down to a whale” – referring to sailors’ practice of throwing out a wooden tub to distract a whale and prevent it from attacking the ship itself.

Such conclusions were made due to the fact that bill Madison’s first draft for the Bill of Rights was not a separate bill of rights as such. At first he intended for his amendments to be inserted into the actual text of the Constitution at the appropriate places. Madison based his proposals on the amendments recommended by the state ratifying conventions, in particular from Virginia. Even George Mason, being the chief advocate of a bill of rights, offered Madison little support. Mason commented his decision saying that after his election to Congress Madison had become “the patron of amendments” . Mason added that he did not have the least hope for any important and substantial amendments.

Madison was hurt by such reaction of his former supporter because he was not the author of the Bill of Right but he was only an editor. He did not rely on his own original ideas, but rather selected among the nearly 100 different provisions offered by the states. He chose only the amendments on which there was a consensus among the states. He specially avoided any that might prove controversial, which would delay their ratification in the states and make a second constitutional convention more likely. Being a firm federalist, he was sure that Constitution should be ratified before a bill of rights was added because he feared that another constitutional convention would give some Anti-Federalists to opportunity to strip the new government of its important powers.

Congressional debates over the Bill of Rights were extremely difficult and fatiguing and “exceedingly wearisome”. Members of Congress challenged each other to duels at one passionate point in the debates. After months of congressional deliberations, Madison called the Bill of Rights a “nauseous project”. But Madison’s skills of lobbyist finally paid off, and Congress approved the final version on the Bill of Rights on September 25, 1789. Madison believed that his creation would become the legal check which had been put in the hands of judiciary to secure independent tribunal of justice and the most important personal rights and liberties. Madison was right. The Bill of Rights has celebrated its bicentennial and sixteen other amendments have been added to it.

(The Bill of Rights. A User’s Guide 1991, p. 32-35, 231)