Файл: Metodi4ka.doc

1. employment law

2. legal redress

3. legal remedy

4. to handle a dismissal

5. corporate policy

6. to reconcile work and non-work life

7. parental leave

8. to restrain the unfettered exercise

9. to terminate

1. корпоративна політика

2. припиняти

3. відшкодування в суді

4. засіб правового захисту

5. обмежувати застосування

повноважень

6. регулювати звільнення

7. відпустка батьків

8. трудове право

9. узгоджувати графік робочого дня

Reading tasks_______________________________________________________

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

EMPLOYMENT LAW

Employment law is that part of law which deals with the legal problems arising from the employment relationship. The relationship between employer and employee is based on the contract of employment. However, with the development of trade unions, employers’ organisations and, in particular, state intervention, the subject covers many aspects other than simply the contract of employment.

Traditionally it has been thought that employment law, perhaps more than any branch of law, exists largely to prevent the need for the parties to a dispute to resort to the tribunals or courts. Resent trends have meant increased confrontation in the employment sphere and parties in such disputes seem more willing to resort to legal redress in order to test the legal merits of their actions. The law, therefore, is becoming increasingly important in such areas. The use of practice and procedures, which are based on the legal framework, are obviously still important but so is the use of the legal remedy.

Particularly in the past twenty years, employment law has had a growing significance for managers – whether general managers or human resource practitioners. Potentially, it influences and may constrain action that managers want to take.

A manager advising on the handling of a dismissal, for example, is more likely to produce an effective and lawful outcome if s/he does not focus exclusively on the problem in hand (terminating the employment of an employee who has misbehaved). Remembering the purposes behind the legislation (to provide fair reasons, fair treatment and natural justice and consideration of all the circumstances) is important. Similarly, a recognition of the business context and organizational needs is important.

Likewise, the development of corporate policies is more likely to be effective and well-informed if they are not seen, narrowly, as a series of conditions of employment to be applied mechanistically. For example, when parental leave policies are formulated, an understanding of the social trends against which they are developed is important (e. g. greater economic activity by women, longer working hours, difficulties of reconciling work and non-work life). Furthermore, the social purposes behind this legislation (to promote family-friendly policies and provide a better balance between work and non-work life) should be acknowledged to ensure that the corporate policies achieve the statutory objectives. A manager who understands these purposes is better able to defend and argue for policy developments with colleagues.

Broadly speaking, the employment relationship is regulated by voluntary and legal measures. Voluntary measures comprise agreements and other decisions. They also include voluntarily accepted standards of good practice. In practice, these do not exist as isolated sets of measures. They, invariably, interlink and influence each other.

These voluntary and legal mechanisms achieve two broad purposes.

First, at various points, they influence the function of management-i.e. the ways in which managers exercise power, control workforces and manage conflicts of interest. The influence on management can be illustrated in the following way. It is widely accepted that the employment relationship is characterized by an imbalance of power in favour of the employer. Both voluntary and legal regulation can restrain the unfettered exercise of this employer power. Furthermore, the law can establish both minimum conditions of employment and also set limits on the action an employer might take against employees.

The second purpose is to assert certain principles. On the one hand, there are those principles that influence the nature and quality of decisions that are made (for example, fairness, equal treatment, reasonableness, etc.). In addition are those principles, which mould the regulatory process itself – for example, the fundamental importance of consent to the contract of employment, and of procedural fairness in disciplinary cases.

UNDERSTANDING MAIN POINTS__________________________________

3. Make up a plan of the text in the form of questions. Ask your partner to answer them.

4. WORD STUDY. Find the meaning in which the word to employ is used in the text:

1. give work to, usually for payment.

2. make use of smth.

5. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (against, on, with, for, between, to).

1. Employment law is that part of law which deals _______ the legal problems arising from the employment relationship.

2. A manager advises _______ the handling of a dismissal.

3. It is important to understand the social trends _______ which they are developed, when parental leave policies are formulated.

4. An official who understands corporate purposes is better able to defend and argue _______ policy developments with colleagues.

5. The social purposes behind this sphere of legislation are to promote family-friendly policies and provide a better balance _______ work and non-work life.

6. Employment law exists largely to prevent the need for the parties to a dispute to resort _______ the tribunals or courts.

6. Make the following sentences complete by translating the words and phrases in brackets.

1. This sphere covers many aspects other than simply the contract of employment with the development of (профспілки), employers' organisations and, in particular, (втручання держави).

2. Contemporary trends have meant increased confrontation in the employment sphere and parties in such disputes seem more willing to (звертатися) to legal redress in order to test the (правову сутність) of their actions.

3. A manager advises on the handling of а (звільнення), for example, is more likely to produce an effective and (правовий вихід) if he or she does not focus exclusively on the problem in hand.

4. The progress of (корпоративна політика) is more likely to be effective and well-informed if it is not narrow, as a series of conditions of employment to be applied mechanistically.

5. Legal regulation can (обмежувати застосування повноважень) of the employer power.

7. WORD FAMILIES. Give the word family of the word to employ (such as adjective, noun etc.).

8. Find in the text all the word combinations with the word and family of the word employ. Give their Ukrainian equivalents. Make up your own sentences.

9. Match each word on the left with the correct definition on the right.

Employee - to send away from one’s employment

Employer - debate, controversy

Contract - arrangement or understanding (spoken or written)

made by two or more people

Dispute - person who is employed

Remedy - way to get satisfaction

Manager - binding agreement between persons, groups, states

Dismissal - power to sway or affect based on position, ability

Agreement - person who employs others

Influence - person who manages a business affairs in a certain way

10. Pick out from the text all the word combinations with the following words and give their Ukrainian equivalents.

- trend (n) – measure (n)

– resort (v) – regulation (n)

– legal (adj) – assert (v)

– policy (n) – contract (n)

11. Using the scheme (plan) of annotation annotate the text “Employment Law”

Reading tasks_______________________________________________________

Read the text quickly, then match each of these headings (a–g) with the paragraph (1–7) to which it best corresponds.

1. Termination of employment

2. Employment tribunals

3. Terms of employment

4. Employment legislation

5. Labour law

6. Protecting the disabled

7. Recruitment

1. Employment law entails contracts between employers and employees which are normally controlled by specific legislation. In the UK, certain laws have been enacted regulating the areas of sex discrimination, race relations, disability, health and safety, and employee rights in general. Also, certain aspects of employment contracts are covered by the Trade Union and Labour Relations Act 1992.

2. In the recruiting processes, employers must take into consideration that it is unlawful to discriminate between applicants for employment on the basis of gender, marital status, colour, race, nationality, or ethnic or national origins. It is also unlawful to publish job advertisements which might be construed as discriminatory. It is unlawful for a person to discriminate against another based on sex or marital status in the hiring process and in respect of the terms and conditions of employment. However, there are exceptions to this rule, such as where sex or marital status is a genuine occupational qualification (GOQ).

3. The law protects disabled persons by making it unlawful to discriminate against such persons in the interviewing and hiring process and regarding the terms of the offer of employment. Employers are required to make reasonable adjustments in the place of work to accommodate disabled persons. However, cost may be taken into account when determining what is reasonable.

4. After the employee is hired, protection is provided generally under the Employment Rights Act 1996. In particular, this Act requires the employer to provide the employee with a document containing the terms and conditions of employment. The statement must include the following: identities of the parties, the date of employment, a statement of whether there has been continuation of employment, the amount and frequency of pay, hours of work, holiday entitlement, job title and work location.

5. Matters related to termination of employment, such as unfair dismissal, discriminatory dismissal or redundancy dismissal, are governed by the Employment Rights Act 1996. Also, certain aspects of termination of employment are governed by the Trade Union and Labour Relations Act 1992 when the decision to terminate employment is in some way related to the activities of a trade union.

6. The protections mentioned above are largely enforced through complaints to an employment tribunal. The tribunal has the power to render decisions and issue orders in respect of the parties’ rights in relation to complaints. It may also order compensation for loss of prospective earnings and injured feelings.

7. Employment law relates to the areas covered above, while labour law refers to the negotiation, collective bargaining and arbitration processes. Labour laws primarily deal with the relationship between employers and trade unions. These laws grant employees the right to unionise and allow employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to have their demands fulfilled.

12. Match these key terms with the examples.

1. discriminatory dismissal

2. redundancy dismissal

3. unfair dismissal

4. genuine occupational qualification

1. An employee is laid off because his employer had insufficient work for him to do.

2. Only female applicants are hired for jobs at an all-women hostel.

3. An employee is fired when she becomes pregnant.

4. A worker’s employment is terminated because he took part in lawful union activities.

13. Answer these questions.

1. What does the phrase construed as discriminatory in paragraph 2 mean? What do you think would be involved in proving that a job advertisement could be construed as discriminatory?

2. What do you understand by the phrase reasonable adjustments in paragraph 3? What factors do you think might be taken into account when deciding if an adjustment is reasonable?

3. What do you think compensation for [...] injured feelings in paragraph 6 refers to? What kinds of work-related situations do you think could result in such a claim for compensation?

Reading tasks_______________________________________________________

14. Look at the title and read the first paragraph of the text. What do you think case bonanza means? Why will there be a case bonanza?

15. Read the first two paragraphs. What does each of the three planned directives deal with?

EU employment laws mean case bonanza

Employment lawyers will soon experience a major boom in work after the European Commission last month published plans to outlaw discrimination in the workplace on the basis of age, religion and sexual orientation. At present, UK domestic legislation only allows for claims against employers on the grounds of race, sex and disability. The proposed directive would also cover, inter alia, discrimination based on age and religion.

Further directives are also planned. A second one would deal with outlawing discrimination on the grounds of race and ethnicity more generally, while a third envisages a “programme of action”, providing practical support and funding for education on race-discrimination issues and for groups which target race discrimination.

Once passed, the directives would place a deadline on transposition into the national laws of the member states and might allow people to bring claims against governments and other state employers, such as local councils.

The directives would add to a large number of other European measures already enshrined in UK law, such as those covering maximum working hours and entitlement to parental leave, which were enacted last year, and have led to a huge growth in work for employment practitioners. It is only since the Amsterdam Treaty was passed last summer that European law-makers have had the ability to introduce anti-discrimination legislation on any basis other than sex.

David Cockburn, the former chairman of the Law Society’s Employment Law committee, said: “The whole discrimination industry will take off in the next four or five years because of so much legislation in the pipeline.” He said advising employers on how to avoid claims and increased awareness amongst the public of their rights would give rise to more work for solicitors. Mr Cockburn added that the scope of discrimination would also be opened up by a broader definition of indirect discrimination in the directive which would “remove any artificial hurdles claimants currently have to cross”.

Elizabeth Adams, chair of the Employment Lawyers Association’s international committee, said the directives would mean “more legislation for employers to tackle, more claims and more work for lawyers” as well as a “simpler route for claimants”.

16. Read the whole text and decide whether these statements are true or false.

1. A directive concerning entitlement to parental leave will soon be made into law in the UK.

2. David Cockburn thinks the discrimination industry will expand over the next few years because so many new laws have been passed.

3. Once passed, EU directives apply immediately to member states.

4. Elizabeth Adams thinks that the directives will make it easier for employees to file a complaint against an employer.

17. Match these words or phrases from the text with their synonyms.

1. to outlaw something

2. to bring a claim against someone

3. entitlement

4. claimant

1. a person asserting a legal right which

has been violated

2. a right to benefits specified by law or

contract

3. to make something illegal

4. to assert a legal right alleged to have

been violated

Listening_______________________________________________________

An employment tribunal claim

Lawyers are often consulted in employment rights disputes, providing consultation and representation for clients who want to make or defend claims to an employment tribunal. Employment tribunals are judicial bodies established in the UK to resolve disputes between employers and employees over matters involving employment rights, such as unfair dismissal, redundancy payments and discrimination. Do you have employment tribunals in your jurisdiction?

Generally speaking, the handling of a claim in the UK proceeds as follows: firstly, a claimant submits a claim, usually in person, to an employment tribunal. If there are any outstanding issues concerning such things as witness testimony, necessary documents etc. the chair of the tribunal then holds a case-management discussion to clarify them. Sometimes this is followed by a pre-hearing assessment or review (which the claimant may attend if desired), at which time the tribunal decides whether the claim has merit. Lastly, there is a final hearing where a decision is made as to whether the claim succeeds or fails, and if it succeeds the amount of damages to be awarded.

The following telephone conversation is between a lawyer (Jane) and a client (Gwen), who is an employer defending a claim filed with the employment tribunal. They discuss the preparations for a pre-hearing assessment. They mention a document called an entry of appearance. This is a written notice of appearance providing the respondent’s full name and contact details, as well as a statement of opposition to the claim, including the grounds upon which it is opposed.

18. Listen and tick the actions that Gwen will take following the phone

conversation.

1. attend a managers’ meeting 

2. contact the employment tribunal personally 

3. inform the management about the status of the case 

4. send an email with the requested document 

5. discuss the case with the dismissed employee 

6. write an exact account of the circumstances leading to the dismissal 

19. Choose the correct answer to each of these questions.

1. What does Jane want Gwen to do with the draft entry of appearance?

1. submit it to the employment tribunal for the pre-hearing assessment

2. review it, make any necessary changes and send it back to her

3. decide on the basis of it whether they want to proceed with the case

2. According to Jane, when would a lawyer make an application for a pre­hearing assessment?

1. when the defendant believes the claimant’s case is weak

2. when the defendant wants to present all of the evidence at the full hearing

3. when the defendant wishes to inform the court who will be representing him/her

3. Why does Jane think it will be better for her client if the case does not go to final hearing?

1. because it would save the parties involved time, effort and money

2. because she thinks her client could lose the case

3. because she thinks the good faith between employer and employee would be lost

4. What does the client state is her firm’s top priority in the case?

1. finding out exactly what the dismissed employee did with the confidential information

2. resolving the dispute successfully and getting back to work

3. avoiding the expense of having the case go to a full hearing

 Writing_________________________________________________________

20. This email was sent by Gwen to Jane as promised in the telephone conversation. What documents are attached to the email? Underline the sentences she uses to refer to them.

Subject: Myers dismissal case Attached: entry of appearance.pdf; reasons for dismissal_Myers.doc Dear Jane Further to out phone conversation this morning, I attach the revised entry of appearance form which you requested. In addition, please find attached a document providing a complete factual account of the circumstances of the theft. Kindly let me know if anything needs to be changed or if you require further information. I’d appreciate it if you could let me know as soon as possible whether the case can be handled solely on the basis of a written submission as you mentioned. Many thanks for your assistance in this matter. Sincerely Gwen Hill

21. Although Jane and Gwen have a friendly working relationship and are on a first-name basis with each other, the style of Gwen’s email to Jane is polite and formal. Which words or phrases contribute to the politeness and formality of the email?

22. Match these formal expressions from the email with their informal counterparts.

1. Kindly let me know

2. Further to our phone conversation this morning

3. for your assistance in this matter

4. which you requested

5. Sincerely

6. providing a complete factual account of the circumstances

7. I attach

8. Many thanks

9. if you require further information

10. I’d appreciate it if you could let me know as soon as possible

    1. Here’s the

    2. with all the facts

3. if you need more information

4. Tell me

5. As mentioned on the phone this morning

6. Thanks a lot

7. Please tell me asap

8. you asked for

9. for helping me out with this

10. Best wishes

Listening_______________________________________________________

In the following interview, a lawyer (Ms Brewer) tells her clients (Mr and Mrs Howard), who are business owners and employers, about the liability risk associated with drug testing in the workplace.

23. Listen to the interview and decide whether these statements are true or false.

1. Mr Howard says that the drug problem at his company is affecting business.

2. Ms Brewer informs her clients that the issue of employee drug testing is an unsettled area of the law.

3. If they dismiss a worker on the basis of a drug test that reveals the worker has taken drugs, Mr and Mrs Howard risk being sued for infringing employees’ rights.

4. Ms Brewer points out that under certain circumstances, the courts have decided that employers were entitled to dismiss an employee for work-related drug use.

5. Ms Brewer recommends laying off the workers suspected of consuming illegal drugs in the workplace.

24. In the course of the interview, the lawyer and her clients express opinions and agree and disagree about several points. The words and phrases they use are shown below. Match each phrase to its function:

O

A

D

A+D

expressing an opinion
expressing agreement

expressing disagreement

expressing agreement, but adding an opposing view

1. Exactly!

2. I agree with you, Mr Howard, but we have to look at what the law says.

3. I don't think we can risk waiting until they have had a chance to kick their drug habits!

4. John’s right - we need to act on this now.

5. I'm afraid I have to disagree with you both.

6. In my opinion, you risk more by acting hastily, by making a knee-jerk reaction to the problem.

7. That may be true, but we can't just sit back and do nothing.

8. I couldn't agree more!

9. I see your point...

10. ...you're absolutely right - you do bear responsibility for the safety of others.

11. That's not a bad idea...

25. Look at these phrases for disagreeing and tick the ones which you think would be acceptable for a lawyer to use with a client.

1. You’re wrong about that.

2. I see what you mean, but I still feel...

3. I suppose that could be true. However, I think...

4. I agree with you to a certain extent, but...

5. I totally disagree.

6. I’m not sure I entirely agree with you on that.

7. That’s not true.

8. You’ve got that all wrong.

 Speaking_______________________________________________________

26. Using the phrases for agreeing and disagreeing presented above, discuss these statements with a partner.

1. Sex discrimination cases will decline as women are now enjoying more equality in the workplace.

2. Drug testing in the workplace is an infringement of an individual’s right to privacy, a right which the courts should continue to protect.

3. It is an employer’s responsibility to help its employees overcome problems with addiction or substance abuse.

4. Women should be able to resume their careers where they left off after taking time off to bring up a family.

UNIT 11___________________________________________________________

CONSUMER LAW

Pre-reading tasks____________________________________________________

1. Express your opinion: Do we need any kinds of consumer protection? Have you ever had problems in this sphere?

2. Match the English and Ukrainian equivalents.

1. to pose undue risk

2. fraudulent information

3. consumer protection to

4. seek a refund

5. shortcoming

6. to seek a replacement

7. informative labeling

8. measure performance

9. violating the law

1. дефект, недолік

2. вимагати повернення грошей

3. критерій оцінки ефективності

4. захист споживача

5. вимагати заміни

6. наражати на надмірний ризик

7. порушення закону

8. надання інформації про товарний знак

9. шахрайська інформація

Reading tasks_______________________________________________________

Read the text to understand what information is of primary importance or

new for you

CONSUMER LAW: PROTECTION OF CONSUMERS

Consumer protection is a term, which is applied to the efforts of government, public-interest organizations, individuals, and businesses to establish, protect, and enforce the rights of people who buy products such as food and automobiles or services such as health care and insurance.

Products offered for sale should not pose undue risk of physical harm to consumers or their families.

Consumers need sufficient information in order to choose wisely among the competing products and services available. The marketplace, however, contains a great many different and complex products, and advertising is usually not informative enough for consumer purposes. Therefore, consumers often lack the information required to compare the quality of various products and services, to determine their true cost, or to be assured of their suitabilty or safety. Many consumer problems are caused by incorrect or fraudulent information.

Consumers often need more than just the information sellers disclose. For instance, firms rarely volunteer information about the shortcomings of their products. To provide essential comparative information, several private, independent organizations test products and report their findings to interested persons.

A consumer who has been cheated or who has bought a product or service that does not perform properly has a right to seek a refund, replacement of the product, or other remedy. Sometimes, however, a buyer finds that the manufacturer or seller will not cooperate in resolving the complaint. In recent years laws have been passed to help dissatisfied consumers. Some laws declare certain deceptive business practices illegal and give consumers the right to sue a business believed to be violating the law. The communications media — newspapers, television, and radio — often aid consumers. Problems with credit and billing can also affect consumers.

Also, the needs of consumers should be considered when government decisions affecting them are made.

Industrialization brought to many countries of the world consumer problems it caused. In many nations the government plays a major role in product testing and consumer education. In the Scandinavian countries and Mexico, for example, the government funds consumer information and education activities. Some nations place great emphasis on informative labeling. The Swedish Institute for Informative Labeling, for instance, works to promote the use of standardized labels that include information about the product’s performance in specific “standardized methods of measuring performance” tests. Other coun­tries focus their efforts on making consumer assistance and information more accessible. Austria’s Verein fur Konsumenten Information operates a demonstration center in Vienna where the public can inspect available brands and receive impartial buying advice. Most industrialized nations, and many developing countries, have consumer product testing organizations that also publish reports on product tests, services, and other matters of importance to consumers.

The International Organization of Consumers Unions (IOCU) links activities of some 130 organizations in more than 50 countries. It serves as an international forum on consumer problems and works to stimulate an interchange of product test information, consumer education materials, and other data among organizations of different nations. IOCU sponsors an Asian-Pacific Regional Office to assist consumers in developing countries. The organization also represents consumer interests in international agencies such as the United Nations.

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. Buyers need insufficient information in order to choose wisely among the competing products and services available.

2. The mass media — newspapers, television, and radio — often aid consumers.

3. A consumer often finds that the manufacturer or seller will not cooperate in resolving the contract.

4. In many countries trade unions play a major role in product testing and consumer education.

5. This club also represents consumer interests in international agencies such as the United Nations.

4. Complete each sentence with a word from the list:

replacement shortcomings seek rights suitability

protection health care information food cost remedy

sue violating individuals bought illegal information

products consumer

1. Certain laws declare the deceptive business practices_________and give_________the right to_________a business believed to be_________the law.

2. Consumer_________is a term, which is applied to the efforts of government, public-interest organizations, _________, and businesses to establish, protect, and enforce the_________of people who buy products such as_________and automobiles or services such as_________and insurance.

3. Buyers often lack the_________required to compare the quality of various_________and services, to determine their true_________, or to be assured of their_________or safety.

4. Organizations rarely volunteer_________about the_________of their products.

5. A man who has been cheated or who has_________a product or service that does not perform properly has a right to_________a refund, _________of the product, or other_________.

5. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (to, of, in, for).

1. People often lack the information required to compare the quality______various products and services, to determine their true cost, or to be assured______their suitabilty or safety.

2. The term “consumer protection” is applied______the efforts of government, public-interest organizations, individuals, and businesses to establish, protect, and enforce the rights of people who buy products.

3. Products offered______sale should not pose undue risk of physical harm to consumers or their families.

4. Some organizations sponsor a European Regional Office to assist
   consumers______developing countries.

6. Find in the text all the word combinations with the word and family of the word consume. Give their Ukrainian equivalents. Make up your own sentences.

7. Use the word in capitals at the end of the line to form a word that fits in the space in the same line. The first has been done for you.

Some laws declare certain deceptive

business practices (1) illegal. Consumer LEGAL

(2) ________ is a term, which is applied PROTECT

to the efforts of (3) ______________ and GOVERN

other (4) ___________ . ORGANIZE

Consumers need sufficient (5) _______in INFORM

order to choose wisely among the (6) _______ COMPETE

products and services (7) _______. Consumers often AVAIL

lack the information required to compare the

quality of various products and services,

to determine their true cost, or to be assured

of their (8) ______ or safety. Many consumer SUIT

problems are caused by (9) __________ CORRECT

or (10) __________ information. FRAUD

Some nations place great emphasis

on informative (11) ________. LABEL

8. Using the scheme (plan) of annotation annotate the text “Consumer Law: Protection of Consumers”

UNIT 12___________________________________________________________

THE NOTARY

Pre-reading tasks____________________________________________________

1. 1. What legal documents provide the range of duties and powers of the Notary in Ukraine? Have you read them?

2. Have you ever gone to the notary? When and what reason?

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

1. notarial seal

2. ecclesiastical officer

3. law user

4. authenticity

5. to be admissible

6. in a proper manner

7. certified deed

8. legal certainty

1. користувач права

2. правова визначеність

3. завірений документ

4. належним чином

5. автентичність, достовірність

6. печатка нотаріуса

7. бути допустимим

8. церковний посадовець

Reading tasks_______________________________________________________

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

THE NOTARY

The notary is a public official who by state delegation attributes public certification to the documents (contracts, deeds, etc.) he draws up by an appropriate certificate with a notarial seal. These documents are admissible without further proof of their authenticity In order to allow him independence, the notary has recognised professional status in the way he performs his functions.

In Roman law the notarius was originally a slave or freedman who took notes of judicial proceedings. The work of the modern notary, however, corresponds more to that of the Roman tabularius, who took and preserved evidence. In medieval times the notary was an ecclesiastical officer who preserved evidence, but his duties were mainly secular.

In the United States, qualifications for the position vary little from state to state, and, in general, a notary must be a citizen of legal age and a resident of the area in which he desires appointment. The jurisdiction of the notary's office is limited to the state or, in some states, only the county in which he resides. In countries such as France and Italy, however, and in the Canadian province of Quebec, which follow the civil-law tradition, there are educational requirements for notaries similar to those for lawyers.

In the civil-law countries of western Europe, and in Latin American and French areas of North America, the office of notary is a much more important position than in the United States and England. The civil-law notary may be roughly described as a lawyer who specializes in the law relating to real estate, sales, mortgages, and the settlement of estates but who is not allowed to appear in court. Documents prepared by him or authenticated in the proper manner are, in these countries, admissible in court without further proof of their authen­ticity; the notary guarantees the identity of the parties.

The services offered by a notary, whether in the form of advice, which is provided to the parties in an impartial but active, manner, or of a certified deed, gives the Law user the legal certainty he seeks. Such legal certainty is ensured by two conditions: on the one hand, notaries are required to have the high educational qualifications which are similar to those required for lawyers (since access to the profession is allowed only after special training), and on the other, the strict disciplinary rules they are subject to in the exercise of their functions.

The notary is qualified as a public official because the State delegates to him the powers of public certification, so the documents drawn up by a notary are considered to be authentic, which means that the deed or contract is valid.

The notary draws up a document after hearing the will of the parties, he adjusts such will to the legal system through his advice and at the same time he exercises control to ensure it is licit by virtue of the powers conferred upon him by the State. The notary is the author of the document and therefore he is responsible for its consistency with the law.

Consulting services are provided to private individuals in an active, personalised and unbiased manner. The duty of being unbiased compels the notary to inform and provide special assistance to both parties and in particular to the party which were to be in a condition of inferiority with respect to the other in order to reach the necessary balance that will make sure that the contract is entered into in conditions of equality.

The notary as a public official exercises his functions within a pro­fessional setting and within the field of private law where there is no conflict, i.e. only in the sphere of private legal relationships that are established, modified or terminated without disagreement between the parties.

In summary, the function of a notary is preventive in nature, and is thus opposed to the function of a judge, in that the notary has the role of reducing the risk of litigation; a notary provides legal support to the agreements between citizens; thus he protects the legitimate interests of the users of law.

UNDERSTANDING MAIN POINTS___________________________________

3. Answer the following questions using the information from the text:

1. What is a notary?

2. How do notary's responsibilities vary?

3. What countries is the office of notary more important than in England? Why?

4. Is there any differences in duties and responsibilities of notaries from different countries?

5. How can the civil-law notary roughly described?

6. What kind of documents does the notary deal with?

7. What kind of advice can the notary provide?

8. What is the notary responsible for as a public official?

4. WORD STUDY. Find in the text the words that correspond to the following definitions:

(Here are several definitions of the legal terms used in the text. Read and translate each of them and guess the term)

• written documents that explain each side's case and tell why the country should decide in its favour;

• an interest in property created as a form of security for loan or payment of a debt and terminated on payment of the loan or debt;

• a lawyer or legal practitioner who attests or certifies deeds and other documents or protests dishonoured bills of exchange;

• a document by which a person appoints executors to administer his estate after his death, and directs the manager in which it is to be distributed to the beneficiaries;

• a written document that is signed, sealed and delivered; if it is a contractual document, it is referred to as a contract under seal;

• a contract involving the sale of goods or a similar contract of transfer;

• a gratuitous transfer or grant of property. A legally valid gift must normally be effected by deed, by physical delivery in the case of chatteles.

5. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (in, with, for, to, up, from): Note! Pay attention to the differences between “adverbial particles” and “prepositions”.

1. Mens rea, the certain state of mind, varies ... crime to crime; they may be recklessness, negligence, intention to bring about a par­ticular consequence.

2. Which field of law does your brother specialize ...?

3. Liability is responsibility ... one’s actions together with an obli­gation to repair any injury caused.

4. What are his requirements ... you?

5. Bribery and corruption are offences relating ... the improper influencing of people in certain position of trust.

6. Notary is a legal practitioner who draws ... legal documents, attests deeds, etc.

7. The room became dark and the thief s eyes a moment adjust... the situation because he had to look ... his knife quickly and then escape.

8. Examples include the immunity of members of the House of Commons and the House of Lords from proceedings ... respect ... words spoken in debate.

6. WORD FAMILIES. Give the chain of derivatives for the words below: Example: effect-effective-effectiveness-ineffectiveness;

to certify, to require, office, mortgage, authentic, bias, to agree, to reside

7. Match the verbs in column A with the nouns in column B.

A	B
to authenticate to draw up to attest to give to provide to certify to verify to adjust (to smth.) to take notes of to exercise	complaints legal advice legal assistance signature seal deed judicial proceeding wills gifts functions

8. Match the following synonyms and try to guess the differences in their meanings. Compose your sentences to illustrate the usage of these words.

Word	Synonym from the text
impartial to verify by means of sphere legitimate to perform to attest litigation position demands transaction	requirements unbiased deed to authenticate licit by virtue of judicial proceeding office field to certify to exercise

9. Study the following text containing the following «connectors» — words (suggested phrases: “therefore, in general, however, on the one/other hand, in summary, thus, i.e., etc”). Copy and complete the table, illustrating with your own examples. If difficult you may complete the table in your native language and then give an example.

connector	meaning	Use: In what part of the text/essay	Your example
1. Therefore 2.	For that reason, consequently	To give a logical consequence

10. A. Read and translate Article 41 of the Ukrainian Constitution:

• Everyone has the right to own, use and dispose of his or her property, and the results of his or her intellectual and creative activity.

• The right of private property is acquired by the procedure determined by law.

• In order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law.

• No one shall be unlawfully deprived of the right of property. The right of private property is inviolable.

• The expropriation of objects of the right of private property may be applied only as an exception for reasons of social necessity, on the grounds of and by the procedure established by law, and on the condition of advance and complete compensation of their value. The expropriation of such objects with subsequent complete compensation of their value is permitted only under conditions of martial law or a state of emergency.

B. Translate the sentence; be sure that you know the words in italics:

1. Найбільш поширеними способами набуття права власності є купівля, отримання в дар (дарування), у спадок за заповітом (право спадкування) та ін.

2. Довіреність на укладання угод має бути нотаріально за­свідчена.

3. Згідно з цивільним законодавством спадкування поділяється на спадкування за законом та за заповітом.

4. Купівля-продаж —договір, за яким одна сторона зобов’язує­ться передати майно у власність іншій стороні за певну грошову суму.

11. Translate into English using the vocabulary of the text.

A. Нотаріус (від лат. notarius — писар, секретар) — це посадова особа органів прокуратури, яка вчиняє нотаріальні дії. Нотаріусом може бути громадянин України, який має вищу юридичну освіту, пройшов стажування протягом 6 місяців, склав кваліфікаційний іспит та одержав свідоцтво про право займатися нотаріальною діяльністю.

B. Нотаріат (від “нотаріус”) — система державних органів, що здійснюють нотаріальні дії, які спрямовані на підтвердження і закріплення безспірних цивільних прав і фактів.

12. Write a short composition or dialogue describing your visit to the notary office and the prevailing atmosphere.

UNIT 13___________________________________________________________

CURRICULUM VITAE.

Pre-reading tasks____________________________________________________

1. Have you ever worked? What documents did you have to supply?

2. What is resume?

Reading tasks_______________________________________________________

Read the first part of the text to understand the purpose of Curriculum Vitae writing.

CURRICULUM VITAE

Curriculum vitae = C V = resume (USA) = brief personal history.

When a company needs to recruit new people, it can give an announcement in the «Need help» section of a newspaper.

People who are looking for a job can send a letter of application or covering letter (USA cover letter) and in some cases a curriculum vitae or c.v. (in the USA — resume) containing details of their education and experience. A company may ask candidates to fill up a standard application form (see below). The company’s Human Resources department selects the most suitable applications and prepares a short list of candidates or applicants, who are invited to attend an interview.

CVs are required for all except the most junior jobs, and are used as a basis for assessment and comparison of applicants for a job.

CVs provide information about an applicant, set out in a way that is easy to read. They should include: name; address and telephone number; date and place of birth; nationality; married or single (give the ages of any children); dates and places of education; examinations passed, especially if internationally recognized; knowledge of English and of other languages; previous employment and work experience; outside interests, hobbies, etc. CVs can vary slightly in the layout, but all give the same basic information. How to write a resume? What Is a Resume?

A resume is a one or two page summary of your skills, accomplishments, experiences, and education designed to capture a prospective educator’s or employer's interest. The purpose of a resume is to introduce yourself to a university, a job or any place where you apply. It is the primary tool of your education or job search and may take several drafts to prepare effectively.

Before you can write an effective resume, you must first be able to identify your skills and abilities as well as your special needs relating to the work environment, salary, geographic location, and people environment. This will help you to develop a career objective.

As you write your resume, keep in mind the following: 1. Use concise language; 2. Minimize or omit everything that is irrelevant; 3. Place the most important information at the beginning of your resume; 4. There must be no grammatical errors; 5. Let an experienced person read it; 6. Print your resume on good paper.

A curriculum vitae/resume must accompany each application for volunteer service. Listed below are the specific items needed:

PERSONAL DETAILS

• Name in full

• Current address

• Phone number

• Fax number

• Email

• Date and Place of birth (optional at time of application but is required for

visa and insurance purposes)

EDUCATION

• Secondary School and dates attended

• University/Institute and dates attended

• Educational degrees / certificates date/month received

• Also include any positions held

WORK EXPERIENCE

• List, dates, locations and positions

SPECIAL INTERESTS / HOBBIES / SKILLS

• Competitions and any achievements

• Community involvement

• Sport, arts, music, etc.

AIMS IN LIFE

REFERENCES

Texan Publishers Inc. an equal opportunities employer

APPLICATION FOR EMPLOYMENT

All qualified applicants will receive equal opportunity for employment without regard to race, creed, color, national origin, sex or age.

NAME _________________________

LAST FIRST MIDDLE

RESIDENCE_________________________________________________________

STREET ADDRESS

_____________________________________________________________________

CITY STATE ZIP CODE

TELEPHONE_________________________________________________________

SOCIAL SECURITY NUMBER__________________________________________

DO NOT WRITE HERE – OFFICE USE ONLY

DATE OF INTERVIEW POSITION____________________________

SALARY $_______________________INTERVIEWED BY___________________

HIRE______________________________DEPT.____________________________ SPECIAL NOTES______________________________

TO BE COMPLETED IF & WHEN EMPLOYED

DATE OF BIRTH________________MARITAL STATUS____________________

MAIDEN NAME IF APPLICABLE____________________

EMPLOYMENT DATA:

REFERRED BY ___SALARY DESIRED______________

APPLICATION FOR POSITION OF______________________________________

FULL TIME PART TIME SUMMER TEMPORARY OTHER

ARE YOU WILLING TO WORK OVERTIME AS REQUIRED? YES NO

PERSONAL DATA:

I f you are not a U.S. citizen, what is your Alien Registration or Visa Classification Form Number?

Have you ever been convicted of any violation of law other than minor traffic violation? If yes, indicate disposition.

MEDICAL HISTORY:

Do you have any medical problem that would prevent you from performing the
job you applied for? Yes No

If yes, please explain

EDUCATION:

NAME AND MAJOR DID YOU DATE OF

ADDRESS GRADUATE? ATTENDANCE

High School

College or University

Graduate School

Other

PREVIOUS EMPLOYMENT:

Are you now employed? _______

If so, may we inquire of your present employer? Present or last employment _______

Company/address _________________

Telephone _____________________________

Position/title _______________ Immediate Supervisor

From: Month _____Year _______ Starting Salary $ _____ per

To: Month_____Year _______ Final Salary $ _____ per

Reason for leaving _______________________

Describe major duties

AS AN APPLICANT YOU AGREE TO AND UNDERSTAND THE FOLLOWING:

1. I understand Texan Publishers Inc. follows an employment-at-will policy, in that I or Texan Publishers may terminate my employment at any time, or for any reason consistent with applicable state or federal law. I understand that this application is not a contract of employment. I understand that to be employed I must be lawfully authorized to work in the United States, and I must show Texan Publishers documents that will prove this.

2. I understand that Texan Publishers will thoroughly investigate my work and personal history and verify all data given on this application, on related papers, and in interviews. I authorize all individuals, schools and firms named herein, except my current employer if so noted, to provide any information requested about me, and I release them from all liability for damage in providing this information.

3) I certify that all statements herein arc true and understand that any falsification or willful omission shall be sufficient cause for dismissal or refusal of employment.

Signature of ApplicantDate _____________

Read the second part of the text to be ready to select the best CV format in your situation.

Selecting your CV format

To get yourself noticed it is important to use a CV format which will best represent you in the jobs market. There is any number of ways of laying out (планувати) a CV, but these can in fact be reduced to 5 basic examples: Chronological CV (traditional approach (підхід) superseded (заміняти) by the Performance CV), Functional CV, Performance CV (an updated form of the Chronological CV), Targeted CV and Alternative CV. The three major formats of resume used by students are Chronological, Functional, and Combined. Each format has particular advantages that you must consider as you prepare it. Choose a format that best emphasizes your skills and experiences, and relates to your job objective. Each of these formats has its advantages and disadvantages (see below).

In general the Performance CV works best for most people, assuming that you are staying in the same field. If this format is unsuitable for you then you could try either the Functional or Targeted CV formats and see which reads/looks better for you. Even if you create a Performance CV for yourself, there are times when a Functional/Targeted CV may help you secure an interview when a Performance CV would fail.

Performance or Chronological CV

In a Performance or Chronological format your employment history is shown in reverse chronological order, with your most recent job first. Job titles and company names are strongly emphasized and duties and achievements are described under each job title. You should use a Performance CV when you are seeking a job which is directly in line with your past experiences or your last employer was a household name. The only difference between a Chronological CV and a Performance CV is that the Performance CV highlights a list of your major achievements near the start of your CV.

Advantages:

1. If you are planning to stay in the same field/work area.

2. If you want to show-off your promotions.

3. If the name of your last employer is highly prestigious.

4. Most people prefer this format to the other formats listed here because it is

easy to see who you have worked for and what you did in each particular job.

Disadvantages:

1. If you are planning to change career direction.

2. If you have frequently changed employer.

3. If your work history has been patchy in recent years, either through unemployment, redundancy, self-employment, ill health, etc.

4. If you do not have many achievements (you could just leave out the achievements section as in a traditional Chronological CV) or your achievements are not in line with what you want to do now — either leave out the achievements section or consider using a Functional or Targeted CV

Functional TV

The Functional format highlights major areas of accomplishment and strength. Actual titles and work history are in a subordinate position and sometimes left off entirely. This style gives you flexibility in emphasis and eliminates repetition of job assignments. This type of CV highlights the main functions/achievements of your whole career and it can therefore be very useful if you have had a varied career or you are seeking a change of career direction. In this format, job titles and company names are given less dominance or even omitted (не вклю­чати) in some cases.

Advantages:

1. If you want to emphasize abilities and achievements that have not been used in your most recent job(s).

2. If you are changing career direction.

3. If you have had a large number of jobs and you would prefer to describe the experience you have gained in total.

4. If you want to include voluntary/unpaid experience.

5. If your work history has been patchy in recent years, either through unemployment, redundancy, self-employment, ill health, etc.

Disadvantages:

1. If you want to highlight promotions/career growth — you could include this sort of information on the second page of your CV, but it would not be as prominent as on a Performance CV.

2. If your most recent employer is highly prestigious, because their name will not be prominently displayed on the first page. You can get round this by putting their name in both the profile and cover letter.

3. If your job has only a limited number of functions.

4. Unusual CV format — may not be liked by everyone.

Targeted CV

This type of CV emphasizes your abilities and achievements which are directly relevant to a specific job target. It is best used when you are planning a change of career direction.

Advantages:

1. If you want to emphasize abilities and achievements that have not been used in your most recent job(s).

2. If you are changing career direction.

3. If you have had a large number of jobs and you would prefer to describe the experience you have gained in total.

4. If you want to include voluntary/unpaid experience.

5. If your work history has been patchy in recent years, either through unemployment, redundancy, self-employment, ill health, etc.

6. If you have several completely different job targets and you need a CV for each.

Disadvantages:

1. If you want to highlight promotions/career growth — you could include this sort of information on the second page of your CV, but it would not be as prominent as on a Performance CV.

2. If your most recent employer is highly prestigious, because their name will not be prominently displayed on the first page. You can get round this by putting their name in both the profile and cover letter.

3. Unusual CV format — may not be liked by everyone.

Alternative CV

This sort of CV is suitable for creative careers in, for example, writing, public relations and fashion designers. It is not suitable for senior managers/executives who would be better advised to use the Performance CV.

Advantages:

1. If the job requires exceptional talent in either the written or visual mediums.

2. If you will be applying directly to the person you will be working for.

Disadvantages:

1. Not to be used if you are seeking a management position.

2. If you are planning to apply through normal channels such as advertised vacancies/the Personnel Department.

This CV format may fail utterly if your ideas are not well received by the recipient of your CV.

Combined CV

In the Combined format, you capitalize on the best of both the Chronological and the Functional formats by emphasizing your skills first, followed by an employment history. A Combined format is especially useful if your employment history is not directly related to the job target, yet denotes responsibility and potential.

3. Using the following example and keeping in mind at whom your resume is directed choose the format of your own resume and explain your choice. See an example of chronological one.

Chronological resume: SVETLANA PETRENKO P. O. Box 9434 Lviv, Ukraine 290005 Telephone: (+380 322) 69 98 33 Fax: (+380 322) 75 44 16 E-mail: svetlana@mydomain.lviv.ua PERSONAL INFORMATION Date of Birth: August 7, 1977 Place of Birth: Lviv, Ukraine Citizenship: Ukrain Language spoken: Ukrainian, English, Russian, Polish EDUCATION 1994 High School 53, Lviv Ukraine, received high school diploma 1994 Gilmer High School, Gilmer Texas, received high school diploma, with honors 1995 - present Law Faculty, Lviv State University, Ukraine 1995 Pre-law department, Lviv State University, Ukraine 1996 Alpbach Summer Program on European Integration, Austria 1997 Harvard Ukrainian Summer Institute (FTUSI), History and Political Studies, USA 1998 course on Conflict Resolution at St. Paul's University, Ottawa, Canada WORK EXPERIENCE 1998 Intern in the House of Commons, Ottawa Canada, office of Dennis Mills 1995 English Teacher, 11 th grade , School 99, Lviv, Ukraine 1994-1996 Research Assistant to Julie-Anne Franko, graduate student Yale University AWARDS AND SCHOLARSHIPS 1998 Full Scholarship to Canada -Ukraine Parliamentary Program 1997 Full Scholarship to Harvard Ukrainian Research Institute Summer Program 1996 Full Scholarship to Alpbach Summer Program on European Integration 1994 Globe Scholar Award, Gilmer USA 1994 Second place, University Interscholastic League District Award for Speech Making 1993 Rotary Scholarship: one year exchange program to the USA 1992 Lviv Regional English Language Olympiad, II prize COMMUNITY AND VOLUNTEER ACTIVITIES 1998 President of Rotaract Club of Lviv. Head of the project in Livchytsi Boarding School for Mentally Impaired Children, English-Ukrainian Simultaneous Translator, TAIZE meetings, Stuttgart Germany, Vienna Austria HUSI Alumni Association Youth Group, Trinity Church, (Greek-Catholic) SKILLS AND INTERESTS Driving (license 1995) Computer, IBM, Macintosh (Microsoft Word, Word Perfect, E-mail, Internet) Judo

Note!

1. Your CV is the information on which your potential employer bases his or her decision on whether to bother interviewing you or not.

2. Your CV should be suitable for each job application — the information should be relevant to the job that you are applying for.

3. Don't be afraid to oversell yourself. Obviously don't blatantly (очевидно) lie on your CV, but you can exaggerate your existing skills (especially if you know for sure that you can do what you are saying you can).

4. Your CV must stand out (відрізняться) from the rest — it's an advert for the skills and services you have to offer.

What should you leave out of your CV?

1. Photos — the only people who need to include these are models, actors, actresses and possibly air cabin crew. Any sort of failure — exams, marriages, businesses, etc.

2. Reasons for leaving each job.

3. Salary information — this can only be used to reject your application. If an advertisement specifically requests this information you can always include the information in your cover letter.

4. Fancy patterns/borders — these detract from your presentation.

5. Title pages, binders (палітурка) and folders (бpoшypa) are usually unnecessary and can be off-putting (though if you are doing a special presentation, enclosing your CV in a binder may look more impressive).

6. Do not include a list of publications if you are a scientist, unless they are asked for.

7. Leave out age (put in date of birth instead), weight, height, health, or any other personal information that is irrelevant to your application.

8. Do not use poor quality photocopies of your CV — they make it look as though you are sending off your CV to lots of companies and that you may not be bothered who you work for.

__________________________________________________________________

COVER LETTER

Pre-reading tasks____________________________________________________

1. Give the exact translation of the term “cover letter” in Ukrainian?

2. What does it mean from your point of view? Is it important?

Reading tasks_______________________________________________________

Read the text to understand the purpose of cover letter and the main points of writing it.

COVER LETTER

Whenever you send out a resume, it must be accompanied with a cover letter. The purpose of the letter is to personalize your resume for an employer, and enable you to elaborate more fully on your qualifications.

Why a powerful cover letter is essential?

The average employer is likely to be swamped with applications. Often employers receive more than 100 applications for every single position. Put yourself in the place of the employer who has the task of sifting through stacks of letters hoping to find something that will cause him/her to reach for the telephone. You want your letter to stand out.

BASIC RULES FOR EFFECTIVE COVER LETTERS

1. Address each letter to the recipient by name in both the inside address and the salutation. If no name is given, call to find a contact person.

2. Start your letter off with a strong sentence ... one that almost begs the reader to read on.

3. Do not point out what the employer can do for you or what you hope to gain from this job. Instead, show how you can address the needs of this particular employer. Indicate what you have accomplished that you can offer this employer.

4. Use the body of the letter to highlight brief facts about yourself and your accomplishments that will arouse the reader’s curiosity and will interest her/him in reading your resume.

5. Skills are not the only factors that determine success. It is also a result of personal characteristics and the ability to interact with others. Therefore, in your letter complement the skills that you highlight by describing personal qualities which will enable you to perform well.

5. In conclusion, ask directly for a meeting and indicate that you will call within a week to ten days to arrange a time at their convenience. By mentioning when you will call in the letter, you are showing serious interest and initiative and almost forcing yourself to follow up!

6. Do not use a letter that looks like it could have been sent to anyone. Make each letter unique to each employer.

7. Keep your letter short (one page).

8. Quantify your experiences and achievements.

9. Sign the cover letter and place it on top of the resume when sending it to an employer.

All cover letters are different but most have three parts: introduction, body and closing. The introduction and closing should each be one paragraph while the body could be one or two paragraphs.

Formatted as a business letter (see example below).

Jane Jobseeker 100 Bluegrass Road Landville, TN 37966 Ms. Terri Bigboss Senior Staff Recruiter Acme Widgets, Inc. Building 4, Suite 223 Anytown, New Jersey 05867 September 28, 2000 Dear Ms. Roberts: Paragraph One State reason for letter, name the position or type of work you are applying for, and identify the source from which you learned of the opening (i.e.: career development center, newspaper, employment service, web advertisement, personal contact). Paragraph Two and maybe Three Tell why you are interested in the position, the company, its products and services. Above all, stress what you can do for the employer. If you are a recent graduate, explain how your academic background makes you a qualified candidate for the position. If you have practical work experience, point out specific achievements or unique qualifications, even though these will also appear in your resume. In the cover letter, your discussion of the­se things will allow the reader not only to get a quick, efficient view of your major selling points; it will also allow the reader to sense your tone and personality. Don't, however, go on at too great a length here. After pointing out your highlights the things about you that most qualify you for the job, internship, scholarship, prize money, etc. refer the reader to your enclosed resume or application, which summarizes your qualifications, training, and experiences. This paragraph, or perhaps these two paragraphs, are very important. Here is where you’ll use your powers of rhetoric most profoundly. This is the place where you must bring your experience, education, and personality to life and convince the reader that you are the hand that will fit into the glove of the job (or whatever) that you're applying for. Paragraph Three or Four Request a personal interview and indicate your flexibility as to the time and place. Repeat your phone number in the letter and offer assistance to help in a speedy response. For example, state that you will be in the city where the company is located on a certain date and would like to set up an interview. Or, state that you will call on a certain date to set up an interview. End the letter by thanking the employer for taking the time to consider your application. Sincerely yours, Jane Jobseeker

Helpful Hints

Pay attention to details. Make sure the letter contains no errors in spelling, grammar or punctuation. Spell the recipient’s name, and the name of the company, correctly.

Don’t use gimmicks (дивина) such as off-sized or colored paper. Use good-quality, white bond paper.

Research the company. Relate what you have to say about yourself to the needs of the company.

Use appropriate language by repeating terms the employer used in the advertisement.

Don't exaggerate, brag (хвалитися), lie, or beg.

3. Using the above-mentioned information try to compose your own cover letter.

4. Look at the following advertisements for employment. Make up your biography in Ukrainian, then a CV or resume in English to apply for the job indicated, taking into consideration your individual working experience (internship in youth camps, part-time jobs, etc.)

Kyivsky Viclomosty, April 2000 Wanted lawyer full-time for small joint venture. Good salary. 5-day week, hours 9-5 usually benefits. Reply with typed c.v.: LH Murrey, 23/34 Lvivska Ploshcha, Kyiv-09, Ukraine Courier Today, 6 August 2000 Education Centre looks for Interpreters Translators University degree Experience as interpreter in a foreign company Please reply with resume to: English House Mrs Mariah Johnes 35 Kucherenko, Kyiv, Ukraine

5. Requesting and giving personal references

A. Consider the letters requesting a written reference, pay attention to the wording.

Рекламне агентство 17, вул. Григорівська, Київ-4,Україна Менеджеру по кадрах Пані Бровко І.А. СВІТОЧ 256, вул., Клочківська, Харків, Україна Вхідні: Вихідні: X456-78 20 листопада 2000 р. Шановна пані Бровко! Пані Іванова подала заяву про прийняття на посаду юриста нашого агентства та назвала Ваше ім’я як її рекомендувача. Ми були б вдячні, якби Ви висловили свою думку, щодо її відповідності цій посаді. Ми особливо зацікавлені мати у розпорядженні фахівця зі здатністю до самостійної роботи. Зрозуміло, що будь-яка інформація, яку Ви надасте, зали­шиться конфіденційною. Щиро вдячні, Начальник відділу персоналу А.Стеценко

SVITOCH 256, Vulytsia Klochkivska, Kharkiv, Ukraine Your ref: X456-78 Advertisement Agency Our ref: P-44-00 17,Vulytsia Grygorovska 12 November 2000 Kyiv-4 Ukraine To whom it may concern Reference for Olga Ivanova As Miss Ivanova's previous employer I am happy to recommend her to you. Olga Ivanova has worked as a lawyer in our agency since April 1999 and has gained considerable experience of work in the field of law. We have a high regard for her abilities and motivation. As an employee she has always been diligent, industrious, persistent, and attentive. Working in our agency Miss Ivanova demonstrated proficiency in law, which has been a great help to us. Her character and personality are commendable. We are most unhappy that Miss Ivanova is unable to continue her work in our agency because of the change in our working schedule. However, we believe that her next employer will require an efficient and productive professional. Regards, I. Brovko Personnel Manager

B. Complete the chart with the focus phrases of letters requesting and giving personal references.

English	Ukrainian
	Звернення до
Miss Ivanova has given your name as a reference Requesting opinion about the referee
	Гарантія конфеденційності
Agreement to issue a reference
	Як попередній наймач пані Іванової, я із задоволенням рекомендую її Вам.
Positive recommendation

6. Make up a request for reference in English from the company you have applied to (see the previous task) and a reference in Ukrainian for yourself from the educational establishment you attend now or your present or previous employer.

7. Imagine yourself as an employer and fill the blanks in the employment letter.

EMPLOYMENT LETTER Date: ____ To: _____ (Employee) Dear ____: We are pleased to confirm your being employed by our firm in the capacity of ____. You will report directly to ____, commencing with your start of employment on ____, 200 ____. Your salary shall be $____per ____. You will also be covered by the standard group benefit plans and fringe benefits explained to you. For the first year vacation time shall be pro-rated, so you will be entitled to ____ days vacation for this year. If you agree, please sign the enclosed copy and return for our files. We look forward to your joining the company. Very truly,

UNIT 14___________________________________________________________

MARITIME LAW

__________________________________________________________________

1. What is Maritime Law?

• A body of national laws – which are international in scope - relating to ships, shipping operations (including navigation and the carriage of goods by sea-going vessels) and seamen.

• The focus of these laws is on the ship, its crew and its cargo. The underlying intention is to regulate behaviour (as with all laws) and to provide rules and procedures to resolve disputes and facilitate restitution in case of harm or damage.

2. What does “maritime law” include?

1) Public Maritime Law

• Ship safety

• Collisions & COLREGS

• Limitation of liability

• Salvage

• Pollution

• Ship registration

• Dispute resolution

• Maritime liens & mortgages

2) Private Maritime Law

• Crew contracts

• Carriage of goods by Sea & Bills of lading

• Charter parties

• Towage contracts

• Sale & Purchase contracts

• Passenger contracts

3. Characteristics of Maritime Law:

1) It is a wide field of law – encompassing numerous national laws, regulations and international conventions.

2) The system is enforced through national laws, but is strongly influenced by conventions and thus can be said to be international in effect.

4. What are Maritime Conventions?

• Concept: Multilateral Treaties agreed between nation states.

• Intention: to create uniformity between states with respect to formulation of laws and associated regulations.

• Objective: to promote predictability of outcomes & encourage international trade and global business investment.

5. Who creates Maritime Conventions?

• The 3 principal inter- governmental organisations are:

  • Comite Maritime (CMI)

  • Intl Maritime Org (IMO)

  • Intl Labour Org (ILO)

• Other convention organisations include the ILO and UNCTAD.

• Each organisation acts as the “permanent secretariat” for the conventions it helps create, agree, ratify and bring “into force”.

• See their websites for updated status of ratifications plus full texts of the conventions.

6. How do Maritime Conventions become national law?

• Depends upon ratifying nation’s constitution and legal process.

• In some countries, ratification can generate immediate application as law in that country e.g. USA.

• In others, e.g. UK and most common law jurisdictions, including Singapore, formal enactment is required by an Act which may apply by using its own words (can be problematic) or by an Act embodying the original convention text (the modern approach).

7. Who enforces maritime legislation?

• Enforcement process will depend upon the nature of the legislation (public, criminal or private).

• Flag State matters include crew matters, trading certificates, ship registration, safety/ ship inspection etc. and apply only to own registered/flagged vessels.

• Coastal/Port State matters include pollution, wreck removal, port state control, pilotage, COLREGS breach etc and apply to both home flag and foreign vessels while in port state waters.

8. How do we know what maritime law applies in what country?

• Look at the CMI and IMO web sites for the latest status of ratification of maritime conventions (look to see what exemptions have been made, if any).

• Check the national law website of the country in question e.g. Singapore MSA 1996 to confirm enactment into national law + any modifications which have been made to convention text!

• Confirm with a specialist maritime lawyer in that country/jurisdiction before acting in reliance on that information.

9. Basic system of Maritime Law

• National maritime laws which apply to a flag state’s own ships including registration.

• Territorial maritime laws which come into effect for all ships entering another nation’s territorial waters

__________________________________________________________________

BUSINESS CORRESPONDENCE

(BUSINESS LETTERS, BUSINESS E-MAIL)

Pre-reading tasks____________________________________________________

1. Divide into groups of two or three and make up a list of about 10 reasons

of writing letters.

2. Brainstorm the reasons of writing in business world.

Reading tasks_______________________________________________________

Read the text to understand the role of business correspondence.

BUSINESS CORRESPONDENCE

Definition of a Business Letter

The business letter is the basic means of communication between two companies. It is estimated that close to 100 million business letters are written each workday. It is a document typically sent externally to those outside a company but is also sent internally to those within a company.

Most business letters have a formal tone. You should write a business letter whenever you need a permanent record that you sent the information enclosed. Because you generally send business letters to other professionals, always include a formal salutation and closing.

Purpose of a Business Letter

You will write business letters to inform readers of specific information. However, you might also write a business letter to persuade others to take action or to propose your ideas. Business letters even function as advertisements at times. Consider the letters long-distance phone companies send to those not signed up for their services or the cover letter to your resume. Both of these serve to promote or advertise.

Business letters can be challenging to write, because you have to consider how to keep your readers’ attention. This is particularly the case if your readers receive large amounts of mail and have little time to read .

Writing business letters is like any other document: First you must analyze your audience and determine your purpose. Then you gather information, create an outline, write a draft, and revise it. The key to writing business letters is to get to the point as quickly as possible and to present your information clearly.

Determining your Audience Type

Writers determine their audience types by considering:

Who they are (age, sex, education, economic status, political /social /religious beliefs);

What level of information they have about the subject (novice general reader, specialist or expert);

The context in which they will be reading a piece of writing (in a newspaper, textbook, popular magazine, specialized journal, on the Internet, and so forth).

You’ll need to analyze your audience in order to write effectively.

3. Look at the following letters.

1. What is purpose of each letter? Try to determine the type of audience in them.

Letter 1

Супутник-Зв'язок Лімітед 17, вул. Добролюбова, Харків-77, Україна Шановний пане/ Шановна пані! 13 травня 2000 року о 19 годині в приміщенні нашого центрального офісу відбудуться урочисті збори та банкет, присвячені річниці створення нашого спільного підприємства. Запрошуються всі, хто брав участь у становленні підприємства. Вхід у вечірньому вбранні. Просимо відповісти для отримання офіційного запрошення. З повагою Генеральний директор С. А. Бровко

Letter 2

6th of July 2000 My dear Mary, This is just a note to ask you if you and Nick are free in the evening of July 25. We’re going to have a little party at our place with ice-cream, music and all, for a wooden wedding is not a joke! Do get in touch soon and tell if you can make it. Love, Pete and Sarah

B. The chart gives you an idea of difference in structure and wording of ordinary and business letters both in English and Ukrainian. Complete the chart by the missing English and Ukrainian version. Pay attention to the first column of the table.

	Letter 1	Letter 2
Address	17, вул. Добролюбова, Харків -77, Україна	––
Date
Greeting		My dear Mary
Date and place of invitation	ІЗ травня 2000 року о 19 годині в приміщенні нашого центрального офісу
Reason of invitation
People invited
Type of meeting		A little party
Request to answer
Closing

4. Consider a scheme of a Ukrainian document.

Емблема фірми Гриф обмеженого доступу Назва фірми Гриф затвердження Юридична адреса фірми: Адреси вул., буд., місто, індекс, тел., факс, розрахунковий Резолюція рахунок у банку Вид документа Дата ___________№____________ На №___________від ___________ Заголовок до тексту Початок тексту (з абзацу) ТЕКСТ Додаток Посада особи, підпис Ім’я або ініціали, прізвище яка підписала документ печатка Прізвище виконавця і телефон Відмітка про виконання Відмітка документа і направлення про надходження на розгляд

Note! However a lot of companies have their own individual systems.

Pre-reading tasks____________________________________________________

5. Consider a scheme of a Ukrainian business letter. Try to write in Ukrainian any business letter of your own.

Reading tasks_______________________________________________________

Read the text to ensure if business letters in different countries are identical.

Structure and Presentation

Business letters in different countries are identical. As a rule a business, letter written on the firm form, consists of such elements: sender’s address; date; references; inside address (or receiver’s address); salutation; subject; introductory paragraph; body of the letter; complimentary close; signature; per pro; company position; enclosure.

Let’s examine some features of a simple business letter.

Sender’s address. In correspondence that does not have a printed letterhead, the sender’s address is written on the top right-hand side of the page. In the UK, in contrast to the practice in some countries, it is not usual to write the sender’s name before the sender’s address.

Date. The date is written below the sender’s address, sometimes separated from it by a space. The month in the date should not be written іn figures as they can be confusing; for example, 11.1.93 means 11^th January 1993 in the UK but 1^st November 1993 in the USA. In the USA the date may indicate the month first, then the date and then the year, so 15 April 2002 will look as 04.15.2002 or 04/15/2002. Nor should you abbreviate the month, e.g. Nov. for November, as it simply looks untidy.

Inside (or receiver’s) address. This is written below the sender’s address and on the opposite side of the page. If you know the surname of the person you are writing to, you write this on the first line of the address, preceded by a courtesy title and either the person’s initial(s) or his/her first given name, e.g. Mr J.E. Smith or Mr John Smith, not Mr Smith.

Courtesy titles used in addresses are as follows: Mr is the usual courtesy title for a man. Mrs is used for a married woman. Miss is used for an unmarried woman. Ms is used for both married and unmarried women and it is a useful form of address when you are not sure whether the woman you are writing to is married or not.

Receiver. Writing and translation of addresses used to make some difficulty since Slavic and English layouts are not the same. Now one should mind that they have become almost the same for both home and international correspondence in Ukraine

Compare the following:

Іванову A. A. Ms Paul Smith

Голові компанії «Сантана-Трейдінг» (The) Sales Manager of

45, вул. Данілевського Union Trading LTD

61007, Харків-7 7 Carswood Street

Україна Redhill

Surrey TQ1 6 BD

Great Britain

In English the number of the building precedes the name of the street without comma. In translation it is not recommended to render Ukrainian or Russian вулиця, площа, улица, площадь by English street, square, etc. and vice versa to avoid confusion in mail delivery. So, вулиця Данілевського in English will be Vulytsia Danylevskogo, not Danylevsky or Danylevskogo Street as well as Carswood Street will be Карсвуд Стріт, not вулиця Карсвуд.

Salutations. Dear Sir opens a letter written to a man whose name you do not know. Dear Sirs is used to address a company. Dear Madam is used to address a woman, whether single or married, whose name you do not know. Dear Sir or Madam is used to address a person of whom you know neither the name nor the sex. When you do know the name of the person you are writing to, the salutation takes the form of Dear followed by a courtesy title and the person’s surname. Initials or first names are not generally used in salutations: Dear Mr Smith, not Dear Mr J. Smith or Dear Mr John Smith.

References. References are quoted to indicate what the letter refers to (Your Ref.) and the correspondence to refer to when replying (Our Ref.).

The first paragraph says why you are writing. In the first paragraph you will thank your correspondent for his letter ( if replying to an enquiry), introduce yourself and your company if necessary, state the subject of the letter, and set out the purpose of the letter.

The middle paragraphs say what you want or what you are doing (the real reason for writing the letter). This is the main part of your letter and will concern the points that need to be made, answers you wish to give, or questions you want to ask. It is in the middle paragraphs of a letter that planning is most important, to make sure that your most important points are made clearly, fully and in a logical sequence.

The final paragraph is a polite ending. When closing the letter, you should thank the person for writing, if your letter is a reply and if you have not done so at the beginning. Encourage further enquiries or correspondence, and mention that you look forward to hearing from your correspondent soon.

Complimentary closes. If the letter begins Dear Sir, Dear Sirs, Dear Madam or Dear Sir and Madam, it will close with Yours faithfully. If the letter begins with a personal name — Dear Mr James, Dear Mrs Robinson, Dear Ms Smith — it will close with Yours sincerely. Avoid closing with old-fashioned phrases such as We remain yours faithfully, Respectfully yours, etc. The comma after the complimentary close is optional.

Signatures. Always type your name after your handwritten signature and your position in the firm after your typed signature.

Per pro. The term per. pro (p.p) is sometimes used in signatures and means for and on behalf of.

Enclosures. If there are any enclosures, e.g. leaflets, prospectuses, etc., with the letter, these maybe mentioned at the bottom of the letter, and if there are a number of documents, these are listed.

The main 9-blocked layout looks the following way:

1.Company name 2.References 3.Receiver 4.Date 5.Salutation 6.(Indentation (абзацний відступ)). 7.Close 8.Name and Title 9.Enclosures (Enc.)

There are some formal phrases widely used in business letters. Using them you tune the reader into the appropriate mood and make your communicative task easier.

UNDERSTANDING MAIN POINTS__________________________________

6. Study the following list of phrases to ensure that you know them all.

7. Compare the given structures of letters in English and Ukrainian: are there any differences. If yes, what are they?

Початок листа Opening Phrases