Иностранный язык в сфере юриспруденции (1-1) ИМЦ • _______ the cold, I would go down. • Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text: • PRETRIALSTAGE. • A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare. • BURDEN OF PROOF. • At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses. • THE ORDER OF PROCEEDINGS. • The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt. • EVIDENCE. • Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues. • APPEALS. • The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations. • A successful criminal prosecution requires … • Neil isn’t happy with his life. If he ________ to his mother’s advice, he ________ at school and gone to university. He _____ a good job if he had got a degree. Heil hates the job he is doing now. He thinks _______ crazy if he ________ there much longer. If he _____ offered another job, he would take it immediately. In fact, he_____ if he _______ afford to, but he can’t. Life ____ easier if he _______ two children to support. • What crimes can’t be referred to those ones which have been appeared recently? • I wish I ________ round the world. • Mary is staying with them. I think it ________ a good thing if you ________ her. • A person may be arrested if there … • Я не могу вспомнить его адрес. – Неужели ты даже улицу не помнишь? • There’s no cake left. The children ______ it all, ______ they? • We shouldn’t worry. _____ Mother is very old now but she ____ to look after the house. • The late John Brown left all his money to the Cats’ Home. He ___- out of the mind. • We’ll have to go to the cinema to-night. Mary ____ to have telephoned the theatre to book seats, but she didn’t do it. • Mr. Black _____ three days to finish the job before he _______. • His place in history is secure. He _____ long after his enemies _____ . • If John had set the alarm clock, he _____ in time for his train. But he didn’t. • Members of our public _____ get on the bus before it stops. • You ____ to them because I sent them a telegram. • “I’m sure,” said Holmes, “he ____ through the door. The window doesn’t open.” • I don’t know ____ . They_______ about it. • Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The UK is a multi-party system and it is sometimes called “ a two-and-a-half party system” __________.. • I’m sorry you didn’t sleep well. I ___ you ____ a ghost in that room. • They both looked around them as if they _____ afraid that they ____ . • In RF Military Forces cannot be used outside the country without the approval of … • The room looked as if it _____ for years. • (Task to the text P.123) the country which was running half of the world during several centuries. • Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The Executive power is exercised by________ . • Yuri Gagarin’s was a dangerous flight. He _______ . • George has just telephoned to say h missed ______ last train. He ______ to stay in town for the night. • Where is Peter? - He ______ to have arrived on the ten o’clock train. • moment you ____ something you want something else. • She had style. He knew, too, that the fur coat she wore ____ her husband quite money. • It was an accident that ____ happened to anybody. • What is the highest executive power in the United States? • I have ____ here; I’m on duty. But you ____ wait; you’re free to go whenever you like. • He was a real drunkard. The Chief secretary told him he ______ to resign if he _______ stop drinking. • All cases _________with goods, property, debt repayment, breach of contract are subject to Civil Procedure law. • Which is wrong regarding “tort”? • _________ national legal systems scholars also define legal families and groups of legal families. • What party system does the United States have? • “Those shoes aren’t at all comfortable.” • “You shouldn’t _____ them.” • The boss ______ to be retiring soon. • Неужели никто не заметил, как он сделал это? • What’s the right transcription of the word” What’s the right transcription of the word “juror”? • You _____ walk on the grass. • “We’ll need some cola for the party.” • “I _____ some.” • Where’s Mary? She _____ be here by now. • What’s the right transcription of the word “judicial”? • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • What do the solicitors do most of their working time? • But for her spelling she _________ an excellent mark for her composition. • A release from prison, before a sentence is finished, that depends on the person ‚keeping clean‘ and doing what he or she is supposed to do while out. If the person fails to meet the conditions, the rest of the sentence must be served • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • Who has specialist knowledge of the law and so is often called on to give legal advice? • You _______ go home soon. It’s getting late. • “Have you ever met a famous person?” • “Yes, I ----- Maria Callas once.” • Read the text “English Criminal Law” and choose the right variant according to the text: • A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse. • “malice aforethought” means • You want to go on holiday but you can’t afford it. You say: ”I wish I ______ to go on holiday.” • While _________ a client, a lawyer should always be efficient and professional. • If I _________ it was to be like this, I _______ . • Read the text “English Criminal Law” and choose the right variant according to the text: • A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse. • Choose the right explanation to the word “manslaughter”: • What does actus reus refer to? • “You look slimmer.” “Yes, I ___- 12 kilos”. • The children _______ to wait quietly for their teacher. • _______ that he was a great athlete when he was young. • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • Who can be a member of jury? • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • Solicitors wear very special clothes in the courts, don’t they? • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • What does the word “sentence” in the last sentence mean? • Choose among the crimes given below that one which has appeared long before • Тебе бы надо было выбрать более подходящий момент, чтобы сообщить мне эту ужасную новость. • Read the text “English Criminal Law” and choose the right variant according to the text: • A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse. • Is the doctrine of mens rea very essential in statutory crimes? • it wouldn’t have been a bad paper ________ the spelling. • Read the text about judicial profession in England and answer the questions to the text: • In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence. • a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court • The United Kingdom is_________ . • Он, возможно не заметил вас в толпе. • The dinner ________ if you ________ the dish in the oven. • What has kept society together? • Generally, ___________ can include monetary compensation and restraining orders. • ______ help you with the shopping, Dad? • “What’s wrong with Lynda?” • “She _____ problems at work lately.” • The first stage of a Bill’s passage through the House of Commons is usually • Choose the right translation of « наличие более веских доказательств»