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law
lawful
lawyer
legal
legal action
legal system
legislation
legislature
to obey the law
to break a law
to commit a crime
to enforce a law
valid contract
descriptive law
prescriptive law
consistent law
judiciary
justice
to implement common sense/justice
to create a just society
dispute (n, v)
to settle
to seek legal means of settlement
to challenge a decision
to retain power
to evade/avoid justice / taxes
to negotiate terms
prosecution
to face prosecution
authority
court
tribunal
penalty
a criminal case
a civil case
deliberation
to impose a fine
to sentence
to declare a verdict
finding (n)
unanimous decision
to inherit
to cross examine
Ex. 1. The following words can be used with the prefixes dis-, un-, in-, U-, im- to form their opposites. Write them down using the correct prefix.
formal, reasonably, lawful, legal, fair, valid, dependence, justice, agreement, consistent, written, make, important, ability
Ex. 2. Match the word from A with its best association from B. In some cases more than one variant are possible. Find their Russian equivalents and learn them. Use the phrases in your own sentences.
A | В |
1. law | a) laws of economics |
2. ways | b) crimes |
3. legal | c) the rules |
4. consistent | d) of settling disputes |
5. break | e) a decision |
6. accept | f) courts |
7. commit | g) power |
|
h) any punishment
i)
8. create 9. implement 10. inherit 11. challenge 12. retain |
j) common sense
k) means
l) a just society
m) justice
Ex J. Find an odd word in each group and explain уюиг choice:
1. nobble — cheat — bribe — kidnap
2. lawful —jurisprudence — legitimate — legal
3. corruption — bribery — graft — prize
4. defiance — challenge — disobedience — assault
5. bidding — deal — order — command
6. verdict — decision —judgement — law
7. guarantee — fasten — secure — transfer
Ex 4. Mind the difference between the words LAWFUL and LEGAL. Divide the words which can he used with LAWFUL and LEGAL into two columns and use them in sentences of your own Translate the word combinations into Russian:
LAWFUL — acting within the law. keeping the law; permitted by law; legitimate (adj)
LEGAL — pertaining to law; required by law
1. practice, 2. person, 3. profession, 4. costs, 5. money, 6. trade, 7. decision, 8. advice, 9. authority, 10. obligation. 11. acts, 12. age, 13. ethics, 14. owner, 15. history, 16. wife, 17. procedure, 18. department.
5 Some words form partnershipsFor example, we talk about income tax not revenue tax. Both forms are grammatically correct, but only the first is normally used. Match the verbs on the left with the nouns on the right to make as many partnerships as you can. Remember that some verbs will go with more than one noun Translate the phrases into Russian and learn them.
|
Nouns a) a case b) a market c) a fee d) an interest e) a law |
1. break
2. commit
3. cross examine
4. charge
5. declare
6. enter
7.
0 a crime g) a verdict h) terms i) a witness j) taxes |
8. hear
9. negotiate
10. return
Complete the sentences using the partnerships you have formed You may have to make some changes to fit the grammar of the sentences.
1. You must know that you are when you park on the pavement.
2. The merger will only go ahead if the two companies can__________ they are both
happy with.
3. After two hours of deliberation the jury of not guilty.
4. We are going to______ with a revolutionary new product next month.
5. A good accountant can save you money by finding ways to________.
6. We have _________ for the prosecution, which depends on an unreliable
identification.
7. When she was_______ he contradicted his earlier testimony.
8. I am innocent: I did not______ you accuse me of.
9. During the recent debate on this matter Mr Alien failed to____________: he is a
director of the company bidding for the contract.
10. Most solicitors do not for the first consultation.
Ex. 6. Match the words with their definitions and learn them:
law, morality, court, penalty, agreement, crime, just, property, to cross examine, \alid. citizen, justice [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
behaviour.
12. To examine a witness by a party other than the one who called him to testify.
Ex.7. Match the legal terms with their definitions. Learn them.
authority, court, govern, judge, law enforcement agency, lawyers, legal action, legal system, legislation, rule, the judiciary, tribunal________________________________________________________
1. A body appointed to make a judgement or inquiry.
2. A country’s body of judges.
3. An act or acts passed by a law-making body.
4. Behaviour recognized by a community as binding or enforceable by authority.
5. Legal proceedings.
6. An official body that has authority to try criminals, resolve disputes, make other legal decisions.
7. An organization responsible for enforcing the law, especially the police.
8. A senior official in a court of law.
9. The body or system of rules recognized by a community that are enforceable by established process.
10. The control resulting from following a community’s system of rules;
11. Members of the legal profession.
12. To rule a society and control the behaviour of its members.
Check your knowledge of the above legal terms by completing the following text with them. Make some necessary changes, but use each term once.
Why do we have laws and 1 ’__________? At one level, law can be seen as a type of
2)_______ which is meant to 11_________ behaviour between people. We can find
these rules in nearly all social organizations, such as families and sports clubs.
Law, the body of official rules and regulations, generally found in constitutions
and 41_______. is used to govern a society and to control the behaviour of its
members. In modem societies, a body with M____________, such as a 6)________ or the
legislature, makes the law, and a 1___________, such as the police, makes sure it is
observed.
In addition to enforcement, a body of expert8)___________ is needed to apply the law.
This is the role of n___________, the body of101________ in a particular country. Of
course, legal systems vary between countries, as well as the basis for bringing a
case before a court or n)__________. One thing, however, seems to be true all over the
world — starting a l2)_________ is both expensive and time consuming.
Ex. 8. Insert prepositions where necessary. Translate the sentences into Russian.
1. He was elected________ a unanimous vote.
2. The old man was determined to secure his property__________ his daughter.
3. The jury gave a verdict________ acquittal.
4. He was tried_______ his peers.
L
5. How can I secure myself________ the consequences?
----------- _ l°ng deliberation the jury gave their verdict.
7. They finally got married _______ defiance of the public opinion.
8. It turned out that the paper was________ legal force.
9. The judge made the finding_____ the plaintiff.
Ex. 9. Fill in the missing words in the following passage from the list provided below. Describe how the theory of separation ofpowers is implemented in the UK.
independent, legislature, United States, conform, executive, judicial, three, different, prescriptive, executive, judiciary, administrative, legislature, descriptive, legislative, different, executive
There are n main functions of government. These are the 2)__________,
the '*_______ and the l) _________. The theory of separation of powers states that
these functions should be carried out by 51___________ bodies. The British constitution
does not 6)________ to this theory. The same people are members of the 7'______________
and the M_________ and there are some 9)________ functions which are carried out by
the courts. The distinction is clearer in the constitution of the ll"____________ where the
executive, legislative and judicial roles are performed by ________________ bodies. The
theory is l2)________ rather than __________ of the liberal system of government, an
essential feature of which is that the iJ|______________ should be l5)___________ of the
l6) and the17’
TEXT 1 Read the text. Make notes of its main points. Be ready to discuss them.
Law: a necessary evil?
In the opinion of many people, the law is a necessary evil that should be used only when everyday, informal ways of settling disputes break down. When we buy a train ticket a lawyer may tell us it represents contract with legal obligations, but to most of us it is just a ticket that gets us on the train. If our neiahbor plays loud music late at night, we probably try to discuss the matter with him rather than consulting the police, lawyers or the courts. Only when we are injured in a train accident, or when a neighbor refuses to behave reasonably, do we start thinking about the legal implications of everyday activities.
Even so, some transactions in modem society are so complex that few of us would risk making them without first seeking legal advice; for example, buying or selling a house, setting up a business, or deciding whom to give our property to when we die. In some societies, such as the USA, precise written contracts, lawyers and courts of law have become a part of daily life, whereas in others, such as Japan, lawyers are few and people tend to rely on informal ways of solving disagreements. It is interesting that two industrialized societies should be so different in this respect. On the whole it seems that people all over the world are becoming more and
more accustomed to using legal means to regulate their relations with each other.u tinational companies employ expensive experts to ensure that their contracts are va id wherever they do business. Non-industrialized tribes in South America use lawyers in order to try stop governments from destroying the rainforests in which they live. In the former Soviet republics where law was long regarded as mere у a function of political power, ordinary citizens nowadays challenge the ecisions of their governments in courts of law. And at a time when workers, refugees, commodities and environmental pollution are traveling around the world faster than ever before, there are increasing attempts to internationalize legal standards. When it helps ordinary people to reach just agreements across social, economic and international barriers, law seems to be regarded as a good thing. However, when it involves time and money and highlights people’s inability to cooperate informally, law seems to be an evil — but necessary one that everyone should have a basic knowledge of.
What is law?
Descriptive and prescriptive
The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the rather consistent law of gravity, another is the less consistent laws of economies. 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. They rarely describe how fast we actually do drive, of course.
Social morality, rules and laws
In all societies, relations between people are regulated by prescriptive laws. Some of them are customs — that is, informal rules of social and moral behavior. 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.
Customs need not be made by governments, and they need not be written down. We learn how we are expected to behave in society through the instruction of family and teachers, the advice of friends, and our experiences in dealing with strangers. Sometimes we can break these rules without suffering penalty. But if we continually break the rules, or break a very important one, other members of society may ridicule us, criticize, act violently toward us or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually guided by many such informal rules which have very little to do with laws created by governments.
The rules of social institutions tend to be more formal than customs, carrying precise penalties for those who break them. They are not, however, enforceable by any political authority. Sports clubs, for example, often have detailed rules for their members. But if a member breaks a rule and refuses to accept any punishment, the club may have no power other than to ask him or her to leave the club.
However, when governments make laws for their citizens, they use a system
__
of courts backed by the power of the police to enforce these laws. Of course, there may be instances where the law is not enforced against someone — such as when young children commit crimes, when the police have to concentrate on certain crimes and therefore ignore others, or in countries where there is so much political corruption that certain people are able to escape justice by using their money or influence. But the general nature of the law is that it is enforced equally against all members of the nation.
What motives do governments have in making and enforcing laws? Social control is undoubtedly one purpose. Public laws establish the authority of the government itself, and civil laws provide a framework for interaction among citizens. Without laws, it is argued, there would be anarchy in society.
Another purpose is the implementation of justice. Justice is a concept that most people feel is very important but few are able to define. Sometimes a just decision is simply a decision that people feel is fair. But will we create a just society by simply observing public opinion? If we are always fair majorities, we will often be unfair to minorities.
Many philosophers have proposed concepts of justice that are much more theoretical than everyday notions of fairness. Sometimes laws are simply an attempt to implement common sense. It is obvious to most people that dangerous driving should be punished; that fathers should provide financial support for their children if they desert their families; that a person should be compensated for losses when someone else breaks an agreement with him or her. But in order to be enforced, common sense needs to be defined in law, and when definitions are being written, it becomes clear that common sense is not such a simple matter. Instead, it is a complex skill based upon long observation of many different people in different situations. Laws based upon common sense don’t necessarily look much like common sense when they have been put into words!
In practice, governments are neither institutions solely interested in retaining power, nor clear-thinking bodies implementing justice and common sense. They combine many purposes and inherit many traditions. The laws that they make and enforce reflect this confusion.
The laws made by the government of one country are often very different from the laws of another country. But although there is a growing body of international law — the law today is, to a large extent, a complex of different and relatively independent national systems.
Check your knowledge of the following word combinations by suggesting their English equivalents from the text:
1 руководствоваться здравым смыслом, 2. создавать справедливое общество,
3. урегулировать споры, 4. действующий закон, 5. налагать штраф,
6. уклоняться от уплаты налогов, 7. оспаривать решение, 8. огласить приговор, 9. обсуждать условия, 10. искать законные пути решения проблем,
11. избегать правосудия, 12. приводить закон в исполнение, 13. осуществлять правосудие, 14. удержать власть, 15. судебное преследование, 16. подвергать
свидетеля перекрестному допросу.
9
Answer the questions on the text:
1. 2. 3. 4. 5. |
When is law considered an evil?
Give examples of the growing uses of law throughout the world.
Why are there attempts to internationalize legal standards?
In what cases do people try to challenge the decisions of their governments?
6. Give your own examples of a descriptive law and a prescriptive law. 7. Name four possible influences on a government when it is making a law. 8. What legal institutions do governments use against citizens who violate law? |
TEXT 2 Read the text. Make notes of its main points. Be ready to discuss them.
The nature of law
The law of a particular state is the body of rules designed to regulate human conduct within that state. Broadly speaking there are three types of rule:
1. Rules which forbid certain types of behaviour under threat of penalty.
2. Rules which require people to compensate others whom they injure in certain ways.
3. Rules which specify what must be done to order certain types of human activity, e. g. to form a company, to marry, or to make a will.
Law and Morality
The law which is enforced by the courts must be distinguished from what is sometimes referred to as ‘natural’ or ‘moral’ law. In many cases the rules of law and morality clearly coincide. For example if a person murders another this offends both law and morality. The state will therefore punish the offender.
Sometimes however the rules of law and morality are not the same. The term ‘natural law’ is sometimes used to refer to rules which although not enacted are accepted as part of the legal system. For example, the right of both sides to be heard (or to remain silent), and the principle that an accused person is innocent until proven guilty.
Law and Justice
The basic aim of law is the attainment of justice in society. However in some situations the degree of justice hoped for is not achieved. For example:
a. Compensation for injuries usually depends on proving that someone else is at fault. If a person is injured due to his own fault, or in a ‘pure’ accident where no-one is at fault, he will not receive compensation unless he is insured. This inequality is a result of the rules on negligence liability.
b. The rules regarding mistake and misrepresentation in the formation of a contract often operate to determine which of two innocent parties must bear all of to
Answer the questions on the text:
1. In what circumstances do people seek legal advice?
2. When is law considered an evil?
3. Give examples of the growing uses of law throughout the world.
4. Why are there attempts to internationalize legal standards?
5. In what cases do people try to challenge the decisions of their
governments?
6. Give your own examples of a descriptive law and a prescriptive law.
7. Name four possible influences on a government when it is making a law.
8. What legal institutions do governments use against citizens who violate
law?
9. Give examples of laws implementing common sense.
TEXT 2 Read the text. Make notes of its main points. Be ready to discuss them.
The nature of law
The law of a particular state is the body of rules designed to regulate human conduct within that state. Broadly speaking there are three types of rule:
1. Rules which forbid certain types of behaviour under threat of penalty.
2. Rules which require people to compensate others whom they injure in certain ways.
3. Rules which specify what must be done to order certain types of human activity, e. g. to form a company, to marry, or to make a will.
Law and Morality
The law which is enforced by the courts must be distinguished from what is sometimes referred to as ‘natural’ or ‘moral’ law. In many cases the rules of law and morality clearly coincide. For example if a person murders another this offends both law and morality. The state will therefore punish the offender.
Sometimes however the rules of law and morality are not the same. The term ‘natural law’ is sometimes used to refer to rules which although not enacted are accepted as part of the legal system. For example, the right of both sides to be heard (or to remain silent), and the principle that an accused person is innocent until proven guilty.
Law and Justice
The basic aim of law is the attainment of justice in society. However in some situations the degree of justice hoped for is not achieved. For example:
a. Compensation for injuries usually depends on proving that someone else is at fault. If a person is injured due to his own fault, or in a ‘pure’ accident where no-one is at fault, he will not receive compensation unless he is insured. This inequality is a result of the rules on negligence liability.
b. The rules regarding mistake and misrepresentation in the formation of a contract often operate to determine which of two innocent parties must bear all of
the loss.
с. Sentencing policies applied by magistrates in different areas often result in substantially different sentences for very similar offences.
Conclusion
It would therefore be an oversimplification to say that most people obey the law because it is just, or because it coincides with their view which is morally correct. Law is also closely related to force and authority and these relationships would have to be examined in order to properly explain the intrinsic nature of law, and to find out why most people obey the law.
An alternative to explaining law by reference to its intrinsic nature is to explain it by reference to what it does. In the most general terms law classifies human behaviour. Human beings are capable of an infinite variety of behaviour. Some conduct is clearly acceptable, whereas other conduct is obviously wrong. In between there are numerous examples of human acts or omissions which some people would regard as acceptable, but others would regard as wrong, for example, if a man were to dress in public as a woman. The law can specify with absolute precision some activities that are regarded as unacceptable, for example driving at more than 70 miles per hour, but it would be impossible to list every example of acceptable and unacceptable conduct. Nevertheless if someone does something that is legally challenged by another person or by the State, it will have to be decided whether or not that conduct was acceptable. The legal system will therefore classify any human conduct (even things that no-one has ever done before) into two basic categories i.e. ‘right’ or ‘wrong’ — i.e. in criminal cases a verdict of ‘guilty’ or ‘not guilty’ and in civil cases a finding for the plaintiff or a finding for the defendant. Law is therefore the most ambitious and complex classification system devised by man.
Find the English equivalents of the following phrases in the text:
1. под страхом наказания, 2. естественное право, 3. достижение справедливости в обществе, 4. ответственность за халатность, 5. политика вынесения наказаний, 6. подчиняться закону, 7. то, что оспаривается с точки зрения закона, 8. уголовные дела, 9. гражданские дел, 10. решение в пользу истца.
Complete the line of synonyms with words from the text and learn them:
1. damage, harm, hurt, wound,____________
2. regulate, direct, conduct, rule, govern,___________
3. achievement, accomplishment, implementation,__________
4. damages, payment, reimbursement,____________
5. error, mistake, blunder,___________
6. agree, match, correspond,____________
7. power, right,____________
8. inherent, peculiar,___________
9. judgement, verdict, ruling, sentence,____________
10. invent, work out, develop, create,
Answer the questions on the text:
1. What types of legal rules regulate human conduct?
2. Give examples showing that what is legal is not always moral.
3. Why is justice in society not always attained?
4. Why do most people obey law?
5. What categories is court guided by in bringing a verdict?
Ex. 10. Translate the text into English using legal terms.
ОТЛИЧИТЕЛЬНЫЕ ЧЕРТЫ ПРАВА И МОРАЛИ
1. По происхождению. Нормы морали складываются в обществе на базе представлений людей о добре и зле, чести, совести, справедливости. Они получают обязательное значение по мере осознания и признания их большинством членов общества. Нормы права инсталлируются государством и после вступления в силу становятся обязательными для всех лиц, находящихся в сфере их действий.
2. По форме выражения. Нормы морали не закрепляются в особых актах, они содержатся в сознании людей. Правовые нормы получают выражение в официальных государственных актах - законах, указах, и т.д.
3. По способу охраны от нарушений. Нормы права и морали в правовом обществе в большинстве случаев соблюдаются добровольно на базе понимания людьми справедливости их предписаний. Но реализация моральных норм обеспечивается внутренним убеждением человека, а также общественным мнением. Для правовых же норм этого недостаточно, потому тут используются меры государственного принуждения.
4. По степени детализации. Нормы морали выступают в виде более обобщенных правил поведения. Правовые нормы представляют собой детализированные правила поведения, в которых закрепляются точно определенные юридические права и обязанности участников общественных отношений.
TEXT 3 Match the following headings with one of the articles given below:
1. The right to bear arms.
2. “Three strikes and you are out”.
3. Mums at seventy?
4. The right to die?
5. Legislation of soft drugs?
6. A duty to serve your country?
Freedom of choice?
Perhaps no issue is discussed more often than the rights and freedoms of the individual __________ how far should the state decide what is best for us, and how far
should we have the right to control our own lives? Even in countries where social and political values are very similar, the laws about some of the world’s most controversial issues can be very different.
1. In the Netherlands, the law allows doctors to help terminally ill patients to die if the patient states repeatedly that this is their wish. The doctor must follow very strict guidelines, and must be prepared to defend the decision in court. However, unlike in most other countries, he cannot be prosecuted if he has followed the guidelines correctly. Elsewhere in the world “Voluntary Euthanasia” groups continue to campaign for the right to decide if you no longer wish to live.
2. Recent medical advancements mean that, with special treatment, women ot almost any age can give birth. In most countries, this is only allowed for women up to about fifty, but in Italy until recently there were no laws to limit this, with the result that several women in their sixties have given birth. Some experts remain convinced that women of this age have the same right to have children as women in their forties, provided they are mentally and physically fit.
3. The second amendment of the US Constitution means that every citizen has the right to own and carry a gun if they wish to. In most other western democracies, the law is very different — the ownership of guns is strictly controlled. In Britain following terrible tragedies, all privately owned guns are now banned.
4. In the Netherlands, people are allowed to carry small amounts of “soft” drugs for their own personal use. However, only special cafes licensed by local governments are allowed to sell these drugs. The Dutch government believe that this approach has helped to control the abuse of “hard” drugs, such as heroin. Similar attempts to legalize “soft” drugs in other countries have been opposed by those who believe that this would worsen the drug problem.
5. While some countries rely entirely on a professional army — the USA, Britain and France, for example — in most countries in the world, military service is still compulsory for young men, unless there is some medical reason why they cannot do it. The period varies from country to country: in Poland, Germany and Italy it is a year to eighteen months. In Switzerland it is only a few weeks a year, but it continues until the man is in his mid-forties. In Israel, on the other hand, both men and women must go into the army: men for three years and women for two.
6. The state of California in the USA has recently introduced a law which means that anyone convicted of three offences — however small — is automatically sentenced to between twenty-five years and life in prison. This has meant life sentences for very minor crimes — stealing a pizza in one case. In Europe, some politicians would like to follow the example in the hope of reducing crime.
Find in the above articles the following English equivalents to use them in the
discussion:
[1] A person who is a member of a particular country and who has rights because of being bom there or because of being given rights.
[2] A personal or social set of standards for good or bad behaviour and character, or the quality of being right, honest or acceptable.
[3] Based on truth or reason; able to be accepted; having legal force.
[4] A building where trials and other legal cases happen, or the people present in such a room, esp. the officials and those deciding whether someone is guilty.
[5] Something or a number of things owned by someone, esp. buildings and land.
[6] A rule, usually made by a government, that is used to order the way in which a society behaves, or the whole system of such rules.
[7] The putting of the law into action: or a judge.
[8] A punishment for doing something that is against a law; or a type of punishment, often involving paying money, that is given to you if you break an agreement or do not follow rules.
[9] A decision or arrangement, often formal and written, between two or more groups of people.
[10] Fair, morally correct.
[11] An action which is against the law, or, more generally, bad or unacceptable
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