Эумк по дисциплине «иностранный язык (английский)»для студентов заочной формы обучения специальностей
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- Ex. 1. Match the words with their definitions.
- Ex.2. Make up word combinations by matching the word from A with its best association from B and translate them.
- Ex.3. Think of your own sentences with the following word combinations.
- Ex. 5. Answer the questions.
- Ex.6. Decide if the following statements are True or False.
- Ex. 7. Develop the following sentences.
- Ex. 8.
- List of words. Read and learn the words.
- Ex.1 Match the words with their definitions.
- Ex. 2. Make up word combinations by matching the word from A with its best association from B and translate them.
- Ex.4 Read the text Sources of modern law
- Ex. 4 Answer the questions.
- Ex. 5 Decide if the following statements are True or False.
- Ex.6. Develop the following sentences.
- Ex.7. Make of distinct features of Common law and Continental law.
- Ex. 9. Write down key words, phrases and sentences from each paragraph of the text. Ex.10. Reduce the text to one fifth of its original length giving the most important information.
WHAT IS LAW ?List of words Read and learn the words
Ex. 1. Match the words with their definitions.
Ex.2. Make up word combinations by matching the word from A with its best association from B and translate them.
Ex.3. Think of your own sentences with the following word combinations. To refer to, to be made by the legislature, to distinguish between, to relate to, to be concerned with, to deal with, to prosecute, to give rise to, compensation, injunction, to define, to regulate, liabilities, to establish, to be at risk, to provide, legal safeguards. Ex. 4. Read the text. What is Law? An English word “law” refers to a rule or set of rules, made by the legislature and enforceable by the courts, regulating the government of a state, the relationship between the organs of government and the subjects of the state, and the relationship or conduct of subjects towards each other. The study of law distinguishes between public law and private law, but in general practice in the UK the distinction between civil law and criminal law is more important for practicing lawyers. Public law relates to the state. It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security. Private law is concerned with the relationships between legal persons, that is, individuals and corporations, and includes family law, contract law and property law. Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights, and their duties. It is also concerned with conduct which may give rise to claim by a legal person for compensation or an injunction – an order made by the court. However, each field of law tends to overlap with others. For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation. Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced. Law affects every aspect of our lives and provides the framework within which a successful society can flourish. It sets the terms of our employment, provides protection from harm, establishes compensation for injury and influences our closest relationships with others. Without an operational legal system the most vulnerable members of a society would be at risk. Lawyers and politicians have a joint responsibility to keep the law relevant to the needs of a changing society. There are few areas of human activity more plentifully provided with traditional legal safeguards than commerce. We inherit our business law from numerous past centuries, and a great many of the practices were familiar to generations past. The great gifts of law are social order and predictability. Ex. 5. Answer the questions.
Ex.6. Decide if the following statements are True or False.
Ex. 7. Develop the following sentences.
Ex. 8. Write down key words, phrases and sentences from each paragraph of the text. Ex.9. Reduce the text to one fifth of its original length giving the most important information. Ex.10. Make an outline of the text consisting of 5-8 sentences. Ex.11. Retell the text according to its outline. SOURCES OF MODERN LAW List of words. Read and learn the words.
Ex.1 Match the words with their definitions.
Ex. 2. Make up word combinations by matching the word from A with its best association from B and translate them.
Ex.3. Think of your own sentences with the following word combinations. To become precedents, to be based on, Commonwealth countries, to influence, to prevail, to define, to codify, to apply the law, disputes between individuals, uniform application of the law, gradual development, the doctrine of precedent, to be bound, guilt, innocence, equity, to be dissatisfied, lord chancellor, to be enforced, to fulfill a contract, beneficiary, a breach (breaking) of a contract, a claim, to seek specific performance, monetary compensation, damages, to pursue, equitable claims. Ex.4 Read the text Sources of modern law Each country in the world has its own system of law. There are two main traditions of law in the world. One is based on English Common law and the other is Continental, or Roman law. The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas and Zambia, is based on common law. Continental, or Roman law has developed in most continental Europe, Latin America and in many countries in Asia and Africa. It has also influenced Japan. Common law is a system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the kingdom, as opposed to the custom of local jurisdiction that was applied in local courts. The common law consists of the substantive law and procedural rules that are created by judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts. Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and principle of binding precedent. In practice, this means that decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They will also consider decisions made in a lower court, although they are not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it is to the point – relevant or pertinent. If the essential elements of a case were the same as those of previous recorded cases, then the judge was bound to reach the same decision regarding guilt or innocence. If no precedent could be found, then the judge made a decision based upon existing legal principles, and his decisions would become a precedent for other courts to follow when a similar case arose. The doctrine of precedent is still a central feature of modern common law systems. Courts are bound by the decisions of previous courts unless it can be shown that the facts differ from previous cases. Sometimes governments make new laws—statutes to modify or clarify the common law, or to make rules where none existed before. Continental systems are sometimes known as codified legal systems. They have resulted from attempts by government to produce a set of codes to govern every legal aspect of a citizen’s life. Thus it was necessary for the legislators to speculate quite comprehensively about human behavior rather simply looking at previous cases. In codifying their legal systems, many countries have looked to the examples of Revolutionary and Napoleonic France, whose legislators wanted to break with previous case law, which had often produced corrupt and biased judgments, and to apply new egalitarian social theories to the law. Many countries can be said to have belonged to the Roman tradition long before codifying their laws, and large uncodified or uncodifiable areas of the law still remain. French public law has never been codified, and French courts have produced a great deal of case law in interpreting codes that become out of date because of social change. The clear distinction between legislature and judiciary has weakened in many countries, including Germany, France and Italy, where courts are able to challenge the constitutional legality of a law made by parliament. The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law (continental laws) developed out of the Roman law. The difference between civil law and common law lies not just in the mere fact of codification, but in the methodological approach to codes and statutes. In civil law countries, legislation is seen as the primary source of law. By default, courts thus base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived. By contrast, in the common law system, cases are the primary source of law, while statutes are only seen as invasions into the common law and thus interpreted narrowly. There are other notable differences between the legal methodologies of various civil law countries. For example, it is often said that common law opinions are much longer and contain elaborate reasoning, whereas legal opinions in civil law countries are usually very short and formal in nature. This is in principle true in France, where judges cite only legislation, but not prior case law. There are, however, certain sociological differences. In some Civil law countries judges are trained and promoted separately from attorneys, whereas common law judges are usually selected from reputable attorneys. In the Scandiavian countries judges are attorneys who have applied for the position, whereas France has a specialized graduate school for judges. Ex. 4 Answer the questions.
Ex. 5 Decide if the following statements are True or False.
Ex.6. Develop the following sentences.
Ex.7. Make of distinct features of Common law and Continental law. Ex.8. Compare the features of Common law and Continental law. Find similarities and differences in their duties, using the following connectors: alike similar to dissimilar to both neither…..nor different from Ex. 9. Write down key words, phrases and sentences from each paragraph of the text. Ex.10. Reduce the text to one fifth of its original length giving the most important information.
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