Перепишите следующие предложения, обращая внимание на придаточные предложения. Предложения переведите на русский язык.
1. At the time I was reading an interesting book which later on I gave as a present to my niece. 2. He went one day to a picture dealer in whose shop my brother thought he could buy a picture or two. 3. The informant is a person who serves the police officer confidential information about a crime as his civic responsibility and duty. 4. Groups support of criminal behavior: the extent to which the offender’s criminal behavior is supported by the norms of the group or groups to which he belongs. 5. The woman who lives next door is a lawyer.6. Miss Black had hired a barrister she needed. 7. It was a very serious case. It was the most serious case I’ve ever investigated.
5. Перепишите следующие предложения. Укажите, в каком значении употребляются в них глаголы should/would. Предложения переведите.
1. I should like to investigate a crime. 2. I would rather be a barrister than a solicitor. 3. One shouldn’t make a decision in a hurry. 4. If I were you I should plead guilty.
Перепишите и письменно переведите на русский язык приводимый ниже текст.
Civil and criminal penalties
There are several kinds of punishment available to the courts. In civil cases, the most common punishment is a fine, but specific performance and injunctions also may be ordered. For criminal offenses fines are also often used when the offense is not a very serious one and when the offender has not been in trouble before. Another kind of punishment available in some countries is community service. This requires the offender to do a certain amount of unpaid work, usually for a social institution such as a hospital. For more serious crimes the usual punishment is imprisonment. Some prison sentences are suspended: the offender is not sent to prison if he keeps out of trouble for a fixed period of time, but if he does offend again both the suspended sentence and any new one will be imposed.The length of sentences varies from a few days to a lifetime. However, a life sentence may allow the prisoner to be released after a suitably long period if a review (parole) boardagrees his detention no longer serves a purpose.
ТЕКСТЫ ДЛЯ ДОПОЛНИТЕЛЬНОГО ЧТЕНИЯ
Первый год обучения
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What is law?
In everyday life people use the word law in many different ways. Actually the word law is very difficult to define. There is a field of law that is known as "jurisprudence", which analyzes the concept of law and is concerned with the philosophy of law. Throughout the centuries people have attempted to define law and *to set forth its role in society.
In considering the numerous definitions of law and philosophy of law it must be recognized that one of the roles of law is to maintain order and that this is the function of the criminal laws. Another role of law is to resolve disputes that arise between individuals and to impose responsibility if one person has a legal claim against another. Between these two extremes of what might be called law and order on the one hand and settlement of disputes on the other, there are many situations that cannot be so clearly defined. For example, the income tax laws require that a person pay an income tax. If he fails to do so, or if he fails to declare all his income or takes improper deductions, he may be subjected to penalties, but he has also failed to live up to his obligations to society. In any event it is important that one bear in mind that the law is not simply a statement of rules of conduct but is also the means whereby remedies are afforded when one person has wronged another.
In one sense all issues and disputes in our society - political, social, religious, economic, or otherwise-ultimately become legal issues to be resolved by the courts. Thus it can be said that law is simply what the courts determine it to be as an expression of the public will in resolving these issues and disputes.
Another view of law is that it is a method of social control — an instrument of social, political, and economic change. Really law is both an instrument of change and a result of changes that take place in our society. It is difficult to determine whether the law brings about changes in our society or whether changes in society bring about a change in the law. In our legal system both are true. The law-responding to the goals, desires, needs, and aspirations of society is in a constant state of change. Sometimes the law changes more rapidly that does the attitude of the majority of society. In this event the law and our legal system provide leadership in bringing about changes. At other times our society is ahead of the law in moving in new directions, and changes are brought about by the people who act according to their new attitude and convictions. When these changes are accepted by the rest оf society, it often happens that the law then gives *approval and recognition of the changes, and the law has thus been *brought into line with the changing needs of society. For example, in the field of ecology various groups have put pressure on legislators to clean up the air and water. As a result of this laws have been enacted that require that devices be installed to control pollution. Here the public pressure resulted in the enactment of laws and the law was a follower rather than a leader. It is important to note that the law is not static — that it is constantly changing and that the impetus for the changes may come from many different sources.
In still another sense law has been defined as the rules and principles that are applied by the courts to decide lawsuits. These rules and principles fall into three categories: (1) laws that have been passed by legislative bodies, such as the Congress and state legislatures, together with the federal Constitution and the state constitutions and treaties that have been duly entered into; (2) *common law or *case law - the law that is derived from cases decided by the courts; and (3) *procedural rules that determine how lawsuits are handled in the courts with regard to rules оf evidence, *enforcement of *judgments, appeals, and related matters. It will be noted that the first two elements provide the rules that are applied by the courts to decide controversies and that the third provides the machinery whereby these rules of what is called substantive law are given effect and applied to resolve controversies.
(3402 t.un.)
NOTES:
*to set forth – излагать, объяснять
* approval and recognition – одобрение признание
*to bring into line with – выравнивать
*common law – общее право
*case law – прецедентное право
*procedural rules – процессуальные правила
* enforcement – принудительное выполнение
* judgments – судебное решение, приговор
Wacky Laws
There are many old laws in the United States that can only be described as “wacky”. And California, unsurprisingly, has the wackiest local laws of them all. Though few people are ever arrested for any of the examples given below, they are still on the statute book.
Californian State Laws
It is a misdemeanour to shoot at any kind of game from a moving vehicle, unless the target is a whale.
Women may not drive in a housecoat.
No vehicle without a driver may exceed 60 miles per hour.
In Baldwin Park
Nobody is allowed to ride a bicycle in a swimming pool.
In Hollywood
It is illegal to drive more than two thousand sheep down Hollywood Boulevard at one time.
In Los Angeles
You cannot bathe two babies in the same tub at the same time.
In San Francisco
It is prohibited for elephants to stroll down Market Street unless they are on a leash.
Persons classified as “ugly” may not walk down any street.
In Pacific Grove
It is illegal to molest butterflies.
In Waterloo, Nebraska
It is illegal for a barber to eat onions between 7 am and 7 pm
In New York State
You are not allowed to shoot at a rabbit from a moving trolley car. You have to get off the car, or wait for it to come to a complete stop, and then fire away.
In Alaska
It is illegal to look at a moose from the window of an airplane or any other flying vehicle.
In Indiana
It is against the law to travel on a bus within four hours of eating garlic.
(1136 t.un.)
Семестр
The English Constitution and Theory and Practice Diversity
To understand English constitutional law it is necessary to study numerous documents, including constitutional treaties like the Bill of Rights, various statutes and judicial decisions and others. But the whole of the Constitution of Britain will not be found in any of these documents. The English constitution, though partly written, is yet to be regarded as “unwritten” from the standpoint of constitutional lawyers, *as it is not codified as a whole in any particular document or documents. The English Constitution is considered to be flexible because Parliament *can “make or unmake” any law by the same procedure and with the same ease.
The Constitution is not the source of the law, but the law gives birth to the Constitution.
Though the King (Queen) is the nominal Sovereign, any particular Parliament during the period of its existence is legally supreme.
In England *the rights of the subject aremostly deduced from actual decisions in which remedies have been afforded for their invasion. Thus it is sometimes said that under the English Constitution *the remedy precedes the right.
In administering justice the Judges enjoy little arbitrary power. The law, which they administer, is defined by statutes and other documents *having statutory validity and by judicial precedents.
Certain important Conventions control the entire working of the Constitution. These Conventions relate to the duties of the King as a person, the duties of the Ministers of the Crown and so on.
Theory and practice concerning English constitutional law are divergent, as it is seen from the following illustrations:
1. In theory the Sovereign is to be an active party to the making of laws, but in practice he has a shadowy veto.
2. In theory every Lord of Parliament is a Judge of the House of Lords, entitled to take part in appeals from the lower Courts; in practice *he always absents himself unless qualified by statute to sit there as one of the quorum.
3. In theory certain persons (e.g. Lord Mayor) are invested with judicial powers at trials in the Central Criminal Court, but in practice they don't take part in judicial work there.
4. In theory certain public departments are supposed to be controlled by boards consisting of various high officials (e.g. the Board of Trade), but the real head is a single Minister of the Crown (e.g. the President of the Board of Trade).
5. Finally, Legislature and Executive are joined together by a connecting chain — the Cabinet.
(2061 t.un.)
NOTES:
*as it is not codified — так как она не кодифицирована
*can «make or unmake» any law — может составить или аннулировать любой закон
*the rights of the subject are deduced from actual decisions — права подданных складываются на основании фактических судебных решений
*the remedy precedes the right — средство судебной защиты предшествует закону
*having statutory validity — имеющие силу закона
*he always absents himself unless qualified by statute to sit there as one of the quorum — он всегда уклоняется, кроме тех случаев, когда закон уполномочивает его заседать для обеспечения кворума
The US Constitution
The US Constitution is the framework of the US government. It establishes the executive, legislative, and judicial branches. It is also the supreme law of the land, which all public officials are bound by oath to enforce. Moreover, the Constitution guarantees each American certain basic rights.
A «constitution» in American political language means the set of rules, laws, regulations and customs which together provide the political norms or standards regulating the work of the government. The document known as the Constitution of the United States, though a basic document, is only a part of the body of rules and customs which form the whole of the American Constitution. Supreme Court decisions, interpreting parts of the US Constitution, laws, regulations, customs are part of the basic law (the so-called *live constitution). Most historians regard the US Constitution as an essentially conservative document.
One remarkable feature of the US Constitution is its endurance. It is the oldest written national constitution in use in the world. Another remarkable feature of the Constitution is its ability to adapt itself to changing conditions.
The founding fathers knew that the Constitution might have to be changed. So they provided two methods of proposing amendments: by a two-thirds vote of both houses of Congress or by a national convention called by Congress at the request of the legislatures in two-thirds of the states. Once proposed, an amendment does not take effect unless it is ratified either by the legislatures in three-fourths of the states or by special ratifying conventions in three-fourths of the states.
The US Constitution consists of the Preamble, seven articles and twenty six amendments, the first ten of them called collectively the Bill of Rights and adopted under the popular pressure in 1791. When the Constitution was first proposed in 1787, there was widespread dissatisfaction because it didn’t contain guarantees of certain basic freedoms and individual rights. The Constitution consolidated those gains of the revolution that were advantageous for the capitalist class. Significantly, nothing was said about the elementary bourgeois-democratic freedoms. In December, 1791, the Congress adopted ten amendments to the Constitution, known as the Bill of Rights, which contains most of the basic rights. The Bill also enumerated *what the government controlled by the oligarchy was not going to be allowed to do. It was, of course, an important democratic gain for the people at that time. But nowadays some of these ten amendments are relatively unimportant.
The First Amendment protects the freedoms of religion, speech, press, assembly, and petition. The Second Amendment protects the right to bear arms. The Third Amendment protects against quartering of soldiers in private homes, and the Fourth Amendment protects against unreasonable searches and seizures.
The Fifth Amendment provides a right to due process of law and gives rights to accused people, including protection against self-incrimination. The sixth Amendment provides the rights to a lawyer, an impartial jury, and a speedy trial in criminal cases.
The Seventh Amendment provides for jury trials in civil cases.
The Eighth Amendment bars cruel and unusual punishment and excessive bail or fines. The Ninth Amendment declares that the rights spelled out in the Constitution are not all the rights that people have. Finally, the Tenth Amendment reserves to the states and the people any powers not belonging to the federal government.
The Bill of Rights was designed to protect Americans against the power of the federal government. Nothing in the Constitution specifically requires state governments to abide by the Bill of Rights. But in interpreting the Fourteenth Amendment, passed after the Civil War, the Supreme Court has extended most Bill of Rights protections to the states.
In addition to the Bill of Rights, later amendments provide other important rights. The Thirteenth Amendment forbids slavery and outlaws involuntary servitude, except as a punishment for crime. The Fourteenth Amendment requires equal protection of the laws for all citizens. It also provides that no state can deprive any citizen of life, liberty, or property without due process of law.
Several amendments protect and broaden the right to vote. The Fifteenth Amendment forbids denying the right to vote based on race or colour. The Nineteenth Amendment gives women the right to vote. The Twenty-fourth Amendment gives citizens of Washington D.C. the right to vote in presidential elections, and the Twenty-sixth Amendments gives all people 18 years of age or older the right to vote.
(3950 t.un.)
NOTES:
*«live constitution» — «живая конституция»
*what the government controlled by the oligarchy was not going to be allowed to do. ... что правительству, которое контролировалось олигархией, не разрешалось делать.
Второй год обучения
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Phases of investigation
The objectives of the investigator provide a convenient division of the investigation into three phases: (1) the criminal is identified; (2) he is traced and located; and (3) the facts proving his guilt are gathered for court presentation. This division is made for convenience of discussion, since the three phases are not necessarily separated in time but are usually fused throughout the investigation. The same evidence moreover can often be used for all three objectives.
Identifying the Criminal.
In the first stage the criminal is identified, i.e., some person is identified as the perpetrator of the criminal acts. Ordinarily the identity of the criminal is discovered in one or more of the following ways: confession, eyewitness testimony, or circumstantial evidence.