Контрольные работы по английскому языку (для студентов 2 курса заочного отделения юридического факультета)

Министерство образования и науки Российской Федерации Омский государственный университет им. Ф.М. Достоевского

Рекомендованы редакционно-издательским советом ОмГУ

Контрольные работы по английскому языку (для студентов 2 курса заочного отделения юридического факультета) / Сост. С.Д. Оськина. – Омск: Изд-во ОмГУ, 2005. – 31 с.

Контрольные работы по английскому языку (для студентов 2 курса заочного отделения юридического факультета)

Изд-во ОмГУ

© Омский госуниверситет, 2005

Омск 2005 2

3) The witness is supposed to recognize the criminal. 4) On hearing the verdict the accused felt his heart beat with joy. 5) Everyone wished the judge to start proceeding as soon as pos-

Контрольная работа № 3 Для выполнения контрольной работы № 3 необходимо изучить следующие разделы грамматики английского языка. 1. Неличные формы глагола. 1.1. Инфинитив (Infinitive), инфинитивные конструкции (Complex Object, Complex Subject). 1.2. Герундий (Gerund), герундиальный оборот. 1.3. Причастие (P I, P II), причастные конструкции. Вариант I I. Перепишите и переведите предложения, подчеркните инфинитив и определите его форму. Образец выполнения: The case was to be considered as soon as possible. Дело должно было быть рассмотрено как можно скорее. to be considered – Non Perfect Passive 1) To save him was impossible. 2) The first practical result in this branch of law is known to have been achieved even in the Roman Empire. 3) About 40 students were thrown into prison to be charged with various offences. 4) The barrister was glad to present this man at the trial. II. Переведите предложения, обращая внимание на объектный (Complex Object) и субъектный (Complex Subject) инфинитивные обороты, подчеркните инфинитивные конструкции. Образец выполнения: The accused wanted his case to be tried with a jury. Обвиняемый хотел, чтобы его дело рассматривалось присяжными. 1) The bank robbers made the cashier show them how to open the safe.

sible. III. Употребите нужную форму герундия. Образец выполнения: After (to consider) the case was defined as one of the most difficult. After having been considered the case was defined as one of the most difficult. После того как дело было рассмотрено, его признали одним из самых сложных. 1) After the accident the injured man recovered consciousness in hospital, he remembered (cross) the road, but he didn’t remember (to knock down). 2) They lived in a small town for ten years and then moved without (to make) friends with any of their neighbours. 3) The juvenile was found guilty of (to commit) a murder. IV. Перепишите предложения, подчеркните в них самостоятельный герундиальный оборот, переведите их. Образец выполнения: The boy was afraid of his being punished. Мальчик боялся, что его накажут. 1) We were against Mr Bond’s going to London. 2) Would you mind my beginning this proceeding? 3) The boys were punished for their having broken the window. V. Перепишите и переведите предложения, определите причастие I (Participal I) и причастие II (Participal II), обратите внимание на перевод причастных конструкций. Образец выполнения: The investigator wants Miss Evan’s evidence given in court.

2) The trial is unlikely to be held next week. 3

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Следователь хочет, чтобы показания мисс Эванс были представлены в суде. given – participal II в конструкции Copmplex Object. 1) The stolen car was found in the woods. 2) I thought I saw something moving along the track. 3) The injured woman was put into an ambulance. 4) He was watched examining the scene of crime. 5) I want this evidence taken into consideration. VI. Работа с текстом. 1) Прочитайте текст и сделайте письменный перевод. A trial. A trial may be defined broadly and comprehensively as a judicial examination of the issues between the parties. Although some variations may exist, trials are usually held before a judge sitting alone, a referee, or a judge and jury. The counsels for the prosecution and for the defence make opening statements to the jury, outlining what each sees as the nature of the case and what each hopes to prove as the trial proceeds. Next, the counsel for the prosecution presents his case by calling witnesses, questioning them, and permitting them to be cross-examined by the counsel for the defence. The counsel for each side then makes a closing argument to the jury, summarizing the evidence in a light most favourable to their respective clients. The function of the jury is to determine the facts of the case, whereas the function of the judge is to determine the applicable law and to oversee the parties’ presentation of the facts to the court. After the judge has instructed the jury on the applicable law, the jury will retire to deliberate in private until it reaches a just verdict, which will then be announced in open court. The verdict of a jury terminates the trial. In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial. 2) Определите, соответствуют ли данные предложения содержанию текста, помечая их TRUE или FALSE: 1. Criminal trials are always held in front of a jury. FALSE 2. A judge may sit alone to hear a legal case. ______ 5

3. At the beginning of the trial both counsels outline their case. ______ 4. The counsel for the defence may cross-examine prosecution witnesses. ______ 5. The function of the jury is to decide the applicable law. ______ 6. The judge may intervene if the counsels on either side fail to observe the court procedures. ______ 7. The judge advises the jury on the law relevant to the case. ______ 8. The jury discusses their verdict in open court. ______ 3) Перечислите участников судебного разбирательства и определите их функции одним предложением. Вариант II I. Перепишите и переведите предложения, подчеркните инфинитив и определите его форму. Образец выполнения: To know law well the student must study hard. Чтобы знать хорошо право, студенты должны много заниматься. To know – Non Perfect Active To study – Non Perfect Active 1) The results to be achieved will be of great practical importance. 2) In order to begin prosecution it is necessary to have evidence establishing the fact of the commission of the crime. 3) To pass a just sentence the court examines all the circumstances of the crime. 4) The solicitor is satisfied to be in preparing the case of theft. II. Переведите предложения, обращая внимание на объектный (Complex object) и субъектный (Complex Subject) инфинитивные обороты, подчеркните инфинитивные конструкции. 6

Образец выполнения: Please let me know your decision as soon as possible. Дайте нам знать о вашем решении как можно скорее. 1) The inspector ordered the prisoner to be questioned. 2) Law is known to protect the interests of the ruling class. 3) He is sure to be discharged. 4) I heard the door of the court hall open. 5) His parents wished him to be discharged. III. Употребите нужную форму герундия, переведите предложения. Образец выполнения: One of the aims of the police is (to eradicate) crime. One of the aims of the police is eradicating crime. Одна из задач полиции состоит в том, чтобы раскрыть преступление. 1) He got into the house by (to climb) through a window without (to see) by anyone. 2) The task of the police was (to find) the thief and (to recover) the stolen property. 3) The boy is suspected of (to commit) a murder. IV. Перепишите предложения, подчеркните в них самостоятельный герундиальный оборот, переведите их. Образец выполнения: She seemed sorry for her being rude to me. Она казалась расстроенной из-за того, что была груба со мною. 1) Do you mind our being present? 2) I am used to their calling on me every day. 3) I know of his having been persecuted for his beliefs. V. Перепишите и переведите предложения, обратите внимание на перевод причастных конструкций. 7

Образец выполнения: The results achieved depended on the methods used. Достигнутые результаты зависели от применяемых методов. Achieved – Participle II Used – Participle II 1) The witness summoned to the court has been questioned by the judge. 2) Mike saw him standing in the doorway. 3) I heard the news being mentioned. 4) The student didn’t hear the question be repeated. 5) The thief tried to open my locked cabinet. VI. Работа с текстом. 1) Перепишите и переведите письменно текст. Judicial branch in Great Britain British law is divided into two parts – civil and criminal. There are also two types of courts – dealing with civil jurisdiction and the other, with criminal jurisdiction. The law of Britain distinguishes offences into main categories: a) indictable offences and b) non-indictable offences. Indictable offences are the more serious crimes, which must be tried before a jury. Non-indictable offences are all the rest and they are tried by the Magistrates’ Court. However, nowadays there are many offences which may either be treated on indictment by a jury or by a Magistrates’ Court. When a person is brought before the Magistrates’ Court charged with one of the overlapping offences, the court may in many cases treat the charge as being for a non-indictable offence. The principal courts of ordinary criminal jurisdiction in England and Wales include: a) Magistrates’ Courts, which try the less serious offences and conduct preliminary inquiries into the more serious offences. They are presided over by Justices of the Peace; b) Quarter Sessions which take place at least four times a year. They deal with more serious offences and are presided over either by a

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legally qualified chairman with a group of magistrates or by a single lawyer; c) Assizes which are branches of the High Court and are presided over by High Court Judges. They deal with the most serious offences and cases presenting special difficulties. 2) Определите предложения, которые соответствуют содержанию текста, обозначьте эти предложения TRUE или FALSE. 1. There are two types of courts in this country. TRUE 2. The High Court is presided over by Justices of Peace. ______ 3. The principle courts of ordinary criminal jurisdiction include Quarter Sessions, Magistrates’Courts and Assizes. _______ 4. Assizes are branches of the Magistrates’Courts. _______ 5. Indictable offences are the more serious crimes. _______ 6. Magistrates’Courts try the less serious offences. _______ 7. Non-indictable offences are tried by the High Court. _______ 8. Indictable offences must be tried before a jury. _______ 3) Составьте схему судебной системы Англии, исходя из содержания текста. Ответьте на следующие вопросы: 1. How is British law divided? 2. Which crimes are the more serious? 3. How often do Quarter Sessions take place? 4. What branches of the High Court are presided over by High Court Judges?

Контрольная работа № 4 Для правильного выполнения контрольной работы № 4 необходимо изучить следующие разделы грамматики английского языка: 1. Наклонение (The Mood), употребление форм выражения нереальности/проблематичности (сослагательное наклонение – The Subjunctive Mood). 2. Типы условных предложений (The Conditionals). I вариант I. Перепишите и переведите предложения, определите тип условия. Образец выполнения: If offenders are under 14 they are not sentenced to imprisonment. I тип. Если правонарушителям нет 14 лет, их не приговаривают к тюремному заключению. If you ask her she will help you. I тип. Если вы ее попросите, она вам поможет. 1) If this man had not violated the law he would not have been sentenced to imprisonment. 2) Were the offender under 14 he would be tried by a juvenile court. 3) If you sit down, I’ll make enquiries for you. II. Перепишите и переведите предложения, подчеркните в каждом глагол в сослагательном наклонении. Образец выполнения: Universal and complete disarmament would exclude war from the life of society. Всеобщее и полное разоружение исключило бы войну из жизни общества.

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1) Unnecessary punishment would be both irresponsible and harmful to society. 2) I wish the interrogation were over. 3) They treat him as if he were a criminal. 4) If I were you, I wouldn’t consent to it.

IV. Просмотрите текст, выпишите все неличные формы глагола и определите их функции, заполните таблицу:

III. Прочитайте и устно переведите текст. Письменно переведите 1, 4 разделы.

Подлежащее Составная часть сказуемого Определение Дополнение Обстоятельство

Shop-lifting 1. My ideas of shop-lifting were bound up with teenage memories of nicking packets of chewing gum from the local newagents. A lot of guilt and not much loot. After a few conversations with professional shop-lifters, I realized that “blatant” was just about right. 2. Nobody took a couple of ties: they took the whole rack. The first member of the gang would walk in nice and purposefully. Their job was to set up the goods: perhaps put an elastic band round the ends of a few dozen silk scarves; move the valuable pieces of jewellery nearer the edge of the counter; slide the ties on the rack into a compact bunch. Then, while somebody else diverts the assistant or provides some sort of masking, the third member lifts the lot. 3. If the walk to the door is a little long, then there may be someone else to take over for the last stretch. No one is in possession for more than a few seconds, and there’s always a couple of spare bodies to obstruct anyone who seems to be getting too near the carrier. Store detectives who move forward with well-founded suspicions may still find themselves clutching empty air. 4. Store detectives watch for three main give-aways: any sort of loitering which looks different from the usual handing around and dithering that characterizes the real customer; any covert contact between individuals who’ve shown no other sign of knowing each other; any over-friendliness towards sales staff which might be acting as a distraction. “There’s one other little angel,’’ said one detective. “I often pop round the back stairs; that’s where you’ll occasionally find one of them; trying to relax and get themselves in the right mood before starting the next job.”

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Функции

Инфинитив (The Infinitive)

Герундий (The Gerund)

Причастия (The Participles) PI P II

V. Answer the following questions: 1) When did shop-lifting become widespread? 2) What made stealing from a shop or a supermarket so temping? 3) What shop-lifting techniques are mentioned in the text? 4) How well have security measures worked? 5) Is shop-lifting a common crime in your country? VI. Переведите следующие слова и словосочетания: shop-lifting a lot of guilt store detectives suspicion a member of the gang security measures to divert the assistant VII. Grammar Review. Put the verbs in brackets into correct form: gerund or infinitive (active or passive). Translate this text in written form. Offenders sent to Island in the sun Thirteen young offenders from London are being sent (spend) a year on a Caribbean island in an experiment aimed at (combat) crime. 12

The young people – aged 15–17 – are trained in Denmark for six years before (go) to the West Indian island of St. Vincent (live) in a small communal farm at the foot of a volcano. The school is run by a Danish co-operative which specializes in (provide) challenges for difficult young people (build) up their confidence with adults. The two London boroughs whose social services departments are responsible for (introduce) the scheme say they are sending the young people so they can (learn) (face) up to challenges which they have no opportunity of (meet) on the streets of the capital. Other London boroughs are showing an interest in (adopt) the scheme, particularly as it works out cheaper than (keep) young offenders in homes in London. II вариант I. Перепишите и переведите предложения, определите тип условия. Образец выполнения: If someone rings my doorbell at 3 a.m., I’ll be very unwilling to open the door. Если кто-нибудь позвонит в дверь в 3 часа утра, у меня не будет никакого желания открывать ее. – I тип 1) Criminality would have been liquidated long ago if all people observed the laws. 2) If there were no bad people, there would be no good lawyers. 3) If I come across two men fighting with knives, I’ll call the police. II. Перепишите и переведите предложения, подчеркните в каждом глагол в сослагательном наклонении. Образец выполнения: Had I known this I should have passed the exam. Если бы я знал это, я бы сдал экзамен. 1) If the witness were not ill, he would be present at the trial. 2) A little care would have prevented the accident. 13

3) I wish you had consulted this lawyer. 4) I felt as though I were making a bad joke. III. Прочитайте и устно переведите текст. Письменно переведите 2, 3, 7 разделы. Common traffic errors 1. The most common traffic errors are thought to be ignoring stop signs, crossing the center line, and ignoring traffic lights. But statistics show that in actual fact the number one driving error is failure to signal properly. This seems inconceivable now that most cars are equipped with fingertip turn signals. Yet lots of drivers do not switch on their turn signal when they should or do not turn them off at the proper time. 2. Today’s traffic demands the use of turn signals to announce any intent to deviate from a straight-down-the-highway course, whether by turning, by passing (or overtaking) another car, or merely by changing lanes. And for any maneuver other than a sharp turn, it is necessary to turn the signal off manually. 3. The number two driving error is failure to dim one’s lights upon meeting and when following another vehicle. Either failure can blind a driver. Even if you are on a divided highway, it is necessary to dim for oncoming vehicles. 4. Close following is number three. It is indeed a major cause of serious accidents, especially on expressways. Truck drivers grind their teeth when they become aware of a passenger car hovering close to their rear end they have seen enough “run under” wrecks. 5. Number four is failure to pass a slow moving car, when a driver is forced to pull up behind a slow-moving car, which itself is following a vehicle going at the same speed. There isn’t room for the third to overtake both cars though the car immediately ahead of him could easily pass the vehicle ahead of it. So the moral blame for any resulting accident rests with the second car in the line. 6. Excessive speed is number five. High speed is a widely advertised “killer on our highways.” Traffic experts say it is involved in 37 percent of fatal accidents. But professional drivers who habitually move at 40 to 60 m.p.h. say that the question of speed is overemphasized. 14

7. Some more driving errors include ignoring yellow or solid “do not pass” lines, no taillights, taking drugs to stay awake, daydreaming at the wheel, stopping in a right-hand lane to make a left turn, lane straddling, and moving into the left lane to make a right turn. 8. But one of the most significant points made by the drivers was there ought to be more and better law enforcement. IV. Просмотрите текст, выпишите все неличные формы глагола и определите их функции, заполните таблицу: Функции

Инфинитив Герундий (The Infinitive) (The Gerund)

Причастия (The Participles) PI P II

Подлежащее Составная часть сказуемого Определение Дополнение Обстоятельство

V. Answer the following questions: 1) What signals are most cars equipped with? 2) What does today’s traffic demand? 3) Is it necessary to dim for oncoming vehicles on a divided highway? 4) What does the moral blame for any resulting accident rest with? 5) Make a list of the driving errors mentioned in the text and say how common they are in your country.

killer on the highways fatal accidents to take drugs law enforcement VII. Grammar Review. Put the verbs in brackets into correct form: gerund or infinitive (active or passive). Translate this text in written form. Offenders sent to Island in the sun Thirteen young offenders from London are being sent (spend) a year on a Caribbean island in an experiment aimed at (combat) crime. The young people – aged 15–17 – are trained in Denmark for six years before (go) to the West Indian island of St. Vincent (live) in a small communal farm at the foot of a volcano. The school is run by a Danish co-operative which specializes in (provide) challenges for difficult young people (build) up their confidence with adults. The two London boroughs whose social services departments are responsible for (introduce) the scheme say they are sending the young people so they can (learn) (face) up to challenges which they have no opportunity of (meet) on the streets of the capital. Other London boroughs are showing an interest in (adopt) the scheme, particularly as it works out cheaper than (keep) young offenders in homes in London.

VI. Переведите следующие слова и словосочетания: to be equipped with to pass a car to pass a law a cause of the crime it is failure to pass 15

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ТЕКСТЫ ДЛЯ ДОПОЛНИТЕЛЬНОГО ЧТЕНИЯ English Judicial institutions

magistrate may grant conditional bail – that is, release the suspect provided that he puts up some money as security or agrees to surrender his passport or some similar condition. As the lowest criminal court, a Magistrates Court is empowered to hear certain cases only. Some minor cases, such as parking violations, are dealt with only by the magistrates. Some serious crimes, like murder, cannot be heard by the magistrates and must go to the Crown Courts. And there are some offences where the defendant is given the choice of having his case heard in the Magistrates Court, or the Crown Court. It takes much longer to have a case heard in the Crown Court, but, some defendants prefer it because the facts of the case are decided by a jury, that is, ordinary members of the public. In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who arc selected at random. They are not paid but are given expenses while they are on jury service, which is usually for about two weeks. Service is compulsory, and it cannot normally be avoided without a good reason, such as illness. It is not necessary for a juror to know anything about the law – indeed certain people connected with the world of law, such as solicitors, are not allowed to serve as jurors. This is because the job of the jury is to listen to the case and to decide questions of fact. It is the judge's responsibility to guide them on questions of law. This contrast between law and fact is very important. If a man is on trial for murder, for example, the judge will explain just what the crime of murder means in English law and what the prosecution has to prove. He will explain how the trial will be conducted, summarize the evidence, and tell the jurors what factors they should consider in making their decision. These are questions of law. However, whether the defendant, did in fact commit murder or not is a question of fact, to be decided by the jurors themselves. It is necessary for at least ten of the twelve to agree.

In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of a hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for having a variety of courts. One is that a particular court can specialize in particular kinds of legal actions-for example, family courts and juvenile courts. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court, for reassessment, although the right of appeal usually depends upon the appellant being able to show certain reasons for his dissatisfaction. The decisions of a higher court are binding upon lower courts. At the top of the hierarchy is a supreme lawmaking body, but, the process of taking an action from a lower court to the highest court may be very timeconsuming and costly. English courts We can use the English system as an example of how courts relate to one another. In general, the division between civil and criminal law is reflected in this system. The Crown Courts, for example, deal exclusively with Criminal matters, the County Courts, with civil. However, the Queen's Bench Division of the High Court considers appeals from lower criminal courts, as well as civil matters, and the Magistrates Courts, while mostly concerned with criminal cases, also deal with some civil matters. The highest court, the House of Lords, deals with all matters including appeals from Scottish and Northern Irish courts. A criminal case usually begins in a Magistrates Court. Having arrested someone suspected of committing a crime, the police must decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on the condition that he appears on a certain date at a certain Magistrates Court. This is known as unconditional bail. However, the police may instead take the suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decided that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the

In some countries such as France (where there are nine jurors), the judges and jurors decide the case together. In the United States juries not only decide if the defendant is guilty but sometimes also have a say in what punishment he should receive. Before World War II, Japan

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International comparisons

also had a jury system, but it was often criticized for the ease with which jurors could be bribed. Now Japan, like South Korea, is a rare example of a modem industrialized country where jurors are not used: ill decisions are made by professional judges. Most countries have special rules for young defendants. Children younger ten cannot stand trial at all under English law. Juveniles (those under seventeen) are dealt with in special Magistrates Courts known as Juvenile Courts. A defendant found guilty by the magistrates may appeal against the finding or against the punishment to the local Crown Court, and the own Court judge will hear the appeal without a jury. If a defendant las good reason to believe the magistrates have made a mistake about a point of law, then he may appeal to the Queen's Bench Division of the High Court. The appeal system is mostly for the benefit of the defendant, but, there are cases of the prosecution successfully appealing for a more severe punishment. In Japan it is even possible for the prosecution to appeal that a not-guilty decision be changed to guilty. Appeals from the Crown Court go first to the High Court, and, in special cases, to the Court of Appeal. Occasionally, a case is carried through this system of appeal all the way to the House of Lords. The House of Lords is considered the upper house of the Britishparliament, but its political powers are much more limited than that of the lower house, the House of Commons. Members of the House of Lords are not elected but consist of hereditary peers, peers appointed for life by the government, bishops of the Church of England, and the law lords – peers appointed for life after long service as lawyers. When sitting as a court of appeal it is only the law lords and certain other government-appointed officials who hear cases. Their decisions on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords and then, only by passing an Act of Parliament. In many countries, such as Japan and the United States, the highest judicial decisions are made by a Supreme Court. Its members are appointed from the lower courts by the government. Unlike the British House of Lords, Supreme Courts are entirely concerned with legal matters including the legality of government acts) and have no role in legislation.

Lower courts Apart, from the limited civil functions of Magistrates Courts (for example, prevention of family violence), the lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract and tort disputes, actions regarding claims to land or those regarding the property of a dead person. Cases involving larger amounts of money are heard by one of the divisions of the High Court. The Chancery Division, for example, deals with disputes about trusts, the property of the dead and bankruptcy, among other things. Appeals from the High Court, and most appeals from the County Courts, go to the Court, of Appeal. Some County Courts have authority to grant divorces, but when one of the parties disputes the divorce, it must be transferred to the Family Division of the High Court. In addition to the courts mentioned above, there are numerous special courts which have been established to make decisions in particular types of dispute. For example, special industrial tribunals deal with disputes over contracts and sexual discrimination in employment matters. Restrictions In Britain, as in other nations with democratic systems of government, most court, cases are open to the public. This means that any member of the public may witness a court case, although he does not have the right to speak and may be ordered from the court if he tries to interrupt proceedings. But there are some proceedings which are closed. For example, a judge may order that no member of the public be present in a case where a child is giving evidence of sexual abuse which he or she has suffered. The public is also sometimes excluded if the judge feels that a witness or a member of a jury is being threatened by someone watching the proceedings. There are also restrictions on who may conduct a case in court. In most countries, an ordinary member of the public has the right to present his own case himself. However, although this sometimes happens in lower courts, most people choose to be represented by a professional lawyer, especially in a higher court.

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Federal and State Court Systems of the USA Court Systems illustrates the two separate court systems in the United States – federal and state. Federal courts hear criminal and civil cases involving federal law. They also hear cases involving parties from different states when the amount in dispute is more than $10,000. Federal trial courts are known as U.S. District Courts. If you lose a trial in the U.S. District Court, you may be able to appeal to the U.S. Circuit Court of Appeals in your region. The United States has thirteen circuit courts. The court of final appeal is the U.S. Supreme Court. Most state court systems resemble the federal courts in structure and procedure. All states have trial courts. These are called superior courts, county courts, district courts, or municipal courts, depending on the state. State courts are often specialized to deal with specific areas of law, such as family law, traffic, criminal, probate, and small claims. Family or domestic relations courts hear all actions involving divorce, separation, and child custody. Juvenile cases and intra-family offenses (fights within families) are also heard. Sometimes cases involving juveniles are heard in a special juvenile court. Traffic courts hear all actions involving violations while driving a motor vehicle. Criminal courts hear all cases involving violations of laws for which a person could go to jail. Frequently criminal court is divided between felony and misdemeanor cases. Probate courts handle all cases involving wills and claims against the estates of persons who the with or without a will. Small claims courts hear cases involving small amounts of money (e.g., $200, $500, or $1,000, depending on the state). Individuals may bring cases here without lawyers – though it is sometimes advised that lawyers be present – and the court fees are low. If you lose your case in the trial court, you may appeal to an intermediate court of appeals. In some states, the appeal goes directly to the state supreme court. If a state supreme court decision involves only state law, it can be appealed no further. But if it involves some federal law or constitutional issue, it can then be appealed to the U.S. Supreme Court.

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Federal and State Court Systems U.S. Supreme Court U.S. Circuit Court of Appeals

State Supreme Court (Highest State Court) Appeals

Appeals Intermediate Court of Appeals U.S. District Court (Federal Trials)

Appeals

Federal Cases Municipal or County Court (Local Trials) Local Cases Russian Courts and Their Functions In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts. The court is a state body that administers justice on behalf of the state. 22

There are courts of first instance (original jurisdiction) and second instance (appellate jurisdiction). A court in which a case is first heard is called the court of first instance. A court of original jurisdiction is one which first examines a case in substance and brings in a sentence or decision. Any court, from the district court to the Supreme Court of the state may sit as a court of first instance. In almost all cases it is possible to appeal to higher court for reconsideration of the decision of the original court. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance. The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional. The Supreme Court is the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of ommon courts. It exercises judicial supervision over the activities in the procedural forms envisaged by federal law and provides interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts. The basic judicial body is the district court. District courts try both criminal and civil cases. It is also the duty of the district courts to protect the electorial rights of citizens. The higher courts of constituent entities of the Russian Federation hear and determine cases of major importance. They are courts of appellate jurisdiction. The Supreme Arbitration Court is the highest judicial body for settling economic disputes and other cases examined by courts of arbitration; it exercises judicial supervision over their activities in the procedural forms envisaged by federal law and provides interpretation on issues of court proceedings. In all courts cases are tried in public. The participants in the trial (the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the others) speak in the open court. The accused is guaranteed the right to defend. The press has the right to be present. During the hearing of a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed session is allowed only in exceptional cases. Closed

sessions are only allowed if it is in the interests of both sides or for the necessity to keep state secrets. Trial without participation of both sides is not allowed. The judges are independent and they must obey the law.

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Criminal trials Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which are not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call, the defence or prosecution may suggest that the defendant's mental state renders him or her unfit to be tried. If the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital. Criminal trials are normally in open court and rules of evidence concerned with the proof of facts are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they do not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence. In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a

unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted without corroborated evidence. If the jury returns a verdict of “not guilty”, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a “guilty” verdict, the defendant has a right of appeal to the appropriate court. A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981. People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor's Department, or the police, prison and probation services, and certain sufferers from mental illness. Legal professions The legal profession is one of the most prestigious and well-paid in Britain. England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. There are two main branches, those of solicitors and barristers. Of these, barristers form the senior branch of the legal profession. This division of the legal profession is due mainly to historical causes. Each branch has its own characteristic functions and a separate governing body. This system has been criticised in recent years because of the resulting duplication of services, delay in the legal process and its expense. The Conservative government legislated for substantial changes in the legal profession and in the legal services generally, which are intended to benefit consumers. Solicitors There are nearly 71,640 solicitors (1999), who practise mainly in private firms, but also in local and central government, in legal centres, and in industry. They are a more recent development than barristers, and are now mainly organised by their professional body, the Law So25

ciety. The solicitors' branch is still a middle-class profession, but it is increasingly attracting members from a relatively wide spectrum of society. In order to become a solicitor, it is now generally necessary to have a university degree, preferably but not essentially in law. After passing additional professional examinations organised by the Law Society; the student will serve a practical apprenticeship (articles) with an established solicitor for some two years. After the total period of about six years' education and training, the new solicitor can practise law. A lot of work in English solicitors' firms is undertaken by managing clerks, now called 'legal executives', who are a third type of lawyers. Legal executives now have their own professional and examining body – 'the Institute of Legal Executives'. Solicitors deal with general legal work, though specialisation in one area of the law is now widespread. Their firms (or partnerships of solicitors) offer a wide range of services, such as conveyancing (the buying and selling of property); probate (wills and succession after death); family matters; criminal and civil litigation; commercial cases; and tax and financial affairs. Although people are free to conduct their own cases if they wish so, the client with a legal problem will normally first approach a solicitor, who can usually deal with all aspects of the case. The solicitor in the past was only able to appear for his client in the lower courts (county and magistrates' courts). Because he could not appear (had no rights of audience) in the higher courts, it is usual for a solicitor to hire a barrister if the case was to be heard in a superior court. This practice, which was criticised as expensive and inefficient, is now being changed to allow qualified solicitor-advocates to have rights of audience in the higher courts. Barristers The senior branch of the legal profession in England, Wales and Northern Ireland is a barrister. There are over 9,000 barristers, who have the right to fight a case in the higher courts (Crown courts and the High Courts) in England and Wales. Barristers belong to the Bar, which is an ancient legal institution and which is now controlled by the Bar Council. There are also the four legal societies or Inns of Court in London, they are Gray's Inn, Lincoln's Inn, Middle Temple and the Inner 26

Temple. The four Inns of Court, law colleges, date from the middle ages and have maintained their autonomy and privileges, and been more resistant to attempts at reform than any other British institution. Barristers (professional advocates) have two main functions: first, to give specialised advice on legal matters and, secondly, to act as advocates in the higher courts. Most sections of the general public cannot approach a barrister directly, but must be introduced by a solicitor. In order to become a barrister, one must have a university degree, plus additional professional examinations organised by the Council of Legal Education. He will then become a member of one of the four Inns of Court to complete the training in the law and in the skills required to argue a case in court and pass the Bar examinations. The student must dine in his Inn for a number of terms before being accepted as a barrister or 'called to the Bar'. A newly qualified barrister will then join the 'chambers' of an established barrister and slowly build up experience and reputation as an effective advocate in the higher courts. Barristers are self-employed individuals who practise the law from chambers (or offices), together with other barristers. The barrister career starts as a 'junior' handling minor cases (or briefs). He or she may have difficulty in earning a reasonable living or in becoming established in the early years of practise, with the result that many barristers drop out and enter other fields. However, should the barrister persist and build up a successful practice as a junior, in due course he or she may then become a Queen's Counsel (QC), known within the profession as 'taking silk'. A QC is a senior barrister who can charge higher fees for his work but who is then excluded from appearing in lesser cases. In practice, some successful barristers decide not to take the gamble, but remain as juniors. However, the appointment as a QC may lead to a future position as a judge, and it is regarded as a necessary career step for the ambitious. Judges The judges constitute the judiciary, or the third arm of the constitutional system in the UK. There are a relatively small number of judges of various ages, and they are located in most large cities and in the higher courts in London. As there is no judicial profession in England, all judges are usually appointed from the ranks of senior barristers, although advocates or solicitors have now become eligible for some of 27

the lower positions. Some become circuit judges, of whom there are about 300, assigned to county courts throughout the country. Above these there are about 50 High Court judges who deal with more important or difficult cases around the country, and about 30 other judges, all of whom belong to one of the divisions of the High Court of Justice. The highest appointments are made by the Crown on the advice of the Prime Minister, and lower positions on the advice of the Lord Chancellor. Other appointments of judges are supposedly made on nonpolitical grounds. Once appointed, senior judges cannot be in practice removed from office until the retiring age of 75. It is often argued that judges should be more easily removable from office. But the existing measures have been designed to ensure the independence of the judiciary and its freedom from political involvement. Some people feel judges to be socially and educationally elitist and remote from ordinary life. They are usually safe, conventional people and generally tend to support the accepted wisdom and status quo, and are overwhelmingly male. The judiciary tends to be old in years because judgeships are normally awarded to senior practising lawyers, and there is no career structure that people may join early in life. A lawyer's income will often be greatly reduced on accepting a judgeship, but the honour and added security are supposed to be some compensation. There are promotional steps within the judiciary from recorder to circuit judge to high court judge, and thence to the Court of Appeal and the House of Lords. Administration of the Legal System Responsibility for the administration and management of the English legal system is divided between various government departments and agencies. The Lord Chancellor is the head of the legal system and profession, he selects judges, QCs and magistrates and may preside over the Law Lords if he so wishes. Secondly, he is the presiding officer (Speaker) of the House of Lords, theoretically responsible for discipline in the House. Finally, he is a senior minister (a political appointee of the sitting government), the Cabinet member and the government's chief legal advisor heading a government department, the Lord Chancellor's 28

Department. In this capacity he has overall responsibility for the court system, including the Supreme Court (comprising the Court of Appeal, High Court and Crown Court) and the county courts in England and Wales. He has responsibility for the civil justice process, for promoting general reforms in the civil law and for the legal aid schemes. The Home Secretary has overall responsibility for criminal law, the police service, the probation and after-care service, and for advising the Crown on the exercise of the royal prerogative of mercy. The Attorney General and the Solicitor General are the Government's principal legal advisers, providing advice on a range of legal matters, including proposed legislation. As well as exercising various civil law functions, the Attorney General has final responsibility for enforcing the criminal law. The Solicitor General is the Attorney's deputy. Some administrative functions are performed by senior members of the judiciary: the Lord Chief Justice, for example, who is head of the Queen's Bench Division ranking second only to the Lord Chancellor in the judicial hierarchy, has some responsibilities for the organisation and work of the criminal courts. My future profession I am a third-year student of the State University Law Department. When I entered the University I had a vague idea of what I should do in future. Having studied a lot of legal subjects, such as Theory of Law, State and Law, Criminal and Public Law I could outline the profession I'm engaged in. Now it is obvious to everyone, that in a community such as the one in which we live, some kind of law is necessary because every day of our lives we are restrained and guided by law. It protects us while it restricts us. Sometimes it punishes us. Law can also be defined as a standard of conduct, which regulates the relation of the individual to the central government, the relation of the government to the individual, and the relations among the individuals. If there is a conflict in these relations, the law also provides an institution, the court system, through which the respective sides can litigate a problem and reach a solution. So, the scope of the law necessarily makes it complex, and complexity has created the need for specialists, namely a lawyer, whose work is quite diversified. He may act as the 29

defence counsel in court, he may represent the interests of the plaintiff, the defendant or of third parties in civil criminal cases. The rate at which the legal profession is growing will probably continue. Why is the career in law so popular? Of course, because of the prestige and salary. The average salary of an Experienced lawyer is still substantially greater than that of many other professionals. But that work isn't so interesting as it may seem. In national economy lawyers are entrusted the control on the legality of orders and instructions issued by governing body: they participate in drawing up different agreements and contracts, which are concluded with other enterprises; lawyers also inform workers on the current legislation and give help in legal matters, conduct their cases in courts. In addition to this professional group there are nonprofessional legal counsellors who give advice on various legal problems and are often employed by business firms. In almost all civil-law countries there are notaries, who have exclusive rights to deal with such office work as marriage settlements and wills. All lawyers in our country are incorporated either in the national or regional (territorial) bar. Members of the bar work at legal advisory offices, which function in every town administrative district. „That's what I know about my profession now. And it makes me think that in some years I'll be able to find the job in accordance with the knowledge I get, because our department trains specialists for working in court, Office of Public Prosecutor, Notary, other juridical bodies and also in legal service of national economy. Though Law Department is rather young it has got already a good reputation because of the teaching staff and because of scientifically based curriculum. During our studies at the University we write a lot of scientific papers, analyze special legal literature and try to do our best to be professionals after graduation.

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Учебное издание

Светлана Дмитриевна Оськина

Контрольные работы по английскому языку (для студентов 2 курса заочного отделения юридического факультета)

Технический редактор Н.В. Москвичёва Редактор Л.Ф. Платоненко Подписано в печать 28.02.05. Формат бумаги 60х84 1/16. Печ. л. 1,9. Уч.-изд. л. 2,6. Тираж 150 экз. Заказ . Издательство Омского государственного университета 644077, г. Омск-77, пр. Мира, 55а, госуниверситет

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