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LAW AND JUDICIARY
НАВЧАЛЬНИЙ ПОСІБНИК
ДЛЯ КУРСАНТІВ/СТУДЕНТІВ ЧЕТВЕРТОГО КУРСУ
СПЕЦІАЛЬНОСТІ “ФІЛОЛОГІЯ, ПЕРЕКЛАД”
Харків - 2008
УДК 811.111 (075.8)
Навчальний посібник для занять з практики усного та писемного мовлення за змістовим модулем Law and Judiciary для курсантів/студентів четвертого курсу спеціальності “Філологія, Переклад” із системою мовних, мовленнєвих та комунікативних вправ.
Обговорено та ухвалено
на засіданні кафедри філології та перекладу
Протокол № 3
від 21 жовтня 2008 р.
UNIT 1
I. Read text 2 “To Kill a Mocking Bird” by Harper Lee and practice the pronunciation of the words and phrases to anticipate phonetic mistakes.
Do exercises 1(a,b), 2. p.51, 3.p.52.
II. Study Speech Patterns and Word Combinations of Lesson 2 and do the exercises:
P. 52-54.
III. Read Text 2 “To Kill a Mocking Bird” by Harper Lee, translate it and go behind its linguistic value. Do exercises 14-18 p. 54-56
IV. Run over the essential vocabulary and do exercises 1-8 p. 56-59
CONVERSATIONAL TOPIC
COURT SYSTEM IN THE USA, GREAT BRITAIN AND UKRAINE
Glossary of terms
Crime and offences
| Abuse of power | Wrong or improper use; misuse, a corrupt or improper practice |
| Arson | The malicious burning of another's house or property |
| Assault | An unlawful physical attack upon another; an attempt or offer to do violence to another |
| Blackmail | Any payment extorted by intimidation, as by threats of injurious revelations or accusations. |
| Bribery | The act or practice of giving or accepting money or any other valuable consideration |
| Burglary | The felony of breaking into and entering the house of another at night with intent to steal |
| Homicide | The killing of one human being by another |
| Embezzlement | Diverting (money etc.) fraudulently to one's own use |
| Felony | 1. an offence, as murder or burglary, of graver character than those called misdemeanours, esp. those commonly punished in the U.S. by imprisonment for more than a year. 2. Early Eng. Law. any crime punishable by death or mutilation and forfeiture of lands and goods. |
| Forgery | The crime of falsely making or altering a writing by which the legal rights or obligations of another person are apparently affected |
| Fraud | Deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage |
| House-breaking | Breaking into and entering a house with a felonious intent |
| Kidnapping | To steal, carry off, or abduct by force or fraud, esp. for use as a hostage or to extract ransom |
| Larceny | The wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use |
| Manslaughter | The unlawful killing of a human being without malice aforethought |
| Misdemeanour | A criminal offence defined as less serious than a felony |
| Mugging | An assault or threat of violence upon a person, esp. with intent to rob |
| Murder | The killing of another human being under conditions specifically covered in law |
| Obscenity | (of a publication) tending to deprave or corrupt, the character or quality of being obscene; indecency; lewdness |
| Rape | The unlawful compelling of a woman through physical force or duress to have sexual intercourse, any act of sexual intercourse that is forced upon a person. |
| Robbery | The felonious taking of the property of another from his or her person or in his or her immediate presence, against his or her will, by violence or intimidation |
| Slander | Defamation by oral utterance rather than by writing, pictures |
| Smuggling | Importing or exporting (goods) secretly, in violation of the law, esp. without payment of legal duty |
| Speeding | The act or practice of exceeding the speed limit |
| Theft | The act of stealing; the wrongful taking and carrying away of the personal goods or property of another; larceny |
| Treason | The offence of acting to overthrow one's government or to harm or kill its sovereign |
| Vandalism | Deliberately mischievous or malicious destruction or damage of property |
| White collar crime | A crime committed by office workers |
| Shoplifting | Stealing goods while appearing to shop |
| Hijacking | Seizing a vehicle by force or threat of force |
Criminals
| Accomplice | A person who knowingly helps another in a crime or wrongdoing, often as a subordinate |
| Arsonist | A person who commits arson |
| Burglar | A person who commits burglary |
| Drug pusher | A person who sells illicit drugs |
| Felon | A person who has committed a felony |
| Intruder | A person who intrudes, esp. a trespasser |
| Juvenile delinquent | A minor who cannot be controlled by parental authority and commits antisocial or criminal acts, as vandalism or violence, a child or youth characterised by juvenile delinquency |
| Murderer | A person who commits murder |
| Mugger | A person who mugs, esp. one who assaults a person in order to rob him or her |
| Mob | A criminal gang, esp. one involved in drug trafficking, extortion, etc. |
| Thief | A person who steals, esp. secretly or without open force; one guilty of theft or larceny |
| Robber | A person who robs. |
| Pickpocket | A person who steals money, wallets, etc., from the pockets of people, as in crowded public places |
| Killer | A person or thing that kills |
| Smuggler | A person who imports or exports secretly, esp. Without paying duties |
| Swindler | A person who cheats out of money or other assets |
| Rapist | A person who commits rape |
| Thug | One of a former group of professional robbers and murderers in India who strangled their victims |
| Underworld | The criminal element of human society |
| Tough | A ruffian; rowdy |
Cases
| Lawsuit | A case in a court of law involving a claim, complaint, etc., by one party against another; suit at law |
| Civil case | A trial concerning private rights and not criminal offences |
| Criminal case | A trial concerning criminal offences |
| Framed-up case | A trial of conspiracy to convict an innocent person |
| Minor case | A trial concerning not serious offences |
| Trial | the determination of a person's guilt or innocence by due process of law |
Courts
| Trial court | the court in which a controversy is first adjudicated |
| Common pleas court | 1. (formerly in England) a court to hear civil cases between common citizens. 2. (in some U.S. states) a court with general civil jurisdiction. |
| Municipal and county court | a court whose jurisdiction is confined to a city or municipality, with criminal jurisdiction usually corresponding to that of a police court. |
| Mayors court | a city court presided over by a mayor |
| Court of claims | 1. a court specialised in adjudicating claims against the federal government and its agencies. 2. a special state court specialised in adjudicating claims against the state, its subdivisions, and its agencies. |
| Courts of appeals | (in the U.S. federal court system and some state court systems) an appellate court intermediate between the trial courts and the court of last resort |
| Federal court | a court of a federal government, esp. one established under the Constitution of the United States |
| Supreme court | 1. the highest court of the U.S. 2. (in many states) the highest court of the state. 3. (in some states) a court of general jurisdiction subordinate to an appeals court |
| Magistrates’ court | a court having limited jurisdiction over minor civil and criminal matters, as matters of contract not exceeding a particular amount of money |
| Crown court | A department of the supreme court |
| Juvenile court | a law court having jurisdiction over youths, generally of less than 18 years |
| High court | a superior court |
Courtroom
| The judge’s bench | The place where the judge is in session |
| The jury box | The place where the jury sit |
| The dock | The place in a courtroom where a prisoner is placed during trial |
| The witness’ box/stand | The place occupied by a person giving testimony in a court |
| The public gallery | The place in a courtroom where the audience is placed |
| Defence table | The place in a courtroom where the defendant sits |
Participants
| Plaintiff/claimant | A person who brings suit in a court |
| State | A part that is prosecuting |
| Accused | A person charged with a crime, wrongdoing, fault |
| Defence | The denial or pleading of the defendant in answer to the claim or charge that has been made; the proceedings adopted by a defendant, or the defendant's legal agents, for defending against the charges that have been made; a defendant and his or her counsel |
| Attorney for the defence | The chief law agent of the accused in court |
| Foreman | The member of a jury selected to preside over and speak for all the jurors on the panel |
| A counsel for the defence (UK) | a lawyer, esp. a trial lawyer; counsellor-at-law |
| Lawyer | A person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters |
| Barrister | (in England) a lawyer who is a member of one of the Inns of Court and who has the privilege of pleading in the higher courts |
| Solicitor | (in England and Wales) a member of that branch of the legal profession whose services consist of advising clients, representing them before the lower courts, and preparing cases for barristers to try in the higher courts |
| Magistrate (UK) | a civil officer charged with the administration of the law |
| Prosecutor Prosecution (n) | The public officer in a county, district, or other jurisdiction charged with carrying on the prosecution in criminal proceedings |
| A counsel for the prosecution (UK) | A person instigating prosecution in a criminal proceeding |
| Prosecuting attorney | The public officer in a county, district, or other jurisdiction charged with carrying on the prosecution in criminal proceedings |
| Judge | A public officer authorised to hear and decide cases in a court of law; a magistrate charged with the administration of justice |
| Jury | A group of persons sworn to render a verdict or true answer on a question or questions officially submitted to them |
| Grand jury | A jury, at common law, of 12 to 23 persons, designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant trial |
| Witness | an individual who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness |
| Probation officer | An officer who investigates and reports on the conduct of offenders who are free on probation |
| Bailiff | An officer, similar to a sheriff or a sheriff's deputy, employed to execute writs and processes, make arrests, keep order in the court, etc. |
| Parole Board | The group of people who decides if the person can be released from prison on parole (a promise not to break law) |
Evidence
| Circumstantial | Of pertaining to, or derived from circumstances |
| Indirect | Not descending in a direct line of succession |
| Documentary | Pertaining to, consisting of, or derived from documents |
| Corroborative | Confirmed, certain |
| Cumulative | formed by or resulting from accumulation or the addition of successive parts or elements |
| Oral/written | Oral/written data presented to a court or jury as the proofs |
| Direct | Absolute; exact; consisting exactly of the words originally used |
| Relevant | Bearing upon or connected with the matter in hand; pertinent |
| Material | Formed or consisting of matter; physical; corporeal |
| Incompetent | Being unable or legally unqualified to perform specified acts or to be held legally responsible for such acts; inadmissible, as evidence |
| Admissible | Capable or worthy of being admitted |
| Irrefutable | That cannot be refuted or disproved |
| Presumptive | Based on presumption |
Circumstances
| Aggravating | More severe; intensify, as anything evil, disorderly, or troublesome |
| Circumstantial | of the nature of a circumstance; secondary; incidental |
| Extenuating | Serving to make (a fault, offence, etc.) seem less serious. |
Penalties and sentence
| Arrest | to seize (a person) by legal authority or warrant; take into custody |
| Bail | Property or money given as surety that a person released from custody will return at an appointed time |
| Verdict (guilty\ not guilty) | The finding or answer of a jury given to the court concerning a matter submitted to their judgement |
| Guilty | Having committed an offence, crime, violation, or wrong, esp. Against moral or penal law; justly subject to a certain accusation or penalty; culpable |
| Innocent | Free from legal or specific wrong; guiltless |
| A jail sentence To impose a sentence To sentence smb. to smth. | Confinement in or as if in a prison |
| A penitentiary term | Confinement in prison; pertaining to, or intended for imprisonment, reformatory discipline, or punishment |
| Life imprisonment | A life-time confinement in prison |
| Probation \parole To shock parole\probation To be eligible for parole | A method of dealing with offenders, esp. young persons guilty of minor crimes or first offences, by allowing them to go at large under supervision of a probation officer; the state of having been conditionally released |
| Hard labour | Hard physical work as a kind of punishment |
| Manual labour | Manual work as a kind of punishment |
| Death penalty | Put to death, to kill; execute as a kind of punishment |
| Community service | A punitive sentence that requires a convicted person to perform unpaid work for the community in lieu of imprisonment |
| Fine | A sum of money imposed as a penalty for an offense or dereliction |
| Solitary confinement | The confinement of a prisoner in a cell or other place in which he or she is completely isolated from others |
| Capital punishment | Punishment by death for a crime; death penalty |
| Corporal punishment | Physical punishment, as flogging, inflicted on the body of one convicted of a crime: formerly included the death penalty, sentencing to a term of years, etc. |
Documents
| Subpoena | the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body |
| Complaint | the first pleading of the plaintiff in a civil action, stating the cause of action. |
| Summons | a call or citation by authority to appear before a court or a judicial officer; the writ by which the call is made |
| Warrant | an instrument, issued by a magistrate, authorising an officer to make an arrest, seize property, make a search, or carry a judgement into execution |
| Search warrant | a court order authorising the examination of a dwelling or other private premises by police officials, as for stolen goods |
CLASSification of offences
Because not all crimes are equal, punishments vary; the degree of the seriousness of a crime determines its category, which in turn determines the punishment that can be imposed.
Misdemeanours constitute a minor class of offences that are punishable by a fine (imprisonment for up to one year. e.g. disturbing the peace, reckless driving.) Some states further divide misdemeanours into classes (A,B, etc) based on the level of punishment imposed for the offence.
Petty offences are often considered a subset of misdemeanours and are the lowest classification of crimes (parking tickets, violations of building codes.) Depending on the state law, punishment can be a fine, imprisonment in the country jail or both.
A felony is any crime that is punishable by death or imprisonment in a state or federal penitentiary (prisons for felons) for more than one year. Each state and the federal government further classify felonies into various degrees of harm. Virginia, e.g., has six degrees of felony, classified according to the punishment for each class of felony.
Class 1 - death or life imprisonment
Class 2 – life imprisonment or a sentence of more than 20 years
Class 3 – imprisonment between 5 and 20 years
Class 4 – imprisonment between 2 and 10 years
Class 5 – imprisonment for 1 – 10 years or less in the discretion of the court
Class 6 – imprisonment for 1-5 years or less in the discretion of the court
Whether crimes are first-/second-/sixth- degree felonies depends on the circumstances of each case. Factors that raise or lower the degree of felony are given in the statutes.
a. jaywalking d. murder
b. drunk driving e. disturbing the peace
c. truancy f. theft
3. How do you think these offences are classified in the United States?
LANGUAGE FOCUS
1Put these words and phrases in the correct box:
| Arson, sexual assault, vandalism, kidnapping, car theft, embezzlement, burglary, fraud, rape, murder. |
| Crimes against people | Crimes involving things or property |
Match the words with their definitions.
| a) a fact or object that gives proof or reasons to believe/agree with smth. b) a murder thought about and planned beforehand c) a member of a jury who acts as chairperson d) prosecuting attorney in the UK e) an act forbidden by the state f) the hearing of the case in court g) someone charged in court with committing an offence h) the decision in a criminal trial i) a written order to attend a court j) a written order, allowing the police to take certain action k) money left with a court of law so that a prisoner can be set free until he/she is tried l) the system of allowing certain law-breakers not to go to prison, if they behave well m) the letting out of a prisoner for a limited time, on condition that they return n) a criminal guilty of felony o) a person who helps another person to do wrong |
3.Find the synonyms to the following words:
4.Find the antonyms to the following words:
5.Complete the sentences with the appropriate form of the word.
I. Rob, steal, mug.
1. Captain Blood… the crown jewels from the Tower of London in 1671.
2. “I’ve been!” shouted Lady Marcy when she realized her necklace was missing.
3. Robin Hood … the rich to pay the poor.
4. He … the girl, threatening with a knife.
5. Kate was ashamed of… money from her father’s purse.
II. Fault, blame, guilt.
1. She was tortured by….
2. I will not accept any … whatsoever.
3. People said that the heavy loses were the manager’s…
4. The accident was the other driver’s…
5. The jury acquitted him, because his… was not proved.
III. Lawyer, solicitor, barrister.
1. The … represent the defender in court.
2. It is usual for the… to hire a … to defend the accused.
3. … is the most general word for a person, who advises people about laws.
IV. Manslaughter, homicide, murder.
1. Do you have a fancy for… stories?
2. The woman’s act is a criminal… but it cannot be classified as ….
3. I can’t possibly imagine who can commit…
Match the words in column A with the Words in column B.
A B
Probate case
Framed-up hearing
Probation murder
False court
Witness defender
Public witness
Preliminary officer
Defence attorney
Convicted testimony
Chief chair
Corroborative table
Prosecuting evidence
Put the right preposition after each verb.
He confessed…
8. Find which verbs go with which of the nouns in the ellipse.
pass serve stand be on come to reach return deliver call handle
cross-examine acquit smb.of
hear throw out sit on
try drop bring give accuse smb. of
swear register sustain rule out
investigate sum up
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| Анита Блейк 22,5 | | | Using a dictionary fill in the chart. Make up short sentences with the words. |