Татьяна Бочкарева - Английский язык для студентов заочной формы обучения Страница 2

legal – юридический, законный, правовой, судебный;

executive – исполнительный;

taxation – налогообложение, таксация (судебных издержек);

civil law – гражданское право;

property – собственность, право собственности;

institution – основание.

to provide for – обеспечивать;

encroachment – посягательство;

to regard – рассматривать;

to commit – совершать;

guilt – вина;

intoxication – опьянение;

to release – освобождать;

exceptional – исключительный;

to enumerate – перечислять.

judicial – судебный;

people's assessors – народные заседатели;

to be in session – заседать;

majority – большинство;

to determine – определять;

equal standing – равная правоспособность;

to exclude – исключать;

to appeal – обращаться;

to supervise – осуществлять надзор, наблюдать;

to exercise supervisory – осуществлять надзор;

observance – соблюдение;

application – применение;

to see to – присматривать;

according to – в соответствии с. … as a rule – как правило;

premeditated – предумышленный;

intent – намерение;

to put into effect – приводить в действие;

to plot – замышлять;

to depend on – зависеть от;

to contain – содержать;

to abandon – отказываться;

corpus delicti – состав преступления.

2.1.4.4 Задание 2. Прочитайте тексты А, В, С, D, E, F переведите их письменно

Text A. The Procurator’s Office

The Procurator's Office is a state organ that ensures the correct application end observance of the state's laws by all ministries, organisations persons in office and all the citizens. It also protects the personal rights of citizens. It investigates criminal cases, collects evidence against criminals and sees to it that other investigating organs act according to the law.

The procurator has the right to appeal against any unlawful decisions and actions of state organs and persona in office. The procurator maintains prosecution before the court in the name of the state.

Text B. The Courts in our Country

The court is an organ of state that administers justice on the basis of the laws of the state.

There are courts of first instance and second instance. A court of first instance examines a case in substance and brings in a sentence or a judgement. A court of second instance examines appeals and protests against sentences and judgements of courts of first instance.

The basic judicial organ is the district court. It tries both criminal and civil cases. The district court consists of a judge and two assessors. Cases are tried in public and proceedings are oral. The participants in the trial (the victim, the accused, the plaitiff, the defendant and others) speak in open court. The accused has the right to defence.

The higher courts are city courts, regional courts and others. These courts hear and determine more important cases. They also sit as courts of appeals.

The highest judicial organ is the country's Supreme Court supervising the activities of all the judicial organs of the state.

As a court of first instance it tries the most important criminal and civil cases. It also hears appeals against sentences and judgements of lower courts.

Text C. The System of Law in our Country

Law is a system of rules established by the state.

The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law.

Constitutional law is а leading branch of the whole system of law. It's principal source is the country's Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.

Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.

Financia1 law regulates the budget, taxation, state credits and other spheres of financial activity.

Civil law is connected with relations in the economic sphere of social life, with relations involving property, its distribution and exchange. The right in property is the central institution of civil law.

The rules of labour law include the legislation on the labour of industrial and office workers and regulate matters arising from labour relations.

Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals.

Criminal law takes the form of a criminal code consisting of a general and special part.

Text D. Criminal Law

Criminal Law is to provide for the Russian social and state system, personal property and the personal rights of citizens against criminal encroachments.

Criminal Law defines the acts which are socially dangerous and mustbe regarded as crimes. It lays down the penalties that should be applied to persons committing these crimes. Here are some leading principles of Russia Criminal Law:

1 A person may be charged with criminal responsibility only when he has committed an act specially provided for in Criminal Law.

2 Responsibility can exist only in the presence of guilt.

3 Criminal punishment shall be applied only by sentence of the court.

4 Persons committing crimes in a state of intoxication are not released from criminal responsibility.

5 The death sentence may be passed as an exceptional penalty in cases specifically enumerated in law.

Text E. The Russian Court and the Procurator’s Office

The Russian Court is an organ of state that administers justice on the basis of the laws of the Russian State.

The basic Russian judicial organ is the district People's Court which consists of a judge and two people's assessors having the rights of a judge when the court is in session.

The district People's Court hears the majority of the cases. More important cases such as the crimes against the state are determined by the regional court or a court of equal standing.

The Supreme Court of Russia is the highest judicial organ of the Russia State. It is charged to supervise the work of all judicial organs.

The Procurator's Office is established to exercise supervisory power over the strict observance and application of the law by all organizations, officials as well as by all citizens of the country.

Other duties of the Procurator's Office are to investigate criminal cases, collect evidence against the criminals and see to it that other investigating bodies act according to the law.

So it may be said that the Procurator's Office, like all the Russian courts, protects legality, law and order.

Text F. Stages of Criminal Activity

As a rule, premeditated criminal activity consists of several stages: preparation, attempt and commission.

Preparation of a crime is the search for an adaptation of means or instruments, or any other premeditated creation of combinations for the commission of a crime. Preparation of a crime is generally a punishable offence. But in determining the penalty, the court must take into consideration the extent of. the danger to society involved in the preparations, the degree to which the criminal intent has been put into effect, and the causes that prevented the full commission of the crime. In cases where the person plotting a crime has not gone beyond the preparation the court usually imposes a milder penalty or none at all. An attempt is a premeditated act directly aimed at the commission of a crime but not completed for reasons not depending on the will of the guilty person.

An attempt is a punishable offense. But in determining the penalty the court must also take into consideration the character, the degree of the danger to society involved in the act committed by the guilty person, the degree to which the criminal intent has been put into effect, and the causes that prevent the full commission of the crime.

A crime is considered as committed when the guilty person has performed the act containing the corpus delicti of crime.

Desisting from completion of a crime is possible in the stages of preparation and attempt when a person having the possibility, of completing the crime, of his own free will abandons his criminal intent before its completion. He is then responsible only in the act performed by him contains the corpus delicti of another crime.

2.1.4.5 Задание 3. Ответьте на вопросы по текстам А, В, С, D, E, F

1 What does the Procurator’s office ensure?

2 What right has the procurator?

3 What kind of cases does a court of first instance examine?

4 Who are the participants in the trial?

5 What is the highest judicial organ in our country?

6 What is the main aim of Law?

7 What branches of Law in the Law System of our country do you know?

8 What does the Financial Law regulate?

9 How do the graduates administer justice?

10 What acts does Criminal Law define?

11 What leading principles of Russian Criminal Law do you know?

12 What is the Russian Court?

13 What is the basic Russian judicial organ?

14 What is the highest judicial organ?

15 What is the Procurator’s Office established for?

16 What stages does the criminal activity consist of?

17 What does an attempt mean?

18 What must the court take in to consideration?

19 When is a crime considered as committed?

2.2 Тексты II семестра

2.2.1 Тексты для студентов специальности «Юриспруденция»

2.2.1.1 Задание 1. Прочитайте и запомните следующие слова и словосочетания:

legal activities – правомерная, законная деятельность;

penalty – наказание;

witchcraft – колдовство;

runway slaves – беглые рабы;

stone pillar – каменная колонна;

divorce – развод;

marriage – брак;

revenge – месть;

punishment – показание;

to damage – наносить ущерб;

death penalty – смертная казнь;

blood feuds – кровная месть;

bride – невеста;

offender – преступник;

offense – правонарушение;

victim – жертва;

kidnap – похищать;

religious beliefs – религиозные верования;

harsh measures – жесткие меры;

government decisions – правительственные решения;

evidence – доказательство;

prominent – выдающийся;

solution – решение;

moderation – умеренность;

to permit – позволять, разрешать;

enslavement – порабощение;

fair – справедливый.

2.2.1.2 Задание 2. Прочитайте тексты А, В, С, D переведите их письменно

Text A. The Birth of Law

Rules and laws – and the conventions or customs from which they are descended – have been a part of human life ever since our ancestors first began to live in large and settled groups. But our knowledge is vague of laws that were in effect before the invention of writing in about 3500 B.C. The earliest known legal text was written by Ur-Nammu, a king of the Mesopotamian city of Ur, in about 2100 B.C. It dealt largely with compensation for bodily injuries, and with the penalties for witchcraft and runaway slaves.

Text B. Laws of Babylon

One of the most detailed ancient legal codes was drawn up in about 1758 B.C. by Hammurabi, a king of Babylonia. The entire code, consisting of 282 paragraphs, was carved into a great stone pillar, which was set up in a temple to the Babylonian god Marduk so that it could be read by every citizen.

The pillar, lost for centuries after the fall of Babylon in the 16th century B.C., was rediscovered by a French archaeologist in 1901 amid the ruins of the Persian city of Susa. Hammurabi's words were still legible. The pillar is now in the Louvre museum in Paris.

The laws laid down by Hammurabi were more extensive than any that had gone before. They covered crime, divorce and marriage, the rights of slave owners and slaves, the settlement of debts, inheritance and property contracts; there were even regulations about taxes and the prices of goods.

Punishments under the code were often harsh. The cruel principle of revenge was observed: an eye for an eye and a tooth for a tooth, which meant that criminals had to receive as punishment precisely those injuries and damages they had inflicted upon their victims. Not only murderers but also thieves and false accusers faced the death penalty. And a child who hit his father could expect to lose the hand that struck the blow. The code outlawed private blood feuds and banned the tradition by which a man could kidnap and keep the woman he wanted for his bride. In addition, the new laws took account of the circumstances of the offender as well as of the offence. So a lower-ranking citizen who lost a civil case would be fined less than aristocrat in the same position – though he would also be awarded less if he won.

Nevertheless, Hammurabi's laws represented an advance on earlier tribal customs, because the penalty could not be harder than the crime.

Text C. The Legal Heritage of Greece and Rome

The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Before the Greeks most civilizations attributed their laws to their gods or goddesses. Instead, the Greeks believed that laws were made by the people for the people.

In the seventh century B.C., Draco drew up Greece's first written code of laws. Under Draco's code death was the punishment for most offenses. Thus, the term draconian usually applies to extremely harsh measures.

Several decades passed before Solon – poet, military hero, and ultimately Athens' lawgiver – devised a new code of laws. Trial by jury, an ancient Greek tradition was retained, but enslaving debtors was prohibited as were most of the harsh punishments of Draco's code. Under Solon's law citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions.

What the Greeks may have contributed to the Romans was the concept of 'natural law'. In essence, natural law was based on the belief that certain basic principles are above the laws of a nation. These principles arise from the nature of people. The concept of natural law and the development of the first true legal system had a profound effect on the modern world.