Эксперт

Сергей

Задать вопрос

Мы готовы помочь Вам.

1. INTRODUCTION TO LAW: BASIC TERMS

Part A

The following terms introduce you to the law and basic legal terminology. Below are the definitions. Match the definition with each term.

1. members of the legal profession G                                            a) prosecutor
2. to rule a society and control the behaviour of its members B b) govern
3. the branch of law dealing with crime F                                 c) barrister
4. person who institutes a criminal case A                                 d) defendant
5. person who makes a claim in a civil case H                                 e) solicitor
6. panel of 12 people who decide

whether the accused committed a crime      J                                              f) criminal law

7. lawyer who presetns a case to a higher court C g) lawyers
8. lawyer who advises clients E                                                         h) plaintiff
9. person against whom a civil case is brought D                                 i) contract
10. a legal agreement between two or more parties I                                  j) jury

Part B

The words in this exercise are used a lot in the legal profession.Choose the right variant.

1. A case which is being heard by a committee, tribunal or court of law.
2. A) judiciary B) legislation C) pupilage D)hearing
3. To find that someone is guilty of a crime.
4. convict B) fine C) prosecute D) accuse
5. Failure to carry out the terms of an agreement.
6. A) hearing B) breach C) arrest D) prosecute
7. To ask a high law court to change its decision or sentence.
8. A) accuse B) arrest C) fine D)appeal
9. To say that someone has committed a crime.
10. accuse B) arrest C) fine D) commit
11. A legal agreement between two or more parties.
12. A) prosecution B) contract C) damages D) defence
13. A group of 12 citizens who decide whether or not someone is guilty in a trial.
14. A) solicitors B) judges C) jury D) barristers
15. A written or spoken statement of facts which helps to prove or disprove something at a trial.
16. evidence B) agreement C) legislation D) pupilage
17. To order someone to pay money as a punishment.
18. A) fine B) arrest C) commit D) convict

1. TYPES OF COURTS

Courts can be distinguished with regard to the type of cases they hear. Choose the right type of court according to the explanation of what happens there.

1. This is where cases involving a limited amount of money arehandled.
2. A) moot court B) high court (or supreme court)
3. C) lower court (or court of first instance) D) small-claims court
4. This is where serious criminal cases are heard by a judge and ajury in the UK.
5. A) crown court B) court of Justice of the European Communities
6. C) court (or supreme court) D) lower court (or court of first instance)
7. This is where a group of specially chosen people examine legalproblems of a particular type, such as employment disputes.
8. A) high court (or supreme court) B) lower court (or court of first instance)
9. C) appellate court (or court of appeals. appeals court) D) tribunal
10. This is usually the highest court in a jurisdiction, the court oflast resort.
11. A) small-claims court B) magistrates’ court
12. C) high court (or supreme court) D) lower court (or court of first instance)
13. This court can overrule all other courts on matters of Community law.
14. A) court of Justice of the European Communities B) moot court
15. C) crown court D) lower court (or court of first instance)

• PEOPLE IN THE LAW

Complete these paragraphs withwords or expressions from the box.

Judges:

1. appointed
2. misconduct
3. Parliament
4. political
5. practise
6. Recorders
7. solicitor

In England, judges are 1) ******* by the Lord Chancellor*. The minimum requirement is that one should be a barrister or 2) ******* of ten years’ standing. The majority of judges are barristers, but they cannot 3) ******* as barristers. 4) ******* are practising barristers who act as judges on a part-time basis. The appointment of judges is not a 5) ******* appointment, and judges remain in office unless they are found guilty of gross 6) *******. Judges cannot be Members of 7) *******. **

The jury:

1. accused
2. biased
3. challenged
4. criminal
5. electoral register
6. eligible
7. inquests
8. jurors
9. libel
10. verdict
11. jury service

Juries are used in 1) ******* cases, and in some civil actions, notably actions for 2) *******. They are also used in some coroner’s 3) *******. The role of the jury is to use common sense to decide if the 4) ******* should be for or against the 5) *******. Members of a jury (called 6) *******) normally have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name appears on the 7) ******* and who is between the ages of 18 and 70 is 8) ******* for 9) *******. Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness. People who are excused jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be 10) ******* if one of the parties to the case thinks they are or may be 11) *******.

* The Lord Chancellor is the member of the British government and of the cabinet who is responsible for the administration of justice and the appointment of judges in England and Wales. At the time this book was published, the role of Lord Chancellor was to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs.

** Note that in the USA, state judges can be appointed by the state governor or can be elected; in the federal courts and the Supreme Court, judges are appointed by the President, but the appointment has to be approved by Congress.

1. VOCABULARY: COMPANY LAW

These sentences deal with company formation and management. In each case, choose the correct word or phrase to complete them.

1. The constitution of a company a) comprises b) consists c) contains of two documents.
2. The memorandum of association a) states b) provides for c) sets up the objects of the company and details its authorised capital.
3. The articles of association contain a) arguments b) provisions c) directives for the internal management of a company.

1. LABOUR LAW

Arrange the paragraphs to make the whole text. It is the end of the text «LABOUR LAW» (the beginning is in the Test I. Part B. V. LABOUR LAW)

1. a) The central concept in collective labour law is «collective bargaining» which means negotiations between employers and employees(who are usually represented by a labor union) about terms and conditions of employment.
2. b) According to collective labour law a trade union may be defined as a combination of workmen whose principal object is collective bargaining. As everyone knows, the legal control of trade unions is the subject of political debate. The pivotal questions are concerned with creation, recognition and de-recognition of a trade union.
3. c) The bargaining process is concerned with matters relating to working conditions: i.e. wages, working hours, job security, safety regulations, extended vacations, educational and maternity leave, housing, health insurance, unemployment compensation, and perhaps most important, carefully monitored grievance procedures to protect workers against any arbitrary Any or all of these may be the subject of consideration. When agreement cannot be reached, a union may conduct a strike against the employer.
4. d) Besides representatives of management and trade unions, private mediators and government officials sometimes participate in collective bargaining, especially when a major or vital industry is involved. Collective bargaining, which began in Great Britain in the 19th century, is now a crucial part of the labor union movement and an accepted practice in many industrial nations.
5. e) Legal immunities of trade unions currently include:

• protection against action for conspiracy;
• protection for peaceful picketing;
• provision prohibiting any court from ordering someone to work;
• protection for persons inducing breaches of contracts of employment in contemplation or furtherance of a trade dispute.