Файл: English e-version.pdf

3. articled clerk — служащий конторы солиситора, выпол­ няющий свою работу в порядке платы за обучение профессии солиситора

Упражнение 1. Составьте словосочетания глаголов из колонки А и суще­ ствительных из колонки В.

Упражнение 2. Назовите 5 словосочетаний со словами law и legal.

Упражнение 3. Заполните пропуски.

1. ... is а general term for а member of the legal profession, e.g. a judge, barrister, solicitor, law teacher, etc. 2. The common pur­ pose of a barrister and a solicitor is to provide professional service and advice on legal... 3. Barrister is a lawyer who can speak and ...

a case in one of the higher courts. 4. Attorneys are persons who are legally allowed to act on ... of someone else. 5. Solicitors may now have a right of... in certain courts. 6. At present a solicitor may choose any ... to advise his client or to appear for the client in court. 7. ... is a clerk who has passed the examination to become a solicitor but has to work in a solicitor's office for some years to learn the law. 8.... means protected by privilege, e.g. a letter from a client to his lawyer. 9. Jurors are members of a ... 10. Jurist is an ex­ pert in ... 11. Jurisprudence is science and philosophy of human ...

Упражнение 4. Заполните пропуски следующими словами: legal, legally, legalize, legalization.

1. To ... is to make something legal. 2. To sue means to take ...

action against someone in a civil court. 3. The directors of large commercial enterprises are ... responsible. 4. The ... of labour rela­ tions is reflected in the law of employment.

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Упражнение 5. Заполните пропуски синонимами или словами, близкими по значению.

Упражнение 8. A. Назовите 20-25 ключевых слов и словосочетаний на тему «Professional titles in legal systems».

В. Speak about:

How to become a lawyer in different countries.

SUPPLEMENTARY TEXTS

To be read after Text 2

Computer crime

Computers can be used to commit all kinds of crimes. It is sug­ gested that one could commit murder by computer if one hacked

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into an air-traffic controller's computer system and caused aero­ planes to crash, with the intent^ to kill the passengers. Not surpris­ ingly crimes that specifically relate to computers are relatively recent creations of statute.

Some specific computer crimes are set out in the Computer Misuse Act 1990. It is designed to protect information kept on computers. There are three particular reasons why such informa­ tion needs protection by the criminal law. Firstly it is said to be very hard to safeguard information stored on a computer, particu­ larly as often the information is intended to be accessed by a num­ ber of authorized people. By contrast information on paper can be kept in a safe or other secure^ place. Secondly the ease of destroy­ ing or corrupting data on a computer means it deserves^ special protection, particularly as it is not always possible for the owner of the computer to realize that the data have been looked at. Thirdly the highly confidential"* nature of the kind of information kept on computers (often concerning many members of the public) is such that it needs particular protection.

The act prohibits^ «hacking», i.e., gaining^ unauthorized access to computer material. The offence is committed if a defendant is en­ tering the computer just to see what he can find. The Act also con­ tains a more serious offence of doing this with the intent to commit another offence. The most common example is likely to be a decep­ tion (обман) offence or theft. A defendant who obtained data which he intended to use in the future to commit an offence of obtaining property by deception will still be guilty of the more serious offence.

There is also an offence of modifying computer material in an unauthorized way. This section is clearly aimed at people who alter^ computer data with intent to corrupt a program. The intent does not need to be directed towards any particular computer or data. Modification is defined as including removal of any program or data on a computer and includes adding to the contents or erasing^ them.

It also includes temporary^ modification. It would appear to cover sending someone a disc with a virus on it that was intended to damage the working of the computer.

It is possible to be guilty of criminal damage of computers if there has been a physical change to some components of the com­ puter.

Notes to the Text

1.(legal) puфose, intention

2.safe

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3.have a right to

4.(to be kept) secret

5.say that smth. must not be done (by rules of regulations)

6.obtain

7.change

8.removing

9.lasting for a short time only

To be read after Text 3

The Jury

The jury has a long history within the English legal system, al­ though its role has changed significantly during that time. Ori­ ginally, members of the jury were witnesses^ Today, they are a group of twelve ordinary people with no special knowledge, chosen at random to act as impartial^ judges of the facts of a case. In a jury trial, the jury is advised by the trial judge on the relevant^ law; that is, the judge's function is to explain the law to the jury and ensure that the trial is conducted according to the rules of procedure and evidence. The function of the jury is then to apply the law to the facts and then decide, in criminal cases, whether the defendant is guilty or not guilty and, in civil cases, whether the defendant is lia­ ble to the plaintiff. The decision of a jury is called a verdict^. The juries do not need to give reasons for their verdict. In civil cases the jury will also decide on the amount of damages to be awarded to the plaintiff.

«Shadow» («теневой») juries are sometimes used to research the adequacy of the jury system; a random group of twelve people sits in the court and hears a case and reaches a verdict which is then compared to the verdict of the real jury.

Although the jury continues to have much symbolic importance in the English legal system, in practice its role has been greatly dimished^ over recent years.

Notes to the Text

1.a person who gives evidence in court

2.just, fair; not favouring one side more than the other

3.(closely) connected with what is being discussed, done, etc.

4.decision reached by a jury

5.make or become less

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То be read after Text 4, 5

Judges

Judge is a public officer with authority to hear and decide cases in a law court. In the British system of law judges are chosen from lawyers who have gained considerable experience as legal practitio­ ners before being appointed to the judiciary.

Judges must be independent of the parties to a dispute (this en­ sures a fair and just trial). They must be independent of the execu­ tive. This enables the judges to exercise control over government action. Judges must be free of any political bias (пристрастность, предубеждение).

Most of the work of the judges is judicial in the sense that they have to adjudicate upon disputes. To do this they are required, im­ partially, to find the facts based on the evidence presented to the court, to apply the law to the facts and then to give the right deci­ sion. Their role is therefore limited to ensuring that there is a fair trial, reaching a decision on the fact as presented to them and ap­ plying this to the law.

Judges do not investigate the cases they are trying but they do not play a completely passive role; they may, sometimes, question witnesses and they must ensure that the trial is conducted accord­ ing to the rules of procedure and evidence.

ТЕРМИНОЛОГИЧЕСКИЙ СЛОВАРЬ

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