Тема 4. Виды преступлений и преступники
Новосибирск 2013
Кафедра иностранных языков
Иностранный язык в сфере юриспруденции: программа, методические указания и задания контрольной и самостоятельной работы / [сост. старший преподаватель С.С. Дейкина]. – Новосибирск : НОУ ВПО Центросоюза РФ СибУПК, 2013. – 106 с.
Рецензент ст. преподаватель Е.А. Золотарева
Программа обсуждена и рекомендована к изданию кафедрой иностранных языков, протокол от 26.02.2013 №6.
© Сибирский университет
потребительской кооперации, 2013
СОДЕРЖАНИЕ
| 1. Введение………………………………………………………… | |
| 2. Программа дисциплины………………………………………... | |
| 2.1. Объем дисциплины и виды учебной работы по формам и срокам обучения…………………………………………………... | |
| 3. Содержание дисциплины………………………………………. | |
| 3.1. Тематический план…………………………………………… | |
| 3.2. Темы и их краткое содержание……………………………… | |
| 4. Методические указания к выполнению контрольных работ… | |
| 5. Задания контрольной работы………………………………….. | |
| 6. График самостоятельной работы студентов …………………. | |
| 7. Список рекомендуемой литературы…………………………... |
ВВЕДЕНИЕ
Программа, методические указания и задания контрольной и самостоятельной работы предназначена для студентов направления 030900.62 Юриспруденция, выполняющих контрольную работу по дисциплине «Иностранный язык в сфере юриспруденции».
Дисциплина «Иностранный язык в сфере юриспруденции» входит в базовую часть гуманитарного, социального и экономического цикла учебного плана подготовки бакалавра по направлению 030900.62 Юриспруденция. Владение иностранным языком является обязательным элементом профессиональной подготовки современного специалиста любого профиля.
Иностранный язык выступает не только как цель обучения, но и как средство приобретения сведений в различных областях знания. В этом реализуются широкие межпредметные связи дисциплины «Иностранный язык в сфере юриспруденции» с другими общими и профессиональными дисциплинами.
Изучение иностранного языка содействует общему речевому развитию учащихся, расширяет их лингвистический кругозор, способствует формированию культуры общения.
Кроме того, являясь неотъемлемым элементом диалога культур, иностранный язык способствует формированию у учащихся целостной картины мира. Изучение этой дисциплины способствует развитию личности и ее социальной адаптации к условиям постоянно меняющегося поликультурного, полиязычного социального пространства.
Целью изучения дисциплины «Иностранный язык в сфере юриспруденции» является овладение студентами необходимым и достаточным уровнем коммуникативной компетенции для решения коммуникативных задач в различных областях, профессиональной деятельности при общении с зарубежными партнерами, а также для дальнейшего самообразования.
Задачи дисциплины:
· повышение уровня учебной автономии, способности к самообразованию;
· развить когнитивные и исследовательские умения;
· развить информационную культуру;
· расширить кругозор, повысить общую культуру студентов.
ПРОГРАММА ДИСЦИПЛИНЫ
2.1. Объем дисциплины и виды учебной работы
По срокам обучения (ч)
Срок обучения – 4 года 6 мес. и 3 года 6 мес.
| Вид занятия | 1 Курс |
| Аудиторные занятия: | |
| практические | |
| Контрольная работа | |
| Самостоятельная работа | |
| Зачетные единицы: в том числе без экзамена | |
| Общая трудоемкость | |
| Вид итогового контроля | Экзамен |
СОДЕРЖАНИЕ ДИСЦИПЛИНЫ
3.1. Тематический план
| № п/п | Тема дисциплины | Количество часов на изучение | ||
| всего | в том числе | |||
| практические занятия | СРС | |||
| Введение в курс Профессия юриста | ||||
| Правовая система в Великобритании | ||||
| Виды преступлений и преступники | ||||
| Гражданское право | ||||
| Государственная власть в Российской Федерации Политические партии | ||||
| Основы демократии | ||||
| ИТОГО за 1 курс |
3.2. Темы и их краткое содержание
Тема 1. Введение в курс
Важность изучения английского языка. Варианты и диалекты. Особенности структуры английского языка. Общие сведения о звуковом строе и орфографии английского языка. Английский алфавит. Особенности фонетического строя английского языка. Фонетические явления. Произношение гласных. Произношение согласных. Основные правила чтения гласных. Основные правила чтения согласных.
Тема 2. Профессия юриста
Профессия юриста. Особенности деятельности солиситоров.
Барристеры – обучение и стажировка, права и обязанности барристеров.
Грамматика: множественное число имен существительных, притяжательный падеж имен существительных, вспомогательные глаголы, употребление артикля.
Чтение: изучающее чтение.
Говорение: типовые ситуации делового общения (телефонные переговоры, собеседование при приеме на работу, деловые переговоры).
Аудирование: понимание на слух иноязычной речи профессионального характера.
Письмо: стилистические особенности письменной речи.
Тема 3. Правовая система в Великобритании
Гражданское и уголовное судопроизводство. Система судов.
Альтернативное решение конфликтной ситуации (арбитраж, третейский суд).
Грамматика: имя прилагательное, наречие, предлоги.
Чтение: схематическое представление содержания текста.
Говорение: коммуникативные целеустановки и речевые стратегии.
Аудирование: понимание на слух иноязычной речи профессионального характера.
Письмо: Особенности синтаксиса письменной речи.
Тема 8. Основы демократии
Типы демократии: исторический аспект. Права человека.
Грамматика: видовременные формы глагола в действительном страдательном залогах.
Чтение: составление опорного конспекта.
Говорение: вербальные и невербальные средства коммуникации.
Аудирование: понимание на слух иноязычной речи профессионального характера.
Письмо: приемы компрессирования содержания.
ВАРИАНТ 1
UK POLITICAL SYSTEM
The United Kingdom of Great Britain and Northern Ireland is a constitutional monarchy. This means that Great Britain is governed by Parliament and the Queen is Head of State.
The Queen Elizabeth II is the official Head of State and for many people she is the symbol of unity of the nation. The Queen's power is limited by the Parliament but every week she meets the Prime Minister and receives copies of all cabinet papers. Elizabeth is the head of the executive, of the judicial power and the commander- in-chief of the armed forces of the U.K. She also has to fulfill her ceremonial functions such as opening of Parliament, for example.
The legislative power in the country is exercised by the Houses of Parliament. The British Parliament consists of two chambers: the House of Lords and the House of Commons. The House of Lords is composed of hereditary and life peers and peeresses. The members of the House of Commons are elected by the people. They are elected from the constituencies in England, Scotland, Wales and Northern Ireland. The House of Commons is the real governing body of the United Kingdom. The executive power is exercised by the Prime Minister and his Cabinet. The government is usually formed by the political party which is supported by the majority in the House of Commons. The Prime Minister is the majority party leader and is appointed by the Queen. The Prime Minister chooses a team of ministers; twenty of the ministers are in the Cabinet.
The second largest party becomes the official opposition with its own leader and the Shadow Cabinet. The two leading parties in Great Britain are the Conservative Party (the Tories) and the Labor Party.
The judiciary branch of the Government determines common law and is independent both of the legislative and executive branches.
There is no written Constitution in Great Britain, only precedents and traditions.
II. Ответьте на вопросы.
1. What body exercises the legislative power in the country?
2. How is the House of Lords composed?
3. Who elects the members of the House of Commons?
4. What body exercises the executive power?
5. What is the official opposition?
ВАРИАНТ 2
U.K. PARLIAMENT AT WORK
Parliament is the most important law-making body of the British people consisting of the House of Commons, the House of Lords and the sovereign (i.e. king or queen).
A. The House of Commons, the lower house of the British Parliament, consists of 650 elected MPs:
523 for England
762 for Scotland
38 for Wales
17 for Northern Ireland
The main purpose of the House of Commons is to make laws by passing various Acts (of Parliament), as well as to discuss current political issues. The House sits for five days each week. Each 'sitting' starts in the afternoon and may go on throughout the night. The House sits for about 175 days in the year, and it has a maximum term of five years.
All speeches in the House of Commons are addressed to the Speaker who is elected at the beginning of each new Parliament to preside over the House and enforce the rules of order.
The debates take place in accordance with a program previously arranged. It often concerns a broad issue of foreign or home policy, or it may be examination of the contents of a bill.
B. The House of Lords.
There are over 1,000 members of the House of Lords. They are unelected group of people who have either inherited their seats or have been given them by the Government. The Lord Chancellor sits in the middle and supervises debates.
The House of Lords takes part in making laws, the examination of the Government's work and debating important matters of the day. This second chamber is not as powerful as the House of Commons. It cannot reject laws that the House of Commons wants to pass, though it can amend them. The work of the House of Lords includes:
a) legislation: reviewing and giving further consideration to Bills;
b) examining the work of the Government by debate;
c) examining European proposals;
d) hearing legal appeals.
II. Ответьте на вопросы.
1. What is the main law-making body in the UK?
2. Which part of the UK has the least number of MPs?
3. How many days in the year do the House of Commons sit for?
4. Who should enforce the rules of order in the House of Commons?
5. What does a debate program in the House of Commons concern?
III. Прочитайте следующие утверждения и решите, какие из них правильные, какие –нет.
1. The House of Lords decides criminal cases.
2. The House of Commons sits for three months in the year.
3. The Lord Chancellor presides over the House of Commons.
4. Members of the House of Lords are unelected group of people.
5. The second chamber is as powerful as the House of Commons.
ВАРИАНТ 3
U.K. GOVERNMENT
A. The UK is governed by the Government – a body of ministers who are responsible for the administration of national affairs. The ministers are the leading members of the political party which wins a majority of seats in Parliament. The party which wins the second largest number of seats in Parliament becomes the official Opposition.
The Prime Minister, the leader of the party with a majority, is appointed by the Queen. (The Queen appoints but does not select the Prime Minister. She has no choice). All other ministers are appointed by the queen on the recommendation of the Prime Minister. The majority of ministers are members of the Commons, although the Government is also fully represented by ministers in the Lords. The Lord Chancellor is always a member of the House of Lords.
The Cabinet. The most senior ministers (usually about 20 in number) compose the Cabinet, which meets regularly (once or twice a week) under the chairmanship of the Prime Minister to decide government policy on major issues, exercise supreme control of government and co-ordinate government departments.
Ministers are responsible to Parliament for all Cabinet decisions; individual ministers are responsible to Parliament for the work of their departments.
The ‘Shadow Cabinet’. The opposition party which is not currently in power, under the direction of its leader forms a ‘Shadow Cabinet’. The ministers in the Shadow Cabinet deal with the same matters as the Cabinet of Ministers in the current government, debating with the actual Cabinet ministers from the Government side.
B. Parliamentary control
Ministers are responsible to Parliament for their department and its actions. The Commons can force a government to leave office.
II. Ответьте на вопросы.
1. How can a political party win a majority of seats in the British Parliament?
2. Who becomes an official opposition?
3. Does the Queen select the Prime Minister?
4. Who chairs parliamentary sessions?
5. What are the two main political bodies administering national affairs in the UK?
ВАРИАНТ 4
HOW LAWS ARE MADE IN THE UK
Once MPs take their seats in parliament their most important job is to make legislation. Every year parliament passes about a hundred laws directly, by making Acts of Parliament.
New legislation in Britain usually starts in the House of Lords. Any new law can be passed only when it has completed a number of stages in the House of Commons and in the House of Lords. Before a Bill can go through all its stages in parliament it has to be written down or drafted. The Bill has to be exact, so that no misunderstanding can occur and so it can be understood by as many people as possible.
First and second readings. In the days before printing, the only way MPs could find out what a Bill contained was by having the contents read out to them. The first reading lets MPs known that the Bill is coming up for discussion. There is no voting at this stage. The second reading explains the purpose of the Bill, and the House has to vote on it. If the House votes for the Bill it proceeds to the Committee stage.
The Committee stage. This involves a small group – or committee- of about 18MPs looking in detail at the Bill and suggesting amendments. This stage is present because of time limits in the House of Commons.
The Report stage. Now the House of Commons is told what the Committee decided.
Third reading. The Bill then goes to the third reading, which gives the House of Commons a chance to look again at the Bill as a whole.
Consideration by the House of Lords. Once it has passed its third reading, the Bill is carried to the House of Lords. This second chamber can be very useful; a different group of people can often see something in a different way. The House of Lords has time to examine Bills and make amendments.
The Royal Assent. If the Bill passes this process, it is automatically given the Royal Assent. If the Houses are unable to agree on the Bill, the Commons can reintroduce the Bill the following year and the Lords have to accept it.
II. Ответьте на вопросы.
1. Where does new legislation normally start in Britain?
2. How can a new law be passed?
3. When does the House have to vote on the Bill?
4. How many MPs are in the Committee group?
5. Which chamber can make amendments to the Bill?
ВАРИАНТ 5
US POLITICAL SYSTEM
The USA is a presidential republic. Supreme legislative power lies with Congress which consists of a Senate or upper House and a House of Representatives. The Senate is composed of 100 members, two from each state who are elected for a term of 6 years. One-third of the Senate is elected every 2 years. The House of Representatives has representatives from each state depending on population, but every state no matter how small it is, has at least one representative in the chamber.
Both Senators and Representatives must be residents of the State from which they were chosen. In addition, a Senator must be at least 30 years old and a citizen of the USA for at least 9 years.
The presiding officer of the Senate is the Vice-President of the USA. The presiding officer of the House of Representatives, the Speaker, is elected by the House. The work of preparing and considering laws is done by the committees of both Houses. There are 15 standing committees in the Senate and 19 in the House of Representatives.
The Congress assembles at least once a year.
The executive branch of the government consists of the President, the Vice-President and the Cabinet. The President’s term of office is four years, together with the Vice-President, chosen for the same term. The President is the head of the executive branch of the government; he appoints the members of the Cabinet. The Cabinet advises the President on many matters and is composed of the heads of ten executive departments: Secretary of State, Secretary of the Treasury, Secretary of Defense and others. There are 15 standing committees in the Senate and 19 in the House of Representatives.
The judicial branch of the government is headed by the Supreme Court which settles disputes between the states. The Supreme Court may veto any law passed by the Congress if it contradicts the Constitution of the USA.
II. Ответьте на вопросы.
1. What organ exercises supreme legislative power in the USA?
2. How many Senate members are elected for 6 years?
3. What does a number of representatives to the House of Representatives depend on?
4. Who performs functions of the government executive branch?
5. What is the highest judicial body in the USA?
ВАРИАНТ 6
JUDICIARY
Legislature
The Federal Assembly is Russia’s bicameral legislature. It is composed of an upper house, called the Council of Federation, and a lower house, the State Duma.
The Council of Federation has 178 members – two representatives from each of the 89 administrative units that make up the Russian Federation.
The State Duma has 450 members. Voters elect half of the Duma members by casting a vote for a specific party listed on the ballot, these 225 seats are divided among the qualifying parties by proportional representation. The other 225 Duma members are elected individually from electoral districts throughout the country.
Executive
Power is concentrated in the executive branch, which is headed by the President. He or she is directly elected by the people to a four-year term and cannot serve more than two consecutive terms. The President serves as the commander-in-chief of the armed forces and chairs of the Security Council, which is the central decision-making body for matters of defense. With the Defense Minister, the President has control over Russia’s nuclear weapons. The President appoints the Prime Minister. The appointment is subject to ratification by the State Duma. The President has the right to dissolve the legislature under certain conditions as well.
Judiciary
The highest judicial body is the Constitutional Court composed of 19 judges who are appointed by the President and approved by the Council of Federation.
Below the Constitutional Court are the Supreme Court and the Supreme Arbitration Court. The Supreme Court rules on civil, criminal and administrative law, and the Supreme Arbitration Court handles economic suits. As with the Constitutional Court, judges for these high courts are appointed by the President and approved by the upper house of legislature. By law, all judges in Russia are independent and cannot be removed from office.
II. Ответьте на вопросы.
1. What two chambers is the Federal Assembly composed of?
2. How many Duma members are elected individually?
3. What body decides the matters of defense?
4. Which Court rules on criminal law?
5. Who appoints judges for high courts?
ВАРИАНТ 7
PROFESSIONAL TITLES
Although many kinds of people working in or studying legal affairs are called lawyers, the word really describes a person who has the right to act in certain legal matters. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs.
In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barristers. Solicitors do much of the preparation for cases which they then hand to barristers, as well as doing legal work which does not come before a court, such as drawing up wills and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client’s case.
In general , it can be said that a barrister spends most of his time either in a court room or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents.
A person seeking to qualify as a solicitor can become a trainee solicitor after three years of university legal education and one extra year doing the legal practice course. As a trainee solicitor it is possible to obtain a paid position even before qualifying.
The young would-be–barrister has much less chance of earning anything before he qualifies. He has to meet his own expenses, cover his own holidays and buy his own (very expensive) sick-pay insurance.
II. Ответьте на вопросы.
1. What do lawyers work in or study?
2. Which of them (barristers or solicitors) have the right of audience in the highest courts?
3. What courts can solicitor appear in?
4. How long is trainee’s legal practice course?
5. Can a would-be-barrister earn much money before he qualifies?
ВАРИАНТ 8
ВАРИАНТ 9
THE COURT SYSTEM OF THE UK
Nowadays courts can be created only by act of Parliament. Courts may be classified in a number of ways, for example, superior and inferiorcourts. The most usual difference, however, between criminal and civil courts.
In criminal cases the courts which are the first to hear cases are the magistrates’ courts and the Crown Court (for more serious cases). The Court of Appeal in London has a Criminal Division and a Civil Division. It hears appeals in criminal cases from the Court of Appeal, and in civil cases, from the county courts and the High Court. The Highest Court of Appeal in England, Wales and Northern Ireland is the House of Lords (Scotland has its own High Court).
Magistrates’ Courts
A magistrates’ usually consists of three unpaid magistrates known as justices of peace ‘JP’s). There are nearly 28,000 magistrates serving some 450 courts.
The magistrates try less serious offences. The most serious offences, such as murder, manslaughter, rape and robbery, are tried by the Crown Court.
Youth Courts
Cases involving people under 18 are heard in youth courts (formerly juvenile courts). These are special magistrates’ courts. There are restrictions on public access and media coverage.
The Crown Court
The Crown Court sits at about 90 centers and is presided over by High Court judges, full-time ‘circuit judges’ and part-time recorders. England and Wales are divided into six circuits for the purpose of hearing criminal cases.
The Crown Court tries the most serious offences. All contested cases are presided over by a judge sitting with a jury.
The High Court deals with the more complicated cases as well as with appeals from tribunals, magistrates’ courts, family problems, wills and administration of property.
II. Ответьте на вопросы.
1. What court is the first to hear serious offences?
2. Can a magistrate try manslaughter?
3. What restrictions are binding in the youth courts?
4. How are contested cases tried?
5. What cases does the High Court deal with?
ВАРИАНТ 10
ВАРИАНТ 11
CRIMINAL PROCEDURE
One way of protecting the suspected criminal is by dividing the stages in criminal procedure between different bodies. One can separate the functions of investigating, prosecuting, trying, deciding guilt, sentencing and carrying out the sentence. Six or seven different bodies can each be given one of these jobs.
For example, the police can be in charge of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial; a jury of deciding whether to convict; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.
The judge who presides over the trial usually sentences the suspect if he is convicted, but even that is not inevitable. Sentencing can be entrusted to a special board. Or a judge can be put in charge of the investigation and a different judge chosen to try the case if the first judge finds there is enough evidence to justify the trial.
This is separation of powers. The idea is that no one authority (police, prosecution, judge, jury, prison service) should have too much power. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule at the trial that the prosecution has not produced enough evidence. If the jury think the judge has shown a bias during the trial they will probably acquit the suspect. If the suspect is convicted but thinks the procedure has been unfair he can persuade the government to advise the head of the state to pardon him or reduce the sentence.
II. Ответьте на вопросы.
1. How many bodies participate in criminal procedure?
2. What organ can sentencing be entrusted to?
3. Are police able to prosecute?
4. What will the jury probably do if they think the judge has shown a bias?
5. Who advises the head of the state to pardon the suspect?
ВАРИАНТ 12
CRIMINAL PUNISHMENT
Criminal punishment of persons who have committed crimes is one of the forms of state fight against crime. Any criminal punishment is always a restriction of the rights of the convicted person. This restriction is a sort of retribution for the crime the person committed. If a person is convicted the court decides on the most appropriate sentence. The facts of the offence, the circumstances of the offender, his/her previous convictions are taken into account. The more serious the offence is, the stricter a penalty should be.
But in any case, the responsibility of the court is to impose an exact and just punishment relevant to the gravity of a crime. The more just the punishment is, the greater is the possibility of a person’s reformation. The defence lawyer may take a speech in mitigation on behalf of the offender.
There are the following basic penalties: derivation of liberty – imprisonment for a certain period of time or life imprisonment, exile, fines or public censure. Capital punishment is usually used only as exceptional measure when an especially grave crime was committed. The list of such crimes is not long and it is strictly determined by law. There are quite a lot of countries where death penalty is prohibited.
Criminal Justice
The criminal justice system aims to prevent and reduce crime, and to deal without delay with those suspected or accused of crime. It also aims to help victims of crime, to convict guilty and acquit the innocent, and to punish suitably those found guilty.
The proceeds from serious crime such as drug trafficking and robbery may be confiscated by the courts. The Government has certain exceptional powers for dealing with and preventing terrorist activities. These take account of the need to achieve a balance between the safety of the public and the rights of the individual.
II. Ответьте на вопросы.
1. What can restrict the rights of the convicted person?
2. When is the penalty much stricter?
3. Who speaks in mitigation on behalf of the offender?
4. What punishment is used for especially grave crime?
5. What is criminal justice system aimed at?
ВАРИАНТ 13
DEFENSES
A defendant may avoid guilt if he can show he has a defence – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allows the defense of duress – being forced to commit a crime because of threats. Duress may be used a defense for a secondary party (helping the murderer).
Another defense is that of insanity. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof. If it is proven the defendant will not be sent to prison, but instead to a mental hospital.
It might be argued that a person is not responsible for his actions if he is intoxicated – drunk or under the influence of drugs. In fact, an intoxicated person may not even know what he is doing. However, in Britain and many other countries, there is a general principle that people who purposely get themselves intoxicated must be responsible for their acts. Consequently, intoxication is not a defense.
Nearly every system of law recognizes the defense of self – defense. In England law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was to protect himself.
The concept of defense should not be confused with that of mitigation – reasons your punishment should not be harsh. If a person has a defense, the court finds him not guilty. It is only after being found guilty that a defendant may try to mitigate his crimes by explaining the specific circumstances at the time of crime.
II. Ответьте на вопросы.
1. What can help defendant avoid guilt?
2. Is duress a defense in England?
3. What kind of defense requires careful proof?
4. What other two possible defenses?
5. When can a defendant try to mitigate his crime?
ВАРИАНТ 14
ORIGINS OF ENGLISH LAWS
The English judicial system is the product of long historical development. The strong sense for tradition and its preservation in English society was responsible for the fact that some judicial forms and institutions have survived centuries. For this reason English law is very complex.
There is no single body of law in the United Kingdom. There is, however, a similarity between the systems of England and Wales and that of Northern Ireland. Scotland has its own distinctive legal system and law courts, but on many points there is fundamental identity with the rest of the United Kingdom as well. A large volume of modern legislation applies throughout the United Kingdom.
Another common feature is the distinction made between criminal law (concerned with the wrongs against the community as a whole) and civil law (concerned with the rights, duties and obligations of individuals towards one another).
The sources of law in the United Kingdom include: unwritten, or common law, and written, or statute law. Unwritten or common law is based on the past decisions of judges, i.e. on a judicial precedent. It is the ancient law of the land deduced from customs and interpreted in court cases by the judges.
Written, or statute law, is based on statutes. Statutes comprise Acts of Parliament and subordinate legislation made under powers conferred by Parliament (e.g. Orders in Council, orders and regulations made by a minister with the authority of Parliament, by-laws made by local government). Statute law is more modern than common law.
In the Middle Ages a supplementary system of law, known as Equity, came into being to provide and enforce more effective protection for existing legal rights. People sent petitions to the King asking him to exercise his power of justice. The King’s chief minister, the Lord Chancellor, dealt with these grievances himself and the decisions depended upon what the Chancellor thought was "equitable” or "fair”. In the 15th century a special Court of Chancery was set up and a system of rules called "rules of Equity” developed as distinguished from "rules of Common Law”. The Common Law Courts and the Court of Chancery existed as independent courts until 1873. Thus, English law consists of the rules of Common Law and Equity, embodied in precedents, changed or supplemented in part by Acts of Parliament.
II. Ответьтенавопросы.
1. Is there a single body of law in the United Kingdom?
2. What are the sources of law in the United Kingdom?
3. What is Common law based on?
4. What do Statutes comprise?
5. How was the King’s chief minister called?
ВАРИАНТ 15
CRIMINAL LAW
The courts of criminal jurisdiction include: the magistrates’ courts, which try the less serious offences and conduct preliminary inquiries into the more serious offences; Crown Courts which try such cases as: homicide, violence against the person (excluding homicide), sexual offences, burglary, robbery, theft and handling stolen goods, fraud and forgery, criminal damage and other offences.
Magistrates’ courts deal with about 98% of criminal cases in England and Wales, and conduct preliminary investigations into more serious offences. Every district has a magistrates’ court. The Crown courts, situated in a number of towns and cities, take all criminal work above the level of magistrates’ courts and trials are held before a jury.
Magistrates can only try people for minor offences and cannot usually give prison sentences totalling more than six months. If after hearing all the evidence they decide that the crime is a serious one, they must send the accused for trial to a higher court – the Crown Court.
A person convicted by a magistrates’ court may appeal to the Crown Court against the sentence or conviction. When the appeal is on a point of law, either the prosecutor or the defendant may appeal from the magistrates’ court to the High Court, which sits in London and in some regional centers. Appeals from the Crown Court, either against conviction or against sentence, are usually made to the Court of Criminal Appeal. The court may annul the conviction, or it may reduce the sentence. The highest court of appeal is the House of Lords.
Magistrates’ courts are sometimes called "courts of summary jurisdiction” or "petty sessions” of "police courts”. When a court sits it must have at least two justices on it, and not more than seven. The justices take turns at attending court sessions.
The office of magistrates dates back to the year 1360, when they were designed to be a kind of policemen, whose duty was to search out and arrest offenders, as well as to give evidence against them at their trials. In the course of time they acquired such a wide range of duties that by the middle of the nineteenth century they were almost entirely responsible for the government of counties. However, towards the end of the nineteenth century the establishment of other administrative authorities, in particular County Councils in 1888, relieved the county magistrates of their governmental responsibilities, leaving them judicial functions.
II. Ответьтенавопросы.
1. What cases do the Crown Courts try?
2. Can Magistrates give prison sentences totalling more than six months?
3. What is the highest court of appeal?
4. How many justices must a court have?
5. When were the County Councils established?
ВАРИАНТ 16
CROWN COURTS
There are special courts of criminal jurisdiction, called Crown Courts that are responsible for trials of the more serious cases. When a criminal case is not dealt with finally in a magistrates’ court, it goes for trial in a Crown court. There are Crown Courts in about a hundred towns. They are presided over by a judge. The most serious offences are dealt with by High Court judges from London.
All contested trials in the court take place before a jury of twelve. The duty of the judge is first of all to see that the trial is conducted properly, secondly, to give advice to the jury before asking for its verdict, and finally, if the jury finds the accused "guilty” to decide on the penalty.
In a Crown court the accused person when brought into the "dock” is asked by the Clerk if he is guilty or not guilty. If he replies not guilty, then he must be tried to establish this fact. If he pleads guilty the court is at liberty to sentence him without trial, but in practice he is usually advised by the judge to substitute a plea of not guilty so that the circumstances may be properly investigated.
The case is explained to the jury by the leading counsel for the prosecution. The prosecution builds up its case by presenting witnesses, who go into the witness-box where they are questioned by the prosecution barrister (or "counsel”), so that a story of the supposed crime can be built up. Each witness may be cross-examined by the other side on the evidence which he has given. When the examination of the Crown witnesses is concluded, the defence may call witnesses, including the accused himself, in an attempt to show that he is innocent; these witnesses may be cross-examined by the other side.
When this is completed, the judge sums up the evidence for the benefit of the jury and instructs them on points of law involved, presenting them with the problem they have to decide.
If a person is found guilty of a small offence and has no previous conviction, he may receive no punishment at all.
II. Ответьтенавопросы.
1. What are the Crown Courts responsible for?
2. What are the duties of a judge?
3. Who asks the accused person whether he is guilty or not?
4. Where are the witnesses questioned by the prosecution barrister?
5. Can an accused person be a witness?
ВАРИАНТ 17
CIVIL COURTS
The main courts of civil jurisdiction in England and Wales are the county courts, which are the courts for the lesser cases, and the High Court, where more important cases are tried. Most appeals go to the Court of Appeal. If the appeal is refused there can be a final appeal to the House of Lords, but this rarely happens.
There are about 300 county courts in England and Wales. The jurisdiction of these courts covers actions founded upon contract and tort (injury, harmful act, for which a civil action can be brought), mortgage cases, and actions for the recovery of land. Other matters dealt with by the county courts include landlord and tenant and adoption cases.
The county court judge is a salaried barrister. He sits alone and decides cases without a jury. He takes no criminal cases, but hears a great variety of civil disputes, such as those arising out of hire-purchase agreements, or nuisances, or traffic accidents, and so on, if the claim does not exceed one hundred, or, if the defendant does not object, two hundred pounds.
The High Court of Justice is a small tribunal with no more than 75 judges. The Queen formally appoints the judges on the recommendation of the Lord Chancellor, who makes the real selection. The High Court judges receive salaries and they must retire at the age of 75. The High Court of Justice has several Divisions: the Chancery Division, the Family Division and the Queen’s Bench Division. These divisions are independent of one another. The Chancery Division consists of the Lord Chancellor and ten judges, and deals with questions of company law, bankruptcy, the administration of the estates of people who have died and other similar matters. The Family Division which deals with divorce and questions arising out of wills has replaced the Probate, Divorce and Admiralty Division. The Queen’s Bench Division consists of the Lord Chief Justice and thirty-nine other judges, who are engaged in civil work in London, and the Central Criminal Court (the "Old Bailey”) also in London, and who tour the provincial crown courts. This division is concerned with the ordinary business of the Common Law, suits for damages.
The Court of Appeal is the intermediate appellate tribunal. For civil appeals, the court normally sits in panels of three Lord Justices, with the senior Lord Justice presiding.
The House of Lords is the highest court in England. For judicial purposes it is usually composed only of the Lords of Appeal in Ordinary. The Lord Chancellor is the highest judge in the kingdom.
II. Ответьтенавопросы.
1. What are the main courts of civil jurisdiction in England and Wales?
2. Is the county court judge a salaried barrister?
3. How many judges are there in The High Court of Justice?
4. Are the Divisions of the High Court of Justice independent of one another?
5. What is the "Old Bailey”?
ВАРИАНТ 18
ВАРИАНТ 19
THE PROFESSION OF A LAWYER
One of the most popular professions among the young people of our country is the profession of а lawyer. In their opinion (and that is exactly so) the legal profession is very interesting, diverse and quite necessary for regulation of social relations in the state. А graduate from the law faculty or law institute mау choose his place of work and occupation from a number of possible ones. Не can be either а barrister (attorney, counsel for the defence) at the Ваr or а judge at the Law Court. Не can be а prosecutor or a prosecutor’s assistant at the Prosecutor's Office. Не саn also be а notary at the notary office or а legal adviser at an enterprise or legal advice office. Не саn be a state arbitrator at the state arbitration or sometimes an investigator at the Prosecutor’s Office or in the organs of the police.
A lawyer should be а perfect expert in laws and their proper usage. Since the job of the lawyer may involve any kind of human activity, he mау deal with different types of people. Therefore last but not least а lawyer should be соmреtent in human psychology and human understanding.
So it is clear that the profession of а lawyer mау give а specialist а lot of opportunities to use his professional and personal competence and therefore he must administer justice only for the sake of «truth, the whole truth and nothing but the truth».
II. Ответьтенавопросы.
1. What is one of the most popular professions among the young people?
2. Can a graduate from the law faculty work as a judge at the Law Court?
3. Does the lawyer deal with people?
4. What position can a lawyer have at an enterprise?
5. What spheres should a lawyer be competent in?
ВАРИАНТ 20
BRITISH SYSTEM OF LAW
There are three separate systems of law in the United Kingdom: the legal systems and law courts of 1. England and Wales; 2. Scotland; 3.Northern Ireland. However, there are some common features to all systems in the United Kingdom: the sources of law, the distinction between civil law and criminal law. The sources of law include: 1. written law (i.e. statutes) 2. Unwritten law (i.e. Common law and Equity) based on judicial precedent. The common law is also called “case law” or “judge-made law”. It means that when one judge had decided a point of law, any judge who has the similar set of facts must decide the case in the same way as in the earlier judgement. In other words, the judge uses the process of analogy. And it is in this way that the generations of judges have built up the Common law. The structure of courts in England and Wales looks like this:
HOUSE OF LORDS
COURT OF APPEAL COURT OF APPEAL
CRIMINAL DIVISION CIVIL DIVISION
CROWN COURTS HIGH COURT
Judge 1-3 judges
2 Magistrates COUNTY COURT
Jury Judge and Jury
MAGISTRATES ‘COURT MAGISTRATES’ COURT
3 Magistrates or 3 Magistrates
1 Stipendiary Magistrate
Criminal Civil
It is the Magistrates’ Courts (sometimes called police courts) that try the majority of all criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (also called justices of the peace – J.P.s) who work part-time and are unpaid. The courts consist of between 2 and 7 magistrates. In a few large cities there are also stipendiary magistrates who sit alone and have legal training. County courts are the main civil courts and the Crown Court deals with all the more serious criminal cases. It also hears appeals from magistrates’ courts. The accused has the right to trial by jury. There is the Central Criminal Court in London (the Old Bailey). The High Court hears all those civil cases that cannot be decided by county courts. The Court of Appeal hears both criminal and civil appeals and the House of Lords is the final appellate tribunal. The judges in the House of Lords are the ten “Lords of Appeal in Ordinary” (the “law lords”).
II. Ответьтенавопросы.
1. What are some common features to all systems in the United Kingdom?
2. What do the sources of law include?
3. What cases do the Magistrates’ Courts try?
4. What are the main civil courts?
5. What right does the accused person have?
ВАРИАНТ 21
Political Parties
A political system cannot exist without political parties. The most common definition of a political party is that it is an organization that sponsors and supports candidates for office under its label.
The functions of political parties within a system are numerous. They recruit, nominate and campaign to elect public officials; draw up policy programmes for the government if they are in the majority; offer criticism and alternative policies if they are in opposition; mobilize support for common policies among different interest groups; educate the public about public issues; and provide structure and rules for the society’s political debate. In some political systems ideology may be an important factor in recruiting and motivating party members; elsewhere party members may be united by similar economic interests or social outlook.
There exist various types of party organizations. On the one hand, most of multi-party parliamentary systems in Europe are tightly disciplined organizations run by full-time professionals. On the other hand, in the two-party system of the USA, the two rival Republican and Democratic parties are decentralized organizations which function mainly in Congress and at the state level. This situation changes every four years when national Democratic and Republican party organizations coalesce to mount presidential election campaign.
The election campaigns that are conducted by different political parties are often elaborate, usually time-consuming and sometimes silly. However, the aim of any election campaign is to provide a peaceful and fair method by which the citizens of a democracy can select their leaders and have a hand in determining their own destiny.
II. Ответьтенавопросы.
1. What is the most common definition of a political party?
2. What are the functions of political parties?
3. Are most of multi-party parliamentary systems in Europe tightly disciplined organizations?
4. What are two rival parties in the USA?
5. What is the aim of any election campaign?
ВАРИАНТ 22
DEMOCRACY
Democracy is a powerful system for social and political organization, which has spread around the world and takes many different forms.
Basically democracies are divided into two main types, direct and representative.
In a direct democracy, all citizens, without the intermediary of elected or appointed officials, can participate in making public decisions. This system is only used with small numbers of people. It can be applied in a community organization, tribal council or the local unit of a labour union, where members can meet in a room to discuss issues and take decision by consensus or majority vote.
Ancient, the world’s first democracy practiced direct democracy with an assembly of 5000 to 6000 persons. Modern society, with its size and complexity, can hardly practice direct democracy. Today the most common form of democracy, whether for a town of 50 000 or nations of 50 million, is representative democracy. In this type of democracy citizens elect officials to make political decisions, formulate laws for the public good.
The system of elections for such officials is different.
On the national level legislators are chosen from electoral districts that each elects only one representative. Under a system of proportional representation, each political party is represented in the legislature according to its percentage of the total vote nationwide.
Provincial and local elections can be similar to these national models, or choose their representatives more informally through group consensus instead of elections. Despite the method used, public officials in representative democracy hold office in the name of the people and are accountable to the people for their actions.
All democracies are systems in which citizens freely make political decisions by majority rule. In a democratic society majority rule must be together with guarantees of individual or human rights that serve to protect the rights of minorities (ethnic, political, religious).
Democracy is more than a set of constitutional rules and procedures that determine how a government functions. Democracy includes not only government but also different institutions, political parties, organizations.
II. Ответьтенавопросы.
1. What are two main types of democracy?
2. Can modern societies practice direct democracy?
3. How are legislators chosen on the national level?
4. Who are public officials accountable to?
5. Are the democracies systems?
ВАРИАНТ 23
ВАРИАНТ 24
APPELLATE COURTS
The tribunals described are trial courts or "courts of first instance." They see the parties, hear the witnesses, receive the evidence, find the facts, apply the law, and determine the outcome.
Above them are appellate courts that are usually collegiate bodies, consisting of several judges instead of the single one who usually presides over a trial court. The jurisdiction of the appellate courts is usually general; specialized appellate tribunals handling, for example, only criminal appeals or only civil ones are rare, although not unknown. Their functions are those of reviewing the work of trial courts and of correcting their errors.
Appellate review is not automatic. It must be sought by some party aggrieved by the judgment in the court below. For that reason, and because an appeal may be both expensive and useless, there are far fewer appeals than trials and, if successive appeals are available, far fewer second appeals than original ones. Judicial systems are organized on a hierarchical basis: at the bottom are numerous trial courts scattered throughout the nation; above them are a smaller number of first-level appellate courts, usually those organized on a regional basis; and at the apex is a single court of last resort.
There are basic types of appellate review. The first one consists of a retrial of the case, with the appellate court hearing the evidence for the second time, making fresh findings of fact, and in general proceeding in much the same manner as the court that originally rendered the judgment.
The second type of review is based on a record compiled in the court below of the evidence received and the findings made there. The reviewing court has the power to rehear the same witnesses again or to supplement their testimony by taking one additional evidence, but it need not do so, being content to rely on the record already made in reaching its own findings of fact and conclusions of law.
II. Ответьтенавопросы.
1. What are trial courts responsibilities?
2. Is there only one judge in appellate court?
3. What are the functions of appellate courts?
4. Is appellate review automatic?
5. What does the first type of appellate review consist of?
ВАРИАНТ 25
MODERN PRISONS
Modern prisons are quite diverse, but it is possible to make some generalizations about them. In all but minimum-security prisons, the task of maintaining physical custody of the prisoners is usually given the highest priority and likely to dominate all other concerns. Barred cells and locked doors, periodic checking of cells, searches for contraband, and detailed regulation of inmates’ movements about the prison are all undertaken to prevent escapes. In order to forestall thievery, drug and alcohol use, violent assaults, rapes, and other types of prison crime, the inmates are subjected to rules governing every aspect of life; these do much to give the social structure of the prison its authoritarian character.
The need to maintain security within prison has prompted many countries to separate their penal institutions into categories of maximum, medium and minimum security. Convicted offenders are assigned to a particular category on the basis of the seriousness or violent nature of their offence, the length of their sentence, their proneness to escape, and other considerations. Within a prison, the inmates are often classified into several categories and housed in corresponding cellblocks according to the security risk posed by each individual. Younger offenders are usually held in separate penal institutions that provide a stronger emphasis on treatment and correction.
Prisons