ЭУМК по дисциплине «Иностранный язык для специальных целей» (стр. 7 )

5.3 ОБРАЗЦЫ ТЕКСТОВ ДЛЯ ЧТЕНИЯ И ПОСЛЕДУЮЩЕГО АНАЛИЗА ПО УЧЕБНОЙ ДИСЦИПЛИНЕ «ИНОСТРАННЫЙ ЯЗЫК ДЛЯ СПЕЦИАЛЬНЫХ ЦЕЛЕЙ»

International Law

International Law, unlike most other areas of law, has no defined area or governing body, but instead refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions between different nations, their governments, businesses and organizations, to include their rights and responsibilities in these dealings.

The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters (i. e. the United Nations Charter); protocols; tribunals; memorandums; legal precedents of the International Court of Justice (aka World Court) and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement.

Due to the diverse legal systems and applicable histories of different countries, laws addressing international law include both common law (case law) and civil law (statutes created by governing bodies). Their application covers all the facets of national law, to include substantive law, procedure, and remedies.

There are three main legal principles recognized in much of international law, which are not required, but are based chiefly on courtesy and respect:

-  Principle of Comity - in the instance where two nations share common public policy ideas, one of them submits to the laws and judicial decrees of the other.

-  - Act of State Doctrine - respects that a nation is sovereign in its own territory and its official domestic actions may not be questioned by the judicial bodies of another country. It dissuades courts from deciding cases that would interfere with a country’s foreign policy.

-  - Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. In the U. S., this is governed by the Foreign Sovereign Immunities Act (FSIA) of 1976.

To be determined a sovereign state a nation must run its own government, with its own territory and population. There are both national laws and international agreements which govern/regulate international business transactions, which include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more.

Although there is no definitive governing body overseeing international law, the United Nations is the most widely recognized and influential international organization and the International Court of Justice (ICJ) is its judicial counterpart.

International law may further be broken down as public or private. Public International law covers the rules, laws and customs that govern and monitor the conduct and dealings between nations and/or their citizens. The UN deals largely with public international law. Private International law (Conflict of laws) handles disputes between private citizens of different nations

The Legal System

Law and order and the working of the legal system are of concern to British people. They regularly appear near the top of public opinion polls about the state of the country.

Britain does not have a common legal system. Instead, there are three separate elements – those of England and Wales, Scotland and Northern Ireland. They often differ from each other in their procedures and court names. Some laws are only applicable to one of the nations. But, despite devolution, much Westminster legislation still applies to all of Britain.

British court cases are divided into civil and criminal law. Civil law involves private rights and settles disputes between individuals or organisations. It deals with claims for compensation (financial or otherwise) by a person (plaintiff) who has suffered loss or damage (such as a breach of contract or a negligent act) at the hands of another (defendant). Civil case may be decided by settlement before trial or by a judge (and sometimes jury) after trial.

Criminal law protects society by punishing those (the accused or defendants) who commit crimes against the state, such as theft or murder. The state usually prosecutes an individual or group at a trial in order to establish guilt. The result may be a fine or ch punishment is supposed to act as a deterrent to potential offenders, as well as stating society’s attitudes on a range of matters.

The legal system is among the oldest and most traditional of British institutions. Its authority and influence are due to its independence from the executive and legislative branches of government. It is supposed to serve citizens; control unlawful activities against them and the state; protect civil liberties; and support legitimate government.

The European Union

The European Union (EU) has always had both economic and political goals. The idea to create a peaceful and prosperous Europe was very attractive for the European states after the Second World War.

The first step to the Union was made by the formation of the European Economic Community (EEC) in 1957 under the Treaty of Rome. The EEC was initially based on economic interests, principles of common economic and political development of the Member States, the creation of the Single European Market in which goods, services, people and capital could move freely across national borders.

The increased economic integration lead to a more integrated Europe. A new step in this process was the Maastricht Treaty (1992) under which the EEC was transformed into the European Union. The Treaty introduced common European citizenship for the Member States, made steps for the introduction of common European currency (the Euro), a European Bank and common defense, foreign and social policies, European legislation.

The foundation of the united Europe is based on fundamental ideas and values which were accepted by all Member States. These fundamental values include peace, unity, equality, freedom, security and solidarity. The European Union declared aims to safeguard the principles of liberty, democracy and the rule of law which are fixed in the Treaty on European Union and are shared by all Member States. Together with the protection of human rights and basic freedoms, these principles are reinforced in the EU Treaty by the provisions and measures to be taken if these principles are violated. In practical terms this means that if the Heads of State and Government breach the principles they will face the consequences.

The European Union formed special institutions to govern the Community. These are the European Council, Council of Ministers, European Commission, European Parliament and the Court of European Union.

The activities of the EU are based on common European Union legislation: primary – the Treaties and secondary – regulations and directives issued by European Parliament and European Commission and decisions of the Court of European Union which are obligatory for the implementation and incorporation into national legal systems of the Member States.

Member States provide common policies in a number of areas, including Common Agricultural Policy, Common Fishery Policy, Common Foreign and Security Policy. The EU Member States consult each other on issues of general interest and work together effectively.

5.4 ОБРАЗЦЫ ТЕСТОВ ТЕКУЩЕГО КОНТРОЛЯ ЗНАНИЙ, УМЕНИЙ, НАВЫКОВ

Test 1.

I. Choose the appropriate word

1.  Comments made at the beginning of a trial by the attorneys to the jury sumarizing the factual and legal issues of the case.

A. Closing Arguments

B. Opening Statements

C. Miranda Rights

D. Briefs

2.  He charge of having commited a crime, based on the judgment of a grand jury.

A. Arrest

B. Fraud

C. Indictment

D. Injunction

3.  Ontracts that are implied from the action and conduct of the parties rather than stated in oral or written words

A. Implied-in-fact Contract

B. Agreement

C. Illegal Contract

D. Breach of Contract

4.  The practice of law concerning marriage, divorce, and child custody and support.

A. Criminal Law

B. Probate

C. Estate Planning

D. Family Law

5.  A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for damages caused by the defect, irrespective of fault.

A. Domestic Corporation

B. Doctrine of Strict Liability

C. Equitable Distribution

D. Fraud

6.  Oral will that is made before a witness during the testator's last illness.

A. Last Will

B. Motivation Will

C. Substantive Will

D. Noncupative Will

7.  Crimes usually involving cunning and deceit rather than physical force

A. White-collar Crimes

B. Blue-collar Crimes

C. Misdemeanor

D. Embezzlement

8.  Trial without a jury

A. Arraignment

B. Bench Trial

C. Jury Trial

D. Appeal

9.  An objectively written document in which the researcher informs another of the law governing a specific situation.

A. Shepardizing

B. Inter Office Memo

C. Thesis

D. Memorandum of law

10.  An out-of-court proceeding in which parties submit a dispute to a neutral person for resolution.

A. Jury Trial

B. Arbitration

C. Arbitration Brief

D. Conclusion

Test 2.

I. Choose the appropriate word (a, b, c, d.)

1.  The.................of a property is the person who rents it from the Landlord.

a. Occupier, b. Purchaser, c. Tenant, d. Party

2. I was protected ..................my creditors because of the Bankruptcy Judgement.

a) With b)through c) in d) from

3. The written agreement to live in a house, but not to buy it, is called a …..

a. Contract b. Lease c. Conveyance d. Stay

4. I keep my money in a ........................... account at the bank which means I can have access to it whenever I want it.

a. Usual b. Special c. Deposit d. Current

5.  A cheque is a type of ..................... instrument.

a. Negotiable b. Legal c. Payer d. Tender

6. A document known as a .............................is usually used when you borrow money from a bank to buy a house.

a. Security b. Proof c. Mortgage d. Loan

7.  An act which causes someone else to suffer some form of loss or harm is called a ................... .

a. Tort b. Damage c. Hurt d. Injury

8. ............................. is the word used to describe laws passed by a Country’s Parliament. 

a. Bills b. Legistation c. Schedules -Laws

9. A.......................is a person who starts a case against someone else in a civil court.

A. Sponsor b. Customer c. Client d. Litigant

10. A Public Limited Company is one which can sell its ..................... to the public. 

a. Debentures b. Credit c. Loans d. Shares

11. A ................... is the person who is charged with a crime in a court case.

a. Respondent b. Bailiff c. Defendant d. Pleader

5.5 ИНФОРМАЦИОННО-МЕТОДИЧЕСКАЯ ЧАСТЬ

ЛИТЕРАТУРА

Основная:

1.  Коржуев, и практика высшего профессионального образования / , В. А Попков. - М.: Высшая школа, 2010.

2.  Слепович, английский. Business Communication/ . – Минск: Тетрасистемс, 2012.

3.  Слепович, -коммуникация: Как найти работу с английским языков. Business Communication: Job Hunting in English / . – Минск: Тетрасистемс, 2002.

Дополнительная

1.  Abbott, K. R. Business Law / K. R. Abbott, N. Pendlebury. - 5th edition. – UK: The Guernsey Press Company Ltd., 1995.

2.  Allen, L. Capital Markets and Institutions: A Global View /L. Allen – New York: John Willey & Sons, Inc., 1996.

3.  Barnard, C. EC Employment Law /C. Barnard. - 2nd edition. – UK: Oxford University Press Inc., 2000.

4.  Bell, A. Employment Law in Nutshell /A. Bell. - 2nd edition. – London: Sweet and Maxwell, 2003.

5.  Borchardt, K.-D. The ABC of Community Law /K.-D. Borchardt. - 5th edition. – Luxembourg: European Communities, 2000.

6.  Busby, N. Core European Union Legislation /N. Busby, R. Smith. – UK: Palgrave Macmillan, 2008.

7.  Consolidated European primary law in a searchable format. European Legal Information (ELI)CD-ROM>http//www. smlawpub. co. uk

8.  Cotton, D. Business Class / D. Cotton, S. Robbins. - London: Longman Group UK Limited, 2001.

9.  Elliott, C. English Legal System / C. Elliott, F. Quinn. - 3rd edition. – England: Longman, 2000.

10.  Jacobstein, J. M. Fundamentals of Legal Research / J. M. Jacobstein, R. M. Mersky, D. J. Dunn. – New York: The Foundation Press, Inc., 1994

11.  Jones, L. A. New International Business English / L. Jones, A. Richard. - London: Longman Group UK Limited, 2003.

12.  Hamilton, R. W. Business Basics for Law Students / R. W. Hamilton, R. A. Booth. 2nd edition. –New York: Aspen Law and Business, 1998.

13.  Horspool, M. European Union Law / M. Horspool, M. Humphreys. - 5th edition. – UK: Oxford University Press, 2008.

14.  Kent, P. Law of the European Union / P. Kent. - 3rd edition. – UK: Pearson Education Ltd., 2001.

15.  Slapper, G. Sourcebook on English Legal System / G. Slapper, D. Kelly. - 2nd edition. – London-Sydney: Cavendish Publishing Ltd., 2001.

16.  Martin, J. The English Legal System / J. Martin. – London: Hodder and Stoughton, 2001.

17.  Oliver, M. pany Law / M. S. Oliver, E. A. Marshall. - 12th edition. – London: Pitman Publishing, 1997.

18.  Willey, B. Employment Law in Context / B. Willey. – UK: Pearson Education Ltd., 2000.

19.  Wydick, R. C. Plain English for Lawyers / R. C. Wydick. - 3rd еdition. – USA: Carolina Academy Press, 1994.