Administration of Justice in Great Britain
1. Persons offending against the law are summoned before a court of law. The summons issued by the court states the charges moved against the offender by the persons sueing him. When a defendant is brought before a court the charge is read out to him and he is asked whether he pleads guilty or not guilty. If he pleads guilty he is sentenced by the court. If he pleads not guilty, a jury of 12 persons must be formed and summoned to attend the court.
2. The trial begins with opening the case for the prosecuting party and hearing the evidence of the witnesses for the prosecution. On the completion of the plaintiff's case and evidence, the defendant's case is stated and evidence is heard in support of it.
3. The accused is entitled to be defended by the counsel. Witnesses for the prosecution may be cross-examined by the accused or his counsel. The accused may call witnesses or give evidence in his own defence. At the conclusion of the evidence, and after speeches on both sides, the judge sums up the case to the jury. The jury consider the verdict. If they decide that the accused is not guilty, he is immediately discharged. If the jury return the verdict of guilty, sentence is pronounced by the judge.
4. The following punishments for crime can be inflicted: life imprisonment, imprisonment consisting in corrective training or preventive detention; detention centres1 for juvenile delinquents2, persons between 16 and 21, convicted of offences punishable with imprisonment; fine, a money penalty, generally imposed for minor offences; probation3 - placing the offender under the supervision of a probation officer4 and so on.
5. The defendant may appeal against the sentence to the Court of Appeal up to the House of Lords, which is the supreme judicial body of Great Britain.
Notes:
1 detention centre — центр заключения
2 juvenile delinquent — несовершеннолетний правонарушитель
3 probation — испытание
4 probation officer — инспектор, наблюдающий за преступником, направленным на работу
1. What does the summons state?
2. When is a defendant sentenced by the court?
3. Whom is the accused defended by?
4. For what offences is a fine imposed?
5. What is the supreme judicial body in Great Britain?
II. Письменно переведите 3-й и 4-й абзацы текста.
III. Раскройте скобки, употребив глагол в нужной видо-временной форме.
1. We (to have) a lecture on criminology next Monday. 2. A number of important documents (to sign) already. 3. The accused (to guarantee) the right to defence. 4. When the felon (to commit) the crime he knew it was unlawful. 5. When all the evidence (to give) counsels for both sides made speeches.
IV. Из 2-го абзаца текста выпишите предложения, содержащие слова с суффиксом -ing. Определите, какой частью речи они являются.
V. Подчеркните в следующих предложениях инфинитив и определите его форму и функцию.
1. Witnesses for the prosecution may be cross-examined. 2. The House of Lords has no power to throw out a bill relating to money. 3. The defendant preferred to make a statement through his solicitor. 4. The object of punishment is to reform and educate the guilty person. 5. The judge must have discharged one of the jurors. 6. He went to Oxford to study law.
VI. Переведите предложения, содержащие конструкции с неличными формами глагола.
1. A bill being signed by the Queen, it becomes an act of Parliament. 2. For the International Court of Justice to give an advisory opinion on any legal questions it must have a request from the General Assembly or the Security Council. 3. We expect him to conduct the defence. 4. They heard the plaintiff give evidence. 5. The arrest of the criminal is reported to have been affected. 6. Any state machine is known to reflect the interests of the ruling class.
VII. Раскройте скобки, употребив нужную форму глагола в придаточных условных предложениях.
1. If a barrister (to agree) he will take this case. 2. If you (to be) absolutely sincere with your solicitor he would help you. 3. This man would not have been imprisoned if he; (not to violate) the law.
VIII. Переведите предложения, обращая внимание на функции и значение словitиone.
1. It is not easy to cross-examine all witnesses in a short period of time. 2. Law cannot be separated from the judges who interpret and administer it. 3. It is the Cabinet and not Parliament that controls and runs the nation's affairs in England. 4. Business contacts as well as cultural ones contribute to mutual understanding and trust among peoples. 5. One must observe the law.
IX. Определите тип подчинения. В бессоюзных придаточных предложениях отметьте, где может находиться опущенный союз.
1. The basic law of the USA is the Constitution which was adopted in 1789. 2. I hope they received the sentence they deserved. 3. Counsel for the defence tried to show that the accused was not guilty.
TEST II
I. Прочтите текст и письменно ответьте на вопросы, следующие за ним.
Barristers and Solicitors
1. Most barristers are professional advocates .earning their living by the presentation of civil and criminal cases in court. A barrister must be capable of prosecuting in a criminal case one day, and defending an accused person the next, or of preparing the pleadings and taking the case for a plaintiff in a civil action one day, and doing the same for a defendant the next. Barristers are experts in the interpretation of the law. They are called in to advise on really difficult points.
2. A would-be barrister1 must first register as a student member of one of the four Inns of Court2. A student must pass a group of examinations to obtain a law degree and then proceed to a vocational course, the passing of which will result in his being called to the Bar3.
3. All practising barristers are junior counsels unless they have been designated Queen's Counsels (QC)4. QC is expected to appear only in the most important cases.
4. If a person has a legal problem he will go and see a solicitor. There is no end to the variety of matters which a solicitor deals with. He does legal work involved in buying a house, he writes legal letters for you and carries on legal arguments outside Court, he prepares the case and the evidence. If you want to make a will the best man to advise you is a solicitor.
5. In a civil action solicitors have a right to speak in the County Court, when the case is one of divorce or recovering some debts, and they deal with petty crimes and some matrimonial matters in Magistrates Courts, the lowest Courts.
6. To become a solicitor a young man joins a solicitor as a «clerk» and works for him while studying part time for the Law Society5 exams. When you have passed all the necessary exams, you may apply to the Law Society to be «admitted». After that you can practise, which means you can start business on your own.
Notes:
1 would-be barrister — будущий барристер
2 Inns of Court — «Судебные инны» (четыре корпорации барристеров в Лондоне; пользуются исключительным правом приема в адвокатуру; в школах при этих корпорациях готовят барристеров; существуют с XIV в.)
3 to be called to the Bar — быть принятым в коллегию адвокатов
4 Queen's Counsel (QC) — королевский адвокат (высшее адвокатское звание)
5 Law Society — Общество юристов (профессиональный союз солиситоров)
1. What must a barrister be capable of?
2. What must a person do to become a barrister?
3. When can a barrister be called to the Bar?
4. What matters does a solicitor deal with?
5. In what courts does a solicitor have the right to speak?
II. Письменно переведите 4-й и 5-й абзацы, текста.
III. Раскройте скобки, употребив глагол в нужной видо-временной форме.
1. In a year we (to study) criminal law. 2. The case is rather complicated. The jury still (to discuss) a verdict. 3. The convicted person just (to take) to prison. 4. Don't come in! The court (to sit). 5. The doctor said that the victim (to kill) a few hours before.
IV. Из 1-го абзаца текста выпишите предложения, содержащие слова с суффиксом -ing. Определите, какой частью речи они являются.
V. Подчеркните в следующих предложениях инфинитив и определите его форму и функцию.
1. To grant pardon is the prerogative of the Crown. 2. They must have been. arrested over a year ago. 3. The victim is the first person to be interviewed 4. He seems to be investigating a criminal case. 5. A student must pass a group of examinations to obtain a law degree. 6. The aim of the preliminary investigation is to draw up an indictment.
'VI.Переведите предложения, содержащие конструкции с неличными формами глагола.
1. The lower chamber having passed the bill, it went to the upper chamber. 2. For any state to become a member of the United Nations it is necessary to accept the obligations under its Chapter. 3. They want the execution of the sentenced to be postponed. 4. Nobody expected her to testify against her brother. 5. The Queen's Counsels are expected to appear only in the most important cases. 6. He was reported to be preparing an account of the indictment.
VII. Раскройте скобки, употребив нужную форму глагола в придаточных условных предложениях.
1. If the jury (to consider) a prisoner guilty, the judge pronounces a sentence. 2. He would have never taken the case if the barrister (not to believe) in his innocence. 3. If the investigator (to have) more evidence, he would be able to prove the case.
VIII. Переведите предложения, обращая внимание на функции и значение слов it и one.
1. It is not easy to investigate a criminal case. 2. As the trial was open to the public many people attended it. 3. It was the Prison Act (1865) which introduced a new approach to imprisonment in England. 4. A «written constitution» is one the whole of which is contained in one or more documents which possess the force of law. 5. One must observe traffic rules.
IX. Определите тип подчинения. В бессоюзных придаточных предложениях отметьте, где может находиться союз.
1. Roman law is one of the greatest systems that has ever existed. 2. They assumed they would be dealing with a gang of dangerous criminals. 3. The Queen formally appoints the judges on the recommendation of the Lord Chancellor who makes the real selection.
Keys
Unit II
Ex. 4. 1-е, 2-f, 3-b, 4-c, 5-d, 6-a, 7-h, 8-i, 9-g.
Ex.5. 1-b, 2-е, 3-е, 4-c, 5-a.
Unit III
Ex. 4. 1-f, 2-h, 3-b, 4-i, 5-a, 6-c, 7-j, 8-d, 9-g, 10-e.
Ex. 5. 1-е, 2-b, 3-е, 4-a, 5-b.