ВОПРОСЫ ДЛЯ КОНТРОЛЯ И САМОКОНТРОЛЯ
Для получения зачета необходимо набрать 70 баллов
I. Тема “Criminal and Civil Law” (см. ниже):
· Зачетное чтение – 5 баллов
· Слова – 10 баллов
· Пересказ по вопросам – 10 баллов
II. Тема “The Legal Profession”(см. ниже)
· Зачетное чтение – 5 баллов
· Слова – 10 баллов
· Пересказ по вопросам – 10 баллов
III. Перевод текста “At the Trial ” (см. ниже) – 10 баллов
IV. Перевод текста “Civil and Criminal Penalties” (см. ниже) – 10 баллов
V. Перевод текста “Legal Education” (см. ниже) – 10 баллов
VI. Грамматика – 10 баллов
· Причастия и герундий (теория и упражнения в отдельном файле)
· Времена группы Perfect (учебник с.71-74) + упр. 1, 2 с.75
· Времена группы Perfect Progressive (учебник с.75-76) + упр. 3 с.77
VII.Выучить список слов (Vocabulary) (см. ниже) – 10 баллов
VIII. Написать эссе объемом 100-120 слов на тему “My Future Profession” или “What legal profession do you consider to be the most important / interesting / difficult?” – 10 баллов
IX. Прочитать “Поэму о произношении” (см. в отдельном файле), допустив не более 10 ошибок. С собой приносить два чистых экземпляра поэмы (один – для чтения, второй – для преподавателя отмечать ошибки). – 50 баллов
ТЕМЫ ДЛЯ РАБОТЫ НА УРОКАХ
CRIMINAL AND CIVIL LAW
1. Criminal law is a category of public law which concerns disputes between citizens and the state, or between one state and another. A crime is an act that violates the law and is punished by the state. Crimes include felonies (more serious offences – like murder or robbery) and misdemeanors (like petty theft or speeding). For each crime there are elements that must be proven: 1) the criminal act and 2) the criminal state of mind of the person when he committed a crime.
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2. Crime has three major categories: crime against person; crime against property and crime against the public order. Crime against person always involves force or threat of force against the body of another (murder, battery, rape, robbery, extortion, kidnapping, etc.). Crimes against property are distinguished by loss of property (theft, embezzlement, false pretenses, forgery, arson, etc.). Crimes against public order include rioting, treason, and most of the “victimless” crimes (prostitution, sale of pornography, drug deals).
3. In most legal systems there is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. There is the rigorous requirement that the prosecution in a criminal case must prove the defendant's guilt beyond a reasonable doubt. The suspect himself need not prove anything, although he will of course help himself if he is able to show evidence of his innocence.
4. In a civil litigation it is necessary to prove a case by a preponderance of evidence. Thus a person may be found not guilty of manslaughter for a death occurring in a traffic collision when guilt is not proved beyond a reasonable doubt. That person can, however, still be liable for damages in a civil action for the same death, and on the same evidence, because negligence can be shown by a preponderance of evidence.
5. When a person is convicted, the question should be asked: “What is the purpose of punishment – reformation, restraint, retribution, rehabilitation and deterrence?” Punishment should fit the crime. The more serious a crime is, the more severe a punishment should be. The types of punishment are the following: life sentence, term of imprisonment, suspended sentence, probation, community service, compensation, fine.
6. Civil law is related to private rights and remedies, which are sought by civil actions as contrasted with criminal proceedings. Civil cases are usually disputes between private citizens, corporations, government agencies and other organizations which arise either from intentional breaches of contract or torts. The dispute may have to do with property rights such as a conflict between a landlord and a tenant. Civil cases may also include suits for damage resulting from traffic accidents and family disputes.
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7. Contracts are formal written agreements between two or more people to fulfill some actions. Contracts enforce duties that have been set out in parties’ agreements and if one party fails to fulfill their duties under the agreement it is breach of contract. Torts are the break of duty of any member of society to refrain from behaviour that may cause harm to other people such as fraud, libel, invasion of privacy, infringement of patent, trespass, false imprisonment, nuisance, defamation or deprivation of civil rights or some negligent actions.
8. At least two individuals are involved in every civil suit: a plaintiff and a defendant. These individuals are called “parties”. The plaintiff is a person who files the complaint, in which he / she claims that the defendant is responsible for the plaintiff’s damage. A plaintiff ought to show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this. Most often the plaintiff is asking for money damages for some wrong that has been done.
9. The party who is sued (the defendant) disputes what the plaintiff has said in the complaint. In some cases he must show that he is not responsible for the injuries. In other civil suits the defendant must prove that it was the plaintiff’s negligence that caused the injuries. The outcome of a civil case is not punishment, it is a remedy (usually a sum of money), which is to repair the hurt. Damages may also be awarded for the mental distress which was caused by an accident or for the physical sufferings.
ВОПРОСЫ ДЛЯ КОНТРОЛЯ И САМОКОНТРОЛЯ
CRIMINAL AND CIVIL LAW
1. What does criminal law concern?
2. What is a crime?
3. What are the elements of a crime?
4. What are the categories of crime?
5. How must the defendant’s guilt be proven?
6. What are the purposes of punishment?
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7. What are types of punishment do you know?
8. What is civil law related to?
9. What do civil cases arise from?
10. What is a contract?
11. When is a breach of contract?
12. What is a tort?
13. What are the parties in a civil suit?
14. Who is a plaintiff?
15. What must a plaintiff do to win a case?
16. What must a defendant do to win a case?
17. What is the outcome of a civil case?
THE LEGAL PROFESSION
1. The lawyer is a person whose principal occupation to make and administer the law. Lawyers are engaged in forming and implementing social, political and economic policy. The lawyers of different countries differ widely from one another.
2. The legal profession in Britain is divided into two branches: barristers and solicitors. Barristers are known collectively as the Bar and individually as counsels. Barristers are specialists in litigation strategy and advocacy in all higher civil and criminal courts. Barristers are required to dress formally when appearing in a court, which involves wearing wigs and gowns.The highest level of barristers have the title QC (Queen’s Counsel). Only barristers can become judges in anу English Court above Magistrates’ Court.
3. Solicitors generally focus on paper work in a law firm. The functions of solicitors are to undertake legal business for their clients, including such matters as the conveyance of property, the drawing up of wills and giving of legal advice. A solicitor also deals with petty crimes and some matrimonial matters (when a case is of divorce or recovering debts) in Magistrates’ Courts, the lowest Courts. He prepares the case and evidence. He actually speaks in Court for you.
4. Besides barristers and solicitors there are other professions in British legal sphere. Magistrates are unpaid judges, usually chosen from well-respected people in the local community. They are not legally qualified and are guided on points of law by the clerks. Coroners (коронеры)have medical or legal training (or both) and investigate violent or unnatural deaths. Investigators collect facts, examine witnesses, perform a search. Arbitratorssettle disputes arising between the parties to the contract.
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5. There are no barristers and solicitors in American legal system. Lawyers are divided into attorneys who spend most of their time preparing for and being at trial or on appeal for a client, and the other lawyers, who spend most of their time drafting documents or tax plans, and negotiating financing arrangements. This distinction, however, is not based on any separate licensing of the lawyer, but simply on what a lawyer feels he is qualified to do. There is some specialization in the activity of many American lawyers, such as labor law, divorce law, criminal law, tax law, etc.
6. The work carried out by lawyers in Russia is different. The profession of a lawyer consists of several co-ordinate professions, each constituting a career in itself. Such are, for instance, the professions of judge, diplomat, higher civil servant, prosecutor, public defender, notary, legal adviser, law teacher or scholar.
7. Judges are appointed to administer the law. The judges apply the appropriate rules of the law to the facts given in court by both parties and certify by their judgments the obligations or penalties for the parties of the trial. Higher civil servants are engaged in forming and implementing social, political and economic policy, so they should be qualified in different aspects of law. The prosecutor is responsible for bringing criminal charges against individuals who are suspected of having committed a crime. The public defender is responsible fordefending the criminally accused who cannot pay for a lawyer. The notary is engaged in different kinds of paper work, such as drawing up of wills, legalizing documents, etc. Legal advisors consult business firms, governmental agencies or individuals on different questions of law. The law teacher or scholargives lectures on different areas of legal theory and practice.
8. And at last the President of Russia and the Prime Minister are also lawyers!
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