G L O S S A R Y 4 страница

tribunals: Informal courts in the civil legal system. Each has a chairperson who must be a lawyer, as well as lay members who hear cases in a number of specialised areas. Of the more than 50 types of tribunals, the most common are the industrial tribunals and the Social Security appeals tribunals. There are others dealing with immigration, mental health, land and pensions. There is no LEGAL AID for representation at tribunals as they are meant to be informal and simple to use, but increasingly lawyers are needed as the law in such areas becomes more complicated.

trust: An obligation accepted by a person, known as a “trustee”, to hold and manage property entrusted to him/her by its owner, for the benefit of a third person, known as the “beneficiary”. The trust obligation is the prime example of the way in which EQUITY ensures that actual intentions with respect to the disposition of property are carried out. A trust may arise by agreement between the trustee and the owner of the property or be imposed on the trustee because of the circumstances existing between him/her and the owner of the property.

Tyranny: 1. The severe deprivation of a natural right. 2. The accumulation of all powers the legislative, executive, and judicial- in the same hands (whether few or many). Sense 2 expresses the Madisonian view of tyranny, to be found in The Federalist, No. 47. 3. Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, whether vested constitutionally in one ruler or usurped by that ruler by breaking down the division and distribution of governmental powers.

unwritten constitution. 1. The customs and values, some of which are expressed in statutes, that provide the organic and fundamental law of a state or country that does not have a Single written document functioning as a constitution. - In British constitutional law, the constitution is a collection of historical documents, statutes, decrees, conventions, traditions, and royal prerogatives. Documents and statutes include Magna Carta (1215), the Bill of Rights (1689), and the European Communities Act (1972). 2. The implied parts of a written constitution, encompassing the rights, freedoms, and processes considered to be essential, but not explicitly defined in the written document. - Many aspects of an unwritten constitution are based on custom and precedent. The U.S. Constitution does not, for example, give the Supreme Court the power to declare laws unconstitutional but the Court does so without question. Nor does the Constitution expressly guarantee a right of privacy, but the Supreme Court has declared that the right exists and is protected. 3. A nation's history of government and institutional development. This was the standard definition before the United States produced the first written constitution. It remains current in Great Britain and other nations that have unwritten constitutions. 4. Parliamentary law. A governing document adopted by an organization for its internal governance and its external dealings. The constitution may be an organization's most authoritative governing document, but if the organization has also received a charter or adopted articles of incorporation or association, then the constitution is subordinate to them. If the organization has also adopted bylaws, then the bylaws are subordinate to (and usu. more easily amended than) the constitution. The constitution and bylaws are sometimes contained in a single document.

to vest: To confer legal ownership of land on someone; 2) to confer legal rights on someone.

Veto: n. 1. (in international law) The power given to any permanent member of the Security Council of the *United Nations to refuse to agree to any nonprocedural proposal (there is no such power in relation to procedural matters) and thereby defeat it. An abstention is not equivalent to a veto. The President of the Security Council has power to determine which questions are nonprocedural. The General Assembly of the UN passed a Uniting for Peace Resolution in 1950, providing for the Assembly to take over some of the functions of the Security Council when the Council's work has been paralysed by use of the veto. This resolution, however, was only a political gesture and failed to overcome the veto power. 2. (in EU law) a. The power of a member state in the *Council of the European Union to block legislation when a unanimous decision in favour of a measure is required. Although much EU legislation only requires a qualified majority decision of the Council, unanimity votes are required in such areas as taxation, budgets, foreign policy, and the admission of new member states. b. The power of the *European Parliament to reject legislation proposed by the Commission by means of the *codecision procedure.

Void: adj. (14c) 1. Of no legal effect; null. - The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever - those that are an absolute nullity.

Voidable: adj. (15c) Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. This term describes a valid act that may be voided rather than an invalid act that may be ratified.

Weatherill amendment This is an amendment to the House of Lords Bill 1988-89 moved by the late Lord Weatherill. This Bill sought to abolish the right of hereditary peers to sit and vote in the House of Lords. Lord Weatherill's amendment allowed for 92 hereditary peers to remain in the Lords. It was passed and became section 2 of the House of Lords Act 1999.

writ: A document issued by a senior civil court to start a court action.

wrong – act against natural justice/ act which infringes someone else’s right. (wrongdoer, wrongdoing).

K E Y S

UNIT I

HISTORY AND SOURCES OF ENGLISH LAW

TEXT 1

TASK I

1. apply; 2. justice; 3. judgment; 4. itinerant justices; 5. precedence 6. evidence; 7. case; 8. evidence.

TASK III

to stem from to arise, to come, to derive

modern present

prevail predominate

vary change, deviate, differ

influence affect, persuade, motivate

judge justice

contribute add, bestow

treat consider, deal with

source origin

gain acquire, get

body of accumulation, collection, mass

establish create, set up

TASK IV

accept reject

gain miss

occasional frequent; regular

particular general, easy going

common distinctive, unusual

local general, national

obvious(ly) hidden, obscure

TASK VII

1. different; 2. different, different; 3.various, differently; 4. different; 5. differently; 6.various; 7. various.

TASK VIII

Unitary, single, separate, association, similar, differences; differences, substantial, ruled, originally.

TEXT 2

TASK I

1. precedent; 2. Appeal; reversed; 3. lost a case; 4. overruled; 5. judiciary; 6. brought; 7. sacked.

TASK III

To offer to come forward, to propose;

To make a law to create, to establish;

Statement assertion, declaration;

To consider to contemplate, to judge;

To presuppose to presume, to hypothesize;

To pronounce to assert, to declare;

Precise accurate, well-defined, explicit.

TASK V

1. cling to; 2. impartiality; 3. take sides; 4. preponderance; 5. to take account of; 6. ensured; 7. look up; 8. spelt out.

TEXT 3

TASK I

1. jurisdiction; 2. petition; 3. verdict; 4. specific performance; 5. charges; 6. redress; 7. writ; 8. High Court.

TASK II

equity fair system of laws or system of British law which developed in parallel with the common law to make it fairer;

writ legal document which begins an action in court.

litigant person who brings a lawsuit against someone.

remedy way of repairing harm or damage suffered.

damages money claimed by a plaintiff from a defendant as compensation for harm done.

redress remedy, relief.

wrong an illegal or immoral act.

petition written application to a court.

verdict decision of a jury or magistrate.

injunction court order compelling someone to stop doing something.

TASK V

1. dispensed; 2. observed; 3.enforced; 4.granted; 5. refused; 6. emerged; 7. held; 8.administered; 9. decided.

UNIT II

TEXT 1

TASK I

1. Relevant

2. Continuity

3. Asserted

4. Enshrined

5. Expunge

6. Stalemate

TASK II

1) compelling, primary, dominant;

2) crucial decisive, basic, major;

3) supreme;

4) set of rules, fundamental principles;

5) legitimate successor; eligible to succeed;

6) the rule of the military.

TASK IV

1. constituency;

2. institute;

3. constitute;

4. restitution;

5. substitute.

TEXT 2

TASK I

1. entitles;

2. premise, premise;

3. abdicated;

4. exact;

5. thrashed out;

6. franchise.

TASK II

To break the contract; to abuse power; to propound theory; to design/work out compromise; to avoid chaos; to restore constitution, monarchy; to reach solution; to dissolve/to summon Parliament; to preserve continuity; to exercise powers; to override legislation, veto; to lay down foundations/principles; to confer rights; to exact concessions; to fill the vacuum; to crush support, resistance; to ratify acts.

TASK III

a) 1) legality; 2) legacy; 3) legitimacy; 4) legislation; 5) legislature.

b) 1) legacies;2) legality; 3) legislation; 4) legitimacy; 5)legislatures.

TEXT 3

TASK II

1) was assured; 2) to ensure against; 3) ensured; 4) insure; 5) ensures; 6) assured; 7) ensure.

TASK III

1). a system or body of usages, laws, or regulations; single laws or usages if their operation is of vital importance and vast scope.

2) an organized society, established either by law or the authority of individuals, for promoting any object, public or social.

TASK IV

Evolutionary – evolution – evolve;

Comparative – comparison – compare;

Different – difference – differ/differentiate;

Constituent – constitution – constitute;

Notional – notion – notify;

Descriptive – description – describe;

Successive – succession – succeed;

Powerful – power – empower;

Expendable – expenditure – expend;

Alterative – alteration – alter;

Discoverable – discovery – discover;

Significant – significance – signify;

Distinctive – distinction – distinguish.

TASK VI

1) c; 2) b; 3) a; 4) b; 5) c; 6) b; 7) a; 8)a;

TEXT 4

TASK II

To limit/to restrain exercise of power/governmental powers;

To make/to enforce laws;

To police rights;

To set/to place limits;

To override individual liberties;

To apply ideas/ prejudices/laws;

To interpret legislation;

To settle disputes;

To obtain protection;

To remove provisions.

TASK III

Дата добавления: 2015-11-14