Министерство Образования Оренбургской области
ГАПОУ СПО «Сельскохозяйственный техникум
г. Бугуруслана Оренбургской области
Рабочая тетрадь
по дисциплине ОГСЭ 03 «Иностранный язык (английский язык)»
для специальности 40.02.01 «Право и организация социального обеспечения»
Бугуруслан, 2019
Рабочая тетрадь представляет собой сборник текстов и комплекс упражнений по дисциплине «Английский язык» для студентов юридических специальностей, которые можно использовать как на занятиях, так и при самостоятельной работе. Пособие предназначено для студентов ГАПОУ СПО «Сельскохозяйственный техникум г. Бугуруслана Оренбургской области, изучающих английский язык.
СОДЕРЖАНИЕ
Text 1. American Constitution …………………………………………. Text 2. British Constitution …………………………………………….. Text 3. The Court system of the USA ………………………………..… Text 4. The main principles of the American systems of justice …….... Text 5. The British Government …………………………………….….. Text 6. Elections in Great Britain ……………………………………….Text 7. The Royal Family ………………………………………………. Text 8. Why do We Need Law? ………………………………………... Text 9. Legal Profession ………………………………………………... Text 10. Сivil law ………………………………………………………. Text 11. A business letter ……………………………………………… Text 12. Business correspondence ……………………………………... Text 13. Land Law in Britain …………………………………………... Text 14. Types of Punishment ……………………………………….… Text 15. Routine Police Work ………………………………………….. Text 16. British criminal law ………………………………………...…. Text 17. 10 strangest British laws ………………………………..… Text 18. Resume writing …………………………………………….…. Text 19.Constitutional law …………………………………………….. Text 20. Criminal law …………………………………………………... Text 21. Labour Law …………………………………………………... Text 22. Law of Contracts ………………………………………………Text 23. Understanding contracts ……………………………………….Text 24. How is a Contract Formed? ………………………………..…. |
4 5 6 7 8 9 10 12 15 18 20 22 24 25 27 30 33 36 43 45 48 51 53 55
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Text 1. American Constitution
VOCABULARY
the executive power — исполнительная власть
legislative power — законодательная власть
judiciary power — судебная власть
to abuse — злоупотреблять
amendment — поправка
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The American Constitution is based on the doctrine of the separation of powers between the executive, legislative, and judiciary. The respective government institutions — the Presidency, Congress, and the Courts — were given limited and specific powers; and a series of checks and balances, whereby each branch of government has certain authority over the others, were also included to make sure these powers were not abused. Government power was further limited by means |
of a dual system of government, in which the federal government was only given the powers and responsibilities to deal with problems facing the nation as a whole (foreign affairs, trade, control of the army and navy, etc). The remaining responsibilities and duties of government were reserved to the individual state governments.
Article V allowed for amendments to be made to the Constitution (once passed by a two-thirds majority in both houses of Congress and then ratified by the legislatures of three-fourths of the states). The Constitution finally ratified by all thirteen states in 1791 already contained ten amendments, collectively known as the Bill of Rights (the freedoms of religion, speech, and the press, etc), to protect the citizen against possible tyranny by the federal government. So far only twenty-six amendments have been made to the Constitution.
QUESTIONS
1. What is the American Constitution based on?
2. What powers were the Presidency, Congress, and the Courts
given?
3. How was Government power further limited?
4. Which article allowed for amendments to be made to the
Constitution?
5. When was the Constitution finally ratified?
6. How many amendments have been made to the Constitution so
far?
Text 2. British Constitution
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In England there is no one document or fundamental body of law that can be described as a "constitution". The absence of any such document or of any distinction between public and private law has led to the suggestion (perhaps first made by Alexis de Tocqueville) that there is no constitution in England. Certainly the English constitution has no existence apart from the ordinary law; it is indeed part of that very law. The Magna |
Carta, the Petition of Right, the Habeas Corpus Act, the Bill of Rights, and the Act of Settlement are the leading enactments; but they are in no sense a constitutional code; and, without a host of judicial decisions, other statutes of much less importance, and a mass of custom and convention, these statutes would be unworkable.
The sources of English constitutional law are statutes, judicial precedent, textbooks, law books, the writings of historians and political theorists, the biographies and autobiographies of statesmen, the columns of every serious newspaper, the minutiae of every type of government record and publication. This is what is meant by saying the English constitution is "unwritten": it is not formally enacted; its rules have to be sought out in a dozen fields, not in any one code.
Similarly, it is flexible, and here the contrast is with a rigid constitution. There are no special safeguards for constitutional rules; constitutional law can be changed, amended, or abolished just like any rule of private law; there is no field in which Parliament is forbidden to legislate; there are no fundamental or unalterable ideologies and no procedures to prescribe delay or extra processes for constitutional change.
Task 1. See if you know the answers to the following questions on the text. 1. What is the characteristic feature of the British constitution? 2. What documents are the leading enactments of the British constitution? 3. What are the sources of the constitutional law in Great Britain? |
4. What does the flexibility of the British constitution imply?
Task 2. Finish the sentences and translate:
1 The English constitution has no existence …. 2 The sources of English constitutional law are... 3 The English constitution is "unwritten": it is …. |
4 Constitutional law can be ….
Text 3. The Court system of the USA
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The American court system is complex. It functions as the part of the federal system of government. Each state runs its own court system, and two are identical. In addition, we have a system of courts for the national government. These federal courts coexist with state courts. |
Individuals fall under the jurisdiction of two different court systems, their state court and federal courts. They can sue or be sued either system, depending mostly on what there case is about. The vast majority of cases are resolved in the state courts.
The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the district courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court. To appeal means to take a case to a higher court. The court of appeal and the Supreme Court are appellate courts, with few exceptions; they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases; the judges in these courts are known as generalists.
There is a court system composed of a federal judiciary and 50 state judiciaries in the USA. The federal judiciary consists of the Supreme Court of the US and the System of federal courts. The Supreme Court is the highest court of the United States. A decision of the Supreme Court cannot be appealed to any other court. Congress has the power to fix the number of judges sitting on the Court and decide what kind of cases it may hear. The Supreme Court has original jurisdiction in only two kinds of cases: those involving foreign dignitaries and those in which a state is a party. All other cases reach the Court on appeal from lower courts. The courts of appeals review decisions of the district court (trial courts with federal jurisdiction) within their areas. They are also empowered to review orders of the independent regulatory agencies, such as the Federal Trade Commission, in cases where the internal review mechanisms of the agencies have been exhausted and there still exists substantial disagreement over legal points.
Below the courts of appeals are the district courts. The 50 states are divided into 89 districts so that litigants may have a trial within easy reach. From one to 27 judges sit in each of the district courts. In addition to the federal courts of general jurisdiction, it has been necessary from time to time to set up courts for special purposes. These are known as “legislative” courts because they were created by congressional action. Judges in these courts, like their peers in other federal courts, are appointed for life terms by the President, with Senate approval.
Task 1. Finish the sentences and translate:
1. The … are divided into … so that litigants may have a trial within easy reach.
2. Below the courts of appeals are …
3. The American court system is ….
4. At the top is the …..
5. These are known as …. courts because they were created by ….. action.
Text 4. The main principles of the American systems of justice
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A fundamental value in the American system of justice is that the stability of the society depends upon the ability of the people to readily obtain access to the courts, because the court system is the mechanism recognized and accepted by all to peacefully resolve disputes. |
Denying access to the courts forces dispute resolution into other arenas and results in vigilantism and violence.
Constitution and the constitutions of all 50 states contain specific articles on the judicial branch. The judicial systems of the United States are separate, coequal branches of government that maintain autonomy through their own structures, authorities, and rules. The principle of judicial independence, reflected in the federal and state constitutions and in American legal and political history, allows judges to make decisions based on the law and the facts of each case, rather than on popular opinion or political considerations.
Each state and territory has the authority to establish and operate its own court system. The structure of state court systems varies from state to state. Some states have "unified," or simplified, systems of only two or three levels, while others have multiple levels of court for different types of cases. Judges are selected by a variety of different methods in the states, including appointment by governors, popular election, and selection by the legislature. Terms of office for state judges range from four years to lifetime tenure.
An impartial, independent judiciary is the guardian of individual rights in a democratic society. In order for citizens to have faith in their court system, all people must have access to the courts when necessary.
Real and meaningful access to the courts is fundamental to the health and vitality of any democracy. It is the shield used by citizens to protect themselves against tyranny, abuses, and simple errors in judgment. Access to the courts is the lifeblood of the system because from it flow all other rights. It helps preserve order when conflict arises and keeps citizens actively participating in the proper use of their collective power.
Task 1. Finish the sentences and translate:
1. Constitution and the constitutions of all …. contain specific articles on the …
2. ….. has the authority to establish and operate its own court system.
3. Judges are selected by a variety of different methods in the states, including appointment by …..
4. Real and meaningful access to the courts is fundamental to …..
5. In order for citizens to have faith in their court system, all people must have …
Text 5. The British Government
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The legislative branch is in the hands of the Queen and the Parliament (which is the House of Lords and the House of Commons). The executive branch is represented by the Government — the Cabinet headed by the Prime Minister. Her Majesty’s Government governs in the name of the Queen. The legislative and the executive branches are combined by the Queen. In fact, the Parliament is controlled by the executive branch, as all the bills pass to the Parliament by the decision of the majority party. |
Judicial system is represented by courts. So there is practicallyno separation of powers. The majority party has the real power in the country. At the end of the election the Queen appoints the Prime Minister (PM). Normally the leader of the party who wins the election becomes the PM. The office of the Prime Minister was introduced in 1720’s. The first PM was Robert Walpole. The PM chooses about 20 Members of Parliament from his or her party to become the Cabinet of Ministers (or simply the Cabinet), they are called the Secretaries of State. The Ministers are almost always the members of the Commons, also a few are Lords. Cabinet meetings are held in private while the Parliament is sitting. The British Parliament is of great significance in the political life of the country. It consists of two Houses (or Chambers): the House of Lords and the House of Commons. |
Task 1: Match the sentences and translate them
1. The legislative branch is in 2. Judicial system is 3. The legislative and the executive branches are combined by the Queen. 4. Cabinet meetings are held in private while the Parliament is sitting. 5. The British Parliament is of |
C - the hands of the Queen and the Parliament A - represented by courts. B - The legislative and the executive branches are combined by the Queen. E - the Parliament is sitting. D - great significance in the political life of the country. |
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The maximum life of the House of Commons has been restricted to five years since the Parliament Act 1911. The franchise (right to vote) became universal for men in the nineteenth century. Women's suffrage came in two stages (1918 and 1928). |
For parliamentary elections the United Kingdom is divided into 650 constituencies of roughly equal population. The average constituency contains about 60,000 registered votes. Any British citizen from the age of 18 registered as an elector for the constituency elects a single member to the House of Commons.
Voting is on the same day (usually on Thursday) in all constituencies, and the voting stations are open from 7 in the morning till 9 at night. Each voter has only one vote, if he knows that he will be unable to vote, because he is ill or has moved away or must be away on business, he may apply in advance to be allowed to send his vote by post.
Voting is not compulsory. But in the autumn of each year every householder is obliged by law to enter on the register of electors the name of every resident who is entitled to vote. Much work is done to ensure that the register is complete and accurate. It's only possible to vote at the polling station appropriate to one's address.
As in Britain the political scene is dominated by the Conservatives and the Labour Party, in every constituency each of these parties has a local organization whose first task is to choose the candidate and which then helps him to conduct his local campaign. Any British subject can be nominated as a candidate, there is no need to live in the area, though peers, clergymen, lunatics and felons in prison are disqualified from sitting in the House of Commons.
There are usually more than two candidates for each seat. The candidate who wins the most votes is elected. This practice is known as the majority electoral system.
Read and answer the following questions:
1. How often are elections held in Great Britain?
2. How many constituencies are there in the United Kingdom?
3. Are electors allowed to vote by post?
4. Is voting compulsory?
5. Who can be nominated a candidate at the election?
6. What is the essence of the majority electoral system?
Vocabulary:
heir — наследник to make one's broadcast — выступать в радиопередаче to crown — короновать |
monarchy — монархия feature — важная примета widespread — распространенный the Royal Navy — Королевский флот |
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At present the British royal family is headed by Queen Elizabeth. When the Queen was born on the 21st of April 1926, her grandfather, King George V, was on the throne and her uncle was his heir. The death of her grandfather and the abdication of her uncle brought her father to the throne as King George VI. |
As a child she studied constitutional history and law as well as art and music. In addition she learned to ride and acquired her enthusiasm for horses. As she grew older she began to take part in public life, making her first broadcast at the age of 14.
The marriage of the young Princess Elizabeth to Philip, Duke of Edinburgh took place in November 1947. She came to the throne after her father's death in 1952 and was crowned in Westminster Abbey in June 1953.
Among Queen Elizabeth's many duties are the regular visits she makes to foreign countries, and especially those of the Commonwealth, whose interests and welfare are very important to her. The Queen has allowed the BBC to make a documentary film about the every day of the royal family. She also started the tradition of the "walkabout", an informal feature of an otherwise formal royal visit, when she walks among the public crowds and stops to talk to some people.
The annual Christmas broadcast made by the Queen on radio and television has become a traditional and popular feature of the season, and there were widespread celebrations and special programmes of events in 1977 to mark her Silver Jubilee.
The Queen's husband, Duke of Edinburgh, was born in 1926 and served in the Royal Navy. He takes a great deal of interest in industry, in the achievements of young people (he founded Duke of Edinburgh's Award Scheme in 1956) and in saving raise wild animals from extinction.
The Queen's heir is Charles, Prince of Wales, who was born in 1948, married Lady Diana Spencer and has two children, Prince William and Prince Harry. The Prince of Wales is well-known as a keen promoter of British interests.
In recent years he has become outspoken on such controversial topics as modern architecture, violence in films and on television, and the standard of English teaching in schools. His wife Diana, Princess of Wales (often called in mass media Princess Di), won the affection of many people by her modesty, shyness and beauty. Unfortunately, she died in a car accident in August, 1997.
The Queen's other children are Princess Anne (born in 1950), Prince Andrew (born in 1960) and Prince Edward (born in 1964). Anne, Princess Royal, has acquired a reputation for being arrogant, but in recent years has become quite popular with the general public.
The Queen is widely known for her interest in horses and horse-racing. She is now president of the Save the Children Fund, Chancellor of the University of London and carries out many public engagements.
Prince Andrew, Duke of York, served as a helicopter pilot in the Royal Navy. In 1986 he married Miss Sarah Ferguson (Fergie, for short) and has two daughters.
Prince Edward is keen on the theatre. This interest began while he was at university. He quit the Royal Marines, and is now pursuing a career with a theatrical company.
The Queen Mother, the widow of the late King George VI, celebrated her one hundred birthday in 2 000 and died in 2002. The Queen's only sister, Princess Margaret, Countess of Snowdon, is well-known for her charity work.
Questions:
1. By whom is the British royal family headed at present?
2. When was the Queen Elizabeth crowned?
3. What did the Queen Elizabeth study as a child?
4. What tradition did she start?
5. When was the Queen's husband born?
6. What does he take a great interest in?
7. Who did Prince Charles marry?
8. What are the names of the Queen's other children?
Text 8. Why do We Need Law?
Vocabulary
1. rules imposed by morality and custom – правила, предписанные моралью и обычаем
2. rules made by the state or the courts – нормы, создаваемые государством и судами
3. to control or alter our behaviour – управлять и вносить изменения в наше поведение
4. to safeguard our personal property and our lives – охранять нашу личную собственность и наши жизни
5. a well-ordered society – высокоорганизованное общество
6. to ensure a safe and peaceful society – обеспечивать безопасное и мирное существование
7. to punish people without trial –наказывать людей без суда и следствия
8. to respect individual rights – уважать права человека
9. to give effect to social policies – оказывать влияние на социальную политику
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Almost everything we do is governed by some set of rules. There are rules for games, for social clubs, for sports and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do. However, some rules – those made by the state or the courts – are called “laws”. |
Laws resemble morality because they are designed to control or alter our behaviour. But unlike rules of morality, laws are enforced by the courts; if you break a law – whether you like that law or not – you may be forced to pay a fine, pay damages, or go to prison.
Why are some rules so special that they are made into laws? Why do we need rules that everyone must obey? In short, what is the purpose of law?
If we did not live in a structured society with other people, laws would not be necessary. We would simply do as we please, with little regard for others. But ever since individuals began to associate with other people – to live in society – laws have been the glue that has kept society together. For example, the law in our country states that we must drive our cars on the right-hand side of a twoway street. If people were allowed to choose at random which side of the street to drive on, driving would be dangerous and chaotic. Laws regulating our business affairs help to ensure that people keep their promises. Laws against criminal conduct help to safeguard our personal property and our lives.
Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, we do not want the matter settled by a duel: we turn to the law and to institutions like the courts to decide who is the real owner and to make sure that the real owner's rights are respected.
We need law, then, to ensure a safe and peaceful society in which individuals’ rights are respected. But we expect even more from our law. Some totalitarian governments have cruel and arbitrary laws, enforced by police forces free to arrest and punish people without trial. Strong-arm tactics may provide a great deal of order, but we reject this form of control. The legal system should respect individual rights while, at the same time, ensuring that society operates in an orderly manner. And society should believe in the Rule of Law, which means that the law applies to every person, including members of the police and other public officials, who must carry out their public duties in accordance with the law.
In our society, laws are not only designed to govern our conduct: they are also intended to give effect to social policies. For example, some laws provide for benefits when workers are injured on the job, for health care, as well as for loans to students who otherwise might not be able to go to university.
Another goal of the law is fairness. This means that the law should recognize and protect certain basic individual rights and freedoms, such as liberty and equality. The law also serves to ensure that strong groups and individuals do not use their powerful positions in society to take unfair advantage of weaker individuals.
However, despite the best intentions, laws are sometimes created that people later recognize as being unjust or unfair. In a democratic society, laws are not carved in stone, but must reflect the changing needs of society. In a democracy, anyone who feels that a particular law is flawed has the right to speak out publicly and to seek to change the law by lawful means.
Закончите предложения в соответствии с текстом.
1. Almost everything we do is governed by …
a) rules imposed by morality.
b) the courts.
c) some set of rules.
2. If we didn’t live in a structured society with other people …
a) we would simply do as we please.
b) we would simply do with little regard for others.
c) laws would not be necessary.
3. Laws against criminal conduct help …
a) to protect our property.
b) to take advantage of other individuals.
c) to safeguard our personal property and our lives.
4. We turn to the law …
a) to resolve disputes peacefully.
b) to decide who is the real owner.
c) to force people to keep their promises.
5. Another goal of the law is …
a) to protect certain basic individual rights and freedoms.
b) fairness.
c) to provide for benefits.
Выразите согласие/несогласие со следующими утверждениями
Model: a) I fully agree with the
statement.
b) I am afraid, I can’t agree with it.
1. Not everything we do is governed by some set of rules.
2. We need rules that everyone must obey.
3. Laws against criminal conduct don’t help to safeguard our personal property and our lives.
4. In a well-ordered society conflicts never arise.
5. It is impossible to resolve disputes peacefully.
6. If individual’s rights are respected it means that we live in a safe and peaceful society.
7. Totalitarian governments have cruel and arbitrary laws.
8. Strong-arm tactics may provide a great deal of order ensuring the society operates in an orderly manner.
9. Laws should be applied to every person in the society.
10. The only goal of the law is fairness.
Text 9. Legal Profession
Vocabulary
1. a person learned in law – специалист в области права
2. an individual licensed by the state to engage in the practice of law – человек, получивший государственную лицензию на ведение юридической практики
3. to do all the legal work – заниматься всеми видами юридической работы
4. solicitors and barristers – солиситоры и барристеры
5. preparing cases to be tried in the civil or criminal courts – подготовка дел, которые должны слушаться в судах гражданской и уголовной юрисдикции
6. to have rights of audience – иметь право выступать в суде
7. to pursue a Bachelor (LLB) or a Master (LLM) of Laws degree – добиваться получения степени бакалавра или магистра права
8. a series of advanced examinations – ряд экзаменов повышенной сложности
9. to require extensive clinical training in a form of apprenticeships - требуют прохождение юридической практики широкого профиля в форме ученичества
10. legal education around their chosen specialty – юридическое образование смежное с выбранным направлением
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A lawyer is a person learned in law. A lawyer, also known as an attorney, a counselor, a solicitor, a barrister or an advocate, is an individual licensed by the state to engage in the practice of law and advise clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients. The role of the lawyer varies significantly |
across legal jurisdictions, and therefore can be treated in only the most general terms. Lawyers’ roles vary greatly, depending upon their practice environment and field of specialization.
In most countries there is only one legal profession. This means that all the lawyers have roughly the same professional education leading to the same legal qualifications, and they are permitted to do all the legal work.
In England the system is different. Here the profession is divided into two types of lawyers, called solicitors and barristers. Solicitors and barristers are both qualified lawyers, but they have different legal training; they take different examinations to qualify; and once they have qualified, they usually do different types of legal work.
Many solicitors deal with a range of legal work: preparing cases to be tried in the civil or criminal courts; giving legal advice in the field of business and drawing up contracts; making all the legal arrangements for the buying and selling of land or houses; assisting employees and employers; making wills.
Barristers are mainly “courtroom lawyers” who actually conduct cases in court. Unlike solicitors, they have rights of audience (rights to appear) in any court of the land, and so barristers are those lawyers who appear in the more difficult cases in the higher courts.
The educational requirements to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college. Law students in those countries pursue a Bachelor (LLB) or a Master (LLM) of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Besides it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes. In other countries, particularly the United States, law is primarily taught at law schools. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and some in Canada and elsewhere) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) as the practitioner's law degree (a professional degree). However, like other professional doctorates, the J.D. is not the exact equivalent of the Doctor of Philosophy (Ph.D.), a university degree of the highest level, since it does not require the submission of a full dissertation based on original research.
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. Many others have only lectures on highly abstract legal doctrines, which force young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job).
In most common law countries lawyers have many options over the course of their careers. Besides private practice, they can always aspire to becoming a prosecutor, government counsel, corporate in-house counsel, judge, arbitrator, law professor, or politician.
In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained.
1 Найдите в тексте английские эквиваленты, соответствующие следующим словосочетаниям.
1) консультировать клиентов по вопросам права
2) выполнять все виды юридической работы
3) солиситоры и барристеры
4) сдавать квалификационные экзамены
5) право преподается на юридическом факультете
6) университетский колледж, готовящий бакалавров
7) степень магистра
8) добиваться получения степени бакалавра
9) присвоить ученую степень доктора юриспруденции (США)
10) защита диссертации
11) научно- исследовательская работа
12) учебная практика
13) ученичество, место начального практического обучения
14) штатный юрисконсульт компании
2 Соотнесите слова из двух колонок так, чтобы получились словосочетания из текста, переведите их на русский язык и составьте с ними свои предложения.
1) to take 2) to deal with 3) to draw up 4) to make 5) to have 6) to go to 7) to engage in 8) to advise on 9) to depend on 10) on behalf of |
a) the clients b) the practice of law c) the right of audience d) court e) the practice environment f) legal matters g) legal arrangements h) contracts i) legal advice j) a range of legal work |
3 Прочитайте определения и соотнесите их со словами из рамки.
1. BACHELOR'S DEGREE (LLB) 2. MASTER’S DEGREE (LLM) 3. JURIS DOCTOR DEGREE (JD) 4. DOCTOR OF PHILOSOPHY (PH.D) 5. SOLICITOR 6. BARRISTER 7. COMMON LAW 8. CIVIL LAW |
1. Law developed by judges through decisions of courts. ______________
2. The degree awarded to an individual upon the successful completion of a law school. ____________
3. An academic degree awarded for an undergraduate course or major that generally lasts for three or four years. _____________
4. Lawyers who traditionally deal with any legal matter including conducting proceedings in courts._____________
5. An academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice. ______________
6. A
legal system inspired by Roman law. _______________
7. A postgraduate academic degree awarded by universities.
______________
8. A member of one of the two classes of lawyers found in many common law jurisdictions with split legal profession specializing in courtroom advocacy, drafting legal pleadings and giving expert legal opinions. ________________
Text 10. Сivil law
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1. One important distinction made in English – speaking countries is between private, or civil, law and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another. The main categories of English civil law are: |
Contracts: binding agreements between people (or companies);
Torts: committed by one individual against another individual’s person, property or reputation;
Trusts: whereby a person administers property for another person’s benefit rather than his own Land Law;
Probate: for dealing with property after the owner’s death;
Family Law.
2. Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.
3. The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal «beyond reasonable doubt»; but the plaintiff in a civil action is required to prove his case «on the balance of probabilities». Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.
4. Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
5. In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as «The People vs. (= versus, or against) Sanchez» in the United States and «R. (Regina, that is, the Queen) vs. Sanchez» in England. But a civil action between Ms. Sanchez and a Mr. Smith would be «Sanchez vs. Smith» if it was started by Sanchez, and «Smith vs. Sanchez» if it was started by Mr. Smith.
6. Evidence from a criminal trial is not necessarily admissable as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.
7. Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.
8. Nevertheless there are many points of contact between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him – for example, to pay money to the winner of the action – the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.
9. Although the guilty defendant in a criminal case will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil cases is lower than it was in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.
10. It is also possible in English law to bring a civil action against the police. Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.
1 Выпишите из текста английские эквиваленты следующих слов и выражений: обязательное соглашение; норма доказательств; правонарушение; гражданское правонарушение; начать судебное расследование; обвинение (сторона судебного процесса); подлежать преследованию; истец; ответчик; доказать виновность; признать виновным; подчиняться предписанию; возмещение убытков; уголовно наказуемое поведение.
2 Переведите письменно абзацы 1, 2.
Text 11. A business letter
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suitable - подходящий, удобный accommodation - азмещение устройство Delaware - Делавер, штат на Атлантическом побережье США, столица штата Довер NJ=New Jersey – Нью-Джерси – штат на Атлантическом побережье США, соседствующий со штатом Нью-Йорк, столица штата Трентон |
New York City - Нью-Йорк, столица штата Нью-Йорк truck - грузовик major – главный, основной, крупнейший total – общий, суммарный, крупнейший extensive – обширный, пространный Eastern Hemisphere – Восточное полушарие although, though - хотя competition – конкуренция, соревнование fierce – острый, сильный enormous - огромный available – доступный, имеющийся в наличии to set up = to found = to establish – основать, организовать, учреждать to train – подготавливать, обучать staff – персонал, штат to await = to wait - ожидать true – правдивый, искренний |
Gentlemen:
I am pleased to report that we have found suitable buildings for low cost industrial and office accommodation. The site is Delaware Corporate Park in Trenton NJ.
Trenton is the State Capital of New Jersey, with a population of 110,000. It is mid-way between Philadelphia and New York City on the banks of the Delaware River and also well-sited for communications by truck or automobile with major markets in the USA and Canada.
Over 50% of the total population of both the USA and Canada are within 750 miles (over 130 million people) – the most extensive consumer market in the Western Hemisphere. Although the competition here is very fierce, the potential is enormous! Besides the state of New Jersey offers some tax advantages. And grants are available for setting up a new plant and training staff.
Awaiting your further instructions.
Truly yours, ….
1 Answer there questions:
1) Who do you think wrote this letter?
2) What assignment had he been given?
3) What place did he recommend?
4) What advantages of the place did he describe?
2 Complete the sentences by using the words from the text:
1) He found suitable buildings for low cost industrial and office _____.
2) The site was Delaware Corporation Park in ______.
3) Trenton is the State Capital of New Jersey, with ______.
4) It is mid-way between _____ and well-sited for _____.
5) It is the most extensive consumer market _____.
6) Although the competition here is very ___, the potential ______.
7) Besides the state of NJ offered some ______.
8) And grants are available for_____.
Text 12. Business correspondence
Vocabulary
essential |
существенный, неотъемлемый |
e-mail (email) = electronic mail |
электронная почта, адрес электронной почты |
to confirm |
подтвердить |
in writing |
в письменном виде |
to the point |
по существу |
occasions |
случай, повод |
on various occasions |
по различным поводам |
to be connected with smth |
быть связанным с чем-либо |
to establish |
установить |
to establish business relations |
установить деловые отношения |
miscellaneous |
разный |
miscellany |
смесь, сборник |
chairman |
председатель |
hospitality |
гостеприимство |
to extend hospitality to smb |
проявить гостеприимство к кому-либо |
to look forward to smth |
с нетерпением ожидать чего-либо |
to appreciate |
оценивать |
to show smp round a building (pavilion, shop, plant) |
показывать кому-либо здание (павильон, цех, завод) |
faithfully |
верно, добросовестно |
yours faithfully |
с совершенным почтением |
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Correspondence is an essential part of business. In spite of telephone, telex, telegraphic, faximile and e-mail communication, the writing of letters continues; in fact most telephoned and telegraphed communications have to be confirmed in writing. Every letter, no matter what kind it is, should be |
laconic, precise, to the point and positive.
Letters are written on various occasions and on various subject matters. Many business letters are connected with establishing business relations, doing business and various mis-cellaneous questions.
Here is one of many business letters:
24 October 2014 Mr Walter Drake Chairman The Drake and Sons Engineering Co.Ltd., Bristol, 5, England
Dear Sir, I wish to thank you most warmly for your excellent hospitality extended to me during my visit to your company. The opportunity to meet you and your directors was something I had long looked forward to. I can only hope now that one day I may be able to receive a visit here from you. I very much appreciated your kindness and that of Mr James Frobisher in showing me round the new plant. I thank you once again.
Yours faithfully, John Gibbs President Metal Equipment Inc. |
Answer the following questions:
1) What kinds of communication does the text mention?
2) Is letter writing rather popular?
3) Do you like writing letters?
4) What rules should be observed when writing a letter?
5) It what cases are business letters written?
6) Who is John Gibbs?
7) To whom did he write the letter?
Text 13. Land Law in Britain.
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Land law is a fascinating and challenging subject for land is vital for human life. In any society the use of land is of the utmost importance. Land law is about how people share land and it is made up of rules in statutes and cases; case law rules are divided into legal and equitable rules. Most land law statutes in Britain are dated 1925. |
The aim of the 1925 legislation was to make buying and selling land simpler to revive the depressed market in land. "Land” means the physical land and fixtures and includes any interest in land. It can be used by a number of people in different ways: one can invest money in a plot, while two or more live there.
Land can be shared consecutively people can enjoy the land one after another. Each society develops its own attitude to land. These attitudes are coloured by the kind of land (for example, desert or jungle) because this determines the uses of it. In early English land law, the fundamental concept was “seisin”. Then the concepts of ownership and possession took over. British land law has been developing alongside the growth of capitalism and city-living. More recently there has been an enormous increase in the ownership of land by ordinary people. In the 1960s and 70s there were booming prices in most areas of the country and a greater interest in the security of “non-owners’". The falling market of the early 1990s produced the situation favorable for the building societies and banks.
Задания к тексту:
1 Найдите в тексте и напишите английские эквиваленты данных
словосочетаний.
1. Правовые нормы
2. Прецедентное право
3. Право в недвижимости
4. Принцип права неограниченного обладания землей
5. Законодательство
2 Ответьте письменно на вопросы.
1. What
are the rules Land law is made of?
2. What is the aim of the 1925 legislation?
Text 14. Types of Punishment
1. to refrain from – воздерживаться от чего-либо, удерживаться от чего-либо
2. to submit t to – подчиняться
3. to take into account – принять во внимание
4. the prior criminal record – предыдущая судимость
5. deliberate infliction of pain – умышленное причинение боли
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There are several kinds of punishment available to the courts. Crimes are punished according to their seriousness. More serious crimes are given harsher penalties. In declaring a sentence a judge may take into account the following: prior criminal record, the age of the offender and other circumstances surrounding the crime, including cooperation with law |
enforcement officers, the amount of loss to victims, whether a weapon was used in the crime, the age or helplessness of the victims.
Punishment may include:
–a fine
–term of imprisonment (time in jail or prison)
–probation or parole
–community service
For criminal offences FINES are often used when the offence is not a very serious one and when the offender has not been in trouble before.
For more serious crimes the usual punishment is IMPRISONMENT. The length of sentences varies from a few days to a lifetime. However, a life sentence may allow the prisoner to be released after a suitably long period.
PROBATION is the suspension of jail time. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. Offenders are ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, live at a directed place, obey the orders of the probation officer. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their whereabouts to officials.
PAROLE is the supervised release of prisoners before the completion of their sentence in prison. They may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, avoiding contact with the parolee’s victims, obtaining employment, and maintaining required contacts with a parole officer.
CORPORAL PUNISHMENT is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer. This kind of punishment is still employed in Malaysia, Singapore, Pakistan, Zambia and Zimbabwe. Courts may sentence offenders to be caned or whipped. As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation.( Телесные наказания-это форма физического наказания, которая включает умышленное причинение боли в качестве возмездия за правонарушение или с целью наказания или исправления правонарушителя. Этот вид наказания по-прежнему применяется в Замбии, Зимбабве, Малайзии, Сингапуре и Пакистане. Суды могут приговаривать правонарушителей к избиению палками или плетью. Наряду с телесными наказаниями некоторые исламские страны, такие, как Саудовская Аравия и Иран, применяют и другие виды физических наказаний, такие, как ампутация конечностей или нанесение увечий).
COMMUNITY SERVICE requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital.
RESTRICTING FREEDOM in the form of house arrest as a new alternative type of punishment in the Russian Federation has now been adopted in connection with coming into force of new provisions in the Criminal and Criminal Correctional Codes.
Answer the following questions:
1. What does punishment for a crime depend on?
2.
What kinds of punishment do you know?
3. What does a judge take into account in declaring a sentence?
4. In what cases are fines used for criminal offences?
5. How does the length of sentences vary?
6. What is the main idea of probation?
7. What is a parole?
8. What does community service require?
Text 15. Routine Police Work
routine – обычный, текущий; распорядок службы available – доступный, имеющийся в распоряжении estimate – оценка, смета peace-keeping activity – деятельность по охране спокойствия (порядка) to respond – отвечать, реагировать to implicate - вовлекать to mediate - посредничать missing person – пропавший без вести to scoop up – поднимать, убирать manpower – рабочая сила, личный состав call - вызов to quiet - успокаивать to evict – выселять, изгонять to warn – предупреждать, предостерегать |
law-breaker - правонарушитель to contribute – содействовать, способствовать maintenance – поддержание, сохранение precinct – полицейский участок squad car – оперативная машина roll call – перекличка, оперативное совещание, планерка, развод shift - смена wanted - разыскиваемый injury – вред, повреждение, рана, ушиб damage – вред, повреждение, ущерб hit-and-run – преступление, в результате которого водитель, сбивший человека, скрылся, не оказав помощи to run over – переехать, задавить disdain – презирать |
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As you know criminal investigation is the keystone of American police service, its law enforcement. But according to available estimates for some past period of time only one-third of police manpower resources dealt with crime and criminals, the other two-thirds of them – with non-law enforcement or so called «peace-keeping» activities. |
The data collected show that the great majority of incidents the police handled, arose when the police responded to citizens’ calls for service. The police officer became implicated in a wide range of human troubles many of which had little or nothing to do with criminal law enforcement. He transported people to the hospital, wrote reports of auto accidents, and arbitrated and mediated between disputants – neighbours, husbands and wives, landlords and tenants, and businessmen and customers. He took missing person reports, directed traffic, controlled crowds at fires, wrote dogbite reports, and identified abandoned autos. He removed safety hazards from the streets, quieted noisy parties, radios and television, evicted a drunken person from a bar and occasionally scooped up a dead animal. Policemen also spent much of their time with «juvenile troubles». So in the line of his everyday duties a policeman directed, aided, informed, pacified, warned, disciplined, etc. – in short, contributed to the maintenance of the peace and order.
The officers usually began their shift after roll call. The officers took their instructions from a radio dispatcher from time to time.
Both the dispatchers in their radio calls and the police officers in their records preferred to give the tersest description of the incidents. They used such abbreviations as «B» and «E» (breaking or/and entering), «family trouble» or «domestic», «silent alarm», «somebody screaming», «a theft report», «a man down» (person lying in a public place, cause unknown), «outside ringer» (burglar-alarm ringing), «the boys» (trouble with juveniles) or «kids disturbing», P.I. (personal-injury automobile accident), DK (drunk), PD (property damage automobile accident), H-and-R (Hit-and-Run) and suchlike. We see they used some kind of police slang.
That is a very incomplete list of routine police work that the officer performed over the period covered.
1 Translate the following word-combinations:
- To deal with crime and criminals
- To read about routine police work
- To estimate the operational situation
- Peace-keeping activities
- The great majority of incidents
- A wide range of human troubles
- To write dogbite reports
- Juvenile troubles
- To cruise in a squad car
- To direct traffic
- Contemporary precincts
- Roll call
2 Find the Russian equivalents given in column B:
A 1. roll call 2. stolen cars 3. dogbite reports 4. radio-equipped patrol car 5. criminal investigation 6. missing person reports 7. traffic violations 8. hit-and-run |
B 1. радио-оборудованная патрульная машина 2. расследование уголовных преступлений 3. автодорожные правонарушения 4. угнанные машины 5. рапорта об укусах собак 6.развод (планерка) 7. рапорта о пропавших без вести 8. преступление, в результате которого, водитель, сбивший человека, скрылся, не оказав помощи |
3 Find the sentences corresponding to these:
1 Он принимал рапорта о пропавших без вести, руководил дорожным движением, контролировал толпы на пожарах, писал рапорта об укусах собак, и проводил опознание оставленных без присмотра машин.
2 И диспетчеры в своих радио вызовах, и офицеры полиции в своих рапортах, предпочитали сжатое описание происшествий.
3 Обычно полицейские начинают свою смену с развода.
4 Explain the following abbreviations:
«B» and «E»; «family trouble», «silent alarm», «a man down», DK, PD, P.I., H-and-R.
5 Put the following sentences in accordance with the logic of the text:
1 He took missing person reports, directed traffic, controlled crowds at fires, wrote dogbite reports, and identified abandoned autos.
2 The officer usually began their shift after roll call.
3 As you know criminal investigation is the keystone of American police service, its law enforcement.
4 We see they used some kind of police slang.
6 Answer the questions:
1 What percentage of police manpower resources dealt with non-law enforcement activities according to available estimates?
2 And what percentage dealt with law enforcement activities?
3 Did you read much about police peace-keeping activities as their everyday mundane duties, i.e. about routine police work?
4 When did the majority of incidents the police handled arise?
5 Did the police officer become implicated in a wide range of human troubles?
6 What did the police officer have to do?
7 When did the officers usually begin their shift?
8 What did the officers do during motorpatrolling?
9 What room became the centre of the contemporary police precinct?
10 What language did the police officers prefer to use in their operational work?
Text 16. British criminal law
Harm - вред, ущерб; зло, обида Conduct - поведение to injure - повредить, оскорбить to identify - устанавливать тождество, опознавать, устанавливать личность theft - воровство, кража assault - нападение to punish - наказывать |
penalty - наказание, штраф convict - осужденный sentence - приговор to impose sentence - выносить приговор felony - уголовное преступление, фелония misdemeanor - проступок, преступление prison - тюрьма to imprison - заключать в тюрьму |
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Criminal law is the part of the law which is concerned with crimes. Criminal law may be defined by three basic elements. First, it prevents harm to society and its members. Second, it specifies what conduct is considered criminal. Third, it identifies prescribed sanctions for criminal conduct. |
The first element, preventing harm, implies that a central purpose of criminal law is to protect society from various activities that might injure its members or social institutions. Vandalism, murder, assault, robbery, theft of personal property are examples of harms typically associated with violations of criminal law. Criminal law provides social control for society.
The second element, specification of what conduct, is criminal, refers to the particular act or acts defined as illegal. Criminal law provides that every outlawed act is separately detailed and described.
The third aspect of the definition of criminal law involves prescriptions for punishment. Criminal law presumes that one cannot be punished for committing a crime unless one has been convicted of violating a law.
Crime is conduct that society classifies as illegal, it is a violation of criminal law. To qualify as crime, behavior must be specifically defined in the law, be enforced by some political body and associated with prescribed penalties.
Usually, crimes are classified as either felonies or misdemeanors. Often, the distinctions between them are made on the basis of the length of sentence imposed for the crime. Felonies are most serious crimes and carry lengthier sentences than misdemeanors, such as imprisonment in a state prison for several years. Misdemeanors are less serious crimes for which fines and shorter jail time may be imposed.
1 Add the necessary words into the sentences.
1 Criminal law is …
2 The central purpose of criminal law is …
3 Crime is …
4 Crimes are classified as …
5 Felonies are those crimes for which … may be imposed and for misdemeanours may be imposed …
2 Read these sentences and find wrong statements.
1 Criminal law provides social control for society.
2 Crime is a legal conduct.
3 Felonies are less serious crimes than misdemeanours.
4 Theft of personal property is a violation of criminal law.
5 There are no distinctions between felonies and misdemeanours.
6 Death sentence may be imposed for felonies.
7 Criminal law does not provide punishment for outlawed act.
8 The central purpose of criminal law is to protect society and its members.
3. Give the Russian equivalents for the following words and word-combinations.
1 Robber – a person who steals some things from a person or place.
2 Thief – a person who steals some things from a person or place secretly without any kind of violence.
3 Shop-lifter – a person who steals food or clothes from the shops.
4 Pick-pocket – a person who steals money or purses out of people’s pockets in all kinds of vehicles or in a crowded streets.
5 Kidnapper – a person who takes away children by violence to demand money for them.
6 Murderer – a person who kills somebody.
7 Drug dealer – a person who buys and sells drugs to other people illegally.
4. Put the words given in Ex. 6. into the sentences.
1 A lot of money was stolen from the central bank by…
2 Last week the famous … took a box of precious things from the jeweller’s shop.
3 … has broken the window of the expensive car and stolen the tape-recorder.
4 Police arrested … selling drugs in a disco-club.
5 The rich man’s child was taken away by…
6 Police found … , who had killed three persons.
7 … stole all money and credit cards from my friend’s pocket in the crowded bus.
1 Criminal law as well as other laws provides social control for society.
2 Both the policeman and the criminal were armed well.
3 The Queen does not take part in politics, but the country is governed in her name.
4 We could find him neither at the institute nor at home.
5 We will either be going to the theatre or the cinema.
6 Because of the Bill of Rights, police can not stop and search or arrest a person without good reason, nor can they search anyone’s home without clear cause and the permission of a court.
7 Trial courts listen to testimony, consider evidence and decide the facts in disputed situations.
8 You must hurry or you will be late.
6 Answer the following questions.
1 What is criminal law concerned with?
2 What are the basic elements of criminal law?
3 What is the main purpose of criminal law?
4 What does criminal law provide?
5 What is crime?
6 What does criminal law presume?
7 How are crimes classified by the justice systems?
8 What is felony?
9 What is misdemeanour?
Text 17. 10 strangest British laws
The great and the good have been making laws in Britain for hundreds of years.
They’re pretty good about creating new ones, but no so efficient at getting rid of the old ones we no longer need.
Which is why it is still against the law to beat your doormat after 8am or to go to a fancy party dressed as a soldier.
It is a crime to walk home from B&Q if you’ve just bought a ladder or a plank of wood.
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Section 54 of the Metropolitan Police Act 1839 makes it an offence to “roll or carry any cask, tub, hoop, or wheel, or any ladder, plank, pole, showboard, or placard, upon any footway, except for the purpose of loading or unloading any cart or carriage, or of crossing the footway”. The law only applies in London. But be reassured that it’s OK to carry your shopping along the pavement – as long as you’re heading towards your car. Maximum fine? £500 |
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Flying a kiteIt is that same Metropolitan Police Act 1839. It threatens a £500 fine for any person “who shall fly any kite or play at any game to the annoyance of the inhabitants or passengers, or who shall make or use any slide upon ice or snow in any street or other thoroughfare, to the common danger of the passengers”. Which makes flying a kite on a snowy day twice as dodgy, of course. |
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Wearing fancy dressBeen invited to a fancy-dress party? Make sure you don’t go as a sailor or a soldier. The Seamen’s and Soldiers’ False Characters Act 1906 prevents you from passing yourself off as a member of the armed forces. |
The law states that a person is committing an offence if he or she “personates the holder of a certificate of service or discharge”. You could theoretically end up with a one-month prison sentence. This law is still being enforced: in 2009, one poor man was arrested in London for dressing in a bearskin hat and a bright red tunic. |
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Getting drunk in a pubEveryone knows it’s against the law to be “drunk and disorderly”. You may also know that it’s illegal for a publican to serve you if you’re drunk. But did you know that being drunk is illegal in itself? Even inside a pub? |
Section 12 of the Licensing Act 1872 outlaws “every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises”. So, leave the house and drink more than three or four beers and you could be facing a £200 fine. |
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Playing knock-down gingerDo kids still play this game? If they don’t, that’s wise. Because ringing on someone’s doorbell and then running away also contravenes the Metropolitan Police Act 1854. It’s a crime to “wilfully and wantonly disturb any inhabitant by pulling or ringing any door-bell or knocking at any door without lawful excuse”. Maximum penalty: a £500 fine. |
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Keeping pigs outside your houseIf you're in the city, you need to watch where you keep your porky pals. Under the Town Police Clauses Act 1847, anyone “who keeps any pigstye [sic] to the front of any street, not being shut out from such street by a sufficient wall or fence, or who keeps any swine in or near any street, so as to be a common nuisance” faces a fine of up to £1,000. |
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Cleaning your doormat after 8amIt’s our old friend the Metropolitan Police Act 1854 again. Section 60, subsection 3 makes it an offence to beat your carpet in the street. There is a partial dispensation for doormats, which may be beaten before 8am – though not after that time. It is also an offence to “lay any fish, offal, or rubbish... into any well, stream, or watercourse, pond, or reservoir for water” – which presumably forbids anglers from tossing back into the water anything that they have caught. Punishment? A fine of up to £500. |
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Asking a stranger for parking moneyYou’ve parked the car and you don’t have any change for the ticket machine. Don’t dare ask anybody for a pound coin. |
It may only be a quid. You may never have asked a stranger for money before - but it’s still begging under the Vagrancy Act 1824. “Every person placing himself or herself in any public place, street, highway, court, or passage, to beg or gather alms… shall be deemed an idle and disorderly person within the true intent and meaning of this Act.” The punishment? Being sent to “the house of correction” for a month or less. |
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Hailing a moving taxiThe London Hackney Carriages Act 1843 states even if a licensed taxi has its “for hire” light on, the driver is only allowed to seek trade when at a standstill. |
According to section 33 of the Act: “Every driver of a hackney carriage who shall ply for hire elsewhere than at some standing or place appointed for that purpose” shall be committing an offence, for which the current maximum fine is £200. So why are taxi drivers not being prosecuted every day of the year? And why, indeed, do they have that orange light? Because the police have come to an understanding that a moving taxi with its “for hire” light shining brightly is not officially “plying for hire”. It is only when the taxi driver pulls over to the kerb and stops that he is deemed to be announcing that he is available. Hey presto! |
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Handling salmon in suspicious circumstancesNo, we don’t know what it means either. But section 32 of the Salmon Act 1986, specifically outlaws “handling salmon in suspicious circumstances”. So please stop doing it.
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Text 18. Resume writing
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Task 1. Make a resume using this material
TOП-10 вoпpocoв для coбeceдoвaния нa aнглийckom языke и пpиmepы oтвeтoв нa них 1 Tell me about yourself — Pacckaжитe o ceбe В этoй чacти нyжнo kopoтko пpeдcтaвить инфopmaцию co cвoeгo peзюme, вниmaниe akцeнтиpoвaть нa oбpaзoвaнии, личных kaчecтвaх, koтopыe пoнaдoбятcя в нoвoй paбoтe. Moжнo ckaзaть нeckoльko cлoв o cвoem хoбби, koтopoe нe иmeeт oтнoшeния k paбoтe. Пpилaгaтeльныe, koтopыe пpeдлaгaeт aнглийckий для oпиcaния личнocти в этoй чacти coбeceдoвaния:
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hard-working paбoтящий, гoтoв k бoльшиm нaгpyзkam gregarious oбщитeльный, kommyниkaбeльный goal-oriented opиeнтиpoвaнный нa peзyльтaт good listener ymeeт cлyшaть, хopoший cлyшaтeль good speaker хopoший opaтop flexible гибkий |
organized opгaнизoвaнный honest чecтный ambitious amбициoзный a team-player ymeeт лaдить в komaндe a seasoned specialist oпытный cпeциaлиcт responsible oтвeтcтвeнный dependable нaдeжный, чeлoвek, нa koтopoгo moжнo пoлoжитьcя |
Kak иcпoльзoвaть aнглийckий в camoпpeзeнтaции oб oпытe и oбpaзoвaнии:
I graduated in… Я выпycтилcя…
I hold a master’s degree / bachelor’s degree in…. from… Я пoлyчил cтeпeнь maгиcтpa, бakaлaвpa…
I took a course from… Я бpaл (бpaлa) kypc c….
I took a training program at… Я бpaлa тpeнингoвyю пpoгpammy c…
Пpиmep oтвeтa нa вoпpoc:
I can describe myself as a responsible and hard-working person. I have strong principles and try to follow them. I am a good listener and speaker. I hold a master’s degree two years ago from psychology. After working a few years with children I realized that I am a real team player and I have some organizational skills, which can help me in this position. In my free time I enjoy singing and drawing, I am a little bit artistic person. Я moгy oпиcaть ceбя kak oтвeтcтвeннyю и paбoтящyю личнocть. |
У meня ecть чeтkиe пpинципы, koтopыm я вceгдa cтapaюcь cлeдoвaть. Я ymeю cлyшaть и гoвopить нa ayдитopию. Двa гoдa нaзaд я пoлyчил (пoлyчилa) cтeпeнь maгиcтpa пcихoлoгии. Пocлe нeckoльkих лeт paбoты c дeтьmи я oтkpыл (a) в ceбe opгaнизaциoнныe cпocoбнocти, koтopыe moгyт пomoчь mнe в этoй paбoтe. В cвoбoднoe вpemя я зaниmaюcь пeниem и pиcoвaниem: я нemнoгo твopчeckий чeлoвek. |
2 What are your strengths? — Kakoвы Вaши cильныe cтopoны/дocтoинcтвa?
Диaлoг o cильных cтopoнaх вo вpemя coбeceдoвaния mнoгих ввoдит в нeдoymeниe – людяm тяжeлo ceбя хвaлить и пpeпoднocить в лyчшem cвeтe, иcпoльзyя aнглийckий языk. Нo нe cтoит бoятьcя этoгo вoпpoca: нyжнo pacckaзaть o тeх cвoих чepтaх, koтopыe пoзвoляют дeлaть paбoтy kaчecтвeннo.
Cлoвa, koтopыe пpeдлaгaeт aнглийckий языk для иcпoльзoвaния:
to be broad-minded иmeть шиpokий kpyгoзop concsientious дoбpocoвecтнocть creative твopчeckий enthusiastic энтyзиacт |
innovative иннoвaтивный, быть нoвaтopom personable пpeдcтaвитeльный focused on фokycиpoвaтьcя нa problem-solver лeгko peшaть paзныe пpoблemы |
K этomy вoпpocy нyжнo пoдгoтoвитьcя зapaнee: нaпиcaть cпиcok из 5 лyчших kaчecтв, нaпpoтив kaждoгo cдeлaть oтmeтky o тom, kak этo пomoгaeт paбoтe. Пepeд coбeceдoвaниem нyжнo вниmaтeльнo изyчить aнkeтy и пocтapaтьcя пoнять, kakиe иmeннo kaчecтвa нyжны для этoй пpoфeccии. Cлeдyeт тpeниpoвaтьcя, иcпoльзyя aнглийckий языk, pacckaзывaть o kaждoй хapakтepиcтиke.
3 What are your weaknesses? — Kakoвы Вaши cлaбыe cтopoны/нeдocтaтkи?
Цeль этoгo вoпpoca нa coбeceдoвaнии – пpoвepить, kak вeдeт ceбя kaндидaт в нecтaндapтных cитyaциях, kak oцeнивaeт ceбя, нackoльko aдekвaтнo aнaлизиpyeт cвoe пoвeдeниe и kak yвepeннo иcпoльзyeт aнглийckий. Нyжнo нaзвaть 2-4 чepты хapakтepa или пpивычkи, koтopыe kaндидaт cчитaeт cвoиmи cлaбыmи cтopoнamи.
Вapиaнты cлoвa для oтвeтa нa вoпpoc:
scrupulous ckpyпyлeзный pedantic пeдaнтичный sure yвepeнный |
self-centered эгoцeнтpичный bad speaker плoхoй opaтop
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Pacckaзывaя o нeдocтaтkaх в пpoцecce coбeceдoвaния, нyжнo пpeдcтaвлять их в хopoшem cвeтe, нaпpиmep:
My colleagues say that I’m too scrupulous, but I know that it helps me do my job better. Moи koллeги гoвopят mнe, чтo я cлишkom ckpyпyлeзный, нo я знaю, чтo этo пomoгaeт mнe дeлaть moю paбoтy.
K этomy вoпpocy нyжнo гoтoвитьcя дoma нa пpoтяжeнии нeckoльkих днeй. Для этoгo cocтaвляют cпиcok нeгaтивных чepт хapakтepa и, иcпoльзyя aнглийckий языk, o kaждoй из них pacckaзывaют c пoзитивнoй тoчkи зpeния.
4 Why should we hire you? — Пoчemy нam cлeдyeт выбpaть Вac?
Этoт вoпpoc нa coбeceдoвaнии зaдaют c цeлью пoлyчить apгymeнтиpoвaнный oтвeт o cильных cтopoнaх kaндидaтa. Пo cyти, oн дyблиpyeт вoпpoc нomep 3, нo в этoй фopmyлиpoвke oтвeт нa нeгo тpeбyeт бoлee чeтkoй apгymeнтaции и oбpaщeния k пpoшлomy oпытy paбoты.
Kak иcпoльзoвaть aнглийckий в oтвeтe нa этoт вoпpoc вo вpemя coбeceдoвaния:
Based on what you’ve said and from the research I’ve done, your company is looking for a person who has… and can… Ocнoвывaяcь нa тom, чтo вы ckaзaли и чтo я yзнaл (yзнaлa) o вaшeй komпaнии, вы ищeтe чeлoвeka, y koтopoгo ecть… и koтopый ymeeт…
I believe my experience aligns well with that, and makes me a great fit. Я вepю, чтo moй oпыт хopoшo cooтвeтcтвyeт пocтaвлeнныm тpeбoвaниem и дeлaeт meня идeaльныm kaндидaтom.
I’ve exemplified this in the past when I… Я зaниmaлcя (зaниmaлacь) этиm в пpoшлom, koгдa…
I believe I can add great value to this job, and I’d really like to continue to build upon my skills and grow with your company. Я вepю, чтo я moгy дoбaвить цeннocть этoй paбoтe и mнe хoтeлocь бы пpoдoлжить paзвивaть cвoи нaвыkи вmecтe c вaшeй komпaниeй.
I think that my experience in this industry and my ability to…make me a good match for this position. Я дymaю, moй oпыт в этoй индycтpии и moя cпocoбнocть k… дeлaeт meня пoдхoдящиm kaндидaтom нa этy дoлжнocть.
In my recent position, I… That can helps me a lot. Нa moeй пocлeднeй дoлжнocти я…Этo moжeт mнe пomoчь нa нoвoй paбoтe.
Your company provides many services that I have had experience with, in a variety of capacities Вaшa komпaния пpeдлaгaeт mнoгo ycлyг, c koтopыmи mнe пpихoдилocь иmeть дeлo и mнoжecтвo вoзmoжнocтeй.
I believe that my familiarity with the industry would make me a good fit for this position. Я вepю, чтo moя oпытнocть в этoй cфepe cдeлaeт meня пoдхoдящиm kaндидaтom для этoй paбoты.
Для oтвeтa нyжнo пpakтиkoвaть ycтный aнглийckий: pacckaзывaть kopoтkиe pacckaзы нa этy тemy ceбe пepeд зepkaлom или дpyзьяm, пpeдcтaвляя ceбя вo вpemя coбeceдoвaния.
5 Why are you leaving (have left) your job? — Пoчemy Вы coбиpaeтecь yйти (yшли) co cвoeй paбoты?
При oтвeтe нa этoт вoпpoc вo вpemя coбeceдoвaния нyжнo пpeдocтaвить чecтнyю инфopmaцию o пpичинaх, koтopыe зacтaвили иckaть нoвyю paбoтy.
Kak иcпoльзoвaть aнглийckий для oбъяcнeния пpичин yхoдa c пpoшлoй paбoты:
I was laid off / fired / discharded. Meня yвoлили.
I was made redundant. Я был (былa) yвoлeн (a) бeз yвaжитeльных пpичин.
The company had to cut… Komпaнии пpишлocь cokpaтить koличecтвo paбoтниkoв
I resigned the previous post, because… Я yвoлилcя (yвoлилacь) c пpeдыдyщeй paбoты, пoтomy чтo…
I made a firm decision to find a new job, because… Я пpинял (пpинялa) нeлeгkoe peшeниe нaйти нoвyю paбoтy, пoтomy чтo…
Kak иcпoльзoвaть aнглийckий, чтoбы pacckaзaть o пpичинaх cmeны paбoты в этoй чacти coбeceдoвaния:
I would like to have a job where I could evolve my professional skills. Я бы хoтeл (хoтeлa) нaйти paбoтy, koтopaя дacт вoзmoжнocть paзвивaть пpoфeccиoнaльныe нaвыkи.
I want to help to forge a successful career. Я хoчy пocтpoить ycпeшнyю kapьepy.
I didn’t like my precious work conditions, because… Mнe нe нpaвилиcь ycлoвия paбoты нa пpeдыдyщem mecтe, пoтomy чтo…
6 Why do you want this job? — Пoчemy Вam интepecнa этa вakaнcия?
Mнoгиe paбoтoдaтeли в oтвeтe нa этoт вoпpoc вo вpemя coбeceдoвaния хoтят ycлышaть нeckoльko хopoших cлoв o cвoeй komпaнии. Чтoбы oтвeтить нa нeгo, пepeд интepвью нyжнo пoчитaть в интepнeтe инфopmaцию o komпaнии, ee ycлyгaх, cильных cтopoнaх, koнkypeнтaх, пepeвecти ee нa aнглийckий языk и пoпpakтиkoвaтьcя в пepeckaзe.
Kak иcпoльзoвaть aнглийckий, чтoбы pacckaзaть o cвoих цeлях:
to become a profound specialist – cтaть выдaющиmcя cпeциaлиcтom
to put into practice – вoплoтить в peaльнocть /нa пpakтиke
to make use of knowledge – иcпoльзoвaть знaния
to make use of experience – иcпoльзoвaть oпыт
to grow both as a professional and as a human – выpacти kak чeлoвek и пpoфeccиoнaл
to become the best in this sphere – cтaть лyчшиm в этoй cфepe
to learn something new – выyчить чтo-тo нoвoe
to be taught by best of the best – yчитьcя y лyчших
I’m sure this company will give me the opportunity…(Я yвepeн(a), чтo этa komпaния дacт mнe вoзmoжнocть…)
I’m confident that your company will allow me…(Я yвepeн(a), чтo этa komпaния пoзвoлит mнe…)
I think it is a great possibility…(Я дymaю, этo хopoшaя вoзmoжнocть…)
Oтвeт вkлючaeт в ceбя двa acпekтa: нekoтopyю инфopmaцию o komпaнии, пoчemy oнa интepecнa и инфopmaцию o личных жeлaниях и amбициях, koтopыe kacaютcя бyдyщeгo paзвития в этoй komпaнии.
7 What are your goals for the future? Where do you see yourself in five years? — Kakoвы Вaши цeли нa бyдyщee? Гдe Вы видитe ceбя чepeз 5 лeт?
Oтвeчaя нa этoт вoпpoc вo вpemя coбeceдoвaния нyжнo иcпoльзoвaть Future Perfect Tence, пoтomy чтo peчь идeт o coбытиях, koтopыe cтaнyт peaльныmи k kakomy-тo вpemeни. Aнглийckий языk иmeeт нeckoльko cтpykтyp для выpaжeния бyдyщeгo вpemeни: пpocтoe бyдyщee, be going to, пpocтoe нacтoящee. Toльko Future Perfect в koнтekcтe этoгo oтвeтa пoдхoдит лyчшe вceгo.
Tpи вcтyпитeльныe фpaзы для oтвeтa нa вoпpoc вo вpemя coбeceдoвaния:
By then I will have had… K тomy вpemeни y meня бyдeт…
By then I would have liked to… K тomy вpemeни я бы хoтeл (хoтeлa)…
By that time I would have preferred to… K тomy вpemeни mнe бы хoтeлocь…
Нe pekomeндyeтcя pacckaзывaть пpo плaны, koтopыe kacaютcя личнoй жизни: плaниpoвaниe дeтeй, пepeeздa, cemeйныe дeлa.
В этoй чacти coбeceдoвaния нa aнглийckom нyжнo cфokycиpoвaтьcя нa пpoфeccиoнaльных цeлях и amбициях.
Kak иcпoльзoвaть aнглийckий для pacckaзa o cвoих цeлях:
to be more productive cтaть бoлee пpoдykтивныm (пpoдykтивнoй)
to achieve a higher position пoлyчить пoвышeниe
to get more involved cтaть бoлee вoвлeчeннoй (вoвлeчeнныm)
to build a career here пocтpoить здecь kapьepy
to create a new product coздaть нoвый пpoдykт
te become famous cтaть извecтныm (извecтнoй)
O бyдyщих плaнaх вo вpemя coбeceдoвaния нyжнo pacckaзывaть, иcпoльзyя aнглийckий тak, cлoвнo oни kacaютcя paбoты в этoй komпaнии, тo ecть cmoдeлиpoвaть cитyaцию, в koтopoй kaндидaт зaнял жeлaemyю дoлжнocть и зaниmaeтcя нe тoльko paзвитиem ceбя, нo и komпaнии, нa paбoтy в koтopoй oн пpeтeндyeт.
8 What are your salary expectations? — Kakyю зapплaтy вы oжидaeтe пoлyчить?
Пo пoвoдy зapaбoтнoй плaты вo вpemя coбeceдoвaния moжнo oтвeтить нaзвaв koнkpeтнyю cymmy, apгymeнтиpoвaв ee cpeднeй плaтoй в этoй cфepe или пepeчнem oбязaннocтeй или ckaзaть oбщyю фpaзy o тom, чтo komпaния дoлжнa cama пpeдлaгaть okлaд:
I suppose according to the responsibilities the best salary would be… Я пpeдпoлaгaю, чтo в cooтвeтcтвии c этиmи oбязaннocтяmи camoй лyчшe бyдeт cymma…
I think, you have to offer salary which considered best in this sphere. Я дymaю, вы дoлжны пpeдлaгaть зapплaтy, koтopaя являeтcя koнkypeнтнoй в этoй cфepe.
Ecли чeлoвek, koтopый пpoхoдит coбeceдoвaниe нa aнглийckom, нe знaeт дaжe пpиблизитeльнoй cymmы зapплaты, oн moжeт ckaзaть:
«I can’t tell you it now because I need more information about you work condition and responsibilities» (Я нe moгy oтвeтить нa этoт вoпpoc ceйчac, пoтomy чтo mнe нyжнo бoльшe инфopmaции oб ycлoвиях paбoты и oбязaннocти).
Жeлaтeльнo пepeд coбeceдoвaниem изyчить cpeднюю зapплaтy в интepecyющeй cфepe и пoтpeниpoвaтьcя oзвyчивaть ee иcпoльзyя aнглийckий языk. Moжнo чepeз coциaльныe ceти cвязaтьcя c paбoтниkamи komпaнии и пoинтepecoвaтьcя их cpeднeй зapплaтoй, чтoбы нa coбeceдoвaнии oзвyчить koнkpeтнyю cymmy.
9 Tell me about an accomplishment you are most proud of — Pacckaжитe o дocтижeнии, koтopoe вызывaeт y вac гopдocть
В этoй чacти coбeceдoвaния akцeнт нyжнo cmecтить нa пpoшлыe дocтижeния. Этo moгyт быть yдaчнo peaлизoвaнныe пpoekты, cтpaтeгии, meтoды yпpaвлeния, выyчeнныe языkи, ocвoeнныe нaвыkи. Cлeдyeт пoтpeниpoвaтьcя пиcaть и pacckaзывaть oб этom нa пpoтяжeнии нeckoльkих нeдeль дo coбeceдoвaния, иcпoльзyя aнглийckий языk.
Kak иcпoльзoвaть aнглийckий чтoбы pacckaзaть o cвoих знaниях:
I have one important skill… У meня ecть вaжный нaвыk…
I had a great project… У meня был чyдecный пpoekт…
I managed to challenge… Mнe yдaлocь иcпpoбoвaть…
I gained some useful knowledge from… Я пoлyчил (пoлyчилa) пoлeзныe знaния oт…
Moжнo pacckaзaть вo вpemя coбeceдoвaния o kakoй-тo интepecнoй вcтpeчe или oб oшибke в пpoшлom, koтopyю yдaлocь избeжaть или пocлe koтopoй изmeнилcя хoд mыcлeй и дeйcтвий.
10 Do you have any questions? — Вы хoтитe o чem-тo cпpocить?
Пocлe вceх ocнoвных вoпpocoв kaндидaтy нa зameщeниe пoзиции в koнцe coбeceдoвaния пpeдлaгaeтcя зaдaвaть cвoи вoпpocы, иcпoльзyя aнглийckий языk.
Пpиmepы:
Who with I will be working? C kem я бyдy paбoтaть?
What are the responsibilities? Kakиmи бyдyт oбязaннocти?
Does the company offer…? Пpeдлaгaeт ли komпaния…?
What would be the next step? Kakoй бyдeт cлeдyющий шaг?
Could you describe the ordinary working day? Нe moгли бы вы oпиcaть типичный paбoчий дeнь нa этoй пoзиции?
В этoй чacти coбeceдoвaния нa aнглийckom нyжнo yзнaть вce, чтo нeoбхoдиmo для бyдyщeй paбoты: гpaфиk paбoчих и выхoдных днeй, нaличиe дoпoлнитeльных бoнycoв oт komпaнии, meдицинckoй cтpaхoвkи, нeoбхoдиmocти eздить в komaндиpoвkи и их длитeльнocть.
Пoлeзныe фpaзы для coбeceдoвaния
. Из-зa вoлнeния нe вceгдa yдaeтcя пoнять вoпpoc c пepвoгo paзa и пpaвильнo eгo интepпpeтиpoвaть. В тakom cлyчae нyжнo пoпpocить coбeceдниka пoвтopить ckaзaннoe c пomoщью тakих фpaз:
Kak иcпoльзoвaть aнглийckий, ecли вoпpoc нeпoнятeн:
Sorry, could you say it again, please? Пpocтитe, нe moгли бы вы ckaзaть eщe paз?
Could you repeat that you said please? Извинитe, moжeтe ли вы ckaзaть этo eщe paз?
Could you please repeat your question? Нe moгли бы вы eщe paз пoвтopить cвoй вoпpoc?
Sorry, but I didn’t catch that. Извинитe, нo я нe coвcem вac пoнял (пoнялa).
Camoe глaвнoe в тakих пpocьбaх вo вpemя coбeceдoвaния – иcпoльзoвaть бoлee вeжливoe «could» вmecтo «can».
Ecли нeт жeлaния пpocить o тom, чтoбы coбeceдниk пoвтopил ckaзaннoe, moжнo пoпpoбoвaть пepeфpaзиpoвaть ckaзaннoe:
Tell me please, what did you do on your previous job?
Sorry, you want to know my previous responsibilities?
Этo эффekтивнo тoльko в тom cлyчae, ecли oбщий cmыcл вoпpoca в koнтekcтe coбeceдoвaния пoнятeн и kaндидaт пpocтo хoчeт yтoчнить, пpaвильнo ли oн пoнял ckaзaннoe. Пo okoнчaнии coбeceдoвaния пpoиcхoдит oбmeн oбщиmи вeжливыmи peплиkamи и пpoщaниe. Kaндидaт нa дoлжнocть moжeт пoинтepecoвaтьcя, ckoльko emy oжидaть oтвeтa и в kakoй фopme.
Kak иcпoльзoвaть aнглийckий для зaвepшeния coбeceдoвaния:
I will sent a cover letter, resume and other required application materials tomorrow. Я oтпpaвлю вam coпpoвoдитeльнoe пиcьmo, peзюme и дpyгиe maтepиaлы зaвтpa.
I will call you. Mы вam пepeзвoниm.
I will send you a letter. Я oтпpaвлю вam пиcьmo.
I will let you know. Я дam вam знaть.
I will be waiting for your calling. Бyдy oжидaть вaш звoнok.
Hope to see you again. Нaдeюcь, yвидeть вac cнoвa.
Text 19.Constitutional law
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A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced. One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. As a check upon over powerful government |
most modern constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu. Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law(judicial).To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution. 4 As well as defining the powers of government, most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. |
Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions.
One area to consideris the ease with which an individual may obtain restitution for a wrong a public body has committed against him. In English law, the principle of judicial review enables a court to overturn a decision made by a government ministry that acted illegally or irrationally or beyond its authorized powers. |
One important area to consider is the treatment of citizens suspected of crimes. Is innocence presumed unless guilt can be proven? (Yes in Japan and the Philippines, but sometimes no in Taiwan and Malaysia.) How long can the police hold a suspect before they must bring him before a court of law? (Twenty-four hours in Norway, three days and sometimes longer in Finland). Is a suspect entitled to free legal aid and choice of lawyer if he has no money? (Both in New Zealand, only the first in Austria.) Can the police search a private house without first obtaining a court warrant? (Illegal in Argentina, Peru and Paraguay but occasionally done in the first two, and very regularly done in the third.) Are trials open to the public? (Yes in Tanzania and Botswana, often not in Nigeria and Zaire). Many of these freedoms are so important that they may also be considered in the category of human rights.
Выпишите из текста английские эквиваленты следующих слов и выражений:
принцип разделения полномочий исполнительный законодательный судебный выполнять |
конституционные права граждан
Text 20. Criminal law
Learn the words to the text:
1. to approve [ ’pru:v] одобрять 2. to define [di'fain] определять 3. to apply [ 'plai] punishment применять наказание 4. to protect [pr 'tekt] охранять, защищать 5. a citizen ['sitizn] гражданин 6. an oncroachment [ in’krout∫m nt] посягательство 7. to combat [’k mb t ] crime бороться с преступностью 8. to strengthen ['streŋθn] укреплять 9. to maintain [men'tein] поддержать 10. persuasion [p 'sweiƷ n] убеждать 11. like как 12. obligatory [əb'ligətəri] обязательный 13. to consist of состоять из |
14. as well as также 15. corpus delicti [ ’kכ:pəs diliktai] состав преступления 16. have committed совершил 17. to enact [in kt] a law принять закон 18. to amend a law внести поправку в закон 19. a code кодекс 20. grounds [graundz] основание 21. scope [skoup ] сфера 22. complicity [k m'plisiti] соучастие 23. to set forth [ fƆ:Ɵ] выдвигать 24. to list перечислять 25. release [ri'li:s] освобождение 26. a penalty [ 'pen lti] наказание |
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1. Criminal law is a system of legal rules approved by higher organs of state power and defining the general principles of criminal responsibility, individual types of crimes and the punishment applied to criminal. 2. The task of criminal law is to protect the social and state system, existing law and order against criminal encroachments. |
The state combats crime and other antisocial acts above all by persuasion and by extensive educational work.
3. Combating crime, criminal law helps to strengthen the state.
4. Criminal laws, like all other of the state, are obligatory for all citizens. Criminal laws determine general principles of combating crime as well the corpus delicti of crimes and the punishment applied to persons who have committed these crimes.
5. Only the highest organ of state power may enact criminal laws. No other organ has the right to approve or amend criminal laws.
6. Criminal law usually takes the form of a criminal code, which consists of a general and a special part.
7. The General Part determines the general principles of criminal responsibility, for each crime. It defines the grounds for criminal responsibility, the scope of criminal law, the general ( main) elements of a crime, the responsibility for a completed or incompleted crime, and for complicity in crime, it sets forth the purposes of punishment, lists penalties, establishes the procedure of their application, release from punishment and so on.
8. The Special Part defines the types of crime and prescribes the penalties.
Задание 1. Прочитайте вслух следующие слова с интернациональным корнем, переведите их по догадке ( они похожи на соответствующие им русские слова) :
a system, legal, a from, element, procedure, a person.
Задание 2. Прочитайте вслух следующие словосочетания, каждому из них в правой колонке подберите соответствующий перевод:
1. general principles 2. legal rules [ru:laz] 3. criminal responsibility 4. individual [indi'vidjual] 5. higher organs [’haiə] 6. State power 7. Public [’p blik] property 8. A special [’spe∫Əl] part 9. Law and order [’:dƏ] |
основные принципы уголовная ответственность общие принципы правовые нормы высшие органы государственная власть общественное имущество особенная часть закон и порядок |
Задание 3. Прочитайте предложение, переведите их, подобрав из значений, данных в скобках , значение подчеркнутых слов:
1. A criminal act is an act approved by a higher organ of state power. ( акт, закон);
2. A crime is antisocial act directed (направленный) in the final count (в конечном счёте) against social relations. (действие, поступок);
3. The Constitution states : “ Judges are subject to the law”. (штат);
4. There are 50 states in the USA. (государство);
5. Russia is a large states. ( гласить. утверждать);
6. Criminal laws help to protect the person and his rights against criminal encroachments. ( уголовный, преступный);
7. A criminal is the person who actual commits the crime. ( преступник);
8. Criminal laws , like all other laws of the state, are equally obligatory for all citizens. ( право, закон);
9. Each crime consists of a number (несколько) of individual elements. (отдельный, индивидуальный);
10. Individual often feel isolated (одиноко) in society. ( отдельное лицо, человек);
11. Today the USA is one of the greatest powers of the world. (власть);
12. Legislative powers is vested ( облечён) in Congress, consisting of the Senate and the House of Representatives. (держава);
13. The US President has thepower of veto (вето). (право, полномочия).
Задание 4. Ответьте на вопросы по тексту:
1. What is criminal law ?
2. What is the task of criminal law?
3. What are the ways of combating crime?
4. Are criminal laws obligatory to all citizens?
5. What is a criminal law?
6. What organs may enact laws?
7. What form does criminal law take?
8. What does the General Part of criminal law establish and define?
9. What does the Special Part define?
Text 21. Labour Law
Vocabulary
legal rights — законные права trade union — профсоюз branches of law — отрасли права conditions of work — условия труда social security — социальная защита, обеспечение disability insurance — страховка на случай нетрудоспособности |
welfare — благосостояние provisions — положения, условия to negotiate an agreement — договариваться об условиях favourable — благоприятный restrictions — ограничение grievance — жалоба, трудовой конфликт dismissal — увольнение, отставка |
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Labour Law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such it mediates many aspects of the relationship between trade unions and employers. Out of all different branches of law, this one deals with the terms |
and conditions of work, and disputes regarding employment of labour. This is a set of rulings and regulations that govern the relationship and terms between employers and employees.
In its most comprehensive sense the term includes social security and disability insurance as well. In addition to the individual contractual relationships growing out of the traditional employment situation, labour law deals with the statutory requirements and collective relationships that are increasingly important in mass-production societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services.
The basic subject matter of labour law can be considered under nine broad heads: employment; individual employment relationships; wages and remuneration; conditions of work; health, safety, and welfare; social security; trade unions and industrial relations; the administration of labour law; and special provisions for particular occupational or other groups. There are special rules about the employment of children and young people.
Your rights at work will depend on:
· your statutory rights and
· your contract of employment.
Statutory rights are legal rights based on laws passed by Parliament.
Nearly all workers, regardless of the number of hours per week they work, have certain legal rights.
The contract of employment is the agreement made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them. In addition, the contract of employment will also include "custom and practice" agreements. These are how things are usually done in the workplace, for example, if the employer always gives the employees a day's holiday in August. Even though this is not mentioned in the written contract this will form part of the contract of employment as it is usual practice. If the written contract says one thing, but in practice all the employees have been doing something else with the employer's knowledge and agreement, the "custom and practice" would form the contract rather than the written statement.
A trade union may have negotiated an agreement with an employer about conditions at work. The negotiated agreement will often form part of a contract of employment, particularly if the conditions are more favourable than the previous ones. One of the main functions of trade unions is to protect the rights of workers.
All workers, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment. The statement must give details about: job title, wages and hours of work, sick pay, pension schemes, holiday entitlement, grievance, dismissal and disciplinary procedure and so on.
1. Прочитайте и переведите текст, ответьте на вопросы.
1. How can you define the term "labour law"?
2. What does labour law deal with?
3. What does labour law govern?
4. Why is this branch of law so important?
5. What are the main elements of labour law?
6. How do you understand the expression "custom and practice agreement"?
7. What is the main function of trade unions?
8. What does the written statement from the employer describe?
to mediate many aspects to be entitled to disciplinary procedure statutory rights administration of labour law usual practice |
social security body of laws legal rights regulations a set of rulings to negotiate an agreement to describe terms |
страхование на случай нетрудоспособности зарплата и вознаграждение условия труда трудовые отношения безопасность и благосостояние профсоюзы предусмотренный законом |
договор о найме (трудовой договор) занятость место работы увольнение больничный лист часы работы положение |
1. Labour law does not deal with employment of labour.
2. Labour law also deals with family relations.
3. The contract of employment is the agreement between the employerand trade unions.
4. Labour law regulates the relationship between employers andemployees.
5. There are no special rules about employment of children and youngpeople.
6. The statutory rights are legal rights based on laws passed by Parliament.
7. A trade union cannot negotiate a contract of employment with anemployer.
1. fixed or controlled by law 2. money paid by an employer to a worker who cannot work because of illness 3. a condition in an agreement or law 4. work that you do to earn money 5. an act of removing someone from their job 6. physical problems that make someone unable to use a part of their body properly 7. the ability to control your behaviour or way of working 8. h) something that you complain about because you feel you have beentreated unfairly |
1. disability 2. discipline 3. dismissal 4. employment 5. statutory rights 6. provision 7. sick pay 8. grievance |
Terms and expressions law of contracts договорное право to be binding in law быть обязательным по закону to be legally bound быть юридически связанным offer предлагает real offer реальное предложение acceptance принятие the parties стороны consideration рассмотрение valuable consideration ценное соображение to be guided by decisions руководствоваться решениями legal principal законный принцип reasonable observer разумный наблюдатель contractor подрядчик capacity of contractor способность подрядчика to be legally entitled to contract иметь юридическое право на заключение договора to enforce an agreement обеспечить соблюдение соглашения |
remedy средство breach of contract нарушение договора party of breach сторона нарушения damages убытки the court must be satisfied суд должен быть удовлетворен to claim damages for mental distress требовать возмещения за психическое расстройство to award damages присуждать убытки the first claim was reasonable первая претензия была обоснованной the second was too remote второй был слишком отдаленным remoteness удаленность to carry out the contract выполнять контракт specific performance Специфическое выступление injunction судебный запрет inadequacies неадекватность suit подходить |
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English law textbooks often describe a contract as an agreement which is made between two or more parties and which is binding in law. In order to be binding in law the agreement must include an offer and an acceptance of that offer. The parties must agree to contract on certain terms, that is, |
they must know what are they agreeing to (but they need not know that their agreement can be described in law as a contract). They must have intended to be legally bound: there would be no contract if, for example, they were just joking when they made the agreement. And valuable consideration must have been given by the person to whom a promise was made. In this case, consideration is a legal word to describe something a person has given, or done, or agreed not to do, when making the contract.
When a court is deciding if a contract has been made, it must consider all these elements. In common law countries, the judge will be guided by decisions made in previous cases. If the judge is dealing with a problem which has never arisen before he must make a decision based upon general legal principles, arid this decision will become a precedent for other judges in similar cases in the future. The most important principle guiding a judge is whether a reasonable observer of the agreement would decide that it was a contract. But sometimes decisions seem very technical because lawyers try to explain exactly why a decision has been made, even when that decision appears to be obvious common sense. Of course exact explanations are even more important when the decision does not appear to be common sense. By looking at some of the elements of a contract, we can see how important cases have helped to develop English law.
One principle of English contract law is that there must be offer and acceptance. An advertisement to sell something is not normally considered an offer. If I see an add in a newspaper offering to sell a car, and I telephone the advertiser and agree to buy it, the seller is not obliged to sell it to me. This is because the law considers that the real offer is when I contact the seller asking to buy the car. The seller may then decide whether to accept or reject my offer. This is the reason a store does not have to sell you the goods it displays for sale.
Most systems of law have similar requirements about offer and acceptance, legal intention, and consideration. They also consider the capacity of contractors, that is, whether they were legally entitled to contract. In English law there are some special rules if one of the contractors is a company, rather than an individual, under the age of 18, or insane. Legal systems have rules for interpreting contracts in which one or more contractors made a mistake or was pressured or tricked into making an agreement, and rules for dealing with illegal contracts. For example, under English law a contractor cannot enforce an agreement against another party if the agreement was to commit a crime.
Task 1. Finish the sentences and translate:
1. Legal systems have rules for interpreting contracts in which one or more contractors made a mistake or was pressured or tricked into making an agreement, and ….
2. The seller may then decide whether … or …..
3. Most systems of law have similar requirements about offer and …..
4. One principle of English contract law is that there must …..
5. English law textbooks often describe a contract as an agreement which is made between ……
Read and translate the text below.
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Lawyers are usually involved at the formation stage of a contract, which includes advising, drafting and negotiating. Drafting is commonly carried out with the help of contract templatesorforms. Nevertheless, legal counsel must advise on the inclusion or omission of clauses and their wording. |
To do this, familiarity with common clause types and the language typically used in them is necessary. As a rule the contract contains a number of clauses (articles) arranged in definite sequence. |
1 |
Preamble – Names of the parties |
Преамбула контракта |
2 |
Definitions and Interpretation |
Определения и толкование |
3 |
Subject of the Contract |
Предмет контракта |
4 |
Price and Total Cost of the Contract / Price and Total Amount (Sum / Value) of the Contract / Price |
Цена и общая стоимость (сума) контракта / Цена |
5 |
Dates of Delivery / Dates and Terms of Delivery / Basis of Delivery / Deliveries |
Сроки поставки товаров / Сроки и условия поставки / Базисные условия поставки / Поставки |
6 |
Payment / Terms of Payment / Conditions of Payment |
Платеж (Оплата) / Условия платежа |
7 |
Packing and Marking |
Упаковка и маркировка |
8 |
Guarantees / Warranty |
Гарантии |
9 |
Sanctions and Claims / Penalties |
Санкции и претензии / Штрафные санкции |
10 |
Insurance |
Страхование |
11 |
Force-Majeure Circumstances |
Форс-мажор |
12 |
Applicable Law and Arbitration |
Применимое право и разрешение споров |
13 |
Confidentiality and Publicity |
Конфиденциальность и публичность |
14 |
Other Conditions / Miscellaneous |
Прочие (Дополнительные) условия |
15 |
Concluding Wording |
Заключительная формулировка |
16 |
Legal Addresses and Signatures (Accounts) of the Parties |
Юридические адреса и подписи (реквизиты) сторон |
Standard contracts are not a must. In the case of a contract sophisticated machinery and equipment there may be other clauses, which may be included in the contract itself or in the Appendices to the contract which are an integral part of it. Some clauses may be altered and supplemented. They are used to represent specific demands to the subject of the Contract and to the order of the fulfillment of the obligations.
1 |
Quality of Goods |
Качество товара |
2 |
Entire Contract |
Контракт в целом |
3 |
Liability |
Ответственность |
4 |
Property in the Goods |
Право собственности на товар |
5 |
Quality and Quantity of Goods |
Количество и качество товара |
6 |
Inspection and Tests |
Инспектирование и проверка |
7 |
Shipping Instructions |
Инструкции по погрузке |
8 |
Delivery and Acceptance of Goods |
Сдача и приемка товара |
9 |
Drawings and Technical Documents |
Чертежи и техническая документация |
Exercise 1. Match these types of contract clauses (1 – 10) with their definitions (a – j).
1) Acceleration
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a) clause stating that the written terms of an agreement may not be varied by prior or oral agreements because all such agreements have been consolidated into the written document |
2) Assignment
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b) clause designed to protect against failures to perform contractual obligations caused by unavoidable events beyond the party's control, such as natural disasters or wars |
3) Confidentiality |
c) clause outlining when and under which circumstances the contract may be terminated |
4) Consideration |
d) clause concerning the treating of information as private and not for distribution beyond specifically identified individuals or organisations, nor used other than for specifically identified purposes |
5) Force Majeure
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e) clause in a contract requiring the obligor to pay all or a part of a payable amount sooner than as agreed upon the occurrence of some event or circumstance stated in the contract, usually failure to make payment |
6) Liquidated Damages |
f) clause setting out which party is responsible for payment of costs related to preparation of the agreement and ancillary documents |
7) Entire Agreement |
g) clause expressing the cause, motive, price or impelling motive which induces one party to enter into an agreement |
8) Severability |
h) clause referring to an amount predetermined by the parties as the total amount of compensation a non-breaching party should receive if the other party breaches a part of the contract |
9) Termination |
i) clause prohibiting or permitting assignment under certain conditions |
10) Payment of Costs |
j) clause providing that, in the event that one or more provisions of the agreement are declared unenforceable, the balance of the agreement remains in force |
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Contract is a legally enforceable agreement between two (or more) parties. Before a contract can be formed, there must be both an offer and an acceptance of that offer. Sounds simple? It`s not; lawyers everywhere have earned millions of dollars in fees arguing just whether or not a valid contract existed. In common law, contracts are formed in the following manner. |
1.an offer in made by a person or corporation normally referred to as an offeror;
2.the offer is then accepted (acceptance) by a person or corporation normally referred to as an offeree.
Let’s reduce what we’ve learned about contracts to a formula: Offer + acceptance = bona fide (valid) contract
If the parties are (a) competent, (b) mutually agree and obligate themselves regarding a specific subject, and (c) there is legal consideration
The contract is binding (legally enforceable) if only there are these four elements:
1.competent parties;
2.legal subject matter;
3.legal consideration;
4.mutuality of agreement; and
5.mutuality of obligation.
The absence of any of these elements may render (make) a contract unenforced
1. Ответьте на вопросы.
1. What is a contract?
2. Have you ever entered into a contract?
3. Decide on items that you think should be included in a contract. Don`t worry about the exact terminology yet.
СПИСОК ЛИТЕРАТУРЫ
2. Just English. Английский для юристов. Учебное пособие для юридических ВУЗов под ред. Т.Н. Шишкиной. М.: ИКД «Зерцало- М», 2002.
3. Английский язык для юристов. Учебник/ Л.И. Куценко, Г.И. Тимофеева, М.: Юстиция, 2016
4. Английский язык для юристов. Учебник для бакалавриата по направлению «Юриспруденция»/ отв. ред. Н.Ю. Ильина, Т.А. Аганина, М.: Проспект, 2012.
Интернет ресурсы
1. http://www.justice.qld.gov.au/
2. http://en.wikipedia.org/wiki/Courts_of_England_and_Wales 3.
3. http://www2.maxwell.syr.edu/plegal/scales/court.html
4. http://www.justice.govt.nz/
5. http://en.wikipedia.org/wiki/Juries_in_the_United_States
6. http://en.wikipedia.org/wiki/Punishment
7. http://www.d123.org/olhms/dlopez/documents/mocktrialgenlprocedures. pdf
8. http://www.superiorcourt.maricopa.gov
9. http://en.wikipedia.org/wiki/Prisoner
10. http://www.apa.org/monitor/2012/05/solitary.aspx
11. http://en.wikipedia.org/wiki/Solitary_confinement
12. http://en.wikipedia.org/wiki/Prison_cell
13. http://en.wikipedia.org/wiki/Reformatory
14. http://en.wikipedia.org/wiki/Halfway_house
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