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UNIT 4___________________________________________________________
CRIMINAL LAW:
-
CRIME INVESTIGATION: FORENSIC SCIENCE AND SCIENTIFIC EXPERTISE.
-
CRIMES AGAINST PERSONS.
Pre-reading tasks____________________________________________________
1. Do you agree with the statement “Criminals need help more than punishment”?
Discuss your answer with your partners.
2. Match the following English words and expressions with their Ukrainian
equivalents:
-
codification of law
-
double jeopardy
-
voluntary act
-
omission
-
sleepwalking
-
mental disorders
-
criminal intent
-
statutory definition
-
бездіяльність
-
свідома дія
-
злочинний намір
-
кодифікація права
-
визначення, передбачене
законом
-
лунатизм
-
заборона повторного переслідування з однієї
і тієї ж справи
-
психічні захворювання
Reading tasks_______________________________________________________
Read the text to understand what information is of primary importance or
new for you.
CRIMINAL LAW
Criminal Law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.
The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in countries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations – that is, limits for the period during which charges may be made.
A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self-defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances.
Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are conspiracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.
Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.
The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.
In Europe the criminal-law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries.
In the last few decades the movement for codification and law reform has made considerable progress everywhere.
Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.
UNDERSTANDING MAIN POINTS___________________________________
3. A. Give the definitions for the following legal terms:
a. Criminal law is…
b. Crime is…
c. Conspiracy is…
d. Attempt is…
B. Answer the questions:
1. What are the two important elements of a crime which the prosecution must prove?
2. What is «double jeopardy»?
3. What differences exist between the criminal law of most English-speaking countries and that of other countries?
4. What criminal codes provided the model for many European countries?
5. What has modern criminal law been affected by?
4. Law Breakers. Find in the text the word and decide from the context what this word could mean, then choose the appropriate definition. Match each word on the left with the correct definition on the right.
A.
(a) an arsonist 1. sets fire to property illegally
(b) a shoplifter 2. is anyone who breaks the law
(c) an offender 3. breaks into houses or other buildings to steal
(d) a vandal 4. steals from shops while acting as an ordinary customer
(f) a murderer 5. kills someone
(g) a kidnapper 6. causes damage to property
(h) a pickpocket 7. steals things from people’s pockets in crowded places
(i) an accomplice 8. gets secret information from another country
(j) a drug dealer 9. buys and sells drugs illegally
(k) a spy 10. takes away people by force and demands money for
(l) a terrorist their return
11. helps a criminal in a criminal act
12. uses violence for political reasons
B.
(a) an assassin 1. causes damage or disturbance in public places
(b) a hooligan 2. hides on a ship or plane to get a free journey
(c) a stowaway 3. takes control of a plane by force and makes
(d) a thief 4. the pilot change course
(e) a hijacker 5. murders for political reasons or a reward
(f) a forger 6. is someone who steals
(g) a robber 7. makes false money or signatures
(h) a smuggler 8. is a member of a criminal group
(i) a traitor 9. steals money etc by force from people or places
(j) a gangster 10. marries illegally, being married already
(k) a deserter 11. is a soldier who runs away from the army
(l) a bigamist 12. brings goods into a country illegally without paying
tax
13. betrays his or her country to another state
5. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (by, from, in, on, to, for).
1) The Crown Prosecutor, who works for the Director of Public Prosecutions, is responsible … prosecuting criminals based on evidence presented by the police.
2) The definition of some legal terms varies ... one legal system to another.
3) The judge sentenced my neighbour to punishment ... the crime which he hadn't committed.
4) The State of Louisiana has a Roman civil form of law which derives ... its days as a French colony.
5) This decision was repealed ... the Constitutional Court.
6) One of the two accused men was tried ... an offense at yesterday's trial.
7) In Ukraine ... the last eight years the movement of law reform has made considerable progress.
8) The judicial decision was based ... the Criminal Code of the country.
9) The judge sentenced the other accused man ... two years in prison.
6. Here are some words connected with law and crime. If necessary, use a dictionary to help you check that you understand what they all mean. Then divide them into three groups, in what seems to you to be the most logical way.
theft member of a jury judge statute
juvenile delinquency sentencing rehabilitation bribery
investigator terrorism omission arson
probation detective death penalty code
drunken driving traffic warden aggravated assault rape
malfeasance lawyer conspiracy precedent
treason burglary smuggling fine
7. Crime. Put each of the following words and phrases into its correct place in the passage below.
bigamy
countries
fine
misdemeanour
prison
civil
crimes
forgery
offences
state
classes
criminal law
laws
punishment
term
community
felony
life imprisonment
person
treason
Crime
Crime violates the laws of a community, ….. or nation. It is punishable in accordance with these ….. . “The definition of crime varies according to time and place, but the laws of most ….. consider as crimes such ….. as arson, ….., burglary, ….., murder, and …..”. |
Not all offences against the law are….. . The laws that set down the punishments for crimes form the ….. .This law defines as crimes those offences considered most harmful to the ….. . On the other hand, a ….. may wrong someone else in some other way that offends the ….. law.
The common law recognizes three ….. of crime: treason, ….., and misdemeanour. Death or ….. is the usual ….. for treason. Laws in the United
States, for example, define a felony as a crime that is punishable by a ….. of one year or more in a state or federal ….. .A person who commits a ….. may be punished by a ….. or a jail term of less than one year.
8. Make a plan of the text in the form of questions and ask your friends to answer them.
Pre-reading tasks____________________________________________________
9. Here are some more crimes. Complete the table if necessary consult the dictionary.
|
crime |
criminal |
verb |
definition |
|
terrorism blackmail drug-trafficking forgery assault pickpocketing mugging |
…………………... …………………... …………………... …………………... …………………… …………………… …………………… |
…………………... …………………… …………………… …………………… …………………… …………………… …………………… |
………………….. ………………….. ………………….. ………………….. ………………….. ………………….. ………………….. |
10. Give the name of the defined law breaker.
1. steals
2. steals purses and wallets
3. gets money by threatening to
disclose personal information
4. seizes aeroplanes
5. takes things from a shop
without paying
6. kills people
7. steals from houses or offices
8. steals from banks or trains
9. takes people hostage for a ransom
10. steals government secrets
11. wilfully destroys property
12. marries illegally while being
a_ _ _ _ _
a_ _ _ k _ _ _ _ _ _
a_ _ _ _ k _ _ _ _ _ _
a_ _ j _ _ _ _ _
a_ _ _ _ l _ _ _ _ _
a_ _ r _ _ _ _ _
a_ _ _ g _ _ _
a_ _ b _ _ _
a_ _ _ n _ _ _ _ _
a _ _ _
av _ _ _ _ _
ab _ _ _ _ _ _ _
married already
11. Put these words and phrases from the text in the correct box.
|
murder rape sexual assault assault causing grievous bodily harm mugging robbery burglary euthanasia car theft homicide arson blackmail child abuse embezzlement kidnapping fraud pickpocketing shoplifting stealing |
Crimes against people |
Crimes involving things or property |
__________________________________________________________________
CRIME INVESTIGATION: FORENSIC SCIENCE AND SCIENTIFIC EXPERTISE.
Pre-reading tasks____________________________________________________
1. Answer the following questions:
1. What are the investigation departments in Ukraine?
2. What is preliminary investigation called upon?
3. What types of physical evidence do you know?
4. What are the essential qualities of a successful investigator?
2. Match the following English words and expressions with their Ukrainian
equivalents:
1. forensic science
2. DNA profiling
3. case-by-case basis
4. fatal fire
5. domestic premises
6. investigation of shooting incidents
7. microscopic examination
8. fire-scene examination
a. по кожному конкретному
випадку
b. пожежа з людськими жертвами
c. розслідування випадків
використання вогнепальної зброї
d. дослідження місця пожежі
e. криміналістика
f. аналіз ДНК
g. аналіз за допомогою мікроскопа
h. житлові приміщення
Reading tasks_______________________________________________________
Read the text to understand what information is of primary importance
or new for you.
Notes on the text:
spent bullet – стріляна куля
cartridge case – гільза
CRIME INVESTIGATION: FORENSIC SCIENCE
AND SCIENTIFIC EXPERTISE
Forensic science and scientific expertise serve the administration of justice by providing scientific support in the investigation pf crime and providing evidence to the courts. Scientific expertise is available on a case-by-case basis to different law enforcement agencies. It is very important during investigation of many crimes, particularly fires where arson is suspected, cases involving DNA profiling and offences involving the use of firearms.
The scientists have a wide range of experience in fire-scene examination, including fatal fires in domestic premises, large industrial fires and vehicle fires.
DNA profiling is a revolutionary scientific testing process, which can positively identify an individual from a specimen of blood, hair roots, tissue, etc. its application to crime specimens represents the greatest advance in forensic science in decades. The vast potential of DNA profiling is recognized by the police and the legal profession, and its use in criminal investigation has increased.
Forensic science experts provide advice on firearms and related matters and assistance in the investigation of shooting incidents. When presented with a suspect weapon, the expert is able to establish whether or not it was the weapon used in a crime. Experts are particularly adept in the microscopic examination of spent bullets and cartridge cases.
The experts also use fingerprinting, method of identification using the impression made by the ridge patterns found on the fingertips. No two persons have exactly the same arrangement of ridge patterns, and the patterns of any one individual remain unchanged through life. Fingerprints may be classified and filed on the basis of the ridge patterns, setting up an identification system that is almost infallible.
The first recorded use of fingerprints was, by the ancient Assyrians and Chinese for the signing of legal documents. The use of fingerprints for identification purposes was proposed late in the 19th century by the British scientist Sir Francis Galton, who wrote a detailed study of fingerprints in which he presented a new classification system using prints of all ten fingers, which is the basis of identification systems still in use. Subsequently, the use of fingerprinting as a means for identifying criminals spread rapidly throughout Europe and the United States, superseding the old system of identification by means of body measurements.
As crime-detection methods improved, law enforcement officers found that any smooth, hard surface touched by a human hand would yield fingerprints made by the oily secretion present on the skin. When these so-called latent prints were dusted with powder or chemically treated, the identifying fingerprint pattern could be seen and photographed or otherwise preserved. Today, law enforcement agencies can also use computers to digitally record fingerprints and to transmit them electronically to other agencies for comparison. By comparing fingerprints at the scene of a crime with the fingerprint record of suspected persons, officials can establish absolute proof of the presence or identity of a person.
UNDERSTANDING MAIN POINTS___________________________________
3. A. Give the definitions for the following terms and expressions. What are these methods used for? What can they help to an investigator?
1. DNA profiling
2. Fire-scene examination
3. fingerprinting
4. body measurements
5. microscopic examination
6. latent prints
B. Answer the following questions using the information from the text:
1. What is the principle objective of forensic science and scientific expertise?
2. What was the revolutionary testing process?
3. How can an individual be identified?
4. On which cases do forensic science experts provide advise?
5. What are other methods that are used by experts, besides DNA profiling?
6. Do ridge patterns of an individual change through life?
7. In what way did ancient Assyrians use fingerprints?
8. What is Sir Francis Galton famous for?
9. How can absolute proof of a person's identity be established?
4.
WORD STUDY: translate the pairs of sentences and explain the
difference
in the meanings of the following words. Find the
words in the text and decide from the context what the word could
mean, then give your own examples.
1. accident / incident
a. A bomb exploded in a department store but no one was killed in the incident.
b. Her father was killed in a car accident.
2. matter / case
a. This piece of land is the main matter of dispute.
b. Have you ever dealt with cartridge cases?
c. It is a matter of a few hours.
3. adept / expert
a. His conclusion is always infallible. He is really adept.
b. He is an expert at DNA profiling.
4. crime / offence
a. This act of terrorism is considered as a crime against humanity.
b. Most prosecutions for crime are brought by police.
c. I think it is a real offence against the law.
d.
Offences may be classified as indictable or summary and as
arrestable or
nonprintable.
5. specimen / sample
a. He has brought the book of samples. Let's look through them.
b. This specimen of blood helped to identify the victim.
6. proof / evidence
a. This evidence is reliable and can be admissible.
b. This requires no proof.
c. The words of this passer-by need to be proved.
d. Evidence consists of testimony, documentary evidence, real evidence and, when admissible, hearsay evidence.
7. inquiry / investigation
a. The investigator has made inquiries about the suspected.
b. An inquiry into a death the cause of which was unknown was conducted by
a coroner.
c. Who is responsible for the results of the investigation?
8. scene / place
a. There is no place like home.
b. What place do you come from?
c. The scene is laid in France.
d. It was striking scene.
5. Choose the right preposition in brackets according to the contents of the sentences (for, throughout, in, on, with, to, by...of, for).
-
Experts advise ...weapon and related matters.
-
The identification system, which basis was worked out by Sir Francis Galton, is still ... use.
-
The use of fingerprinting spread rapidly ... Europe.
-
After a human hand yields its fingerprint on any surface, it is usually dusted ... powder.
-
The old identification system was based on the identifying of an individual ... means ... body measurements.
-
Nowadays digitally recorded fingerprints are usually transmitted electronically to other investigation agencies ... comparison.
-
Specimen of blood can be applied ... crime specimens; this method helps to positively identify an individual.
8. The method of fingerprinting is a means ... identifying criminals.
6. Insert one of the following words into the text in an appropriate form.
Fingerprints
scientific, fingerprints,
to set up, forensic, subsequently,
to record, identification, skin,
ridge, examination, patterns, scene,
to transmit, evidence, to arrest, specimen
Very many books and ... papers have been published on the subject of ..., and the reference to “the prints from man’s hand” can even be found in the Bible.
The study of the application of fingerprints for useful ... purposes was ... in the latter part of the 17th century when, in 1684, the anatomist Doctor N. Grew published a paper on the subject which he illustrated with drawings of various fingerprints ... . About the same period, in Italy, Prof. Malpigni was investigating the functions of the ... .
A method of classifying and research in this field was initiated by Sir Francis Galton and Henry Faulds independently at the end of the 19 th century.
Each day, the fingerprints of people who have been sentenced to a term of imprisonment, and those who have been ... and charged with other then the most minor offences, are ... to New Scotland Yard for processing.
One of the main tasks of the National Fingerprints Office is to establish whether the person has a previous record. Scenes of serious crime are examined for fingerprints by Senior Identification Officers. The function of these officers to detect and to ... any finger or palm mark (or the arrangement of ... patterns) which an offender may have left at the scene. They also retrieve ... clues, e.g. a ... of blood, shoe or tissue marks, which are then forwarded to the Forensic laboratory for microscopic ... .
One of the cases involving the use of fingerprints ... was in 1905, when a thumb
print left on a cash box at the ... of a murder in Deptford of shopkeepers Mr. and Mrs. Farrow, was identified as belonging to Alfred Stratton, one of two brothers. As a result they were jointly charged with the crime and ... hanged.
7. There are two crime-detection methods, fill in the chart with the words below. Sort out odd words.
|
Fingerprinting |
DNA profiling |
|
|
|
Specimen, oily secretion, blood, bullet, powder, hair root, tissue, finger, skin, weapon, fingertip, ridge pattern, fingerprint record, shooting incidents.
8. WORD FAMILIES. The verbs below can all be used to form nouns. Find in the text the words which have related meanings and make up your own sentences with them. Pay special attention to where the stress is.
Example: To lead – a leader (n.) e. g. Who is the leader of this political party?
To compare, to record, to identify, to investigate, to test, to examine, to present.
9. Complete the table. Consult the text or a dictionary if necessary.
-
Crime
Definition
Arm of the
service
Criminal
Verb
murder
arson
terrorism
theft
shoplifting
drug-trafficking
Post-reading tasks___________________________________________________
10. DISCUSSION. What are the types of witnesses that an investigator can deal with at the time of investigating a case?
11. An investigator is to ask and answer a lot of questions to disclose a crime and classify it. Write them out, they are beginning with:
-
who(at least 5);
-
what (at least 7);
-
where (at least 7);
-
when (3);
-
how (4);
-
with what (2);
-
why (2);
-
with whom (4);
-
how much (4).
12. Read the text and 1) give the names to the types of murders considering the motive; 2) write out Participles I and Participles II and give written translation.
1. Because these murders are not carefully planned, but instead spring from emotions spontaneously acted on, there are often witnesses and considerable evidence. This type of murder occurs most frequently and tends to follow a set pattern:
-
The victim and the assailant were married living together;
-
The victim and the assailant were under the influence of alcohol;
-
The victim and the assailant were from a low socioeconomic group;
-
The incident that led to the assault was trivial;
-
The assailant has been implicated in earlier violent incidents.
2. These murders occur between individuals who are professionally or personally involved in such a manner that the perpetrator stands to benefit materially from the victim’s death. The material benefit can take many forms. One of the key questions that the investigator must ask is: Who stands to gain the most from the victim? These murders are carefully planned, and the perpetrator sometimes goes to great length to make the death appear natural or accidental.
3. Like spontaneous murders, these murders have a high clearance rate because the assailant is primarily concerned with injuring or killing the person on whom his or her emotions have become fixed. The murderer is often a rejected lover, and the victim may be either the person who has done the rejecting or some third party involved in a lover’s triangle.
4. These murders may be pre-planned by the perpetrator or may occur as a secondary aspect of a sex crime. The actual murder of the victim may occur before, during, or after the sex act; it depends on the idiosyncrasies (відхилення в психіці) of the perpetrator and the actions of the victim.
5. Judges, police officers, organized crime figures and drug dealers may be victims of these murders. In some instances the act of revenge (помста) is made indirectly, on some member of the target person's family.
13. Put each of the following words in its correct place in the passage below.
An Arrest
theft fingerprints cell
Arrest investigate charge detained
Court magistrate handcuff
A policeman was sent to (a) ___ the disappearance of some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera and some cash. When the policeman tried to (b) ___the boy, he became violent and the policeman had to (c) ___ him. At the police station the boy could not give a satisfactory explanation for his actions and the police decided to (d) ___ him with the (e) ___of the camera and cash. They took his (f) ___, locked him in a (g) ___, and (h) ___him overnight. The next morning he appeared in (i) ___ before the (j) ___.
CRIME AGAINST PERSONS
Reading tasks_______________________________________________________
Read the following text and be ready to retell it.
EMPLOYERS FAIL TO SUPPORT VIOLENCE VICTIMS’
ONE IN FOUR violent crimes happens to people at their place of work yet frequently employers offer them little help, according to the charity, Victim Support.
“Violence in the workplace can shatter employees’ confidence and may destroy their ability to do their job,” said Helen Reeves, a director of Victim Support, which helps around 400,000 people a year. “The response of the employer is an important factor in the victim's recovery.”
Recent cases included a cashier who lost all self-confidence after being held at gun-point three times in the building society where she worked. Her employer offered little assistance and she felt she had to resign.
A security guard seriously assaulted during an armed raid suffered nightmares and panic attacks. He became terrified of going to work and took frequent sick leave.
Victim Support says there is a financial incentive for employers to provide more assistance.
1. Find in the text the English equivalents for the words and word combinations below.
(a) підтримувати – ……………………………………………………………….
(b) жертва – ……………………………………………………………………….
(с) злочин із застосуванням сили – ……………………………………………..
(d) благодійність – ……………………………………………………………….
(e) пропонувати допомогу – …………………………………………………….
(f) місце роботи – ………………………………………………………………..
(g) зруйнувати впевненість – ……………………………………………………
(h) здатність виконувати роботу – ……………………………………………...
(i) важливий фактор – …………………………………………………………..
(j) відповідальність роботодавця – …………………………………………….
(k) реабілітація, одужання, відновлення – ……………………………………..
(l) втрачати самовпевненість – …………………………………………………
(m) тримати на мушці, під прицілом – ………………………………………….
(n) звільнитися, подати у відставку – …………………………………………..
(o) охоронець – …………………………………………………………………..
(p) піддаватися серйозним побоям – …………………………………………...
(q) озброєний напад – …………………………………………………………...
(r) мучитися нічними кошмарами – ……………………………………………
(s) напади паніки – ………………………………………………………………
(t) боятися ходити на роботу – ………………………………………………….
(u) брати бюлетень – …………………………………………………………….
(v) матеріальний стимул – ………………………………………………………
(w) забезпечувати, надавати допомогу – ……………………………………….
2
charity
violence crimes to resign confidence
violent at gun-point guard ability
attack victim according to assistance
raid armed security workplace
-
One of four ___________ ___________ happens to people at their place of work.
-
Yet frequently employers offer them little help, ___________ the ___________, Victim Support.
-
___________ in the ___________ can shatter employees’ ___________ and may destroy their ___________ to do their job.
-
The response of the employer is an important factor in the ___________’s recovery.
-
A cashier lost all self-confidence after being held ___________ – ___________
in the building society where she worked.
6. Her employer offered little ___________ and she had ___________.
7. A ___________ ___________ was seriously assaulted during an ___________ ___________.
8. He suffered nightmares and panic ___________.
3. Guess the meanings of the following English words:
– director …………………………………………………….
– factor …………………………………………………….
– cashier …………………………………………………….
– assistance …………………………………………………….
– raid …………………………………………………….
– panic attacks …………………………………………………….
– to be terrified …………………………………………………….
– financial …………………………………………………….
4. Decide whether the following statements are correct. If they are not correct, rewrite them. After you have done this, check your variants with the text.
1
.
One in
four violent crimes happens to people at their place of work.
___________________________________________________________
2. Violence in the workplace can shatter employer's confidence and may
d
estroy
his ability to do his
job.___________________________________________
___________________________________________________________
3
.
Victim
Support frequently offers people little help.__________________
___________________________________________________________
4
.
Victim
Support helps around 400,000 people a year._________________
___________________________________________________________
5
.
The
response of the cashier is an important factor in the victim's
recovery.
___________________________________________________________
6
.
A cashier lost all self-confidence after being held at gun-point
three times.
___________________________________________________________
7
.
Her employer offered moral support and she felt she had to work
harder.
___________________________________________________________
8
.
A
security guard was seriously assaulted during an attack of
nightmares.
___________________________________________________________
9
.
He
took part in an armed raid.___________________________________

10. He became terrified of ghosts.___________________________________

11. He frequently took sick leave.___________________________________
1
2.
There is a financial incentive for employers to provide more
assistance.
___________________________________________________________
Reading tasks_______________________________________________________
Read the following text and be ready to retell it.
£200,000 FOR CRIPPLED SCHOOL HEAD
A HEAD teacher who suffered a crippling back injury when she slipped on a wet classroom floor has won damages believed to be more than £200,000.
Durham County Council agreed to pay the, compensation to Delycia Johnson, 48, in an out-of-court settlement just minutes before the case was due to be heard before Teesside County Court.
Mrs Johnson was headmistress at Woodhouse Close Primary School when the accident happened in 1991. She was putting children’s work up on the wall when the stepladder slipped and she landed on her back.
Excruciating pain meant she had to give up her job. She still needs a stick to walk and suffers spasms if she sits in the same position for any length of time.
Mrs Johnson, a mother of two, and her solicitor declined to comment.
A Durham County Council spokesman declined to comment.
“The matter was investigated and measures taken to try to ensure such an accident does not happen again.”
5. Guess the meanings of these words:
– classroom ………………………………………………
– compensation ………………………………………………
– spasms ……………………………………………...
– to comment ………………………………………………
6. Fill in the blanks with the words from the box given below. Use one word per space.
job to pay injury
compensation case damages
settlement
to give up to comment matter
to
ensure measures court accident solicitor
1. A head teacher suffered a crippling back ____________ when she slipped on a wet classroom floor.
2. The head teacher has won ____________.
3. Durham County Council agreed ____________ the ____________ to the head teacher in an out-of-court ____________ just minutes before the ____________ was due to be heard before Teesside County ____________.
4. Mrs Johnson was headmistress at a primary school when the ____________ happened.
5. Excruciating pain meant she had ____________ her ____________.
6. Mrs Johnson and her ____________ declined ____________.
7. The ____________ was investigated and ____________ taken to try ____________ such an accident does not happen again.
Speaking___________________________________________________________
Retell one of the two articles you’ve read.
Writing____________________________________________________________
On
a separate sheet of paper write a plan for the article you’ve
chosen for
retelling. When you have finished, compare your
notes with your groupmates’.
_______________________________________________________________________
CRIME AND CRIMINALS
1. Now look through the vocabulary below. Make several sentences using these words and word combinations:
crime
crime rate
to prevent crime
cnf.: to prevent a crime
to commit a crime
criminal
criminal twist
злочинність; злочин
рівень злочинності
боротися зі злочинністю
запобігти злочину
скоювати злочин
злочинний; злочинець
схильність, нахил
до скоєння злочину
|
VERB |
CRIME |
PERSON |
|
to break/ to violate the law syn.: to go beyond the law – порушувати закон |
organized crime – організована злочинність gangsterism – бандитизм criminal participation/ complicity – співучасть aggravated crime – злочин за обтяжуючих обставин violent/brutal crime – жорстокий, тяжкий злочин law-breaking syn.: breach of law/ law violation – порушення закону |
dangerous criminal – небезпечний злочинець culprit/perpetrator – злочинець gangster – бандит member of a criminal gang – член злочинного угрупування assisting offender – співучасник accomplice – спільник first offender – вперше здійснивший злочин repeated offender – повторно здійснивший злочин habitual offender – рецидивіст violent offender – злочинець, здійснюючий опір при арешті law-breaker syn.: law-violator – злочинець |
|
VERB |
CRIME |
PERSON |
|
to beat – бити to murder/to kill – вбивати to assassinate – вбивати to kidnap – викрадати to take hostage – брати в заручники to blackmail – шантажувати |
tort – правопорушення petty offence – дрібне правопорушення trespassing – незначне порушення закону misdemeanor – судово-карний проступок battery – нанесення побоїв, побиття assault – 1. напад; 2. словесна образа і загроза насильством assault and battery – образа діяльністю violence – насильство disorderly conduct – хуліганство delinquency – злочинність(неповнолітніх) felony – тяжкий кримінальний злочин murder/homicide – вбивство assassination – вбивство за політичними мотивами lynching – самосуд mob rule – розправа без суду manslaughter – ненавмисне вбивство self-slaughter/suicide – самовбивство kidnapping syn.: abduction –викрадання (жінки, дитини) blackmail – шантаж |
ruffian/hooligan – хуліган juvenile delinquent – малолітній злочинець felonry – злочинні елементи murderer/thug – вбивця killer – професіональний вбивця hired assassin – найманий вбивця політичного чи громадського діяча offender by accident – випадковий злочинець suicider – самовбивця kidnapper – викрадач blackmailer –шантажист |
2. Match the words and expressions on the left with their definitions on the right. One has been done for you as an example.
-
to violate
-
crime
-
to kidnap
-
to assassinate
-
law-breaker
-
evidence
-
accomplice
-
punishment
-
murder
-
criminal
-
witness
-
assault
-
possessing an
offensive weapon
-
felony
-
violence
-
homicide
-
to seize or detain a person
by force and often for ransom
-
violation, a grave offence
-
to break (a law, a treaty, an oath)
-
a person who violates the law
-
to murder smb for political reasons
or a reward
-
someone who sees a crime or an accident
-
everything witnesses say in court
-
a prison sentence or fine given to a criminal
-
a person who has committed a crime
-
unjust exercise of force; force unlawfully exercised against the laws and against public liberty
-
a crime of graver nature than a misdemeanour
-
one who helps a criminal in a
criminal act
-
a violent physical or verbal attack
-
an act of killing a human being
-
unlawfully killing someone
-
having a weapon which could be used to attack someone
3. Compose a few sentences using the terms from the table. Ask your partner to translate them.
4. Give synonyms to the following:
-
law-breaker/violator (give 4 words) _______________________________
-
law-breaking/violation _______________________________
-
abduction _______________________________
-
ruffian _______________________________
-
to kill _______________________________
-
to break/violate the law _______________________________
UNIT 5___________________________________________________________
CONTRACT LAW
Pre-reading tasks____________________________________________________
1. What is the key word that characterizes property law vs. contract law?
2. Match the following English words and expressions with their Ukrainian equivalents:
-
mutual assent
-
commitment of individuals
-
to secure the debt
-
to handle disputes
-
injured party
-
ties of kinship
-
debt slavery
-
caretaker
-
обов’язки осіб
-
забезпечити борг
-
родинні зв’язки
-
взаємна згода
-
вирішувати спори
-
той, хто має тимчасову
відповідальність (за щось)
-
сторона, яка понесла збитки
-
боргове рабство
Reading tasks_______________________________________________________
Read the text to understand what information is of primary importance or new for you.
CONTRACT LAW
A contract, in the simplest definition, is a promise enforceable by law. The promise may be to do something or to refrain from doing something. The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting.
If one of the parties fails to keep the promise, the other is entitled to recourse against him. The law of contracts considers such questions as whether a contract exists, what the meaning of it is, whether a contract has broken, and what compensation is due the injured party.
Contract law is the product of a business civilization. It will not be found, in any significant degree, in precommercial societies. Most primitive societies have other ways of enforcing the commitments of individuals; for example, through ties of kinship or by the authority of religion. In an economy based on barter, most transactions are self-enforcing because the transaction is complete on both sides at the same moment. Problems may arise if the goods exchanged are later found to be defective, but these problems will be handled through property law – with its penalties for taking or spoiling the property of another – rather than through contract law.
Even when transactions do not take the form of barter, primitive societies continue to work with notions of property rather than of promise. In early forms of credit transactions, kinship ties secured the debt, as when a tribe or a community gave hostages until the debt was paid. Other forms of security took the form of pledging land or pawning an individual into «debt slavery». Some credit arrangements were essentially self-enforcing: livestock, for example, might be entrusted to a caretaker who received for his services a fixed percentage of the offspring. In other cases – constructing a hut, clearing a field, or building a boat – enforcement of the promise to pay was more difficult but still was based on concepts of property. In other words, the claim for payment was based not on the existence of a bargain or promise but on the unjust detention of another's money or goods. When a worker sought to obtain his wages, the tendency was to argue in terms of his right to the product of his labour.
A true law of contracts – that is, of enforceable promises – implies the development of a market economy. Where a commitment's value does not vary with time, ideas of property and injury are adequate and there will be no enforcement of an agreement if neither party has performed, since in property terms no wrong has been done. In a market economy, on the other hand, a person may seek a commitment today to guard against a change in value tomorrow; the person obtaining such a commitment feels harmed by the fact that the market value differs from the agreed price.
Traditional contract law developed rules and principles controlling the voluntary assumption of obligations, regulating the performance of obligations so assumed, and providing sanctions for failure to perform.
Modern commercial practice relies to a growing extent on arbitration to handle disputes, especially those that arise in international transactions. There are several reasons for the growing use of arbitration. The procedure is simple, it is more expeditious, and it may be less expensive than traditional litigation. The arbitrators are frequently selected by a trade association or business group for their expert understanding of the issues in the dispute. The proceedings are private, which is advantageous when the case involves trade or business secrets. In many legal systems, the parties can authorize arbitrators to base their decision on equitable considerations that the law excludes. Finally, when the parties are from different countries, an international panel of arbitrators may offer a greater guarantee of impartiality than would a national court. Despite these advantages of arbitration, the development of contract law may suffer considerably by a withdrawal from the courts of litigation involving some of the most significant and difficult problems of the present day, all the more so because the reasoning in arbitral awards is usually not made public.
UNDERSTANDING MAIN POINTS___________________________________
3. Answer the following questions using the information from the text:
-
What does making of a contract require?
-
What is one party entitled to do if the other fails to keep the promise?
-
What does the law of contract consider?
-
How do primitive societies enforce the commitment of individuals?
-
Did contract law exist in early societies? How were problems solved?
-
What does a true law of contract imply?
-
What are the reasons for the growing use of arbitration?
-
What are the advantages and disadvantages of arbitration?
4. Explain in other words the following words and word combinations:
1. to give hostages
2. to pledge land
3. to pawn into slavery
4. bargain
5. wages
6. assumption of obligations
7. to authorize
8. to be impartial
5.
PREPOSITIONS.
Choose the right preposition in brackets according
to the
contents of the sentences (into,
on, of, for, to).
-
What is the party entitled ... if the other fails to keep the promise?
-
In precommercial societies there was an economy based ... barter.
-
In primitive societies they pawned an individual ... «debt slavery».
-
What was the claim ... payment based on in primitive societies?
-
What does modern commercial practice rely...?
-
There are several reasons ... the growing use of arbitration.
-
What are the advantages ... arbitration?
6. Match the verbal combinations with the word ‘contract’ with their Ukrainian equivalents: