Английский язык в сфере юриспруденции. Методические рекомендации и контрольные задания для студентов заочной формы обучения
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T e x t 2 Who is Who in the Law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts: MAGISTRATES. Magistrates are unpaid judges, usually chosen from well–respected people in the local community. They are not legally qualified. They are guided on points of law by an official, the Clerk. SOLICITORS. After the suspect was arrested, the first person he/ she needs to see is a solicitor. Solicitors are qualified lawyers who advise the person and help prepare the defence case. BARRISTERS. In more serious cases, or where there are special difficulties, it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. JURORS. A jury consists of twelve men and women from the local community. They sit in the Crown Court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. JUDGES. Judges are trained lawyers nearly always exbarristers, who sit in the Crown Court and Appeal Court. The judge rules on points of law, and makes sure that the trial is conducted properly. He/she does not decide on the guilt or innocence of the accused – that is the jury's job. However, if the jury find the accused guilty, then the judge will pass sentence. T e x t 3 Solicitors and Barristers England is unique in having two different kinds of lawyers. They are solicitors and barristers. If a person has a legal problem, he goes to see a solicitor. Almost every town has at least one. In fact, there are about 60,000 solicitors in Britain. Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in magistrates’ courts. He prepares the case and the evidence. He may represent his client in the lower courts. In a civil action, he can speak in the county court, when the case is one of divorce or recovering some debts. Besides, a solicitor deals with other matters. He does the legal work involved in buying a house, he writes legal letters for you, he helps you to make a will, etc. Barristers are different from solicitors. Barristers are experts in the interpretation of the law. They advise on really difficult points, and conduct legal proceedings in the higher courts. Barristers are rather remote figures. A barrister’s client can come to him only via a solicitor. Barristers do not have public offices in any street. They work in chambers, often in London. There are about 6,000 barristers in England. Usually only barristers can become judges in English courts. Выполните письменно свой вариант контрольной работы: Контрольная работа №1 Вариант 1 Упр. I: Перепишите следующие предложения, раскрывая скобки. Переведите предложения письменно. 1. Crimes committed by the juveniles (try / are tried) in juvenile courts. 2. The Lord Chancellor (appoints, is appointed) Justices of the Peace. 3. Some minor cases (hear / are heard) by 2 magistrates. 4. This case (will consider / will be considered) next week. 5. Justices of the Peace (choose / are chosen) from ordinary people 6. Magistrates (advise / are advised) on points of law by the clerk of the court. 7. A serious crime (committed / was committed) last week in this town. 8. Twelve men and women (will select / will be selected) from the local community to try this case. Упр. II: Заполните пропуски правильной видо-временной формой глагола. Перепишите и переведите предложения. 1. Magistrates ……….. minor cases. will be tried 2. They ………. this case two days ago. is tried 3. A serious case ………. in the Crown Court will try last month. try 4. The County Court ………. this case in 2 days. tried 5. As this case is connected with property was tried rights it ……… by the High Court. 6. If an offender is under seventeen, his case …… the juvenile courth Упр. III Перепишите следующее предложения; подчеркните Participle I и Participle II и установите функции каждого из них, т.е. укажите, является ли оно определением, обстоятельством или частью глагола-сказуемого. Переведите предложения на русский язык. 1) The fine paid amounted to three hundred dollars. 2) The police investigating the case are looking for three men. 3) All criminal trials in Britain are held before a judge and a jury consisting of twelve ordinary people. 4) Knowing English well, he translated the text without a dictionary. Упр.IV Переведите текст письменно. Judges in Great Britain. In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called “Magistrates”, or “Justices of the Peace” (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have “common sense” and understand their fellow human beings. They work voluntarily. They are appointed by the Lord Chancellor on the recommendation of local advisory committees. A case is usually heard by a bench of three magistrates who are advised on the law by the clerk of the court. There are about 30,000 magistrates and they hear over 90 per cent of criminal cases. Besides, there is a small proportion of district judges. These are fulltime paid judges appointed by the Queen on the recommendation of the Lord Chancellor. There are about 100 district judges in England and Wales. They sit in the magistrates’ courts in the larger cities, particularly in London. A case is usually heard by a single district judge. Barristers or solicitors of seven years’ experience can be appointed district judges. A distinctive feature of the British system in comparison with many continental systems is that it does not have law schools training judges. Judges are chosen from lawyers who gained considerable experience as legal practitioners before they are appointed to the judiciary. In continental systems a law graduate can choose to be a judge at the beginning of his/her career. In Great Britain they cannot. The vast majority of judges are magistrates. A small proportion of judges are not magistrates. They are called “High Court Judges” and they deal with the most serious crimes, such as those for which the criminal must be sent to prison for more than a year. High Court Judges are paid salaries by the state and have considerable legal training. The work of judges is not easy. They even make mistakes sometimes. These mistakes are often overruled by appeal courts. People usually say that the judge has ‘power over the lives and livelihood’ of all litigants who enter the court. . The judge’s decision may frequently affect the interests of individuals and groups of people who are not present in court. That’s why it’s true to say that the judge has burdensome responsibilities to make decisions. That’s why we say that the judge’s work is not easy. Вариант 2 Упр. I Перепишите следующие предложения, раскрывая скобки. Переведите предложения письменно. 1. All criminal cases (start / are started) in the magistrates’ courts. 2. This serious case (referred / was referred) to the Crown Court. 3. The jury (will decide, will be decided) on guilt or innocence of this man. 4. English law (bases / is based) on the common law tradition. 5. Accusatorial procedure (means / is meant) that judges do not investigate the cases. 6. This case (will try / will be tried ) by 2 magistrates. 7. This matrimonial matter ( dealt with / was dealt with) the solicitor. 8. A solicitor (prepares, is prepared) the case and the evidence for the trial Упр. II Заполните пропуски правильной видо-временной формой глагола. Перепишите и переведите предложения. 1. Baristers … really difficult matters. 2. Magistrates … on points of law by a court clerk. advised 3. I … to see a solictor on this matter yesterday. advise 4. The solictor … you how to write a will. are advised 5. If you come to see a solicitor, you … on all the will be advised problems connected with your property. was advised 6. The solicitor … me to begin an action to recover will advise the debt Упр. III Перепишите следующее предложения; подчеркните Participle I и Participle II и установите функции каждого из них, т.е. укажите, является ли оно определением, обстоятельством или частью глагола-сказуемого. Переведите предложения на русский язык. 1) While entering the office they discovered that there was nobody there. 2) The evidence carefully collected and preserved was presented to the judge. 3) This is the information obtained from the victim. 4) She sent me a letter stating these facts. Упр. IV Переведите текст письменно. Judicial System of the USA The Supreme Court is the highest judicial organ of the United States and the head of the judicial branch. The Supreme Court consists of the Chief Justice of the USA and such a number of Associate Justices as may be fixed by Congress. Power to nominate the Justices is vested in the President of the United States, and appointments are made by and with the advice and consent of the Senate. The appointments are made for life, that is, a Justice cannot be dismissed from his/her post. A Justice may if he/she so desires, retire at the age of 70 after serving 10 years as a Federal Judge, or at the age of 65 after 15 years of service. The Supreme Court has the right to declare unconstitutional any law passed by Congress, or any order issued by the President. The USA is divided into 13 federal judicial circuits, each one being served with a court of appeals known as the United States Court of Appeals for the circuit. Included in these 13 judicial circuits is the Court of Appeals for the District of Columbia and the Court of Appeals for the Federal Circuit. There are about 90 district courts in the USA. Each state is comprised of one or more federal judicial districts, and in each district there is a district court. The United States district courts are the trial courts with general Federal jurisdiction over cases involving federal laws or offenses and actions between citizens of different states. Each state has at least one district court. There is also a United States district court in the District of Columbia. Only one judge is usually required to hear and decide a case in a district court, but in some kinds of cases it is required that three judges be called together to comprise the court. In districts with more than one judge, the judge senior in commission who has not reached his seventieth birthday acts as the chief judge. II СЕМЕСТР • модальные глаголы и их эквиваленты, • времена группы Continuous (Present, Past, Future) в активном залоге • времена группы Perfect (Present, Past, Future) в активном и пассивном залоге. Выполните следующие упражнения: I. Переведите следующие предложения, обращая внимание на видо-временную форму глагола. 1. Why are you leaving so soon? - I'm hurrying to the University. I attend the meetings of the English Club on Fridays. 2. I've already done my shopping and now I'm cooking dinner. 3. She takes her little daughter to the kindergarten every day. 4. Somebody left the light on all night. 5. They are going to get married. 6. He is often seen in the library of the University. 7. They had packed their suitcases before I came. 8. I'm afraid we'll be late if we don't hurry. 9. The letter has just been typed. 10. He never misses his English classes as he is going to London soon and wants to speak English very well. 11. Will you be through with your exam in an hour? 12. These houses were built more than 25 years ago. 13. Were you getting ready for your exam all day long yesterday? 14. The translation will have been done by Monday. 15. English is spoken in many countries of the world. 16. I've already passed all the exams and I’m leaving for my native town tonight. 17. The articles had been translated and typed by last Tuesday. II. Прочитайте и переведите следующие предложения: 1. You can and you must do this work. 2. There will be no meeting after classes. You may go home. 3. May I take this book home? - I'm afraid not. 4. You needn't take a bus. You can walk there. It's not far from here. 5. There are little children in the room. You mustn't smoke here. 6. Did you have to translate the text in writing? - No, I didn't. 7. He has to get up rather early as he lives far from the University. 8. She had to stay at home yesterday because she was ill. 9. He is to make a report at the conference. 10. He needn't go to the library, I can give him the book he needs. 11. You should be more attentive in class. 12. Kate is in hospital. You ought to go to see her. 13. I hope they will be able to speak English fluently soon. 14. Ann is still very weak. She won't be allowed to leave home. 15. He'll have to work hard to be able to pass all exams successfully. 16. Mr. Smith is to meet the delegation at the airport. 17. I couldn't go for a walk yesterday as I had to do much work about the house. 18. We are to take five tests and four exams in January. 19. Must she water the garden? - No, she needn't, it looks like rain. 20. May I smoke here? - No, you mustn't. III.Прочитайте и переведите следующие предложения: 1. I can't tell you the time. I've left my watch somewhere. 2. There is no point in asking him to help us. He's sold his car and hasn't yet bought a new one. 3. Have you ever been to the USA? - Not yet. 4. She's done the translation, and now she's going home. 5. We haven't met him since we finished school. 6. They've lived in Serov since they graduated from the University. 7. Have you seen them lately? - Unfortunately not. 8. Has she already passed all the exams? - Yes, she has. She has passed them with good and excellent marks. 9. Who has written out the new words from the text? - Everybody has. 10. I'm glad to meet you. - So am I. I haven't seen you for ages. IV Ответьте на следующие приказания по модели: Model: Open the window! - But I've already opened it. 1. Water the flowers! 2. Cut the bread! 3. Dust the furniture! 4. Take the books to the library! 5. Translate Text 2 on Page 54! 6. Write out new words from the text! 7. Learn the poem by heart! 8. Buy a good dictionary! 9. Wash your hands! 10. Send her photo to him! 11. Read the article! 12. Listen to the latest news! V Найдите правильный ответ: 1. Participle II правильных глаголов образуется при помощи: a) -ing b) -ed c) -es d) -s e) –en 2. Participle II неправильных глаголов образуется при помощи: a) -ing b) -ed c) –es d) по разному (вторая форма глагола) е) по разному (третья форма глагола) 3. Какие глаголы образуют Participle II с помощью "-ed"? a) to do b) to work c) to be d) to see e) to study 4. Какие глаголы образуют Participle II по разному? a) to meet b) to ask c) to begin d) to know e) to translate 5. Present Perfect используется: a) когда есть результат законченного действия, но время действия не указано b) со словами "already, yet, just, ever, never" c) со словами "yesterday, last year, last month, last week, ... days (weeks, months, years) ago" d) со словами "today, this week, this month, this year" e) если мы спрашиваем, когда действие произошло 6. При образовании Perfect смысловой глагол должен быть в форме: a) Participle I (writing, opening) b) Infinitive with "to" (to write, to open) c) Participle II (written, opened) d) Infinitive without "to" (write, open) e) Past Indefinite (wrote, opened) 7. Вспомогательным глаголом для образования времен Perfect служит: a) to do b) to be c) to have d) to get d) to become 8. Найдите инфинитив в Perfect Active: a) to be elected b) to have elected c) to have been elected d) to have been electing e) to be being elected 9. Найдите глаголы в Present Perfect Active: a) is written b) has written c) have written d) has been written e) have been written 10. Найдитепредложенияв Present Perfect Active: a) I haven't heard the news yet. b) Pete has just bought a new dictionary. c) Ann bought a new dress yesterday. d) Who has taken my pen? e) Helen has been bought a new dress. 11. Какой вспомогательный глагол нужен для следующего предложения : "We ... never been to Moscow" a) shall b) were c) have d) has e) did 12. Найдите правильную форму глагола для следующего предложения: "He ... Ann this week" a) didn't meet b) haven't met c) hasn't met d) doesn't meet e) hasn't been met 13. Найдите правильный вопрос к подчеркнутому члену предложения: "He has bought a few English books this week" a) Who has bought a few English books? b) What books has he bought? c) When did he buy a few English books? d) How many English books has he bought? e) What has he bought this week? 14. Найдите правильную форму глагола для следующего предложения: "She ... to her native town since 1995" a) was not b) haven't been c) had not been d) hasn't been e) were not 15. Найдите правильный ответ к следующему вопросу: "Has your brother helped you?" a) Yes, he did. b) Yes, he is. c) Yes, he was. d) Yes, he does. e) Yes, he has |