UNIT 14 : Английский язык для юристов - Александр Яковлевич Зеликман : Книги по праву, правоведение

UNIT 14

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Фонетика: sounds [D], [d], [Z], [z]

Словообразование: сложные прилагательные типа judgemade

Грамматика: выделительный оборот It is ... that; сравнительная конструкция the ... the

Текст: «Steve tells about English system of law»

14.1. Sound right

14.1.1. Listen, look, say. Pay attention to the difference between the sounds [6] and [d] (as in «their» and as in «dare».)

I

A. May we play in the mud. Mother?

B. Don't you dare play there!

A. Father doesn't mind if we play in the mud,

Mother. B. Father doesn't wash the dirty clothes, dear.

II

A. I'm the daughter. Then there's Father and

Mother and my two brothers. B. I'll write that down. A. And then there's Dennis, Doctor. B. Dennis?

A. Dennis is the dog. B. Oh, the dog.

A. That's D-E-N-N-I-S! Dennis, Doctor.

B. Dennis — yes, I've got that down. Er ... now ... emm.

14.1.2. Listen, look, say. Pay attention to the intona­tion.

14.1.3. Read the dialogues in pairs.

14.1.4. Listen, look, say. Pay attention to the difference between the sounds. ([Z] as in measure, [D] as in rather, [z] as in does)

I

A. But how can you measure pleasure?

B. You can measure anything.

A. But pleasure's ... immeasurable.

B. It's not immeasurable.

A. And if it were measurable than it wouldn't be half so pleasurable.

II

A. Who's that, over there?

B. Oh, that's Sir Basil. He's the Club Treasurer.

A. I see.

B. He's come to watch television.

A. And does Sir Basil always sleep when televi­sion's on?

B. Usually he does.

A. Ah.

B. And occasionally he snores. Rather noisily.

A. Yes.

B. As you must have noticed.

14.1.5. Listen, look, say. Pay attention to the intona­tion.

14.1.6. Read the dialogues in pairs.

14.2. Word-building

(Compound adjectives)

14.2.1. Translate the following compound adjectives:

tobacco-stained fingers, a linoleum-covered floor, university-trained engineers, a hand-written note, a tailor-made suit, lamp-lit pavements, wind­blown leaves, carpet-covered floor, a dog-bitten boy.

14.2.2. Make compound adjectives according to the following word combinations. Translate them.

covered with clouds, painted by hand, fed with milk, shaded with trees, made by machine, filled with water, driven by wind, educated at Har­vard.

14.2.3. Translate into Russian:

1. Her hands were work-reddened. 2. A dust-and-mud-stained car was parked beside a store. 3. The two women didn't seem troubled by her tear-stained face. 4. He looked up at the glass-enclosed balcony. 5. The convoy was composed of five American-made army trucks.

14.3. Full understanding

14.3.1. Смотрите, слушайте, повторяйте:

professional statute ['st{tjüt], precedent [presId@nt], process ['prouses], analogy [@'n{l@³I], scheme [skÖm], magistrate ['m{³IstreIt], appeal, central, final [faInl], appellate [@'pelIt].

* 14.3.2. Смотрите, слушайте, повторяйте, запомните:

New words:

to do everything possible — сделать все возможное

judicial [³ü'dIS@l] — судебный

civil law — гражданское право

criminal law — уголовное право

common law — общее право

judgement — судебное решение

to draw — рисовать

to try — разбирать в судебном порядке

lay — непрофессионал

justice of the peace — мировой судья

county — графство

crown — королевский

accused [@'kjüzd] — обвиняемый

trial [traI@l] — судебное разбирательство

jury [³u@rI] — присяжные

Geographical and proper names:

United Kingdom, Wales, Scotland, North­ern Ireland, Old Bailey, High Court, Court of Appeal.

School vocabulary:

to remember, word, March, to listen to, case, to mean, way, to sit, main, early.

* 14.3.3. Прочитайте и переведите:

Steve tells about English system of law

Do you remember that Steve promised Pete to come to Rostov? Steve's the man of his word. It was by the end of March when Steve had arrived in Rostov and he had only a few days at his disposal. Pete and Nell did everything possible to show him the sights of Rostov. «The more I see your city the more I like it». — Steve used to say. And in the evening they were having long and interesting talks. In their talks they often touched their professional subjects. And the longer they talked the more things they wanted to discuss. One of these evenings Steve told them about English law and English judicial system. Would you like to listen to his story?

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. We also call the common law as «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. (And Steve drew such scheme of court system.)

HOUSE OF LORDS

COURT OF APPEAL                           COURT OF APPEAL

CRIMINAL                           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»).

14.3.4. Предположим, что вы — следователь. Утверж­дения подозреваемого не согласуются с фак­тами, имеющимися в вашем распоряжении. Уличите его, сообщая ему эти факты. (Исполь­зуйте конструкцию «It is ... that ...».)

Model: S. I came home at 10.

I. It was at 11.30 when you came.

1. I met her yesterday at that time.

2. I was at home at that time.

3. First I went to the cinema.

4. I usually take 6.30 train.

5. I think I saw John there.

6. I'm to meet him tomorrow at 6.

7. I only took 10 roubles.

8. Tommy told me about this flat.

14.3.5. В тексте есть несколько предложений с кон­струкцией «It is ... that». Найдите их и переведите.

14.3.6. Используя усилительную конструкцию, оха­рактеризуйте в 2-3 предложениях вашего партнера. Model: It's the sweets that she likes most of all.

14.3.7. Нелли не очень хорошо поняла рассказ Стива. Пытаясь пересказать его своим коллегам на работе, она сделала несколько ошибок. Поправьте ее ошибочные утверждения с помо­щью конструкции «It is ... that ...».

1. Written law is the only source of English law.

2. The English judges only use statutes in trying cases.

3. The High Court tries the majority of all criminal cases.

4. There are stipendiary magistrates everywhere in England.

5. County Courts are the main criminal courts.

14.3.8. Скажите по-английски. (Используйте конструк­цию «It is ... that ...».)

1. Только в марте я вспомнил о своем обещании. 2. Именно это судебное решение было для него главным. 3. Суд короны рассматривает в ос­новном серьезные уголовные дела. 4. Именно общее право является одним из главных ис­точников английского права. 5. Именно миро­вые судьи рассматривают большинство уголов­ных и некоторые гражданские дела. 6. Именно защитник сделал все возможное, чтобы выяс­нить всю правду об обвиняемом.

14.3.9. В тексте есть несколько предложений со срав­нительной конструкцией «the...the...». Найдите их и переведите.

14.3.10. Предположим, что вас просят охарактеризовать студентов вашей группы. Попытайтесь сделать это, используя конструкцию «the ... the».

14.3.11. Вы не соглашаетесь с утверждением вашего преподавателя. Не забывайте начинать ваше возражение со слов «I'm sorry you are wrong», «I can't agree with you».

1. The harder you work the less you know.

2. The more you eat the thinner you grow.

3. The less you walk the healthier you are.

4. The more you speak English the worse you know it.

5. The better the weather the worse your mood is.

6. The longer you stay after classes the luckier you feel.

*14.3.12. Скажите по-английски:

1. Чем больше я его слушаю, тем больше мне нравится его лекция. 2. Чем раньше ты придешь, тем лучше. 3. Чем лучше ты нарисуешь схему, тем лучше я пойму тебя. 4. Чем скорее закончится этот процесс, тем лучше. 5. Чем выше суд, тем более серьезные апелляции он рассматривает. 6. Чем лучше подготовка судей, тем меньше ошибок они допускают.

14.3.13. Какая группа сочинит лучший рассказ? Используйте новые слова. Время — 5 мин.

14.3.14. Соотнесите названия судов (слева) и их юрисдикцию (справа)

1. Magistrates'                      a) hears all civil cases that cannot be

Courts                                         decided by county courts;

2. County Courts b) is the final appellate tribunal;

3. Crown Courts                   c) the main civil courts;

4. High Court                        d) try the majority of all criminal ca-

5. Court of Appeal               ses and some civil cases;

6. House of Lords                e) hears both criminal and civil appeals;

f) deals with all the more serious criminal cases.

14.3.15. Петр уверен, что нет разницы между понятиями «justice of the peace» и «stipendiary magis­trates». А как вы думаете?

14.3.16. Некоторые наши студенты не могут понять, что означает рассмотрение судебных дел по аналогии. Помогите им и объясните, что это такое.

* 14.3.17. Предположим, что вас попросили рассказать об английской судебной системе. Но у вас есть только схема. Достаточно ли вам будет только схемы для вашего рассказа?

* 14.3.18. Когда Стив рассказывал свою историю, он пользовался планом, хотя он никому его не показывал. Мы уверены, что вы сможете воссоздать его план.

14.4. Practice in communication

(Belief and Disbelief)

*14.4.1. Read and try to remember:

Belief                                                      Disbelief

I can quite (well) easily                       I don't/can't believe it.

believe it/that.                                       It can't be true.

(Of course) I believe it.                        Surely not!

You can't expect me to believe

that.

You must be joking.

You are not serious.

14.4.2. Express belief or disbelief in the following state­ments:

1. I speak ten languages fluently.

2. I've never told a lie in my life.

3. I never get up late.

4. I haven't got any money.

5. I love you.

Someone makes these statements. You express belief or disbelief.

14.4.3. Read the following dialogue and then try to dramatize it.

A. We scored six goals.

B. Sure.ly not!

A. And I scored three of them.

B. You are not serious.

A. We had extra time of course.

B. I can quite believe that.

14.4.4. Complete the following dialogue as you wish using some of the expressions you have learned.

A. I only need four hours sleep.

B. ...

A. Sometimes even less.

B. ...

A. The less I sleep the better I feel.

B. ...

A. And the more I sleep the less I work.

B. ...

14.5. General understanding

14.5.1. Read the text. Try to understand it and be ready to answer the questions.

The man who escaped

(Episode 14)

1. When Masters pulled out the automatic, Kate was standing between him and Coke. She could see that he was almost hysterical and was probably going to shoot.

«It's you, Coke!» he burst out and came nearer. Kate was standing in his way now and he put out a hand to push her away. Coke could hardly believe his eyes. One moment Masters was pointing a pistol at him and the next he was lying on the floor; gasping for breath. Kate had thrown him over her shoulder. «I once played a police­woman in a film and I had to learn some judo», she said rather casually and looked down at Masters.

2. Masters groaned. He, too, could hardly believe what had happened. It all seemed incredible. He shook his head. He decided that it was probably a nightmare, a horrible dream. «And now that you're here, perhaps you wouldn't mind answering some questions». Coke said. Masters groaned again. «Questions? What questions?» he mum­bled. «I want you to tell me everything that happened that evening you sent me to Epping Forest», Coke said in a low voice. Masters now realised that it was not a dream. «I don't know what you are talking about», Masters answered. «I think you do», Coke said. «You can't make me tell you anything!» Masters waited to see what Coke was going to do next. He couldn't take his eyes off the automatic in Coke's hands. «I'll give you five seconds to begin answering my questions. Then I'll shoot», Coke answered and pulled back the safety-catch. The pistol was now ready to fire. Then he began counting.

3. «But I know nothing!» Masters protested. Coke had already raised the pistol and simply said, «One!» Masters said nothing. «Two!» Coke brought the pistol nearer. «You can't frighten me!» Masters shouted. «Three!» Masters saw Coke had already taken aim. «How can I tell you something I don't know?» Masters demanded. «Four». Masters watched Coke's finger beginning to press the trigger. «All right, all right, I'll tell you anything you want, but for God's sake, put the pistol down!» Masters gasped.

14.5.2. Choose the correct answer. Don't use the text.

1. Kate managed to throw Masters down be­cause...

a) she was very strong;

b) she learned judo;

c) Coke helped her.

2. Coke wanted to know...

a) why Masters had a pistol;

b) why Masters had come;

с) why Masters had sent him to Epping Forest.

3. Masters agreed to tell everything because...

a) Coke was going to shoot;

b) he knew something;

c) Coke told him to do it.

14.5.3. Answer the teacher's questions.

1. What could Kate see?

2. What did she do?

3. What did Masters think?

4. What did Coke want Masters to tell?

5. How much time did Coke give Masters to think?

6. Did Masters agree to tell what Coke wanted him to?

14.5.4. Compose the plan for this part of the story.

14.6. Scanning practice

14.6.1. Read the questions. Be sure you've got them well in mind.

1. Who was Mr Aristos Constantinou?

2. When and where the murder was committed?

3. What are the police looking for?

4. How many intruders were there according to the police?

14.6.2. Start scanning the text. Don't fail to note your time.

Burglary theory after wealthy businessman is shot dead

A big police investigation was under way in north London after a wealthy businessman died when intruders broke into his luxury home.

Mr. Aristos Constantinou, aged 40, was shot a number of times after he and his wife Elena arrived home at their detached house in the Bishop's Avenue, Hampstead, after a New Year party.

Detectives were waiting to interview Mrs. Constanti­nou, who is in the twenties, to discover what happened in the house at about 1.30 in the morning. The house was empty apart from Mr. and Mrs. Constantinou, whose three children were staying with friends for the night.

Police believe the intruders were burglars and discount any connection between the shooting and Mr. Constantinou's Cypriot origin. A police spokesman said that although a full inventory was not complete some cash is thought to be missing.

The police need to discover whether the couple came home and chanced upon the intruders, whether the intruders broke in after the Constantinous had arrived home and whether there was an attempt to force the couple to reveal the whereabouts of jewellery and cash.

The dead man was an extremely wealthy dress manu­facturer with offices in London's West End. His home is in one of the most expensive roads in London.

Running up to the Kenwood estate in Hampstead, the road is known locally as «Millionaire's Row». Many of the houses are large, detached buildings with elaborate security precautions. Many foreign families live in the area.

The investigation is being headed by Det Sup Robert Green, who has set up a squad of detectives at Finchley police station. The police are looking for witnesses who may have seen anything suspicious in the area of Hamp­stead Heath between midnight and 1.45 a.m.

It is likely that the intruders had a car nearby, but police have not disclosed any sightings.

A Scotland Yard spokesman said the victim was shot «several times» but he refused to say what type of gun was used. «There were signs of forced entry to the house and first indications suggest there were two intruders» he said.

(255 words)

14.6.3. Answer the questions in 14.6.1.

14.7. Listening practice

14.7.1. Look at the following questions. You'll have to answer them after listening to the text.

1. Why didn't one of them like living in London?

2. Why do people sleep in parks?

3. Why does the other man prefer big cities?

4. Why do young people go to London?

14.7.2. Listen to the dialogue.

14.7.3. Answer the questions in 14.7.1.

14.7.4. Look through the list of words. They will help you to understand the text.

accident — случайный

fault — вина

pain — боль

fragile — хрупкий

compassion — сочувствие

sensible.—. разумный

consent — согласие

disturb — беспокоить

14.7.5. Listen to the dialogue. Be ready to give the contents of it.

14.7.6. Tell the contents of the dialogue as close to the text as possible.

14.8. Time for fun

14.8.1. Read and translate the following jokes:

1. Old lady: And what is your name, my good man?

Convict: 999.

Old lady: Oh, but that's not your real name.

Convict: No, that's only my pen name.

pen-name — псевдоним (литерат.)

pen (slang) — тюрьма

2. Some women take up the law and become lawyers. Others lay down the law and become wives.

take up the law — заняться изучением права.

lay down the law — устанавливать закон

3. He: «All women are divided into three classes: the looked at, the looked over and the over­looked».

She: «Really? And so are men: the intelligent, the handsome and the majority».

14.8.2. Do you know that...

The English language is said to contain 490,000 words and 300,000 scientific terms. About 80,000 words are theoretically in use and this includes archaic legal jargon. It is said that William Shakespear used about 29,000 words in his works; an average English-speaking person uses several thousand; a poorly educated person can do with as little as 1,000 words in his everyday life.

* 14.8.3. Try to read and translate the poem. Pay special attention to the pronunciation of the underlined words.

Our queer language

I think you already know

Of though and bough and cough and dough

Others may stumble, but not you

On hiccough, thorough, tough and through.

Well done! And now you wish, perhaps,

To learn of less familiar traps?

Beware of heard, a dreadful word

That looks like beard and sounds like bird.

And dead; it's said like bed, not bead—

For goodness' sake don't call it deed!

Watch out for meat and great and threat—

They rhyme with suite and straight and debt.

A moth is not a moth in mother,

Nor both in bother or in brother.

And here is not a match for there.

Nor dear and fear for bear and pear.

And there's dose and rose and lose—

Just look them up—and goose and choose,

And cork and front and card and sword.

And font and front and word and sword.

And do and go and thwart and cart—

Come, come, I've hardly made a start!

A dreadful language? Man alive,

I'd mastered it when I was five!


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