Vocabulary
| legal document | правовой документ | Legal documents set forth rules governing a particular kind of activity. |
| statute | закон | Protection for the consumer is laid down by statute. |
| bye-law/ ordinance | постановление, указ местных органов власти | There is a city bye-law that says parks must be closed at 11 p.m. |
| bill | законопроект | The House of Representatives passed a new gun-control bill. |
| regulation | указание, приказ, правило | Under the new regulations, all staff must have safety training. |
| directive | директива, инструкция | The EU directive on paternity leave was discussed last year. |
| case | случай, дело в следственном или судебном производстве | We will only pay the lawyers if they win the case. |
| precedent | прецедент | This case will set a legal precedent in the future. |
| common (case) law | общее (прецедентное) право | Case law is based on customs and the decisions judges have made in the past. |
| code | кодекс | Each state in the US has a different criminaland civil code. |
| statute (codified) law | право нормативных актов (кодифицированное право) | Statute law is the whole group of written laws established by a parliament. |
Task1. Match these words with their definitions:
| statute | A | rules issued by a government agency to carry out the intent of the law and generally providing more detail on a subject than the statute | |
| regulations | B | law enacted by a town, city or county government | |
| bye-law | C | draft document before it’s made into law | |
| directive | D | legal advice used by the European Union to establish policies at the European level | |
| bill | E | formal written law enacted by a legislative body | |
| precedent | F | an official decision that can be used to give support to later decisions or actions |
Task 2. Complete the sentences below using these words: directive, ordinance, regulations, statutes, bill.
1. The Town Council will conduct a public hearing regarding a proposed ___ concerning property tax.
2. According to the ___ concerning working time, overtime work is work officially ordered in excess of 40 hours in a working week or in excess of eight hours a day.
3. Early this year, the government introduced a new ___ on electronic commerce to Parliament.
4. A number of changes have been made to the federal ___ governing the seizing of computers and the gathering of electronic evidence.
5. The European Union ___ on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data.
Task 3. Read the text and say whether the statements below the text are true or false.
Case law, or common law, is based on the principle of stare decisis, which means ‘to stand by decisions and not to disturb what is settled’. Actually, it determines that a case may establish a precedent. The written decision of the court becomes a rule that will be followed by the courts in deciding subsequent cases. A precedent might be changed by legislation if the court assumes that it is contrary to public policy.
Stare decisis provides both certainty and predictability to the law, resolving many legal issues especially in the law of contracts. Experts say that case law provides a system, where a businessman may act in a certain way with confidence that his action will have a certain legal effect. But the common law system has some disadvantages. One of them is great quantity of cases and judicial decisions, which is difficult both for lawyers and their clients.
Case law was originally developed in England, and now it’s an important part of the legal systems of many countries, including the USA and India.
Active vocabulary
| stare decisis (лат.) | судебный прецедент |
| not to disturb what is settled | не менять, что уже установлено |
| determine | определять, устанавливать |
| assume | допускать, предполагать |
| contrary to public policy | несоответствующий государственной политике |
| establish | устанавливать |
| in deciding subsequent cases | при решении последующих дел |
| certainty and predictability | точность и предсказуемость |
1. Common law is a system in which legal decisions are based upon previous cases and customs, rather than on detailed written laws.
2. The principles of common law are in codes.
3. A precedent can never be changed.
4. The principle of stare decisis means that each case might become a precedent.
5. We have common law system in Russia.
Branches (bodies) of law
Part I
Vocabulary
| civil law | гражданское право | Lawyers often divide the law and the legal system into two: criminal law and civil law. |
| criminal law | уголовное право |
Task 1. Match these bodies of law (1-3) with their definitions (a-c).
| civil law | A | area of the law which deals with crimes and their punishments, including fines and/or imprisonment (also penal law) | |
| criminal law | B | 1) legal system developed from Roman codified law, established by a state for its regulation; 2) area of the law concerned with non-criminal matters, rights and remedies |
Task 2. Complete the following text contrasting criminal and civil law by choosing words from the list: prosecution, private individual, plaintiff, contract, police, family law, defendant, compensation.
Criminal Law vs. Civil Law
One category is the criminal law– the law dealing with crime. A case is called a 1 ___. The case is instituted by the prosecutor, who takes over the case from the 2 ___ who have already decided to charge the 3 ___ with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of 4 ___ and 5 ___. In a civil case, the 6 ___, normally a 7 ___ or a company, brings an action to win 8 __. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff damages (money).
Part II
Vocabulary
| public law | общественное (публичное) право | Public law governs disputes between citizens and the state. |
| private law | частное право | Private law involves various relationships that people have with each other and the rules that determine their rights and duties among themselves. |
| constitutional law | конституционное право | Constitutional law is that part of the law which relates to the system of government of the country. |
| statutory law | статутное право | Statutory law enacted by the Congress of the USA and federal legislatures must not conflict with the federal Constitution. |
| administrative law | административное право | Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional, political as well as juridical importance |
| family law | семейное право | Family law sees the family a special institution. |
| international law | международное право | Refugees are accorded special protection under international law. |
| case law | прецедентное право | Case law is created by the judicial branches of governments. Case law is usually made after a trial has concluded and one of the parties has appealed the case. |
| rules and regulations | правила и нормативы | The rules and regulations established by an administrative agency generally have the force of law. |
| legislative authorities | законодательная власть | Legislative authorities can nullify a court decision interpreting its statute or rule by abolishing or rewriting the statute or amending the constitution. |
Task 1. Match the following:
| administrative law | A | the legal process that concerns relations among nations | |
| constitutional law | B | a supreme source of law for a government | |
| case law | C | such areas as marriage, divorce, children’s rights are covered by this law | |
| civil law | D | law relating to illegal conduct for which a person may be prosecuted and punished by the State | |
| family law | E | law contained in previous judicial decisions and is based on the principle of “stare decisis” | |
| constitution | F | law enacted by a state or federal legislature | |
| international law | G | law that governs relations between individuals | |
| criminal law | H | law created by administrative agencies | |
| statutory law | I | law that concerns the relationship between the individual and the state |
Task 2. Fill in the gaps in the text with extracts given below.
Consider the following situation:
You decide to buy a radio from a local shop. You pay 1 ___ and take the radio away. You have
entered into 2 ___ of the shop. After two days the radio fails to work. This is 3 ___ and usually a shop-keeper will change the radio or return the money. If not, you may wish 4 ___ to recover your loss. As the law contract is a part of 5 ___ the parties to the action will be you and the owner of the shop.
A to take a legal action
B a contract with an owner
C the correct price
D a common situation
E the civil law
Part III
Vocabulary
| legal | юридический, правовой | Any action which is allowed by law is legal. |
| lawful | правомерный, законный | Lawful means “existing according to law”. |
| legitimate | законный | Legitimate means “accepted by law”. |
Task 1. Fill in the gaps in the sentences using the words from the list above.
- She is the ___ owner of the property.
- The company intends to take ___ action.
- The Crown Prince has a ___ claim to the throne.
- Schooling is a ___ requirement for children over five years old in Britain and the USA.
- ‘Don’t worry! It’s a ___ marriage.’
- ‘I promise you, the deal is strictly ___.
Task 2. Read the following text and decide whether statements below are true (T) or false (F).
Many Europeans admired the British constitution in the eighteenth century. They were impressed by the degree of liberty enjoyed by British subjects and by the growing power and wealth of the British Empire. One admirer of the British constitution was a French philosopher Montesquieu. He liked what he believed to be the ‘mixed’ nature of the constitution, which included the monarchy, aristocracy and democracy. Montesquieu also saw the principle of separation of powers in government, whereby the executive, legislative and judicial powers are independent of each other.
To some extent, however, Montesquieu misinterpreted how the British constitution worked. It was not as ‘mixed’ in its composition as he believed. Both the House of Lords and House of Commons were aristocratic in the eighteenth century.
Moreover, the three branches of government were not fully separated. The monarch through his or her ministers took an active part in the affairs of Parliament. English judges also were considered a part of executive branch.
Active vocabulary
| admire | восхищаться |
| subject | подданный, гражданин |
| separation of power | разделение полномочий |
| executive | исполнительный |
| judicial | судебный |
| misinterpret | ошибочно, неверно истолковывать |
1. The British constitution in the eighteenth century offered a high degree of liberty to British subjects.
2. Many Europeans were impressed by the growing power and wealth of the British Empire.
3. A French philosopher Montesquieu admired the constitution though he misunderstood how it worked.
4. Both the House of Lords and House of Commons were democratic.
5. English judges were considered a part of the legislative branch.
6. The monarch took an active part in the affaires of Parliament through the government.
Legal professions
Vocabulary
| a lawyer | юрист | In Japan, a lawyer must decide whether he wants to take examination to become an attorney, a public prosecutor or a judge. |
| an attorney | юрист, адвокат (США) | |
| a counselor | адвокат (в США и Ирландии) | A counselor is a lawyer (in the USA) who works in a court of law. It can be also used as a title when speaking to a lawyer in court. |
| a barrister | барристер, адвокат, имеющий право выступать в высших судах | In England the decision is between becoming a barrister or a solicitor. Solicitors employ barristers to present interests of their clients. |
| a solicitor | поверенный | |
| a judge | судья | Judges are usually chosen from the most senior barristers. |
| a prosecutor | прокурор, обвинитель | The case is instituted by the prosecutor who takes over the case from the police. |
| a plaintiff a defendant | истец ответчик | In civil cases, generally a plaintiff asks a court to determine whether the defendant has violated the plaintiff’s rights. |
| a witness | свидетель | A witness is someone who was present during the incident and has personal knowledge of the facts. |
| a party | сторона | The party, bringing a suit against the defendant is known as the prosecution. |
| the jury | присяжные заседатели | In criminal cases all members of the jury (traditionally 12) must agree that the defendant is guilty. |
Task 1. Cross the odd word in each line. Explain your choice.
a) an attorney a judge a client a solicitor
b) a court a trial an investigation a criminal
c) a prosecutor a plaintiff a defendant a witness for the prosecution
d) a witness a lawyer an attorney a counselor
e) an attorney a barrister a counselor a prosecutor
Task 2. Several different words can be used to refer to a lawyer. Write the correct word for lawyer in the gaps: a solicitor, a barrister, an attorney, an in-house counselor.
| Anna: | So, what are you two planning to do later, when you’ve completed your degree? |
| Daniel: | Well, right now, I’m planning to become a 1 ___, because I’d really like to plead cases in court. |
| Anna: | You’ve been watching too many of those American films, when the handsome young 2 ___ wins the case against the big, bad corporation! |
| Daniel: | Very funny. I just like the idea of arguing a case. I think it would be exciting. What about you? |
| Anna: | Actually, I’d like to work for a big corporation and advise them on their legal affairs, as 3 ___. I’ve heard the work can be very challenging. What are your plans, Jacob? |
| Jacob: | I’m thinking about becoming a 4 ___. I’m not that interested in pleading cases in court. I’d rather do research and give legal advice – I think that’d suit me better. |
Task 3. Complete the sentences using names of legal professions that suit the definitions.
1. _______ is a lawyer who gives advice to his clients and prepares documents.
2. _______ is a lawyer who is chosen out of barristers.
3. _______ is a lawyer who specializes in presenting cases in court.
4. _______ is a lawyer who employs barrister to argue a case.
5. _______ is a lawyer who is not directly paid by a client.
Task 4. Match the word combinations with their Russian equivalents and use them in the sentences below.
| draft legal documents | A | обеспечивать защиту | |
| represent a plaintiff | B | составлять юридические документы | |
| counsel people | C | предоставлять юридическую помощь | |
| provide defense | D | представлять истца в суде | |
| render legal assistance | E | давать рекомендации |
- If you cannot afford a lawyer, the government must_____ free of charge.
- Solicitors do much of the preparation for cases, they______ when property is bought or sold.
- Different law firms _______ to citizens.
- Mark Johnson, who _______ is a well-known and very experienced lawyer.
- ‘I’d like to _______ rather than do any research work’
Task 5. Read the following CV (curriculum vitae) of a young British lawyer and answer the questions.
| Linus Walker | |
| Date of birth | 12 May 1982 |
| Address | Frejg 17, SE-118 25 Stockholm, Sweden |
| Nationality | British |
| Education | |
| 2005 - present | University of Stockholm, Sweden Master’s Programme in Law and Information Technology |
| 2000 – 2004 | University of Essex, Colchester, United Kingdom LLB (English & French law degree) |
| 2002-2003 | Universite Paris X, Paris France DEUG (French law degree) |
| Legal work experience | |
| June 2004 - February 2005 | European Commission, Brussels, Belgium Legal Assistant within the legal department of the Service Commune Relex |
| Skills and Qualifications | |
| Strong researching and writing skills | |
| Languages: | Native English speaker; fluent in French (written and spoken); upper intermediate Swedish |
| Computing: | Proficient in Word, Windows, email |
| Membership: | The Law Society |
| Interests | Skiing, French history, chess |
| Reference available upon request |
1) Where did he study in 2001?
2) Where did he work in summer 2004?
3) What languages does he speak?
4) Where did he complete his first degree?
5) What was his duty at the European Commission?
6) What is he doing now?