Файл: Metodi4ka.doc

1. appellate court (or court of appeals, appeals court)

2. crown court

3. high court

4. juvenile court

5. lower court (or court of

first instance)

6. magistrates’ court

7. moot court

8. small-claims court

9. tribunal

1. This is where a person under the age

of 18 would be tried.

2. This is the court of primary jurisdiction,

where a case is heard for the first time.

3. This is where small crimes are tried in

the UK.

4. This is where law students argue

hypothetical cases.

5. This is where a case is reviewed which

has already been heard in a lower court.

6. This is where cases involving a limited

amount of money are handled.

7. This is where serious criminal cases are

heard by a judge and a jury in the UK.

8. This is where a group of specially chosen

people examine legal problems of a

particular type, such as employment disputes.

9. This is usually the highest court in a

jurisdiction, the court of last resort.

Persons in court

8. Complete this diagram with the words and definitions below.

1. expert witness

2. appellant

3. person who is sued in a civil lawsuit

4. officer of the court whose duties include keeping order and assisting the judge and jurors

5. person who pleads cases in court

6. hypothetical person who uses good judgment or common sense in handling

7. practical matters; such a person’s actions are the guide in determining whether an individual’s actions were reasonable

Listening_______________________________________________________

9. 1.1 Listen to a lawyer telling a client about some of the documents involved in his case and answer these questions.

1. What claim has been filed against the client?

2. Will the case go to trial?

10. Match these documents with their definitions.

1. affidavit

2. answer

3. brief

4. complaint

5. injunction

6. motion

7. notice

8. pleading

9. writ

1. a document informing someone that they will be

involved in a legal process and instructing them what they must do

2. a document or set of documents containing the details

about a court case

3. a document providing notification of a fact, claim or

proceeding

4. a formal written statement setting forth the cause of

action or the defence in a case

5. a written statement that somebody makes after they

have sworn officially to tell the truth, which might be used as proof in court

6. an application to a court to obtain an order, ruling or

decision

7. an official order from a court for a person to stop

doing something

8. in civil law, the first pleading filed on behalf of a

plaintiff, which initiates a lawsuit, setting forth the

facts on which the claim is based

9. the principal pleading by the defendant in response to

a complaint

11. 1.1 Listen again and tick the documents that the lawyer mentions.

1. answer  2. affidavit  3. brief  4. complaint  5. injunction 

6. motion  7. notice  8. pleading  9. writ 

12. Match each verb used by the lawyer with its definition.

1. to draft a document

2. to issue a document

3. to file a document

with an authority

4. to serve a document

on someone

5. to submit a document

to an authority

1. to deliver a legal document to someone, demanding that they go to a court of law or that they obey an order

2. to produce a piece of writing or a plan that you intend to change later

3. to deliver a document formally for a decision to be made by others

4. to officially record something, especially in a court of law

5. to produce something official

__________________________________________________________________

FAMILY LAW. CONTRACT LAW

Pre-reading tasks____________________________________________________

1. Give examples from your country (different countries) of how the family

is given special legal consideration.

2. Match the following English words and expressions with their

Ukrainian equivalents:

1. welfare of children

2. loan

3. aggrieved person

4. to be infringed

5. criminal offence

6. terms

7. trademark

8. reward for the efforts

   1. кримінальний злочин

   2. особа, яка понесла збитки

   3. винагорода за зусилля

   4. торгова марка

   5. позика

   6. добробут дітей

   7. бути порушеним

   8. умови

Reading tasks______________________________________________________

Read the text to understand what information is of primary importance or new for you.

Note on the text:

Tort — делікт, цивільне правопорушення

CIVIL LAW

(FAMILY, CONTRACT, INTELLECTUAL PROPERTY)

The civil law covers cases related family, property, contracts and non-contractual wrongful acts suffered by one person at the hands of another (torts). Family law includes the laws governing marriage, divorce and the welfare of children; the law of property governs ownership, disposal of property on death, etc.; the law of contract regulates, for instance, the sale of goods, loans, partnerships, insurance and guarantees.

Civil proceedings are started by the aggrieved person. As a private matter, they can usually be abandoned or ended by settlement between the parties at any time. In many cases, parties to a dispute settle their differences through their lawyers before the trial stage is reached.

Family law is divided into public and private law cases. Public law cases involve local government and other public authorities and include matters such as care of children. Private law cases involve divorce proceedings, etc.

Most court cases involving children concern private disputes between parents — often after separation.

Torts include wrongs such as negligence, defamation, etc. If these legal rights have been infringed, a plaintiff can sue for compensation. One of the most important tort actions is that for negligence, when a person fails to live up to an expected standard of care and someone is injured as a result. This can cover physical damage or financial loss.

A contract is an agreement between two or more parties, which is enforceable by law. A valid business contract, for instance, must involve an offer to supply goods or services, consideration (the price to be paid) and acceptance by the purchaser. The offer may be revoked at any time before acceptance but it must be communicated to the purchaser. Acceptance of an offer must mean agreement entirely with the terms of the offer, and the terms must be sufficiently detailed. In addition, the object of the contract must not be illegal; it is against the law for two people to make a deal between themselves if this involves a criminal offence.

An example of a contract is the purchase of goods in a shop. If the goods purchased turn out to be shoddy, the purchaser can sue the seller in the civil courts usually for damages. Conversely, if the ownership of |goods passes to the purchaser and they are not paid for, the seller can sue for the price of goods. Similarly, an employer is bound to pay an employer for work done; if he or she fails to do so, a breach of contract action can take place.

Intellectual property laws reward the creators of original works by preventing others from copying, performing, or distributing those works without permission. They also provide incentives for people to produce scientific and creative works that benefit society at large. Some types of intellectual property are automatically protected by law from the moment of their creation. Other types require a specific grant of rights from a government agency before they may be protected by law. Nearly all nations have laws protecting intellectual property. The principal types of intellectual property are patents, copyrights, and trademarks. Patent law protects inventions that demonstrate technological progress. Copyright law protects a variety of literary and artistic works, including paintings, sculpture, prose, poetry, plays, musical compositions, dances, photographs, motion pictures, radio and television programs, sound recordings, and computer software programs. Trademark law protects words and symbols that serve to identify different brands of goods and services in the marketplace.

Intellectual property differs from other forms of property because it is intangible, a product of the human imagination. Because intellectual property is intangible, many people may use it simultaneously without conflict. For example, only one person can drive a car at a time, but if an author publishes a book, many people can read the work at the same time. Intellectual property is also much easier to copy than it is to create. It may take many months of work to write a novel or computer program, but with a photocopy machine or a computer others could copy the work in a matter of seconds. Without intellectual property laws, it would be easy to duplicate original works and sell them for very low prices, leaving the original creators without any chance to secure economic rewards for their efforts. The legal system avoids this problem by making it against the law to reproduce various forms of intellectual property without the permission of the creator.

UNDERSTANDING MAIN POINTS____________________________________

3. Divide the text into logical parts and supply a title for each of them.

4. Find in the text and decide from the context what the word could mean, then choose the appropriate definition.

a) family law – makes it illegal for others to manufacture or use the

invention without permission.

b) defamation – is usually owned by the creator of the work- the

writer, painter or musician- but like other property,

it might be passed to someone else.

c) breach of contract – is a wrongdoing for which a private citizen

(or company) is sued by another private person.

d) damages – is the aggrieved party that starts criminal

proceedings.

e) copyright – money paid by one party of a legal action

(usually civil) to compensate the other party for loss

or injury.

f) tort – deals with the family as a special institution,

marriage, the process of divorce, custody of

and responsibility for children.

g) patent – is a tort of saying or writing something which is

untrue and which harms another person’s

good name.

h) negligence – it is called so if one party fails to fulfill his

obligations under the agreement.

i) plaintiff – is a tort consisting of the breach of a duty of care

resulting in damage to the plaintiff, carelessness.

5. PREPOSITIONS. Choose the right preposition in brackets according

to the contents of the sentences ( without, after, of, from, for, by).

1. Literature, computer programs, artistic works cannot be patented, but they

can be protected ... copyright.

2. In most countries, such work is automatically protected when it is created;

there is no need to apply ... or to register copyright.

3. In recent years it has been difficult for intellectual property law to prevent new original works ... copying and to keep pace with technological change.

4. The Laws of intellectual property usually require anyone wanting to copy something to ask permission from the holder... the patent or copyright.

5. In Britain, ... instance, the 1988 Copyright and Patents Act covers a work of music, drama, computer software, ... 50 years after the author’s death.

6. In addition to financial loss a plaintiff sometimes tries to sue ... mental distress caused by the breach of contract.

7. Most legal systems allow a certain amount of copying even ... asking permission.

8. In order to prevent a new scientific discovery ... being copied, it is necessary to apply ... a patent.

6. Insert one of the following words into the text in an appropriate form.

an offer, an agreement, damages, loss,

contract, acceptance, terms,

to consider, compensation, a court,

a breach, a seller, goods, to enforce,

party, to reject, sale, addition,

to sue, plaintiff

English law textbooks often describe a contract as ... which made between two or more ... and which is binding in law. The parties must agree to contract on certain ... .

When ... is deciding if a contract has been made, it must consider the following principles. One principle of English ... law is that there must be offer and ... . An advertisement to sell a car, and 1 telephone the advertiser and agree to buy it, the seller is not obliged to sell it to me. This is because the law ... that the real ... is when I contact ... asking to buy the car. The seller may then decide whether to accept or ... my offer. This is the reason that a store doesn't to have to sell you ... it displays for ... . And there is no ... of contract.

So another principle is that there is no valid contract if one of the parties did not intend to be legally bound.

What is valuable consideration? The principle behind this phrase is that the law will not ... an empty promise.

But once the court decides that there has been a breach of contract, it must the judge how the party must compensate the other party. The usual award is ... – monetary ... . In ... to financial ... a ... sometimes tries to ... for mental distress caused by the breach of contract. Such claims are less successful in Britain than in the USA, except for holiday contracts.

7. The verbs below can all be used to form nouns or adjectives. Find in the text the nouns/ adjectives which have related meanings and make up your own sentences with them.

Example: To lead — a leader (n.) e.g. Who is the leader of the political party?

To sell, to employ, to create, to enforce, to accept, to offer, to divorce from, to add, to agree, to settle, to insure, to concern, to deal, to guarantee.

8. Make a list of age limits in your country for such activities as marriage, voting, driving a car, smoking, buying alcohol drinks and others. Express your opinion as to whether the limits are too high or low.

9. Collocations

Match the verbs and nouns. Use a dictionary to help you if necessary.

1. start

2. bring

3. prefer

4. prepare

5. reach

6. settle

7. charge

8. arrest

9. defend

10. infringe

    1. a client

    2. a prosecution

    3. a copyright

    4. a suspect

    5. a fee

    6. out of court

    7. a verdict

    8. a case

    9. a brief

    10. an accusation

INTELLECTUAL PROPERTY

Reading tasks______________________________________________________

INTELLECTUAL PROPERTY

Original creative works that have economic value and are protected by law. Intellectual property laws reward the creators of original works by preventing others from, copying, performing or distributing those works without permission. They also provide incentives for people to produce scientific and creative works that benefit society at large. Some types of intellectual property are automatically protected by law from the moment of their creation. Other types, require a specific grant of rights from a government agency before they may be protected by law. Nearly all nations have laws protecting intellectual property. However, some nations do not vigorously enforce intellectual property laws, making counterfeiting a major problem in these areas.

Notes

intellectual property

original creative works

have economic value

be protected by law

reward the creators

by preventing others from copying,

performing or distributing

without permission

provide incentives

produce scientific and creative works

benefit

grant of rights

enforce intellectual property laws

counterfeiting

– інтелектуальна власність

– оригінальні художні твори

– мати економічно вигідну цінність

– бути захищеним законом;

– винагороджувати творців

– позбавляючи інших осіб можливості копіювати, виконувати або поширювати

– без дозволу

– створювати стимули, стимулювати

– створювати наукові і творчі роботи

– приносити користь

– дозвіл на право

– забезпечувати дотримання законів інтелектуальної власності

– підробка, фабрикація

1. Match the words with their definitions.

1. value

2. to distribute

3. incentives

4. property

5. intellectual

   1. to hand, give or send out

   2. ownership, possessions

   3. requiring the use of the intellect

   4. that which rouses a person to action

   5. worth

2. Answer the questions.

1. In what way do intellectual property laws reward the creators of original works?

2. Do the laws provide incentives for producing new scientific and creative works?

3. Are some types of intellectual property automatically protected by society at large?

4. Do other types require a specific grant of rights from a government agency before they may be protected by law?

Reading tasks_______________________________________________________

Read the text below.

Intellectual property is an expansive and rapidly changing area of the law which deals with the formulation, usage and commercial exploitation of original creative works. A majority of the issues that arise within this area revolve around the boundary lines of intangible property rights and which of those rights are afforded legal protection. The abstract quality of the property rights involved presents a contrast to other areas of property law. Furthermore, the rapid changes occurring in this field raise topical debates over such things as gene patenting, genetically modified food and peer-to-peer networking (e.g. music piracy on the Internet).

Traditionally, intellectual property rights are broken down into three main areas: patents, trade marks and copyrights. Other areas which warrant mentioning are trade secrets, design rights and the concept of passing off.

A patent is a monopoly right in an invention. Patent law is regulated in various jurisdictions through legislation. A patent must be granted pursuant to the relevant legislation in order to create the monopoly in the invention. Once the patent is granted, the protection remains in force for a statutory period of years, e.g. 20 years in the UK. Most patent legislation requires that a patentable invention: 1) is novel: 2) involves an inventive step; 3) is useful or capable of industrial application; and 4) is an invention or, in the US, non-obvious. Many things are excluded from patentable subject matter due to unsuitability, public policy and morality.

A registered trade mark is similar to a patent in that it provides the holder with an exclusive right to use a ‘distinctive’ mark in relation to a product or a service. A common aspect of applicable legislation is that the mark must be distinctive. In other words, it must be capable of functioning as an identifier of the origin of the good and thereby avoid confusion, deception or mistake. Deception has been deemed to include, for example, the use by another of a domain name that is substantially similar to the trade mark, so-called cybersquatting.

Copyright is a right subsisting in original literary, dramatic, musical and artistic works and in sound recordings, films, broadcasts and cable programmes, as well as the typography of published editions. Copyright holders possess economic rights associated with their works, including the essential right to prohibit unauthorised use of the works. The most common requirements for copyright protection are that the work must be in material form (i.e. not just an idea) and it must be original in the sense that the work ‘originates’ from the relevant author.

Copyright only provides a partial monopoly in a work, as various rules provide exceptions by which a work may be copied without infringing on the rights of the author. A good example of such an exception is the right of fair use recognised in the United States.

Of course, infringement of intellectual property rights may result in enforcement actions being thought against the infringing party. As part of these actions, remedies might include damages, injunctions and account of profits, depending on the right infringed and the extent and nature of the infringement.

3. Decide which of the terms in bold match these definitions.

1. exclusive right granted to authors of creative works to control the use of their original works

2. exclusive right granted by a government to an inventor which prevents others from making, using or selling his or her invention

3. distinctive registered mark used by a business to identify itself and its products or services to consumers

4. official order from a court that stops someone from doing something

4. Match the two halves of these definitions of key terms from the text. Consult the glossary if necessary.

1. The term passing off refers to the practice of a company ...

2. The term design right refers to a right ...

3. The term cybersquatting refers to the practice ...

4. The term injunction refers to an order issued by a court ...

5. The term trade secret refers to the intellectual property of a business ...

1. which prohibits the copying of an original, non-commonplace design of the shape or configuration of a product.

2. which prohibits a specific action from being carried out in order to prevent damage or injury.

3. illegally trading on the reputation of another company by misrepresenting its goods or services as being those of the other company.

4. which it does not want others to know about.

5. of registering a trade mark as a domain name with the intention of later selling it to the rightful owner.

5. Explain what is meant by these terms related to intellectual property rights in your own words. Use the sentences in Exercise 2 as models.

1. intangible rights

2. right of fair use

3. infringement of rights

COPYRIGHT

Reading tasks______________________________________________________

COPYRIGHT

Copyright is the body of law that deals with the ownership and use of works of literature, music and art. The basic purpose of copyright is to enrich our society’s wealth of culture and information. The means for doing so is to grant exclusive rights in the exploitation and marketing of a work as an incentive to those who create it.

Copyright low protects original works of authorship which are written down or recorded. The U.S. International Trade Commission has defines “copyright” as “a form of protection provided by” a national government to authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. As with other types of policies for intellectual property, the fundamental policy of copyright law is to provide protection for works so that they can be distributed in the public domain. In the United States, the copyright protection lasts for the life of the author, plus fifty years. Copyright protection applies to: literary works, plays, computer programs, and other kinds of works of authorship. The owner of a copyright may place a copyright symbol on the work as a warning to others that the work is protected. The symbol consists of the letter “C” with a circle around it: ©. Following the creation of the Copyright Act of 1976, most copyright law in the United States is governed by federal statute. If copyright is violated, the owner of the right may seek damages for the copyright infringement.

Example: Mrs. Author writes an original play and composes original music for the play. She applies for two copyrights. One for her play, and one for the music that she created for her play. She now has two copyrighted works which are protected.

Notes

body of law

ownership

enrich our society’s wealth

of culture and information

grant exclusive rights

exploitation

marketing

U.S. International trade Commission

original works of authorship

– сукупність правових норм

– приватне володіння

– примножувати культурне та

інформаційне багатство суспільства

– надавати ексклюзивні права

– користування, використання

– продаж

– Міжнародна торгова комісія США

– оригінальні авторські роботи

literary works

dramatic works

musical works

artistic works

the fundamental policy of

copyright law

provide protection for smth

distribute

copyright protection lasts for

the life of the author

copyright protection applies to

a copyright symbol

warning

with a circle around it

following smth

federal statute

violate copyright

seek damages for copyright infringement

apply for copyright

– літературні твори

– драматургічні твори

– музичні твори

– художні твори

– основна задача (мета) закону про

авторське право

– забезпечувати захист чого-н.

– поширювати

– захист авторського права

діє довічно

– захист авторського права

поширюється на

– знак охорони авторського права

– попередження

– обведений кружком

– вслід за

– федеральний закон

– порушувати авторське право

– вимагати відшкодування збитків

за порушення авторського права

– звертатися за отриманням

авторського права

1. Make up word-combinations.

1. to grant

2. works

3. to provide

4. to place

5. to be governed by

   1. protection for works

   2. federal statute

   3. a copyright symbol

   4. intellectual

   5. exclusive right

2. Answer the questions.

1. What is the definition of copyright given by the U.S.International Trade Commission?

2. What is the fundamental policy of copyright law?

3. How long does the copyright protection last in the U.S.?

4. What does a copyright symbol consist of?

5. May the owner of the right seek damages for the copyright infringement?

6. Can an author apply for two copyrights for one work?

Listening_______________________________________________________

The rapidly changing technologies regulated by intellectual property law –among them computer and Internet technologies – are the source of debates on various legal issues, in particular issues related to copyright. In the following listening exercise, you will hear a discussion on the topic of the use of copyrighted material for educational purposes. An American junior lawyer named Thomas has been assigned to shadow two senior lawyers working on a case involving the ‘fair use’ doctrine in connection with distance learning courses. Thomas meets Patrick, the senior lawyer, and his associate, Rebecca, in Patrick’s office to begin shadowing them as they work on the case.

3. Listen to the discussion and answer these questions.

1. How do Thomas and Rebecca describe the concept of fair use in American law?

2. According to Patrick, what is the objective of copyright law?

3. Who does Rebecca think is in the stronger position now, copyright holders or educators?

4. According to Patrick, how many factors need to be taken into account when assessing fair use?

4. Decide whether these statements are true or false.

1. The ‘fair use’ doctrine only applies to the use of copyrighted materials in traditional face-to-face classroom situations.

2. Thomas has a basic understanding of what distance learning is, and is aware of one of the intellectual property issues that it raises.

3. Rebecca argues that in the future it is likely that a teacher’s right to use copyrighted material without permission will become increasingly restricted.

4. The four-factor analysis helps determine whether the use of copyrighted material falls under the ‘fair use’ doctrine.

5. Rebecca points out that the four-factor analysis is subjective and therefore not reliable.

5. Complete the table below using these phrases.

In what way?

So, in other words, ...

Yes, you have a point there.

Yes, but you can look at it another way, too.

That may well be true, but you have to see the bigger picture.

Well, from a legal point of view, the debate is about ...

Sorry, can I just finish my point?

As I was saying, ...

And what’s more, ...

Yes, but that’s only one side of the problem.

I think the important issue here is...

Let me give you an example.

It seems to me that the real issue is...

6. Complete these responses to a statement made by another speaker in a discussion using the words point or view. In one case, both words can be used.

1. I take your .................. .

2. I’m afraid I don’t share your ………….. on this.

3. That’s really not the …………… at all.

4. In my ……………, that’s precisely the issue.

5. I don’t quite get your ……………… here.

6. It seems to me you’re missing the …………… .

7. That’s my ……………… exactly.

8. I think that’s beside the ………………, really.

7. Discuss these questions.

1. What do you think about the fair use of copyrighted material for distance learning? Do you think the law should continue to allow educators to use such material without permission, or do you think the rights of the copyright holders need greater protection?

2. Copyright protection on the Internet is also a major concern of the entertainment industry. Some of the issues involved concern peer-to-peer file swapping of music and film piracy. What recent court decisions in this area are you familiar with? Do you think the rights of the music and film producing corporations should be better protected?

UNIT 3____________________________________________________________

COMMON LAW

Pre-reading tasks____________________________________________________

1. Discuss the following questions:

Are terms “Common law” and “Case law” similar? What do you know about these notions from your law course?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. to preserve independence

2. rule of decision

3. to set a precedent

4. trial court

5. conduct of a court

6. to reach a verdict

7. to adjudicate disputes

8. appellate courts

1. судове рішення

2. встановити прецедент

3. проведення судового засідання

4. винести вердикт

5. розглядати спори

6. зберігати незалежність

7. суд першої інстанції

8. апеляційні суди

Reading tasks____________________________________________________

Read the text to understand what information is of primary importance or new for you.

COMMON LAW

Common Law is a term, which describes the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts, reflected the “common” customs of the kingdom. This system of law prevails in Great Britain and in those countries, such as Canada and the United States that were originally colonized by English settlers.

The common law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies. Common law can be contrasted to the civil law system, based on ancient Roman law, found in continental Europe and elsewhere.

As the number of judicial decisions accumulates on a particular kind of dispute, general rules or precedents emerge and become guidelines for judges deciding similar cases in the future. Subsequent cases, however, may reveal new and different facts and considerations, such as changing social or technological conditions. A common-law judge is then free to depart from precedent and establish a new rule of decision, which sets a new precedent as it is accepted and used by different judges in other cases. In this manner, common law retains a dynamic for change.

In all common-law systems, a pyramidal structure of courts exists to define the law. At the base of the pyramid is trial courts, composed of a single judge and a jury selected from local citizens. The judge controls the conduct of the court and the admission of evidence. After both sides have presented their evidence, the judge instructs the jury on the appropriate legal principles to be applied in determining the case. The jury then weighs the facts and applies the law, as stated by the judge, in order to reach a verdict or judg(e)ment.

Above the trial courts, layers of appellate courts, composed entirely of judges, exist to adjudicate disputes. These disputes centre on whether or not the trial judge applied the correct principles of law. (The jury's determination of fact and its ultimate verdict or judg(e)ment are not subject to appellate review, however, in order to preserve the independence of the jury as a check on judicial power.) The interpretations of law made by appellate courts form the precedents that govern future cases. Furthermore, the importance of a precedent for any given court depends on that court's position in the pyramidal structure; for example, a precedent set by an appellate court has greater force in trial courts than in other appellate courts.

UNDERSTANDING MAIN POINTS____________________________________

3. Mark these statements T (true) or F (false) according to the text.

Find the part of the text that gives the correct information.

1. The term “Common Law” has been used since the 12^th century

2. Common Law system is used in the USA, Canada, Great Britain and in continental Europe.

3. Common law is a term which describes the civil-law system.

4. In all the countries with common law system, the structure of courts exists

in order to define the law.

5. Common law system is characterized as a very dynamic one.

6. The jurors are usually selected from residents.

7. Any verdict couldn’t be reached before both sides have presented their evidence.

8. The jury’s verdict is ultimate but is subject to appellate review.

9. Appellate courts have no right to interpret laws.

10. The precedent set by appellate courts has greater force in appellate courts than in other trial courts.

4. Below are some words and phrases derived from «appeal» and «judge». Link each item to its definition.

A. 1) appeal a) to ask a more senior court or person to review

a decision of a subordinate court or person

2) appellate b) permission of the court to institute appeal

proceedings from a single judge or lower

court to full court or higher court respectively

which appeals are made on points

3) appellee c) a court to which appeals are made on points of law

resulting from the judgement of a lower court

4) court of appeal d) a party who appeals against a judicial decision

which isn’t in that party’s favour

5) leave to appeal e) refers to a higher court that can hear appeals from

a lower court

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B. 1) judge a) the judicial decision of a case in court

or verdict

2) judicial b) a body of persons sworn to render a verdict

or true answer on a law case officially

submitted to them

3) jury c) a public officer authorized to hear and to

determine cases in a court of law

4) adjudicate d) to settle judicially

5) judgment e) pertaining to courts of law or to judges

5. PREPOSITIONS. Choose the right preposition in brackets according

to the contents of the sentences (by, from, in, on, to, of, for).

1. If no precedent could be found, the judge made a decision that is based ... existing legal principles and his decision would become a precedent for other courts to follow when a similar case arose.

2. All new treaties must be adopted only... reference ... the main legal document of a country, its Constitution.

3. These judges are free to depart ... the precedent and set a new precedent as it is accepted and used by other judges.

4. How many chapters is the Ukrainian Constitution composed ...?

5. In the USA jurors are selected at random ... all of the registered voters in the district.

6. The judge must instruct the jury ... the law that applies ... the case.

7. Even statutes often need to be interpreted ... the courts ... order ... fit particular cases, and these interpretations become new precedents.

8. The property and affairs of mentally-ill persons are administered ... the Court of Protection.

6. Substitute the active vocabulary of the lesson for the italicized parts.

1. The investigator disclosed new facts and evidence.

2. In civil cases, the jury’s verdict must be unanimous, unless the sides have

agreed before the trial that they will agree to a verdict that is not unanimous.

3. What issues will be taken into deliberation during pre-trial conference.

4. The judges are free to deviate from the precedent and establish a new

court decision as it is used by other judges to follow when a similar case arose.

5. The jury retired to the jury room to discuss the evidence and to reach a verdict.

6. In all common law systems, judges sometimes make laws, since their

creative explanation may become precedents for other courts to allow.

7. In English law, the principle of judicial re-examination enables a court to overturn a decision made by government ministry that acted illegally.

8. In most cases the lawyers and judges agree before trial what issues are engaged in argument involving different opinions.

7. Many words have more than one meaning and you must be careful when you use your dictionary to find the right definition. In the following sentences, the words in italics have several meanings. Translate the words paying special attention to the meanings as legal terms.

1. Who is the leader of the political party?

2. Yesterday he invited me to his birthday party and I was very glad to hear it.

3. Each of the sides involved in a legal dispute is a party.

4. A lawyer participates in questioning the witnesses and submits evidence.

5. Do you have any evidence to prove your idea?

6. Judgement is a legal term that means the legal reasoning and decision of a court in a case brought before it.

7. The constitutional composition of the Verkhovna Rada of Ukraine consists of 450 National Deputies of Ukraine who are elected for a four-year term on the basis of universal, equal and direct suffrage, by secret ballot.

8. Every year many Ukrainian young people apply to various higher education

institutions.

9. The courts interpret and apply the law.

10. Applicant is a person who makes a formal request or application to a court.