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VII. Retell the text in a written form (in English or Ukrainian).

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UNIT 6. CONCEPT OF LAW. CLASSIFICATION OF LAW TEXT 54. WHAT IS LAW?

I. Read and memorize the following words and word combinations:

To impose – накладати, descriptive – описовий, to enforce – примушувати, definition – визначення, compulsion – примус, assault – напад, faulty – недосконалий.

II. Listen to the text:

What is Law?

It is difficult to give a short simple answer to this question. The English word «law» refers to limits upon various forms of behaviour. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave, for example, the laws of physics, mathematics, economics, or the law of football. Other laws are pre­scriptive — they prescribe how people ought to behave. For example, the speed limits imposed upon drivers are laws that prescribe how fast we should drive. In all societies, relations between people are regu­lated by prescriptive laws. Some of them are customs — that is, in­formal rules of social and moral behaviour. Some are rules we accept if we belong to particular social institutions, such as religious, educa­tional and cultural groups. And some are precise laws made by nations and enforced against all citizens within their power.

There is no generally agreed definition of the law of a state, though many legal writers have attempted to define law. A simpler definition is that law is a set of rules. Many organi­zations, however, have rules and there are also rules of morality. So what makes law different from these? Rules become law when they are recognised by the majority of people in a country and given gov­ernment backing to enforce them in the country as a whole; in other words, recognised and applied by the state. A rule in an organisation is a private matter and is not in force throughout the community. A moral rule is a matter for people's consciences; it will not be enforced by the government.

 

III. Agree or disagree with the statements:

 

1. Each country in the world has its own system of law.

2. Some laws are descriptive and other laws are descriptive.

3. There is no generally agreed definition of the law of a state.

4. Law is a set of rules.

5. There are rules of morality.

6. The English word “law” refers to limits upon various forms of behavior.

7. Descriptive laws prescribe how people ought to behave.

8. Prescriptive laws describe how people usually behave.

9. Many legal writers have attempted to define law.

10. In all societies, relations between people are regulated by prescriptive laws.

 

IV. Answer the questions:

 

1. What does the English word “law” refer to?

2. What are the two major types of law?

3. What makes law different from rules?

4. What ideas underline the concept of law?

5. What is a simple definition of law?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  A moral rule is a matter for people's consciences; a that is, in­formal rules of social and moral behaviour
  Precise laws are made by nations b upon various forms of behaviour.
  Some of them are customs — c it will not be enforced by the government.
  Descriptive laws describe how people, or even natural phenomena, usually behave, d and enforced against all citizens within their power.
  The English word «law» refers to limits e for example, the laws of physics, mathematics, economics.

 

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 55. THE STATE AND LAW

I. Read and memorize the following words and word combinations:

Toamke and enforce law – видавати та застосовувати закон, international community – міжнародна спільнота, to differ – відрізнятися, to have much in common – мати багато спільного, official bodies – офіційні органи, to decide disputes – вирішувати спори, judges – судді.

II. Listen to the text:

The State and Law

The state has an important part to play in making and enforcing law. But what is state? It is a political unit with a territory that the international community treats as independent, for example the United Kingdom, Barbados or Japan. Law settles how the state is to be governed (its constitution), what duties it owes its citizens, and what duties they owe to one another and to the state.

Since each state has its own system of law, there are many legal systems: the law of the United Kingdom, Barbados or Japan etc. The laws of states differ a bit but also have much in common. Legal sys­tems are called systems because in each state or part of a state with its own laws there are official bodies concerned with the whole of its law. These bodies — the branches of the state — are the legislature, which makes laws, the executive government, which puts laws into effect, and the judges, who decide disputes about the law. These branches of government try to see that the laws do not conflict with one another. In other words, they treat the laws as parts of a system that hang together.

There is no generally agreed definition of the law of a state, though many legal writers have attempted to define law. A simpler definition is that law is a set of rules. Many organizations, however, have rules and there are also rules of morality. Rules become law when they are recognized by the majority of people in a country and applied by the state.

 

III. Agree or disagree with the statements:

 

1. The state plays an important part in making law.

2. Law settles how the state is to be governed.

3. Each state has its own system of law?

4. There are many legal systems.

5. The laws of states differ.

6. The laws of states have much in common.

7. In each state there are official bodies.

8. The executive government makes laws.

9. The legislature puts laws into effect.

10. The branches of government try to see that the laws do not conflict with one another.

 

IV. Answer the questions:

 

1. What is state?

2. What does law settle?

3. What are the branches of the state?

4. Does each state have its own system of law?

5. What are the tasks of the branches of government?

V. Match the first part of the sentence (1-5) with the second one (a-e).

  Rules become law when they are recognized a though many legal writers have attempted to define law.
  There is no generally agreed definition of the law of a state, b and what duties they owe to one another and to the state.
  Since each state has its own system of law, c to play in making and enforcing law.
  Law settles how the state is to be governed, what duties it owes its citizens, d by the majority of people in a country and applied by the state.
  The state has an important part e there are many legal systems.

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 56. WHY DO WE HAVE LAW AND STATE?

I. Read and memorize the following words and word combinations:

Anarchist – анархіст, stealing – крадіжка, assault – напад, murder - вбивство, divorce – розлучення, to treat – ставитись, to govern – керувати, legislature – законодавча влада, executive – виконавча влада, judicial – судова влада.

II. Listen to the text:

Why do We Have Law and State?

There are people who believe that there should be no laws at all. These people are called anarchists, but it is difficult to imagine how any society would operate without at least some rules. What if there were no laws against stealing; or assault; or murder? What do you think society would be like? When items are bought and sold, there must be rules as to what should happen if the item is faulty. When two people marry, some rules are necessary, for example, should there be a minimum age at which they can marry? If they divorce, how should their property be divided? In the world of business, laws on a number of points are needed. How do you form a company and what are the rules about contracts and employment?

All these show that a modern society needs laws and the more complex society becomes the more laws it will need.

The state has an important part to play in making and enforcing law. But what is state? It is a political unit with a territory that the in­ternational community treats as independent, for example the United Kingdom, Barbados or Japan. Law settles how the state is to be gov­erned (its constitution), what duties it owes its citizens, and what du­ties they owe to one another and to the state.

Since each state has its own system of law, there are many legal systems. The laws of states differ a bit but also have much in common. Legal sys­tems are called systems because in each state or part of a state with its own laws there are official bodies concerned with the whole of its law. These bodies - the branches of the state - are the legislature, which makes laws, the executive government, which puts laws into effect, and the judges, who decide disputes about the law. These branches of government try to observe that the laws do not conflict with one another.

III. Agree or disagree with the statements:

1. It is easy to imagine how any society would operate without at least some rules.

2. There are no laws against stealing or murder.

3. When people marry, no rules are necessary.

4. In the world of business, laws on a number of points are needed.

5. A modern society needs simple laws.

6. The community has an important part to play in making and enforcing law.

7. A state is a political unit with a territory that the in­ternational community treats as independent.

8. Customs settle how the state is to be gov­erned and what duties it owes its citizens.

9. Since each state has its own system of law, there are many legal systems.

10. The branches of the state are the legislature, the executive and the judicial.

IV. Answer the questions:

1. What is law in the opinion of many people?

2. In what circumstances do people start thinking of their everyday activities as legal matters?

3. What are the examples of the growing uses of law throughout the world?

4. When does law seem to be regarded as a good thing?

5. What laws are relations between people in all societies regulated by?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  State is a political unit with a territory a to play in making and enforcing law.
  Legal sys­tems are called systems because in each state b that the in­ternational community treats as independent.
  The state has an important part c that there should be no laws at all.
  The more complex society becomes   d there are official bodies concerned with the whole of its law.
  There are people who believe e the more laws it will need.

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

 

TEXT 57. CLASSIFICATION OF LAW

I. Read and memorize the following words and word combinations:

Common law – звичаєве право, invasion – вторгнення, public law – суспільне право, to commit – скоювати, defamation – наклеп, negligence – недбалість, a wrong – правопорушення.

II. Listen to the text:

Classification of Law

Each country in the world has its own system of law. However, there are two main traditions of law in the world. One is based on English Common law, and has been adopted by many Commonwealth countries (English-speaking countries) and most of the United States. The other tradition, known as Civil law, or Continental law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa, which have been strongly influ­enced by Europe. Civil law has also influenced Japan.

Common law systems differ from civil law systems. Common law system is a system of “judge made” law which has continuously developed over the years through the decisions of judges in the cases brought before them. These judicial precedents are an important source of common law system. Civil or continental law systems are known as codified legal systems. In these systems law has been codified or systematically collected to form a consistent body of legal rules. Civil law systems have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen's life.

Despite these differences the law of a modern state has everywhere much the same shape and is concerned with the same problems. One important distinction made in all countries is between private — or civil — law and public law. Civil (private)law concerns disputes between citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.

 

III. Agree or disagree with the statements:

 

1. Each country in the world has its own system of law.

2. Common law systems do not differ from civil law system.

3. Continental law has developed only in Europe.

4. Civil law has influenced Japan.

5. The judicial precedents are an important source of common law system.

6. Continental law systems are known as codified legal systems.

7. Civil law concerns disputes between citizens within a country.

8. Public law concerns disputes between citizens and the state.

9. The law changes through the course of history.

10. The law orbits certain ways of behaving.

 

IV. Answer the questions:

 

1. What are two main traditions of law in the world?

2. What is the difference between Common law and Civil law systems?

3. What does Civil law concern?

4. What does public law concern?

5. What are the main branches of Civil law?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  Civillaw concerns disputes between citizens within a country, a and is concerned with the same problems.
  The law of a modern state has everywhere much the same shape b which has developed through the decisions of judges.
  Civil or continental law systems c has its own system of law.
  Common law system is a system of “judge made” law d and public law concerns disputes between citizens and the state.
  Each country in the world e are known as codified legal systems.

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 58. BUSINESS LAW

I. Read and memorize the following words and word combinations:

Transaction – комерційна операція, a tort – цивільне правопорушення, to conspire – вступати у змову, business law – торгівельне право, a party – сторона у контракті, legally enforceable – юридично обов`язковий, a consideration – компенсація.

II. Listen to the text:

Business Law

Business law (also known as commercial law) covers rules that apply to business situations and transactions. Business law is largely concerned with civil law, especially with contracts. Some business law applies to torts (private wrongs against individuals, distinct from breaches of contracts). Some business law applies to torts (private wrongs against individuals distinct from breaches of contracts) For example, a tort may occur when a manu­facturer makes a defective product that injures a user. Criminal law sometimes governs business-related activities, too. For example, criminal law would punish a firm that conspires with competitors to fix prices or an employee who steals company tools.

Numerous and varied laws regulate the activities of all businesses and everyone involved in the business, from owner to manager to em­ployee. The business law deals with contracts, torts, sales, agency, property, bankruptcy, and negotiable instruments.

 

III. Agree or disagree with the statements:

 

1. Business law is also known as commercial law.

2. Business law deals with crime and punishment.

3. Commercial law covers rules that apply to business and transactions.

4. Business law is concerned with civil law.

5. Some business law applies to torts.

6. Criminal law sometimes governs business – related activities.

7. Numerous laws regulate the activities of all business.

8. Laws do not regulate the activities involved in the business.

9. Business law deals with sales property and bankruptcy.

10. Business law is concerned with crimes against society

 

IV. Answer the questions:

 

1. What is business law concerned with?

2. Can criminal law apply to business – related activities?

3. Are there any laws regulate business relations?

4. What laws regulate business relations?

5. What regulates the activities of all business and everyone involved in the business?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  The business law deals with a civil law, especially with contracts.
  Criminal law would punish a firm b contracts, sales, property, bankruptcy, and negotiable instruments.
  Some business law applies to torts - c that apply to business situations and transactions.
  Business law is largely concerned with d private wrongs against individuals distinct from breaches of contracts.
  Business law covers rules e that conspires with competitors to fix prices.

 

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 59. THE LAW OF CONTRACT

I. Read and memorize the following words and word combinations:

Enforceable –здійснюваний судовим порядком, breach of contract – порушення умов контракту, intentional – навмисний, a slander – усний наклеп, a libel – наклеп у письмовій формі, product liability – відповідальність за якість товару.

II. Listen to the text:

The Law of Contracts

A contract is a legally enforceable, voluntary agreement between two or more parties. A contract is like a private statute, in which the parties define the considerations they owe each other. Contracts are generally part of most business transactions. They can be either express or implied. An express contract is one in which the words are actually put forth, either orally or in writing. Generally, oral contracts are just as legally enforceable as written contracts. (Some types of contracts must be in writing to be valid, such as for the sale of an interest in land.)

But since the words used in an oral contract may be difficult to prove at a later time when parties are in dispute, the best policy for business firms to follow is to put all contracts in writing. An implied contract results from the actions of the parties rather than from an explicit promise. For example, when a passenger boards a train, it is implied that the passenger will have a ticket when the agent collects them and that the train will provide safe transportation to the destination.

III. Agree or disagree with the statements:

 

1. A contract is voluntary agreement between two or more parties.

2. A contract is a private statute, in which the parties define the consideration they owe each other.

3. Contracts are generally part of most business transactions.

4. Contracts can be either express or implied.

5. Oral contracts are just as legally enforceable as written contracts.

6. The best policy for business firms to follow is to put all contracts in writing.

7. An express contracts is one in which the words are actually put forth, either orally or in writing?

8. A contract must not involve any unlawful act.

9. Both parties must accept the terms of the agreement voluntarily.

10. To be enforceable, a contract must meet several requirements.

 

IV. Answer the questions:

1. What is a contract?

2. What kinds of contracts do you know?

3. What requirements must a contract meet to be enforceable?

4. Haw can you define breach of contract?

5. What are oral contracts?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  An implied contract results from the actions of the parties a in which the parties define the considerations they owe each other.
  Generally, oral contracts are just as legally enforceable b rather than from an explicit promise.
  Contracts are generally c as written contracts.
  A contract is like a private statute, d voluntary agreement between two or more parties.
  A contract is a legally enforceable, e part of most business transactions.

 

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

 

TEXT 60. THE LAW OF PROPERTY

I. Read and memorize the following words and word combinations:

To file – реєструвати, to file a suit – подавати позов, copyright – авторське право, exclusive rights - виключні права, a bond - облігація, a trademark – торговий знак, a stock – акція, tangible property – матеріальна власність, intangible property – нематеріальна власність.

II. Listen to the text:

The Law of Property

Anything that can be owned is considered property. Property is something for which a person or business entity has unrestricted right of possession or use. There are several categories of property. Real property is real estate, land, and anything permanently attached to it, such as houses, buildings, and parking lots. Tangible personal property means physical items such as a store's inventory of goods, equipment, and automobiles. Intangible personal property is that shown by documents or other written instruments, such as checks, money orders, receipts, stocks, and bonds.

Three forms of intangible personal property provide legal protection for individuals or business firms. A trademark is a name or symbol registered with the U.S. Patent and Trademark Office. It guarantees the owner exclusive rights for 20 years and can be renewed as many times as the owner wishes. Patents, granted by the U.S. Patent and Trademark Office, give inventors the exclusive right to make, use, or sell their products for 17 years. Patents cannot be renewed. In patent disputes during the 1980s, the courts ruled increasingly in favour of the rights of patent owners. A copyright, filed with the U.S. Copyright Office, gives the creator exclusive right to publish and sell an original written work. Copyrights last for the lifetime of the author plus 50 years. Hal David and a group of songwriters and music publishers filed a suit against Sony to protect their music from being copied on recorders that can make perfect copies of compact disks. Sony's defense was that people have been taping music at home for years.

 

III. Agree or disagree with the statements:

 

1. Anything that can be owned is considered property.

2. There are several categories of property

3. Real property is real estate and land.

4. Tangible personal property means physical items.

5. Intangible personal property is that shown by documents, checks, money orders, receipts, stocks and bonds.

6. Three forms of intangible personal property provide legal protection for individuals or business firms.

7. A trademark is a name or symbol registered with the U.S. Patent and Trademark Office

8. A trademark guarantees the owner exclusive rights for three years.

9. It can be renewed as many times as the owner wishes.

10. Patents can be renewed.

 

IV. Answer the questions:

 

1. What can be considered property?

2. What is property?

3. What is real property?

4. What is tangible property?

5. What types of property do you know?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  Intangible personal property is that shown by documents or other written instruments, a such as houses, buildings, and parking lots.
  Tangible personal property means physical items b is considered property.
  Real property is real estate, land, and anything permanently attached to it, c such as checks, money orders, receipts, stocks, and bonds.
  Property is something for which a person or business entity d such as a store's inventory of goods, equipment, and automobiles.
  Anything that can be owned e has unrestricted right of possession or use.

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 61. MOBILITY BETWEEN NATIONS

 

I. Read and memorize the following words and word combinations:

 

To migrate. – мігрувати, loss – втрата, an increase – приріст, to retire – звільнятися, to invoke – благати, slavery – рабство, brain drain – масова еміграція освічених людей, human capital flight – відтік людського капіталу.

II. Listen to the text:

Mobility between Nations

Educated individuals often migrate from poor countries to rich countries seeking opportunity. This movement has positive effects for both countries: capital-rich countries gain an influx in labour, and labour rich countries receive capital when migrants send checks home. The loss of labour in the old country also increases the wage rate for those who do not emigrate. When workers migrate, their early care and education generally benefit the country where they move to work. And, when they have health problems or retire, their care and retirement pension will typically be paid in the new country.

African nations have invoked this argument with respect to slavery, other colonized peoples have invoked it with respect to the “brain drain” or “human capital flight” which occurs when the most talented individuals (those with the most individual capital) depart for education or opportunity to the colonizing country (historically, Britain, France and the USA). Even in Canada and other developed nations, the loss of human capital is considered a problem that can only be offset by further draws on the human capital of poorer nations via immigration. The economic impact of immigration to Canada is generally considered to be positive.

The rights and freedom of individuals to travel and opportunity, despite some historical exceptions such as the Soviet bloc and its "Iron Curtain", seem to consistently transcend the countries in which they are educated. One must also remember that the ability to have mobility with regards to where people want to move and work is a part of their human capital. Being able to move from one area to the next is ability and a benefit of having human capital. To restrict people from doing so would be to inherently lower their human capital.

III. Agree or disagree with the statements:

 

1. Educated individuals often migrate from rich countries to poor countries.

2. This movement has positive effects for both capital-rich countries and labor-rich countries.

3. When workers migrate, their early care and education generally benefit the country where they move to work.

4. When workers have health problems or retire, their care and retirement pension will typically be paid in the former country.

5. “Brain drain” means that the most talented individuals depart for education or opportunity to another country.

6. The economic impact of immigration to any country is generally considered to be negative.

7. The ability to have mobility with regards to where people want to move and work is a part of their human capital.

8. Being able to move from one area to the next is a necessity and a duty.

9. To restrict people from doing so would be to inherently lower their human capital.

10. Educated individuals often migrate from one country to another seeking opportunity.

 

IV. Answer the questions:

1. What is mobility between nations?

2. Why do educated individuals migrate?

3. What terms can be used to name mobility between nations?

4. Is mobility between nations good or bad phenomena to your mind?

5. Is there mobility between nations in your country?

V. Match the first part of the sentence (1-5) with the second one (a-e).

  Being able to move from one area to the next a to rich countries seeking opportunity.
  The ability to have mobility with regards to where people want to move and work b the wage rate for those who do not emigrate.
  Educated individuals often migrate from poor countries c is ability and a benefit of having human capital.
  When workers migrate, their early care and education d is a part of their human capital.
  The loss of labour in the old country also increases e generally benefit the country where they move to work.

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

TEXT 62. CLASSIFICATION OF INTERNATIONAL LAW

I. Read and memorize the following words and word combinations:

To employ – наймати, to fail – зазнавати невдачі, tension – напруженість, to enforce – примушувати, internal – внутрішній, to grant – дарувати.

II. Listen to the text:

Classification of International Law

There are two main kinds of international law: private and public. The private law concerns the role of foreign laws within a particular country. For example, if an Englishman wants to sell property he owns in France to another Englishman, any English court must consider French Law. Public international law, on the other hand, deals with relations between states.

A typical problem in public international law would be an examination of the circumstances in which State A was entitled to employ force against State B. Public international law is generally thought to have developed in Western Europe in the 16-th and 17-th centuries as the autonomous secular state became the basic political unit. International law or the law of nations, as it was then described, developed in order to provide basic rules adequate to regulate relations between nations.

Most international law was created in the twenties century. The Leaguer of Nations was set up after World War I to regulate disputes between nations. However, it failed to stop the tension that led to World War II, partly because some powerful countries did not join (U.S.) and others left when they disagreed with its decisions (Germany, Japan).

There are some important differences between international laws and those created inside individual states. Domestic laws are passed by legislative bodies, most of which have some popular political support. International Laws, on the other hand, are created by agreements among governments. Enforcement of international law is also different. Many international agreements are not binding – for example, UN General Resolution.

 

III. Agree or disagree with the statements:

 

1. There are two main kinds of international law?

2. Private international law concerns the role of foreign laws within a particular country.

3. Public international law deals with relations between states.

4. Public international law had developed in Eastern Europe in the 18-th century.

5. International law was developed in order to provide basic rules to regulate relations between individuals.

6. Most international law was created in the nineteenth century.

7. The League of Nations was set up after World War II.

8. The League of Nations had stopped the tension that led to World War II.

9. International laws are created by agreements among governments.

10. Many international agreements are not binding.

 

IV. Answer the questions:

 

1. What are the main kinds of international law?

2. What is the relationship between public international and private international law?

3. When did the need for private international law arise?

4. What organization was set up specially for the purpose of settling disputes between nations? When did it happen?

5. Why did this organization fail to prevent World War II?

 

V. Match the first part of the sentence (1-5) with the second one (a-e).

  Domestic laws are passed by legislative bodies, a deals with relations between states.
  Public international law b within a particular country.
  The private law concerns the role of foreign laws c most of which have some popular political support.
  International law provides basic rules d private and public.
  There are two main kinds of international law: e to regulate relations between nations.

 

VI. Make up a plan of the text.

VII. Retell the text in a written form (in English or Ukrainian).

 

TEXT 63. HUMAN RIGHTS AND UKRAINE

I. Read and memorize the following words and word combinations:

Human dignity –людська гідність, to ratify – ратифікувати, inviolability – непорушність (недоторканність), privacy of correspondence – таємниця листування, conclusion – завершення, former – колишній, to distinguish –відрізняти, stateless person – особа без громадянства.

II. Listen to the text:


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Читайте в этой же книге: V. Match the first part of the sentence (1-5) with the second one (a-e). | VI. Make up a plan of the text. | V. Match the first part of the sentence (1-5) with the second one (a-e). | TEXT 24. YAROSLAV THE WISE |
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