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Put the right preposition after each verb.

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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.

 

  1. How are offences classified in your country? Are the classifications similar to those used in the USA?
  2. Classify the following offences according to the system used in your country.

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.

  1. bail
  2. crime
  3. homicide
  4. accused
  5. felon
  6. counsel for the prosecution
  7. parole
  8. evidence
  9. accomplice
  10. foreman
  11. subpoena
  12. probation
  13. trial
  14. warrant
  15. verdict
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:

  1. claimant
  2. a counsel for the defense
  3. larceny
  4. robber
  5. summons
  6. house-breaking
  7. to accuse
  8. killer
  9. tough
  10. intruder

 

4.Find the antonyms to the following words:

  1. relevant
  2. admissible
  3. defense
  4. aggravating
  5. direct
  6. oral evidence
  7. innocent
  8. criminal case
  9. presumptive
  10. state

 

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.

  1. A lawyer who mainly works in the office is called….
  2. The … is trained in the law and in the skills required to argue a case in court.

 

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…

  1. There was neither intent nor malice on her side, so it is…
  2. The “… “ is a formal word for a “murder”.

 

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.

    1. He confessed…
    2. He was accused…
    3. He was charged…
    4. He was convicted…
    5. He was found guilty… white collar crime.
    6. He was sentenced…
    7. He was tried…
    8. He was arrested…
    9. He was suspected…
    10. He was indicted…

 

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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